Interim measures

Anticompetitive practices

The Slovak Parliament adopts the Act on Protection of Competition which implements the provisions of the ECN+ Directive Free
Čechová & Partners (Bratislava)
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Čechová & Partners (Bratislava)
The implementation of the Directive 2019/1 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (ECN+ Directive) is a topic that resonates in competition law circles all over the EU. In Slovakia, (...)

The French Competition Authority declines urgent interim measures but continues to investigate the abuse of a dominant position from a company in the electricity sector (Plum / EDF)
French Competition Authority (Paris)
After receiving a complaint from an electricity supplier, the Autorité de la concurrence has not issued urgent interim measures against EDF but continues its investigation into the merits of the case* The electricity supplier Plüm Energie, which offers the supply of electricity to local and (...)

The Munich Regional Court issues two preliminary injunctions regarding a cooperation agreement that has the effect of restricting competition on the market for health portals (Google)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 20 January 2021, the Regional Court of Munich I (the “Court”) issued two preliminary injunctions against Google Ireland Ltd. (“Google”) and the Federal Republic of Germany, represented by the German Federal Ministry of Health (“the Ministry”), at the request of health platform NetDoktor.de (...)

The Turkish Competition Authority announces its decision to launch a fully-fledged investigation against Big Tech companies (Facebook / WhatsApp)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Introduction The Competition Board recently announced its decision to launch a fully fledged investigation, ex officio, against Facebook Inc, Facebook Ireland Ltd, WhatsApp Inc and WhatsApp LLC (together, ’Facebook’) in order to assess whether they had violated Article 6 of Law 4054 on the (...)

The Australian Competition Authority proposes to authorise national dairy farmers association licensing scheme (Fair Go Dairy)
Australian Competition and Consumer Commission (Canberra)
ACCC proposes to authorise ’Fair Go Dairy’ licensing scheme* The ACCC is proposing to authorise the Queensland Dairyfarmers’ Organisation Limited’s (QDO) Fair Go Dairy licensing scheme for five years. Under the scheme, QDO will grant processors a licence to use the ‘Fair Go Dairy’ logo on (...)

The Australian Competition Authority authorises cooperation to support regional airline services due to the COVID-19 pandemic (Virgin Australia / Alliance Airlines) Free
Australian Competition and Consumer Commission (Canberra)
Virgin Australia and Alliance Airlines authorised to cooperate to support regional airline services* The ACCC has today granted interim authorisation to Virgin Australia and Alliance Airlines allowing them to cooperate on 41 regional routes and two short-haul international routes. The ACCC’s (...)

The Dutch Competition Authority allows health insurers to distribute the additional costs of effects of the COVID-19 crisis among each other Free
Netherlands Authority for Consumers & Markets (The Hague)
Dutch health insurers may distribute the additional costs of effects of the coronavirus crisis among each other* This year, Dutch health insurers may distribute the additional costs of the effects of the coronavirus (COVID-19) crisis among themselves. The Netherlands Authority for Consumers (...)

The Slovak Competition Authority releases the first draft of the new Competition Act for consultation
Čechová & Partners (Bratislava)
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Čechová & Partners (Bratislava)
The Slovak national competition authority (Antimonopoly Office of the Slovak Republic, the “AMO”) released the first draft of the new Competition Act for consultation. The authorities and the public may submit comments to the draft until 6 November 2020. The proposed date of entry into force of (...)

The French Competition Authority consults on commitments offered by two supermarket groups on the scope of their cooperation on own-brand labels (Carrefour / Tesco)
French Competition Authority (Paris)
Purchasing offices: Carrefour and Tesco propose commitments* Following its investigation into the joint purchasing agreement signed by Carrefour and Tesco, the Autorité de la concurrence received commitment proposals from the two groups redefining the scope of their cooperation on own-brand (...)

The UK Competition Authority imposes interim measures while it prolongs due to COVID-19 pandemic its investigation of an updated agreement between major airlines on providing slots to other competitors on certain UK-US routes (Atlantic Joint Business Agreement) Free
United Kingdom’s Competition Authority - CMA (London)
CMA acts to protect competition on UK-US airline routes* Due to coronavirus, the CMA has imposed measures to protect competition on UK-US air routes while it investigates an agreement involving BA and American Airlines. The next year will see the expiry of remedies in place under a set of (...)

The Hellenic Competition Authority launches an investigation on health and hospital equipment during COVID-19 pandemic Free
Hellenic Competition Authority (Athens)
The interim results of HCC’s investigations on health and hospital equipment during covid-19 pandemic* Subject: Investigation by the Hellenic Competition Commission in the markets of a) healthcare materials, b) other appropriate means of individual or collective protection against the spread of (...)

The Australian Competition Authority authorizes oil companies to cooperate to secure fuel supplies during the COVID-19 pandemic Free
Australian Competition and Consumer Commission (Canberra)
Oil companies authorised to cooperate to secure fuel supplies during COVID-19* The Australian Institute of Petroleum (AIP) and major oil refiners have been granted authorisation by the ACCC to continue cooperating on measures to improve the security of fuel supplies during the COVID-19 (...)

The Australian Competition Authority authorises supermarkets to continue cooperating on COVID-19 response Free
Australian Competition and Consumer Commission (Canberra)
Supermarkets authorised to continue cooperating on COVID-19 response* Supermarket operators will be allowed to continue cooperating to ensure supply of food and groceries in response to the COVID-19 pandemic, under an ACCC authorisation granted today. Coles, Woolworths, Metcash, Aldi, and (...)

The Australian Competition Authority allows chicken processors to cooperate on Victorian chicken meat supply due to the COVID-19 pandemic (Ingham’s / Turosi / Hazeldene’s Chicken Farm / Australian Chicken Meat Federation) Free
Australian Competition and Consumer Commission (Canberra)
Processors authorised to cooperate on Victorian chicken meat supply* Ingham’s Group and other chicken processors will be allowed to work together to reduce the impact of the COVID-19 pandemic and associated Victorian stage 4 restrictions on the chicken meat industry, under an urgent interim (...)

The French Government issues interim rules on certain foreign investments in response to COVID-19 Free
Skadden, Arps, Slate, Meagher & Flom (Paris)
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Skadden, Arps, Slate, Meagher & Flom (Paris)
On July 23, 2020, the French government issued decree nº 2020-892 of July 22, 2020 (the Decree), and a ministerial order of the same date (together, the Interim Rules), which lowered the applicable threshold that triggers French foreign investment control for investments by non-European (...)

The French Government temporarily reduces the threshold for review of non-EU/EEA investments in French listed companies in the context of the COVID-19 pandemic Free
Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (Paris)
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Cleary Gottlieb Steen & Hamilton (Paris)
On July 23, 2020, the French Government published a Decree and a Ministerial Order to temporarily reduce the threshold for review of nonEU/EEA investments in French listed companies in the context of the COVID-19 pandemic. As explained by the French Minister for the Economy, “[w]hile most (...)

The Hellenic Competition Authority implements regulation authorising agreements and decisions on market stabilisation measures in the wine sector due to COVID-19 Free
Hellenic Competition Authority (Athens)
Commission Implementing Regulation in the wine sector* Commission Implementing Regulation authorising agreements and decisions on market stabilisation measures in the wine sector The European Commission adopted an additional package of exceptional measures to support the wine sector, (...)

The Australian Competition Authority proposes to allow supermarkets to continue cooperating on grocery supply during the COVID-19 pandemic Free
Australian Competition and Consumer Commission (Canberra)
ACCC proposes to allow supermarkets to continue cooperating on grocery supply* Supermarket operators will be able to continue working together until March 2021 to ensure the continued supply of food and groceries during the COVID-19 pandemic, under the ACCC’s draft determination. “The ACCC (...)

The Swedish Competition Authority accepts commitments from one training company to limit its use of exclusive agreements with fitness studios and closes investigations into another 2 companies (Bruce / Classpass / Swiftr)
Swedish Competition Authority (Stockholm)
Swedish Competition Authority accepts commitments from training company* Bruce is a company that offers training services. The company has offered to limit its use of exclusive agreements with fitness studios in order to avoid that competition concerns arise. The Swedish Competition Authority (...)

The Belgian Competition Authority does not consider the relegation of the football club to division 1B prima facie incompatible with competition law (FC Waasland-Beveren)
Belgian Competition Authority (Brussels)
The Competition College does not consider the relegation of the football club Waasland-Beveren to division 1B prima facie incompatible with competition law* The Competition College of the Belgian Competition Authority (BCA) has on the 2nd of July 2020 imposed on the Pro League (Belgian premium (...)

The Italian Competition Authority opens investigation into alleged anticompetitive agreement obstructing procurement of free films by film arenas (ANICA / ANEC / ANEC Lazio)
Italian Competition Authority (Rome)
I840 - ICA: launch of an investigation into Anica, Anec and Anec Lazio for obstructing the procurement of films, free of charge, by film arenas* The Authority launched an investigation into Associazione Nazionale Industrie Cinematografiche Audiovisive e Multimediali (ANICA), Associazione (...)

The Australian Competition Authority proposes to allow insurance companies and brokers to continue cooperation on COVID-19 temporary relief measures for certain small businesses Free
Australian Competition and Consumer Commission (Canberra)
Insurers to be authorised to continue relief measures for small businesses* The ACCC is proposing to allow insurance companies and brokers to continue coordination and implementation of temporary COVID-19 relief measures for certain small businesses. The authorisation will apply to Suncorp, (...)

The Brazilian Competition Authority authorises temporary collaboration due to COVID-19 among competitors distributing consumer goods such as beverages, food, personal and domestic care products to small and medium retailers (Movimento Nós) Free
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Cade authorizes collaboration among Ambev, BRF, Coca-Cola, Mondelez, Nestlé and Pepsico due to the new coronavirus crisis* Exceptional measure aims to minimize the effects of the crisis due to the Covid-19 pandemic The Administrative Council for Economic Defense (Cade) recently decided to (...)

The Brazilian Competition Authority authorises competitor collaboration to assist the recovery of small retailers of beverages, food and personal and domestic care products against the economic effects of COVID-19 (Movimento Nós) Free
Caminati Bueno Advogados (São Paulo)
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Caminati Bueno Advogados (São Paulo)
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Caminati Bueno Advogados (São Paulo)
In an Extraordinary Judgment Session held on May 28th, the Tribunal of the Brazilian Antitrust Authority (Cade) ratified a decision of its General Superintendence and authorized a collaboration among a group of companies (including competitors) - Ambev, BRF, Coca-Cola, Mondelez, Nestlé and (...)

The Italian Competition Authority allows cooperation among competing pharmacies in purchasing and selling surgical masks, and common moratorium scheme for consumer credit among competing financial services providers, both as special measures allowed due to COVID-19 Free
Italian Competition Authority (Rome)
ICA: competitive compatibility verified of the cooperation agreements between businesses for the distribution of masks and the moratorium scheme for consumer credit prepared by Assofin* The Authority has applied for the first time the Communication, approved last April, on cooperation (...)

The Portuguese Competition Authority imposes on the national football league a precautionary measure to suspend its no-poaching agreement, invoking issues caused by the COVID-19 pandemic (Portuguese Professional Football League) Free
Portuguese Competition Authority (Lisbon)
Covid - 19: AdC imposes precautionary measure on the Portuguese Football League that suspends no-poach agreement* The AdC ordered the Portuguese Professional Football League (LPFP in Portuguese) to immediately suspend the no-poach agreement, an agreement to not recruit or hire another clubs’ (...)

The Australian Competition Authority grants interim authorisation for mining companies to co-operate with members of the minerals council to work together in order to manage critical services and supplies as a response to the COVID-19 outbreak Free
Australian Competition and Consumer Commission (Canberra)
MINING COMPANIES ALLOWED TO CO-OPERATE DURING COVID-19 PANDEMIC* Members of the Minerals Council of Australia (MCA) and other mining associations will be able to work together to manage critical services and supplies during the COVID 19 pandemic, after the ACCC granted interim authorisation (...)

The Australian Competition Authority grants conditional interim authorisation to two supermarket undertakings to co-operate on their store opening times in light of the COVID-19 outbreak Free
Australian Competition and Consumer Commission (Canberra)
7-ELEVEN AND FRANCHISEES AUTHORISED TO CO-OPERATE ON STORE OPENING TIMES* 7-Eleven and its franchisees have been granted conditional interim authorisation to discuss potential temporary store closures or reduced trading hours in light of reduced customer demand because of COVID-19 (...)

The Australian Competition Authority grants three months exemptions to financial services providers who are required to share product reference data by a set date, due to the impact of COVID-19 Free
Australian Competition and Consumer Commission (Canberra)
TEMPORARY EXEMPTIONS UNDER CONSUMER DATA RIGHT* Three-month exemptions have been granted to financial services providers required to share product reference data by 1 July 2020, due to the impact of the COVID-19 pandemic. The temporary exemptions under the Consumer Data Right, until 1 (...)

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

The Italian Competition Authority launches an investigation and opens sub-proceedings for potentially ordering interim measures against two companies providing products for the prevention of contagion of the COVID-19 to consumers resident in Europe (ContextLogic / Wish) Free
Italian Competition Authority (Rome)
PS11734 - ANTITRUST: PROCEEDINGS INITIATED AGAINST THE WWW.WISH.COM PLATFORM* On 31 March, the Authority launched an investigation and opened a sub-proceedings for ordering, if necessary, an interim measure against ContextLogic Inc, the US company that owns the www.wish.com platform and its (...)

The UK Government temporarily suspends competition law to allow ferry operators to the Isle of Wight to cooperate on routes and flow of goods during the COVID-19 outbreak Free
United Kingdom’s Competition Authority - CMA (London)
Government to suspend competition law to support Isle of Wight ferry routes* Competition law to be temporarily suspended to allow ferry operators to maintain a crucial lifeline between the island and the mainland. Business Secretary to waive competition law for vital Isle of Wight crossings (...)

The French Competition Authority fines a big tech company a record €1 billion and its wholesalers €139 million for a series of vertical restrictions within the distribution network and abuse of economic dependence (Apple / Tech Data / Ingram Micro)
AD LEGAL (Paris)
In a decision of March 16, 2020, the French Competition Authority (Autorité de la concurrence, hereinafter “FCA”) imposed a €1,1 billion fine on the Apple group (“Apple”) for (i) engaging in a series of vertical restrictions of competition within its distribution network and (ii) abusing the economic (...)

The Italian Competition Authority sanctions telecommunication operators for their participation in a cartel (Assotelecomunicazioni / Fastweb / Telecom Italia / Vodafone...)
Bird & Bird (Rome)
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Bird & Bird (Rome)
On 7 February 2018, the Italian Competition Authority (“ICA”) initiated an investigation against the major fixed and mobile operators (TIM S.p.A, Vodafone Italia S.p.A, Fastweb S.p.A and Wind Tre S.p.A). The investigation was aimed at verifying whether the companies had coordinated their (...)

The Belgian Competition Authority imposes interim measures on a billiards game association following a complaint raised on its anti-competitive rules (Belgian Bumper Pool Association)
University of Leiden - Europa Institute (Leiden)
In a decision of 24 January 2020, the Competition College of the Belgian Competition Authority imposed an interim measure on the Belgian Bumper Pool Association (Belgian Golf Billiards League, BGB) concerning the balls that may be played with in competitions and matches organised by the BGB or (...)

The Paris Commercial Court grants interim measures to a large food retailer imposing on one of its suppliers of non-alcoholic beverages to resume its deliveries (Intermarché / Coca-Cola)
BCTG Avocats (Paris)
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BCTG Avocats (Paris)
Following the Coca Cola European Partners’ decision (hereinafter ’Coca-Cola’) to stop delivering its products to ITM Alimentaire International (hereinafter ’ITM’), ITM applied for interim measures before the Paris Commercial Court (hereinafter the “Court”) in early 2020. On January 16th, 2020, the (...)

The Swedish Competition Authority issues a preliminary injunction against the use of exclusivity provisions in vertical agreements by the owner of a training aggregator app (Bruce)
Van Bael & Bellis (Brussels)
On 5 December 2019, the Swedish Competition Authority (“SCA”) issued a preliminary injunction against IM WITH BRUCE (“Bruce”), the owner of a so-called “training aggregator” app which offers subscribers access to a variety of fitness studios, prohibiting Bruce from using exclusivity provisions in its (...)

The Chinese State Administration for Market Regulation publishes a draft to incentivise whistle blowing and reward measures for complaints against significant illegal conduct in the regulation field
Hogan Lovells (Beijing)
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Hogan Lovells (Hong Kong)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. COMPETITION LAW WHISTLE-BLOWING TO PAY OFF IN CHINA ?* As the number of leniency applications is down globally and competition authorities are struggling to find (...)

The Rotterdam District Court issues an interim judgment in a private enforcement cartel claim in the lifts and escalators market (Kone / ThyssenKrupp)
Bird & Bird (The Hague)
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Bird & Bird (Amsterdam)
On 23 October 2019, the District Court of Rotterdam ("District Court") rendered an interim judgement on a private enforcement cartel claim against Kone and ThyssenKrupp. The private enforcement claim follows fines imposed by the European Commission back in 2007 for a lifts and escalators-cartel (...)

The Latvian Competition Authority imposes interim measures suspending concession agreements concluded between a municipality and two waste management companies (Riga Municipality / Getliņi EKO / Tīrīga)
Konkurences padome (Riga)
The Competition Council adopts a decision imposing interim measures regarding waste management in Riga* On September 9th the Competition Council of Latvia (the CC) adopted a decision imposing interim measures on Riga Municipality and the limited liability company owned by it – SIA Getliņi (...)

The French Competition Authority rejects the referral filed by an online content hosting service regarding practices of several companies in the online payment sector (Dstorage / Visa / Mastercard)
French Competition Authority (Paris)
Online payment* The Autorité de la concurrence rejects, in the absence of solid evidence, the referral filed by the online content hosting service Dstorage (1fichier.com) regarding practices of several companies in the payment methods sector, notably the Groupement des Cartes Bancaires, Visa (...)

The Hellenic Competition Authority imposes interim measures in the aluminium industry for anticompetitive-behavior (Elmin Bauxites / Mytilineos)
Kyriakides Georgopoulos Law Firm (Athens)
EX OFFICIO INTERIM MEASURES MYTILINEOS S.A. VS ELMIN BAUXITES S.A. (HCC 690/2019) I. After a long period during which the HCC did not view favorably applications for interim measures, interim measures were imposed on 28.06.2019 ex officio by the HCC, in the context of a highprofile case (...)

The French Competition Authority rejects the request for interim measures filed by a law firm relating to practices implemented by the Toulouse Bar Association (AGN Avocats)
French Competition Authority (Paris)
Law firms* The Autorité de la concurrence rejects the request for interim measures filed by the company AGN Avocats relating to practices implemented by the Toulouse Bar Association, but pursues the investigation into the merits of the case. The company AGN Avocats Développement, hereinafter (...)

The Hellenic Competition Authority imposes interim measures for concerted practices in the agricultural sector (Naxos)
Kyriakides Georgopoulos Law Firm (Athens)
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Kyriakides Georgopoulos Law Firm (Athens)
Interim action for retaliation measures against agricultural producers in Naxos (HCC 653/2017) After a long period of inaction in the area of interim measures, the HCC convened at the expiration of last year to deal with a possible 101 TFEU (and its Greek Competition Act equivalent) violation (...)

The Belgian Competition Authority imposes provisional measures in a case involving TV rights for a series of cyclocross competitions (Telenet)
Belgian Competition Authority (Brussels)
The Competition College of the Belgian Competition Authority has imposed on the 5th of November 2015 provisional measures with regard to TV rights for the Superprestige cyclocross competition* The v.z.w. Verenigde Veldritorganisatoren (the organizer) and Telenet concluded an agreement granting (...)

The French Competition Authority rejects the request for interim measures taking the form of a suspension of a network sharing agreement between two mobile phone companies (Orange / Bouygues Telecom / SFR)
French Competition Authority (Paris)
* Press release originally published on the official website of the French Competition Authority. The title above has been amended in order to match the e-Competition format. The Autorité de la concurrence refuses to suspend the network sharing agreement signed between Bouygues Telecom and SFR* (...)

Interim Measures: An overview of EU and national case law
Bonelli Erede (Rome)
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Clifford Chance (Rome)
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Poste Italiane (Rome)
Interim measures are a tool for competition authorities to guarantee the effective enforcement of antitrust law. They ensure that, while an investigation is ongoing, no irreparable damage is caused to competition which could no longer be remedied by the decision adopted at the conclusion of the (...)

The Australian Competition and Consumer Commission grants interim authorisation for collective negotiations between coal producers (Tanna Coal Export Terminal Producers / GPC)
Australian Competition and Consumer Commission (Canberra)
Coal producers granted interim authorisation for collective negotiations* The Australian Competition and Consumer Commission has granted interim authorisation for the RG Tanna Coal Export Terminal Producers (the applicants) to collectively negotiate with Gladstone Ports Corporation (GPC). The (...)

The Belgian President of the Competition Council rejects a request for interim measures in a case regarding cooperation between prisons and sheltered workshops (Comptoir de Russie)
European Commission (Brussels)
Belgium: No Interim Measures in Case regarding Cooperation between Prisons and Sheltered Workshops* On 5 March 2013, the President of the Competition Council rejected a request for interim measures in a case regarding an agreement fixing the terms of cooperation between prison workshops (...)

The President of the Belgian Competition Authority dismisses a request for interim measures regarding the termination of a contract for services in the penitentiary labour sector (Comptoir de Russie / Régie du Travail Pénitentiaire)
Lexing (Liège)
I. The Parties Comptoir de Russie sprl (hereinafter “National2International” or “N2I”) is a limited liability company offering service contracts to final clients for the execution of low-qualified manual services. Régie du Travail Pénitentiaire (hereinafter “RTP”) is a public entity organizing (...)

The Danish Parliament amends the Competition Act
European Commission (Brussels)
Denmark: Competition Act amended* On 19 December 2012, a revised competition act was adopted. The amendments that come into force on 1 March 2013 are compiled in the Consolidated Act No. 23 of 17 January 2013. The legal framework for sanctioning infringements of the Danish competition act is (...)

The Swedish Competition Authority issues an interim order prohibiting national elite ice hockey league from boycotting players from North America’s national hockey league (Svenska Hockeyligan)
European Commission (Brussels)
Sweden: The Swedish Competition Authority issued an interim order prohibiting Svenska Hockeyligan AB, Sweden’s elite ice hockey league, from boycotting players from North America’s National Hockey League* On 20 September 2012, the Swedish Competition Authority (SCA) issued an interim order (...)

The Hellenic Competition Commission issues an interim measures order prohibiting a collective boycott by a pharmacists association (Infant Milk)
Mikroulea, Staikouras & Associates (Athens)
Introduction On 27 July 2012, the Hellenic Competition Commission (Elliniki Epitropi Antagonismou, hereafter: HCC) issued an interim measures order prohibiting the implementation of a collective boycott relating to infant milk products of certain companies. The boycott was adopted by the (...)

The Hellenic Competition Commission finds a pharmacists association guilty of concerted agreements and grants interim measures (Pharmacists Association of Achaia)
DG CNECT (Brussels)
Introduction On June 22, 2012 the Hellenic Competition Commission found the Pharmacists Association of Achaia, whose members are all the owners of pharmacies in Achaia, (hereinafter: PAA), the Pharmacists Union of Achaia and Islands (hereinafter: PUAI), Panagiota Karousos-Akrivi Asprogeraka (...)

The Argentinian Secretariat of National Commerce holds a leading sports broadcasters contractual conditions anti-competitive under national legislation and awards a cable television provider interim injunctive relief (Telecentro / Fox Sports Latina America)
Bureau Veritas (London)
Complainant Telecentro S.A., a cable television provider, was awarded interim injunctive relief by the Secretariat of National Commerce acting on findings from the national competition authority that Fox Sports Latin America S.A. breached art. 2 of the Ley 25.156 on the protection of (...)

Interim measures and competition law: An overview of EU and national case law
Jones Day (Paris)
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United Kingdom’s Competition Authority - CMA (London)
The literature on the modernisation of EU competition law has paid little attention to interim measures ordered by the European Commission and national competition authorities (NCAs). Yet their asymmetric development under the modernised system has proven to be a fascinating area for the (...)

The Belgian Competition Council imposes interim measures on leading diamond company (De Beers)
Liège University (Liège)
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Linklaters (Brussels)
1. The Parties Spira is a ‘sightholder’(a company purchasing rough diamonds). De Beers is the world leading company in the mining and trading of diamond. De Beers UK Limited - formerly The Diamond Trading Company Limited - and Diamdel NV are part of the De Beers Group. Diamond Trading Company (...)

The UK Competition Authority adopts a provisional decision on retail payment protection insurance remedies (PPI market investigation)
EFTA Surveillance Authority (Brussels)
Background On 29 July 2010, the Competition Commission published its provisional decision regarding its investigation into the payment protection insurance (“PPI”) market and invited comments to be submitted before 3 September 2010. The provisional decision was the latest step in a process (...)

The EU Court of Justice rejects an appeal on interim measures by a company facing financial difficulties (Ziegler)
Court of First Instance of Namur (Namur)
On 30 April 2010 a judgment by the ECJ had dismissed an appeal against the GC’s refusal of an application for interim measures by Ziegler SA. The application for interim measures had been lodged by Ziegler together with its appeal against a European Commission’s decision of 11 March 2008, which (...)

The Croatian Administrative Court upholds the decision of the Competition Authority imposing interim measures following an assessment of the unilateral termination of the motor vehicle distribution agreement (Tomić)
University of Macau - Faculty of Law (Macau)
On 27 January 2010 the Croatian Administrative Court upheld the decision of the Croatian Competition Authority (AZTN) imposing interim measures in the case of unilateral termination of the agreement on selective distribution of BMW automobiles. The applicant, Tomić & Co. d.o.o. (Tomic) was (...)

The French Competition Authority accepts commitments from a technology company and a mobile telecommunications company to waive the distribution exclusivity of mobile phones (Orange / Apple)
Norton Rose Fulbright (Paris)
On 11 January 2010, the French Competition Authority handed down its first decision of 2010, accepting the commitments undertaken by Apple and Orange to waive any distribution exclusivity on current and future iPhones models. Such Commitment Decision, taken pursuant to Article L. 464-2 I of (...)

The Amsterdam Court of First Instance rules on a refusal to appoint motor vehicle dealers to a motor vehicle selective distribution network (KIA)
Van Bael & Bellis (Brussels)
On 3 December 2009, the President of the Amsterdam Court of First Instance (the “President”) accepted an interim proceedings claim brought by four former Kia Nederland BV (“KIA Nederland”) repairers. The repairers claimed that KIA Motors Nederland BV (“KIA Motors”), which replaced KIA Nederland as (...)

The Dutch Court of First Instance of Arnhem holds, in interlocutory proceedings, that a non-compete clause concluded in a franchise agreement, which was not exempted under the vertical agreements and concerted practices Regulation is enforceable (Bruna)
European Commission - DG HR (Brussels)
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European Court of Justice (Luxembourg)
In March 1999, a franchise agreement was concluded for a period of five years between Bruna, the franchisor, and the defendant in this case, the franchisee. After renewal in 2004, this agreement was prolonged until 1 August 2009. The defendant was given the right to use the Bruna system for the (...)

The Italian Competition Authority investigates the sale of television rights in the national football league on suspicion of such rights having been packaged to benefit incumbent pay-TV operators and not viewers (Lega Calcio)
University of Turin (Turin)
Since July 22, 2009 the Italian Competition Authority is investigating the sale of lucrative television rights to soccer matches in the country’s top league, Lega Calcio, because it suspects such rights have been packaged to benefit incumbent pay-TV operators and not viewers (Case n° A/418 of (...)

The Croatian Competition Authority imposes interim measures following an assessment of the unilateral termination of the motor vehicle distribution agreement (Simatic / Tomic)
University of Macau - Faculty of Law (Macau)
Summary The Croatian Competition Authority ordered the exclusive importer of the BMW automobiles into Croatia Tomic & Co. d.o.o. to include its former distributor and repair service provider Simatic d.o.o. in the network of authorized spare parts retailers and repair service providers. (...)

The Paris Court of Appeals confirms the Competition Authority’s interim measures preventing exclusive rights regarding the distribution of smartphones (Orange / Apple / France Télécom)
White & Case (Paris)
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Dalkia Wastenergy (Paris)
In a decision dated 4 February 2009, the Paris Court of Appeals confirmed decision n° 08-MC-01[[ French Competition Council (Conseil de la concurrence), 17 December 2008, Decision n° 08-MC-01, Bouygues Telecom/ Apple-Orange (iPhone). of the French Competition Council concerning practices (...)

The Belgian NCA dismisses an action for interim measures against the granting of a public tender for the provision of self-service bike hire system (Decaux)
Brown Brothers Harriman (BBH) (Luxembourg)
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Arendt & Medernach (Luxembourg)
Facts surrounding the case 1. On 15 March 2008, the Ministers’ Council of the government of Brussels-Capital Region invited tenders for the award of a concession for the setting-up of an automated and publicly accessible bicycle rental system in the Brussels-Capital Region for a nominal fee. (...)

The Croatian Competition Authority imposes interim measures following an assessment of the motor vehicle exclusive distribution agreement (Adria Lada / SPID)
University of Macau - Faculty of Law (Macau)
Summary The Croatian Competition Authority (Agencija za zaštitu tržišnog natjecanja) (AZTN) following a complaint launched by SPID d.o.o. obliged the official distributor of “Lada” automobiles in Croatia ADRIA LADA d.o.o. to publicly announce the criteria it applies for certification of the service (...)

The French Competition Authority orders the suspension of an exclusivity French mobile market (Orange / Apple / France Telecom)
French Competition Authority (Paris)
The Conseil de la concurrence considered that the agreements entered into between Orange and Apple were likely to introduce further rigidity, to increase consumer captivity due to smartphones attraction and, through the implementation of a differentiation strategy, to reduce competition in a (...)

The Bulgarian Parliament adopts an act on the protection of competition
Kinstellar (Sofia)
A new Bulgarian Act on the Protection of Competition (the “New APC”) entered into force on 2 December 2008. The New APC is aimed at the further convergence of the Bulgarian substantive and procedural rules in the field of antitrust, abuse of dominance and merger control with the Community (...)

The French Competition Council rejects a request for interim measures relating to alleged anti-competitive practices between a joint venture a and one of its parent companies on port facilities (AP Moller-Maersk / Port of Le Havre)
Herbert Smith Freehills (Paris)
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Hewlett Packard (Geneva)
Background This case arose out of the "Port 2000" initiative, a project which was initiated in the 1990s with the aim of tripling the capacity of the port at Le Havre by adding new berths and several terminals. Global shipping company AP Moller-Maersk ("APMM") and Perrigault group, a French (...)

The Italian Competition Authority decides not to adopt an interim measure against some batteries smelters investigated for cartel conducts (COBAT)
Bonelli Erede (Rome)
On 24 July 2008, the Italian Competition Authority (the ICA or AGCM) decided not to adopt interim measures against COBAT (the Italian consortium for the collection and recycling of used batteries) and some other battery smelters that had been investigated for breaching Article 2 of Law 287/1990 (...)

The French Competition Authority rejects a complaint and a request for interim measures lodged by an association of telecommunications operators regarding an exclusive agreement for the distribution of TV programs (AFORST / France Telecom / France Televisions)
Juliette Goyer Avocat (Paris)
,
DG COMP (Brussels)
In a decision dated 7 May 2008, the French Competition Council dismissed both the referral and the request for interim measures lodged by the Association for network operators and telecommunication services (“AFORST”) against France Television and France Telecom regarding an exclusive (...)

The Supreme Court of Cyprus holds that the Commission for the Protection of Competition doesn’t have to conduct a preliminary investigation for the issue of interim orders (Hellenic Petroleum)
Ernst & Young (Nicosia)
Factual Background The present recourse follows a decision by the Cyprus Commission for the Protection of Competition by which the applicants were ordered, by way of interim order to supply seamlessly with petrol, the petrol station of Antonakis Loizou (interested party to the present (...)

The Italian Competition Authority imposes the Italian Banks Association to withdraw its guidelines which were capable of restricting competition (Associazione Bancaria Italiana)
Ashurst (Brussels)
,
Legance - Studio Legale Associato (Rome)
,
Banca d’Italia (Italian Central Bank)
Background ABI is a non-profit association to which nearly all Italian banks belong. In August 2006, the Italian Banking Law (Legislative Decree n° 385/1993) was amended by Law n° 248/2006. Art. 10 of Law n° 248/2006, which lays down provisions that banks have to respect when changing (...)

A Dutch Court decides, in an interlocutory proceeding, that the nullity of a price-fixing clause brings along the nullity of the franchise agreement as a whole, including its non-compete clause (Make It Easy)
European Commission - DG HR (Brussels)
,
European Court of Justice (Luxembourg)
Several franchise agreements were concluded between Make It Easy B.V. and Make It Easy Reality B.V. (hereafter the franchisers) on the one hand, and Make it Easy Gelderland V.O.F as well as other undertakings (hereafter the franchisees), on the other. According to these franchise agreements, (...)

The Madrid Commercial Court of Appeal lifts an acquisition bid’s suspension in the gas supply sector on the basis that the agreement does not potentially infringe Art. 81.1 EC (Gas Natural / Iberdrola / Endesa)
European Court of Justice (Luxembourg)
,
Garrigues (Brussels)
The "e-Competitions" bulletin has reported on a number of occasions on the aftermath of the takeover bid announced on 5 September 2005 by Gas Natural, the most important Spanish gas provider, for Endesa, Spain’s biggest utility. The present case is just another step in this complex saga, but an (...)

The Italian Competition Authority imposes the Italian Banks Association to withdraw its interpretative circular relating to the new provisions on the unilateral changes of banking contractual conditions (ABI)
Studio Legale DDPV (Rome)
,
Area (Rome)
On 14 September 2006, the Italian Antitrust Authority (the “Authority”) started an in depth investigation (the “Decision”) to ascertain whether the circular, distributed by the Italian Banks Association (“ABI”) on 7 August 2006, and dealing with the application of new rules on unilateral changes to (...)

The French Competition Authority accepts commitments to modify selective distribution agreements as regards access to the network and advertising on the Internet (Festina)
Accor (Paris)
,
SNCF Voyageurs (Saint-Denis)
The Bijourama Company is specialized in the sale of time pieces, jewellery and silversmith’s pieces exclusively on the internet. Bijourama submitted a referral to the French Competition Council on October 13th, 2005. The company complained about the refusal of Festina France (a subsidiary of the (...)

The UK High Court holds that an unlawful non-compete clause cannot be severed from the exclusive distributorship agreement if such severance would destroy the fundamental nature of the agreement (Courage)
United Kingdom’s Competition Authority - CMA (London)
A. Introduction In its judgment of 1 March 2006 the England and Wales High Court (Commercial Court) ("the High Court") made an important ruling on the severability of a non-competition clause in the context of the termination of an exclusive distributorship agreement. The High Court held that (...)

The Madrid Commercial Court suspends the incumbent gas company’s bid to acquire a competitor on the basis of an alleged anticompetitive agreement contrary to Art. 81.1 EC (Gas Natural / Endesa)
Associated British Foods (Madrid)
,
Freshfields Bruckhaus Deringer (Madrid)
Introduction Gas Natural’s hostile bid for Endesa is Spain’s largest ever takeover, and the bid is growing more hostile by the day. Endesa has filed more than 12 claims or appeals before the Spanish, EU and US courts in an attempt to block the deal. In this context, on 25 November 2005, Endesa (...)

The Court of Amsterdam orders a new entrance to cease actively soliciting the clients of the telecommunication incumbent on the ADSL market under a penalty of €5000 (Wanadoo / KPN)
European Commission - DG HR (Brussels)
KPN, the Dutch historical telecommunication operator, owned an ADSL network through which it provided “fast ip access” to other internet service providers. “Fast ip access” enabled other internet service providers to provide their services to end-users. Wanadoo is an Internet service provider which (...)

The Spanish Supreme Court rejects the appeal against the Competition Authority’s interim measures fining € 3 M price fixing in the framework of “non-genuine” agency agreements (Repsol)
London School of Economics (London)
On 11 July 2001, the Tribunal de Defensa de la Competencia (hereinafter, “the NCA”) adopted a decision (“resolución”) in which it found that Repsol, S.A. (now Repsol YPF, S.A., hereinafter referred to as “Repsol”) acted in breach of Article 1(1) of the Spanish Competition Act. More precisely, the NCA (...)

The French Competition Authority rejects a request for interim measures submitted to address alleged competition concerns in the sector for on-line travel deals (Lastminute.com)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. On-line travel deals - The Conseil de la concurrence rejects a request for interim measures submitted by the company Lastminute.com, but pursues the investigation of the case on the merits.* On 25th June (...)

The French Competition Authority hands down interim measures in the ADSL television sector (France Télécom / TPS)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence hands down interim measures in the ADSL television sector.* In its decision 04-MC-01 of 15th April 2004, the Conseil de la concurrence handed down interim measures against the (...)

The French Competition Authority orders interim measures to address competition concerns in the press distribution sector (NMPP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence announces interim measures concerning NMPP.* In a decision dated 22 December 2003, the Conseil de la concurrence, following a case filed by Messageries Lyonnaises de presse (...)

The Spanish Competition Authority adopts a prohibition against a subsidiary of a formally state-owned oil company undertaking several single branding distribution agreements on the basis that they violated both Art. 81(1) and its national equivalent (Repsol)
London School of Economics (London)
Background Note On 11 July 2001, the Spanish Tribunal de Defensa de la Competencia (the “NCA”) adopted a prohibition decision against Repsol Comercial de Productos Petrolíferos, S.A. (“Repsol CPP”) a subsidiary of the formerly State-owned oil company Repsol. The NCA took the view that several (...)

The EU Commission rejects an application for interim measures lodged by luxury car manufacturer concerning possible abuses of trademark rights (Vickers / Rolls-Royce)
Studio Legale Clarizia (Rome)
"Vickers/Rolls-Royce"* On 6 April 1998, the Commission adopted a Decision rejecting an application for interim measures lodged by Vickers PLC. On the occasion, it pointed out that, at the stage of a prima facie appraisal, the assessment under competiton law of a clause granting the trade mark (...)

The EU Court of First Instance partially confirms the Commission’s decision refusing to grant individual exemptions for exclusive purchasing agreements in the ice cream market (Langnese-Iglo / Schöller Lebensmittel)
Hellenic Competition Authority (Athens)
"Judgments Of The Court Of First Instance Of 8 June 1995 In Case T-7/93, Langnese-Iglo Gmbh V Commission, And Case T-9/93, Schöller Lebensmittel Gmbh & Co Kg V Commission"* On June 8, 1995, the Court of First Instance partially granted the request of two undertakings to annul the (...)

The President of the European Court of First Instance orders interim measures against transport companies concerning the use of the fixed link under the English channel (Eurotunnel / SNCF / BR)
Hellenic Competition Authority (Athens)
"Order of the President of the Court of First Instance of 12 May 1995 in Cases T-79/95R & T-80/95R, Société Nationale Des Chemins de Fer Français (SNCF) & British Railways Board (BR) -v- Commission"* Sector: Competition - Article 85 - Regulation 1017/68 applying rules of competition to (...)

Competition law regime and policy in Italy: An overview
Rucellai & Raffaelli (Milan)
,
Sky (Milan)
I. Italian antitrust law Competition Law in Italy is set out by Law n° 287 of 10 October 1990 (hereinafter also the “Law”), which regulates restrictive practices, abuses of dominant positions and concentrations, in a manner substantially identical to the European regulation. 1. Restrictive (...)

The Belgian Prosecutor refuses a request for preliminary measures in a pharmaceutical “refusal to supply” case (Bofar)
Altius (Brussels)
,
Johnson & Johnson (Brussels)
Decision On 26 March 2008, the Belgian Prosecutor refused a request for preliminary measures made by Bofar NV (‘Bofar’). In December 2007, Bofar had filed a complaint against nine pharmaceutical companies for infringing Articles 81 and 82 EC Treaty and their Belgian equivalents, Articles 2 and 3 (...)

The Madrid Commercial Court of Appeal lifts interim measures having blocked a key merger on the basis of alleged anticompetitive agreement (Gas Natural / Endesa)
Womenat (Brussels)
Background The Gas Natural vs. Endesa battle continues before the Spanish courts. On June 2006, a commercial court in Madrid “provisionally” halted the takeover bid launched by Gas Natural more than 17 months ago. This decision was adopted in the proceedings brought by Endesa to challenge the (...)

The Luxembourg Administrative Court dismisses the appeal of the state of Luxembourg and confirms the annulment of the decisions imposing interim measures against national incumbent telecom operator (P&T)
Grisay – Lawyers and consultants (Brussels)
1. Facts Several telecommunications companies introduced a complaint for abuse of dominant position against “Entreprise des Postes et Télécommunications” (hereafter “P&T”) to the Luxembourg Competition Inspectorate. The latter requested the President of the Luxembourg Competition Council (...)

The Australian Competition Authority grants conditional interim authorisation for medicine manufacturers to coordinate on COVID-19 response Free
Australian Competition and Consumer Commission (Canberra)
Medicine manufacturers to coordinate on COVID-19 response* The ACCC has granted conditional interim authorisation for Medicines Australia (MA), the Generic and Biosimilar Medicines Association (GBMA) and their members to work together to support the continued supply of essential medicines (...)

Dominance

The French Competition Authority rejects the implementation of interim measures but continues to investigate the alleged abuse of a dominant position from a big tech company (Apple) New
University Paris Saclay
On 23 October 2020, several associations representing various players of the online advertising sector filed a complaint before the French Competition Authority, alleging that Apple abused its dominance on the application distribution market for IOS devices by imposing on app developers (...)

The Indian Competition Authority issues an interim behavioral remedy to relist franchise hotel properties on certain platforms before concluding the abuse of dominant position investigation against them (MMT-Go / Treebo / FabHotels)
CUTS Institute of Regulation & Competition (New Delhi)
In a first-of-its-kind order, the Competition Commission of India (“CCI”) has used its power to grant interim relief to applicants in a two-sided digital market. On 9 th March 2021, CCI ordered MMT-Go to relist properties of Treebo and FabHotels on its platform. CCI received information against (...)

The Indian Competition Authority grants interim relief to hotel franchisees in the online travel agents’ market (MMT-GO / Treebo / FabHotels)
Khaitan (New Delhi)
,
Khaitan (New Delhi)
Although India’s competition law has contained an interim measure provision since inception, two things stood about the Competition Commission’s (“Commission”) usage of interim measures – (i) the overall frequency (or lack) of its usage; and (ii) its limited usage in a low shelf-life Bollywood (...)

The Luxembourg Competition Authority’s president rejects a request for interim measures in the context of the COVID-19 health crisis (Bionext / Laboratoire National de Santé) Free
Bonn & Schmitt (Luxembourg)
,
Bonn & Schmitt (Luxembourg)
I. Introduction On 17 December 2020, the President of the Luxembourg Competition Council (hereinafter the “President”) rendered a decision on a request for interim measures requested by the laboratory Bionext S.A. (hereinafter “Bionext”) against the Laboratoire National de Santé (hereinafter (...)

The Brussels Court of Appeal annuls the Competition Authority’s decision rejecting a football club’s request for interim measures (Virton / RBFA)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
In a judgment delivered on 19 November 2020, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés) (the Markets Court) annulled the decision adopted on 29 June 2020 by the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian Competition (...)

The Belgian Competition Authority imposes interim measures requested by a football club following an appeal judgment (Virton / RBFA)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
On 19 November 2020, the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - the BCA) imposed interim measures on the Royal Belgian Football Association (the RBFA) at the (...)

The Paris Court of Appeal confirms Competition Authority’s decision ordering a search engine to negotiate with news agencies and press publishers (Google)
Ashurst (Paris)
On 8 October 2020, the Paris Court of Appeal rejected Google’s challenge to the French Competition Authority’s ("FCA") decision compelling Google to negotiate "neighbouring rights" with news agencies and press publishers. "Neighbouring rights" include the right to receive payment when a (...)

The EU Commission accepts semiconductor company’s commitments to ensure competition in chipset markets for modems and set-top boxes (Broadcom)
DG COMP (Brussels)
Antitrust: Commission accepts commitments by Broadcom to ensure competition in chipset markets for modems and set-top boxes* The European Commission has made commitments offered by Broadcom legally binding under EU antitrust rules. Broadcom will suspend all existing agreements containing (...)

The EU Commission accepts a semiconductor company’s offer to stop exclusivity on chipset market (Broadcom)
Ashurst (Brussels)
,
Ashurst (Brussels)
On 7 October 2020, the European Commission (the "Commission") made legally binding commitments offered by Broadcom to ensure competition in chipset markets for modems and TV set-top boxes. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS Commitments decisions are adopted in lieu of finding an (...)

The EU Commission accepts commitments to ensure competition in systems-on-a-chip markets for modems and set-top boxes (Broadcom)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
On 7 October 2020, the European Commission accepted Broadcom’s commitments to suspend its existing agreements, and to refrain from entering into any new agreements, containing exclusivity or quasi-exclusivity arrangements and/or leveraging provisions concerning Systems-on-a-Chip (“SoCs”) for TV (...)

The Hellenic Competition Authority examines a complaint lodged by a company active in the energy sector against companies active in the mineral sector for abuse of dominance (Mytilineos / Imerys Voxites / Imerys Greece)
Hellenic Competition Authority (Athens)
Press Release: Examination of the complaint of the company MYTILINEOS S. A.* Subject: Examination of the complaint of the company MYTILINEOS S. A. - GROUP OF COMPANIES against the companies IMERYS VOXITES SA and IMERYS GREECE SA for possible violation of articles 2 of law 3959/2011 and 102 of (...)

The German Federal Court of Justice preliminarily confirms that an online platform abused its dominant position on the German market of social networks (Facebook)
Van Bael & Bellis (Brussels)
On 23 June 2020, the German Federal Court of Justice (“FCJ”), in summary proceedings, preliminarily confirmed the finding of the Federal Cartel Office (“FCO”) that Facebook had abused its dominant position. It overturned the decision of the Higher Regional Court of Düsseldorf that had suspended the (...)

The Italian Competition Authority upholds a provisional interim order against abusive practice interfering with a competitive tender procedure (TPL Toscana)
Giannino SI (Monserrato)
Introduction On 23 June the Italian Competition Authority (ICA) has upheld a provision interim order in the context of an Article 102 TFEU investigation in the TPL Toscana case . The ICA was satisfied that there was a prime facie case for an Article 102 TFEU breach that justified the granting (...)

The German Federal Court of Justice overturns the Düsseldorf Court of Appeals’ interim decision and finds an online social media platform to have abused its power in collecting data from different sources (Facebook)
Cleary Gottlieb Steen & Hamilton (Cologne)
,
Cleary Gottlieb Steen & Hamilton (Cologne)
,
Cleary Gottlieb Steen & Hamilton (Cologne)
On June 23, 2020, the Federal Court of Justice (“FCJ”) overturned the Düsseldorf Court of Appeals’ (“DCA”) interim decision and rejected Facebook Inc.’s (“Facebook”) request to suspend the enforceability of the Federal Cartel Office’s (“FCO”) prohibition decision. The FCJ disagreed with the FCO’s (...)

The EU Commission seeks feedback on commitments offered by semiconductor manufacturer concerning TV set-top box and modem chipset markets (Broadcom)
DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Broadcom concerning TV set-top box and modem chipset markets* The European Commission invites comments from interested parties on commitments offered by Broadcom to address competition concerns in relation to Broadcom’s conduct in (...)

The EU Commission seeks feedback on commitments offered by a TV box company in an abuse of dominance investigation involving exclusivity agreements (Broadcom)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
On 27 April 2020, the European Commission (the “Commission”) invited interested parties to submit comments on the commitments offered by Broadcom under Article 9 of Regulation 1/2003 to address competition concerns in relation to certain exclusivity and quasi-exclusivity agreements allegedly (...)

The French Competition Authority imposes interim measures against a research engine suspected to abuse of its dominance by infringing the law relating to neighbouring rights (Google)
French Competition Authority (Paris)
Neighbouring rights: the Autorité has granted requests for urgent interim measures presented by press publishers and the news agency AFP (Agence France Presse)* It requires Google to negotiate with publishers and news agencies the remuneration due to them under the law relating to neighbouring (...)

The French Competition Authority imposes interim measures on a dominant big tech company requiring it to enter into good faith negotiations with publishers and new agencies (Google)
Hausfeld (Brussels)
,
Hausfeld (London)
After the record fine of 1.1 billion euros against Apple, the French Competition Authority continues to show a strong leadership in its fight against “Big Tech” — Google, Apple, Facebook, and Amazon, the “GAFAs,” — by imposing interim measures on Google, requiring it to enter into good faith (...)

The French Competition Authority imposes interim measures on a big tech giant to negotiate in good faith with press publishers and news agencies the remuneration associated to the use of their content based on transparent, objective and non-discriminatory criteria (Google)
Bird & Bird (Paris)
,
Bird & Bird (Paris)
On 9 April 2020, the FCA imposed interim measures on Google, ordering the big tech giant to negotiate in good faith with press publishers and news agencies the remuneration associated to the use of their content based on transparent, objective and non-discriminatory criteria. These interim (...)

The French Competition Authority issues interim measures requiring a big tech company to negotiate in good faith with press publishers the terms and conditions for the re-use of their content (Google / Alliance)
Van Bael & Bellis (Brussels)
On 9 April 2020, the French Competition Authority (the “FCA”) issued Decision n° 20-MC-01 relative à des demandes de mesures conservatoires présentées par le Syndicat des éditeurs de la presse magazine, l’Alliance de la presse d’information générale e.a. et l’Agence France-Presse ordering interim (...)

The Belgian Competition Authority imposes interim measures against a sport’s association because of its anticompetitive rules (Belgian Bumper Pool Association)
Belgian Competition Authority (Brussels)
Interim measure imposed on the Belgian Bumper Pool Association concerning the bumper pool balls that may be played with in competitions and matches* At the request of HCSB BVBA (manufacturer of bumper pool balls), the Competition College of the Belgian Competition Authority (BCA) has imposed (...)

The French Competition Authority rejects a request for interim measures against a dominant telecom company accused of denying access to its fibre-to-the-premises infrastructure (AOTA / Orange)
French Competition Authority (Paris)
Orange activated fibre offer: the Autorité rejects the complaint of AOTA* The Autorité de la concurrence rejects the AOTA’s complaint regarding Orange’s practices for lack of evidence. The Autorité also announces the launching of an exploratory investigation into the business telecoms market. The (...)

The French Competition Authority rules that a Big Tech firm had abused its dominant position in the French market for search advertising through its auction-based advertising system (Google)
Hausfeld (London)
,
Hausfeld (London)
,
Hausfeld (London)
Introduction On 20 December 2019, the French Competition Authority (Autorité de la Concurrence) (the “Authority”) announced its finding that Google had abused its dominant position in the French market for search advertising through the operating rules applied by Google Ads (previously known as (...)

The French Competition Authority fines a research engine company for abuse of dominance in the search advertising market (Google)
French Competition Authority (Paris)
The Autorité de la concurrence hands down a €150M fine for abuse of a dominant position* Google has abused its dominant position in the search advertising market by adopting operating rules of its Google Ads advertising platform which are opaque and difficult to understand and by applying them (...)

The EU Commission imposes interim measures to a technology leader company in the design, development and supply of a range of semiconductor sector (Broadcom)
Bird & Bird (Brussels)
,
Bird & Bird (Brussels)
On 16 October 2019, the European Commission (EC) imposed interim measures on Broadcom. Broadcom is a technology leader in the design, development and supply of a range of semiconductor and infrastructure software solutions, including chipsets for TV set-top boxes and modems. The EC started its (...)

The EU Commission imposes interim measures for the first time in 18 years making the company cease and desist until end of investigation (Broadcom)
Baker Botts (Brussels)
,
Baker Botts (Brussels)
For the first time in 18 years, the European Commission (“Commission”) has imposed interim measures on a company, ordering it to cease and desist certain practices pending the outcome of its antitrust investigation (or for a period of 3 years if the investigation is not concluded earlier). The (...)

The EU Commission imposes interim measures to a chipmaker suspected of having put in place contractual restrictions to exclude its competitors from the market (Broadcom)
Orrick, Herrington & Sutcliffe (Paris)
,
Orrick, Herrington & Sutcliffe (Paris)
On June 26, 2019, the EU Commission opened a formal investigation into U.S. chipmaker Broadcom’s alleged abuse of dominance. In a rather unexpected move, the EU Commission informed the company, on the same day, of its intention to impose interim measures, a long-forgotten tool. Broadcom, which (...)

The EU Commission imposes interim measures on a technology company to prevent it causing serious and irreparable damage to competition by prima facie abusing its dominant position (Broadcom)
Leiden University - Faculty of Governance and Global Affairs
Introduction On 16 October 2019, the European Commission imposed interim measures on Broadcom to prevent it causing serious and irreparable damage to competition by prima facie abusing its dominant position. On 7 October 2020, the Commission accepted commitments offered by Broadcom regarding (...)

The EU Commission imposes interim measures on a major supplier of integrated circuits for communications devices to prevent damage to competition in the TV set-top boxes and modems market (Broadcom)
Ashurst (Brussels)
,
Ashurst (Brussels)
On 16 October 2019, for the first time in 18 years, the European Commission ("Commission") imposed interim measures on Broadcom - a major supplier of integrated circuits for communications devices - in order to prevent "serious and irreparable damage" to competition from occurring in certain (...)

The EU Commission imposes interim measures on a technology company suspected to have abused its dominance in the TV and modem chipset markets (Broadcom)
DG COMP (Brussels)
Antitrust: Commission imposes interim measures on Broadcom in TV and modem chipset markets* The European Commission has ordered Broadcom to stop applying certain provisions contained in agreements with six of its main customers. This will prevent serious and irreparable harm to competition (...)

The EU Commission finds on a prima facie basis, that an undertaking abused its dominant position and orders to cease its prima facie abusive conduct in order to avert the risk of damage to competition (Broadcom)
McDermott Will & Emery (Paris)
,
McDermott Will & Emery (Brussels)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. INTERIM MEASURES IMPOSED ON BROADCOM: THE RE-AWAKENING OF A ONCE-DORMANT TOOL?* The European Commission (EC) has found, on a prima facie basis, that Broadcom (...)

The EU Commission imposes interim measures on a company for abuse of dominance in the TV and modem chipset markets (Broadcom)
Van Bael & Bellis (Brussels)
On 16 October 2019, the European Commission adopted a decision ordering Broadcom to stop applying certain provisions contained in agreements with six of its main customers in the TV and modem chipset markets. According to the Commission’s press release, Broadcom was prima facie found to be (...)

The EU Commission imposes interim measures on a company for abuse of dominance in the TV and modem chipset markets (Broadcom)
Gómez-Acebo & Pombo (Brussels)
,
Gómez-Acebo & Pombo (Brussels)
,
Gómez-Acebo & Pombo (Brussels)
On 16 October 2018, the European Commission announced that, in the framework of its investigation into possible anticompetitive practices by Broadcom, it had imposed interim measures on the American company. This is the first time in 18 years that the Commission uses the power enshrined in (...)

The French Competition Authority rejects the complaint of a petroleum company alleging a refusal to supply services by a competitor (CCIRPP / SRPP)
French Competition Authority (Paris)
Under the terms of this Decision, the Competition Authority rejects the referral of the case against the Coopérative Carburant d’Intérêt Régional Public Privé (CCIRPP) on the grounds of lack of sufficient evidence and, consequently, the request for interim protective measures ancillary to its (...)

The EU Commission seeks interim measures for the first time in 18 years (Broadcom)
Hogan Lovells (London)
,
Hogan Lovells (London)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 26 June 2019, the European Commission announced that it has opened a formal investigation to determine whether US chipmaker, Broadcom, is abusing its allegedly (...)

The EU Commission opens an investigation into semiconductor company for exclusionary conduct and uses interim powers for the first time in two decades (Broadcom)
Callol, Coca & Asociados (Madrid)
The European Commission has announced that it has opened an investigation against Broadcom in connection with various practices such as between Broadcom products and other products. The case follows precedents in the microchips market, particularly echoing the investigation against Intel which (...)

The EU Commission opens an investigation against a designer of integrated circuits for wired communication devices and sends a Statement of Objections seeking to impose interim measures in TV and modem chipsets markets (Broadcom)
DG COMP (Brussels)
The European Commission has opened a formal antitrust investigation to assess whether Broadcom may be restricting competition through exclusivity practices, in breach of EU rules. The Commission intends to impose interim measures during the investigation with regard to TV and modem chipsets (...)

The EU Commission opens a formal investigation to assess whether a producer of integrated circuit abused its dominant position (Broadcom)
Van Bael & Bellis (Brussels)
On 26 June 2019, the European Commission (the “Commission”) announced that it had opened a formal investigation to assess whether integrated circuit (“IC”) provider Broadcom may be abusing its dominant position, in breach of Article 102 Treaty on the Functioning of the European Union. In parallel, (...)

The EU Commission announces it will use its interim measures in investigating a major chipmaker’s abuse of dominance (Broadcom)
Dechert (Brussels)
,
Dechert (Brussels)
,
Dechert (Brussels)
Key Takeaways In a potentially ground-breaking move, the European Commission recently announced its intention to use its powers to impose interim measures in an investigation targeting chipmaker Broadcom. If it does impose such measures, it would be the first use of these powers in 18 years. (...)

The EU Commission opens an investigation and sends statements of objections on interim measures in TV and modem chipsets markets (Broadcom)
Gómez-Acebo & Pombo (Brussels)
,
Gómez-Acebo & Pombo (Brussels)
,
Gómez-Acebo & Pombo (Brussels)
The Commission has opened an investigation into Broadcom’s commercial practices over a number of competition concerns. Broadcom is one of the world’s largest designers, developers and providers of key components of wired communication devices and is a global leader in the markets of (...)

The Belgian Markets Court rejects an appeal lodged by an undertaking against the Belgian Competition Authority’s decision to reject its request for interim measures decision and explains limits of its jurisdiction (The Great Circle)
Van Bael & Bellis (Brussels)
On 8 May 2019, the Markets Court of the Brussels Court of Appeal rejected as inadmissible the appeal lodged by The Great Circle against the decision of the Belgian Competition Authority (“BCA”) to reject its request for interim measures against the Royal Meteorological Institute of Belgium (...)

The Belgian Competition Authority refuses to impose an interim measure on a meteorological institute accused of abuse of dominance in the market of meteorological data (Royal Meteorological Institute)
Belgian Competition Authority (Brussels)
The Competition College of the BCA has refused to impose an interim measure on the Royal Meteorological Institute as requested by The Great Circle* The Competition College of the Belgian Competition Authority (BCA) has refused on 15 February 2019 to impose an interim measure on the Belgian (...)

The French Competition Authority orders interim measures against a search engine company in the online advertising market (Amadeus / Google)
Autorité de la concurrence (Paris)
Online advertising by directory enquiry services* The Autorité de la concurrence has ordered interim measures against Google. Google will need to quickly clarify the rules for its Google Ads online advertising platform that apply to electronic paid information services in order to make them (...)

The French Competition Authority imposes interim measures on a big tech company following a complaint alleging abuse of its dominant position on the online search advertising market (Amadeus / Google)
Bird & Bird (Paris)
,
Bird & Bird (Paris)
On January 31st 2019, the French Competition Authority (“the FCA”) imposed interim measures on Google following a complaint lodged in May 2018 by Amadeus (a company offering directory enquiry services) alleging that Google had abused its dominant position on the online search advertising market (...)

The French Competition Authority orders a search engine company to review and clarify the rules of its online advertising service (Amadeus / Google)
Van Bael & Bellis (Brussels)
On 31 January 2019, the French Competition Authority (the “FCA”) ordered Google to review the rules of its Google Ads service. The FCA’s Order follows a complaint by Amadeus, an operator of online enquiry services – such as “a directory that provides call or text numbers for business/ residential (...)

The Belgian Competition Authority imposes interim measures on a broadcaster in order to ensure the continuity of the FM broadcasts in the execution of its public service mission (Norkring)
Belgian Competition Authority (Brussels)
The Competition College of the BCA imposed an interim measure on Norkring België* On 22 January 2019, the Competition College of the Belgian Competition Authority (BCA) imposed an interim measure on NV Norkring België (Norkring) in order to ensure the continuity of the FM broadcasts of VRT in (...)

The Belgian Competition Authority imposes interim measures on a manufacturer of lids for electricity meter boxes for possible abuse of dominance (ABB)
Belgian Competition Authority (Brussels)
The Competition College of the BCA imposes interim measures on ABB Industrial Solutions regarding lids for electricity meter boxes* On 3 September 2018, the Competition College of the Belgian Competition Authority (BCA) imposed interim measures, at the request of TECO NV, on ABB Industrial (...)

The Egyptian Competition Authority orders interim measures against a football organization which granted exclusive rights in absence of fair, or transparent or non-discriminatory tendering procedures (FIFA)
Egyptian Competition Authority (Cairo)
The ECA orders interim measures against the FIFA to make available on free-to-air terrestrial channels the 2018 World Cup Russia* The ECA has ordered interim measures against FIFA based on prima facie finding of infringements to articles 7 and 8 of the Egyptian competition law as it was (...)

The Belgian Competition Authority fines equestrian competition organizers for lack of implementation of provisional measures (Fédération Equestre Internationale / GCT / GCL)
Belgian Competition Authority (Brussels)
The Competition College of the BCA imposed penalty payments on the FEI, the SPRL Global Champions League and the SPRL Tops Trading Belgium* The Competition College of the BCA has imposed on 13 April 2018 penalty payments on the Fédération Equestre Internationale, the SPRL Global Champions League (...)

The German Federal Court of Justice issues a landmark decision addressing the issue of “Wedding Rebates” demanded by undertakings with relative market power (EDEKA)
University of Kiel
The German Federal Court of Justice (BGH) had to assess the outcome of price negotiations between a powerful German food retailer (Edeka) and some of its suppliers. Edeka had just taken over a no-frills competitor (“Plus”) with more than 2000 outlets and was in the process of rebranding these (...)

The German Supreme Court issues landmark ruling on unfair trading practices (EDEKA)
Jones Day (Frankfurt)
,
Jones Day (Brussels)
,
Jones Day (Frankfurt)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Situation: Market-dominant and powerful companies in Germany are subject to a number of rules that are significantly broader and stricter than the European (...)

The Belgian Competition Authority imposes interim measures in the context of competitions of the global champions tour (GCT)
Belgian Competition Authority (Brussels)
The Competition College of the BCA imposes interim measures in the context of competitions of the Global Champions Tour* The Competition College of the Belgian Competition Authority (BCA) has imposed on 20 December 2017 interim measures on the organisers of the Global Champions Tour (GCT), the (...)

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

The Italian Competition Authority fines a company for abuse of dominance for refusal to licence press release rights (Editorial Initiatives Company)
University of Rome "La Sapienza"
With a decision dated 20 December 2017, the Italian Competition Authority (“ICA”, “Autorità Garante della Concorrenza e del Mercato”, “AGCM”) has sanctioned S.I.E. S.p.A. (“SIE”) for an abuse of dominant position in the press review services sector, in violation of Article 3 of Italian Law no. 287/1990. (...)

The Belgian Competition Authority rejects a request for interim measures on the pharmaceutical market (Medicare-Market group)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority (BCA) has rejected a request for interim measures of the Medicare-Market group* The SA Medicare-Market (hereafter Medicare-Market) filed on 2 June 2016 a complaint against the Order of Pharmacists and requested interim measures on 28 April 2017. The (...)

The French Competition Authority dismisses a complaint accusing the incumbent railway company of abuse of dominance (Transdev)
Autorité de la concurrence (Paris)
The Autorité de la concurrence examines the state of competition in the coach transport sector and dismisses the complaint lodged by TRANSDEV against SNCF* Having been referred to by TRANSDEV GROUP (TRANSDEV) regarding practices implemented by the SNCF group in the intercity coach transport (...)

The Italian Competition Authority grants an interim injunction to allow the carrying out of a competitive tender procedure in the public local transport services sector (Gara TPL Padova)
Giannino SI (Monserrato)
The Italian Competition Authority (ICA) has recently opened an Article 102 TFEU investigation in the case Gara TPL Padova concerning a competitive tender procedure for the selection of a local public transport operator . Later, on the basis of Article 14-bis of the Italian Competition Act no. (...)

The French Competition Authority imposes several interim measures on an energy provider suspected of abuse of dominance (Engie)
Autorité de la concurrence (Paris)
The Autorité de la concurrence issues several urgent interim measures on Engie so that the price of some of its market offers to business customers reflects its costs.* In brief Last October, Direct Enrgie made a referral to the Autorité de la concurrence. In particular it reported that (...)

The Croatian Competition Authority adopts interim measures aiming at ending abusive behaviour implemented by an undertaking in the burial service market (Flora VTC)
Croatian Competition Agency (Zagreb)
Proceeding and interim measure for undertaker Flora VTC* Within the proceeding against the undertaker Flora VTC from Virovitica the CCA will establish whether the undertaking in question has been engaged in abusive behaviour on the basis of the applicable Prices for Funeral Services in the (...)

The Belgian Competition Authority imposes provisional measures in a case involving TV rights for a series of cyclocross competitions (Telenet)
Van Bael & Bellis (Brussels)
On 5 November 2015, the Competition College of the Belgian Competition Authority (“BCA”) imposed provisional measures with regard to TV rights for the Superprestige Cyclocross Competition to address a possible infringement of Article IV.1 and/or IV.2 of the Code of Economic Law (the Belgian (...)

The Hellenic Competition Authority issues a provisional order against an undertaking suspected of abuse of dominance in the markets for the production and trade of electricity (PPC)
Hellenic Competition Authority (Athens)
Adjournment of hearing of interim measures and issuance of provisional order against PPC SA* The Hellenic Competition Commission (HCC) has deferred the hearing of the case concerning ex officio adoption of interim measures against Public Power Corporation S.A. Greece (PPC) until September (...)

The Belgian Competition Authority provisionally suspends an exclusivity clause of the general regulations of an international equestrian federation (FEI)
Belgian Competition Authority (Brussels)
The Competition College of the Belgian Competition Authority imposed on 27 July 2015 on the Fédération Equestre Internationale (FEI) as a provisional measure the partial suspension with regard to the Global Champions League of the Exclusivity Clause in the article 113(4)-(6) of its General (...)

The English High Court awards the claimant in an abuse of dominance case an injunction to prevent a service being discontinued (Packet Media / Telefónica)
Simmons & Simmons (London)
The English High Court has awarded the claimant in an abuse of dominance case an injunction to prevent a service being discontinued - once the claim had been amended over the weekend after an unfinished hearing. In brief Working through the weekend proved worthwhile for Packet Media Limited (...)

The Belgian Competition Authority dismisses a complaint of an independent rough diamond dealer because of the low likelihood of finding an infringement taking into account the international context of the file (De Beers / Spira)
Belgian Competition Authority (Brussels)
The Prosecution body of the Belgian Competition Authority decides to dismiss the complaint of Spira against De Beers* The Prosecution body of the Belgian Competition Authority has decided to dismiss a complaint of Spira against De Beers. This decision is motivated by the priority management of (...)

The French Competition Authority orders interim measures against a gas provider and enjoins it to grant its competitors access to some of the data in its historic file (GDF Suez / Direct Energie)
Autorité de la concurrence (Paris)
The Autorité de la concurrence orders GDF Suez to grant its competitors access to some of the data in its historic file.* This access will enable competitors of GDF Suez to compete with the incumbent operator on an equal footing by enabling them to let customers better know about the (...)

The French Competition Authority orders interim measures against a TV company on the exclusive rights for the broadcasting of Top 14 matches market (Canal Plus / beIN Sports)
Autorité de la concurrence (Paris)
Broadcasting rights for the French Rugby 1st Division Championship* Following a referral by beIN Sports, the Autorité de la concurrence suspends the agreement concluded between the French Rugby national League and Group Canal Plus which awarded the latter exclusive rights for the broadcasting (...)

The Croatian Competition Authority orders interim measures against a car manufacturer for possibly abusing its dominant position (Peugeot Hrvatska / Auto Maksimir)
Croatian Competition Agency (Zagreb)
Press Release published on the official website of the Croatian Competition Agency . Open Proceeding and Interim Measure for Peugeot Hrvatska* In the proceeding initiated against Peugeot Hrvatska the CCA will establish whether the criteria for joining the authorised repairers’ network had (...)

The Belgian Competition Authority orders interim measures against a car manufacturer on the distribution repair and maintenance car market (BMW Belux)
Belgian Competition Authority (Brussels)
Press Release published on the official website of the Belgian Competition Authority . Decision of the Competition College of the Belgian Competition Authority granting interim measures in a case concerning the distribution, repairs and maintenance of BMW and MINI cars* On 11 July the (...)

The Belgian Competition Authority imposes interim measures on a car manufacturer to allow a former concessionaire to continue trading as an independent repairer (BMW Belux)
Simmons & Simmons (Brussels)
,
Euroclear (Brussels)
On 11 July 2014, the Belgian Competition Authority adopted interim measures under the new interim measures procedure for the first time. The measures order BMW to take the necessary steps to allow a former BMW and MINI concessionaire to continue its business as an independent repairer. Under (...)

The UK Court of Appeal refuses interim injunction against the alleged refusal to deal as the claimant failed to identify any market on which the defendant could conceivably be dominant (Chemistree Homecare / Abbvie)
St John’s Chambers (Bristol)
United Kingdom: interim injunctions in competition litigation* Private competition litigation is continuing to develop in the United Kingdom. The courts and the Competition Appeal Tribunal are seeing an increase in the number and complexity of follow-on damages actions, often between foreign (...)

The UK High Court grants interim injunctions to a bank for continuing to provide financial services despite threats of irreparable harm to claimants (Dahabshiil Transfer Services / Barclays Bank)
St John’s Chambers (Bristol)
United Kingdom: interim injunctions in competition litigation* Private competition litigation is continuing to develop in the United Kingdom. The courts and the Competition Appeal Tribunal are seeing an increase in the number and complexity of follow-on damages actions, often between foreign (...)

The Finnish Market Court issues an interim decision in a predatory pricing case concerning the dairy products sector (Valio)
University of Helsinki
The Finnish Market Court has issued an interim decision in a major predatory pricing case. The case concerns a decision and proposal for imposing fines by the Finnish Competition Authority on 20.12.2012. In its decision, the Competition Authority ordered Valio Ltd, a Finnish processed dairy (...)

The French Competition Authority declines to impose emergency measures on the passenger transport sector (Transdev / SNCF)
Autorité de la concurrence (Paris)
The Autorité de la concurrence declines to impose emergency measures against SNCF, but will continue to investigate the merits of TRANSDEV’s complaint*. TRANSDEV filed a complaint with the Autorité de la concurrence against practices implemented in the public transport sector by the SNCF Group (...)

The UK High Court refuses interim injunction against the refusal to grant access to the airport coach terminal even though an arguable case of abuse made out as damages would be an adequate remedy if abuse established at trial (Arriva The Shires / London Luton Airport Operations)
St John’s Chambers (Bristol)
United Kingdom: interim injunctions in competition litigation* Private competition litigation is continuing to develop in the United Kingdom. The courts and the Competition Appeal Tribunal are seeing an increase in the number and complexity of follow-on damages actions, often between foreign (...)

The French Competition Authority fines a pharmaceutical company for disparaging competing generics (Sanofi-Aventis)
Vogel & Vogel (Paris)
The French Competition Authority has handed down a fine of EUR 40 million to the Sanofi-Aventis Laboratory for implementing a practice of driving out competition by disparaging generic versions of its flagship product Plavix® to healthcare professionals in order to favor sales of the original (...)

The Brussels Court of Appeal annuls decisions of the President of the Competition Council requiring leading diamond supplier to continue supplying Belgian diamond trader (De Beers / Spira)
Van Bael & Bellis (Brussels)
On 26 March 2013, the Brussels Court of Appeal annulled three decisions of the President of the Competition Council who had extended the preliminary measures requiring leading diamond supplier De Beers to continue supplying rough diamonds to Belgian diamond trader Spira. The Brussels (...)

The French Competition Authority refuses to issue interim measures regarding alleged practices in the photovoltaic electricity sector (SUN’R / EDF)
Autorité de la concurrence (Paris)
The Autorité de la concurrence will not issue interim measures against EDF but will pursue its investigation on the basis of the complaint lodged by SUN’R*. The Autorité de la concurrence, following a complaint from power station operator SUN’R about certain practices implemented by the EDF group (...)

The Swedish Market Court annuls interim order prohibiting the ice hockey league association from boycotting players from north America’s hockey league (Svenska Hockeyligan)
European Commission (Brussels)
Sweden: The Competition Authority’s Interim Order prohibiting Hockeyligan from boycotting NHL Players annulled by Swedish Market Court* On 18 December 2012, the Swedish Market Court (the Court) has annulled the Swedish Competition Authority’s (SCA) interim order prohibiting the Swedish ice (...)

The French Competition Authority accepts commitments proposed by French media distribution company and puts an end to its investigations in the press distribution sector (Presstalis)
Stephenson Harwood (Paris)
Summary of the case In a decision issued on July 12, 2012, the French Competition Authority (hereafter “the FCA”) accepted the commitments proposed by Presstalis, thereby putting an end to a procedure following complaints for abuse of dominant position, without imposing any fine. The (...)

The President of the Belgian Competition Authority adopts interim measures on a warehouse keeper in port of Antwerp (Port Real Estate)
European Commission (Brussels)
Belgium: Interim Measures in Warehouse Coffee Case in Port of Antwerp* On 22 May 2012, the President of the Competition Council of Belgium ordered Port Real Estate (PRE), a warehouse keeper storing inter alia coffee in Antwerp, to maintain a minimum volume of loading out of Robusta coffee (...)

The UK High Court grants an interim injunction against the use by private hire vehicles of bus lanes marked for taxis: insufficient connection with EU law (Transport for London)
Matrix Chambers (London)
Taxi wars in London – does EU law have a role to play?* On Thursday of last week the High Court granted Transport for London (TfL) an interim injunction relating to the high-profile raising of the stakes in its battle with Addison Lee (AL), the largest “private hire” (ie minicab) operator (PHO) (...)

The French Competition Authority declines to impose emergency measures but will continue to investigate alleged practices in the markets for corporate servers and relational database management systems (RDBMS) (Hewlett-Packard / Oracle)
Autorité de la concurrence (Paris)
The Autorité de la concurrence declines to impose emergency measures against Oracle, but will continue to investigate the merits of Hewlett-Packard’s complaint*. Hewlett-Packard Company and Hewlett-Packard France filed a complaint with the Autorité de la concurrence concerning practices of Oracle (...)

The French Competition Authority rejects the hardware supplier’s request for interim measures (Hewlett-Packard / Oracle)
Van Bael & Bellis (Brussels)
In a decision of 10 January 2012, the French Competition Authority rejected Hewlett-Packard’s request for interim measures against Oracle. This decision follows a complaint lodged by the Hewlett-Packard Company and Hewlett-Packard France (“HP”) alleging that the Oracle Corporation and Oracle (...)

The Belgian College of Competition Prosecutors recommends that interim measures in an abusive refusal to supply case (Dow Agro Science / Desclean)
Court of First Instance of Namur (Namur)
On 28 November 2011, the Belgian College of Competition Prosecutors submitted a reasoned report to the President of the Competition Council recommending that interim measures be taken against Dow Agro Science and Edialux for refusing to supply the chemical product sulfuryl fluoride to (...)

The Brussels Court of Appeal partially reforms interim measures decision of the President of the Belgian Competition Authority in that it limits the duration of the obligation to supply on the diamond market (De Beers / Spira BVBA)
McDermott Will & Emery (Brussels)
I. The Facts The judgment of the Brussels Court of Appeal is one of a long line of decisions and court rulings taken by the European Commission, national competition authorities, the General Court and the Court of Justice concerning De Beers’ decision to alter its distribution system for rough (...)

The Irish High Court refuses to grant injunctive relief to restrain an alleged abuse of dominant position by engaging in predatory pricing
Arthur Cox (Dublin)
This case involves an application for injunctive relief to restrain an alleged breach of Competition Law, namely the abuse of a dominant position under s.5 of the Competition Act 2002 (“the 2002 Act”) by engaging in predatory pricing. Whilst the case started off as a domestic Irish Competition (...)

The Belgian Competition Authority imposes interim measures on the leading producer of rough diamonds (De Beers)
European Commission (Brussels)
Belgium: The Competition Authority imposes Interim Measures on De Beers* In a decision of 25 November 2010, the President of the Competition Council ordered De Beers to supply rough diamonds to Antwerp trader Spira. The decision follows a request for interim measures filed by Spira, awaiting (...)

The French Competition Authority accepts the commitments undertaken by a search engine company as regards possible exclusionary conduct on the market for online advertising (AdWords)
Ashurst (Milan)
French Competition Authority makes Google’s commitments in Navx case binding* On 28 October 2010, the French Autorité de la Concurrence (“FAC”) formally accepted and thereby made binding on Google a set of improved commitments (available only in French) which the FAC considered to properly address (...)

The Swedish Competition Authority orders electrical company, subject to a fine, to connect the street and road lightning network installed by the municipality, to the company’s electricity mains (Ekfors)
Vinge (Stockholm)
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Cosmetics Europe (Brussels)
Introduction In the hope of putting an end to a lengthy dispute whereby the inhabitants of the municipality of Haparanda in the north of Sweden had been regularly deprived of street light during the winter seasons, the Swedish competition authority ordered Ekfors Kraft, subject to a fine, to (...)

The French Competition Authority grants interim measures regarding online advertising system (Google / Navx)
Simmons & Simmons (Paris)
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cxLoyalty Group (London)
In a decision dated 30 June 2010, the French Competition Authority (the "Competition Authority") has considered that Google had implemented the content policy of its AdWords service in a way that lacked objectivity and transparency and resulted in a discriminatory treatment of speed camera (...)

The French Competition Authority imposes interim measures to ensure that a company providing advertising services, implements its content policy in an objective, transparent and non-discriminatory manner (Google / Navx)
Stephenson Harwood (Paris)
Background On June, 30, 2010, following a complaint coupled with a request for interim measures lodged by Navx, the French National Competition Authority (thereafter “NCA”), by way of interim decision, ordered Google Ireland and Google Inc. (hereafter “Google”) to implement in an objective, (...)

The French Competition Authority orders interim measures and assesses commitments to remedy antitrust concerns of abuse of dominance in the online advertising market (Google / Navx)
Jones Day (Paris)
Google offers commitments to get off the radar screen* A case involving Google confirms that the French Competition Authority is keen on using a combination of interim measures and commitment proceedings in order help it quickly resolve maters which it perceives as competition issues. This may (...)

The French Competition Authority issues an interim decision and opens an investigation to ascertain abuse of dominance by refusing to display advertising (Google / Navx)
Ashurst (Milan)
Google under investigation in France for alleged abuse in the online advertising market* On 30 June 2010, the French Competition Authority (“FCA”) issued an interim decision opening an investigation to ascertain whether Google abused its dominant position, as well as Navx’s state of economic (...)

The Düsseldorf Court of Appeals questions the German Competition’s Authority decision imposing the obligation to grant access to essential facilities in the ferry services in interim proceedings (Fährhafen Puttgarden II)
Heinz & Zagrosek (Köln)
The end of access to essential facilities in Germany in practice?* On June 10, 2010, the Düsseldorf Court of Appeals issued a decision that increased the hurdles for obtaining access to essential facilities in Germany in practice (see WuW/DE-R 2941 et seq.). The case concerns interim (...)

The French Competition Authority rejects a claim for interim measures but holds that a pharmaceutical company may be at fault for promoting the differences between its product and competing for generic products whereas such differences have no therapeutic value (Sanofi-Aventis)
Vogel & Vogel (Paris)
Since 1998, the Sanofi-Aventis France laboratory has been marketing an antiplatelet medication, Plavix(r), whose intellectual property protection expired on 15 July 2008 in Europe, with the exception of the rights protecting clopidogrel salt used in Plavix(r) and the clopidogrel-aspirin (...)

The French Competition Authority rejects the request for interim measures to address competition concerns on the terrestrial Hertzian broadcasting of television programs by digital signal (Itas Tim / TDF)
Autorité de la concurrence (Paris)
The Autorité de la concurrence does not declare emergency measures against TDF but continues the investigation on the merits regarding the complaint by Itas Tim.* The company Itas Tim had referred to the Autorité de la concurrence relative to practices implemented by the TDF company in the (...)

The Swedish Market Court upholds the Competition Authority’s interim order imposing an obligation on an electrical company to provide potential customer access to its electricity mains (Ekfors)
Vinge (Stockholm)
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Swedish Competition Authority (Stockholm)
,
Bokwall Rislund (Stockholm)
Background On February 26, 2010, the Market Court delivered one of its judgments in the long running conflict between the municipality of Haparanda (Haparanda) and the energy company Ekfors Kraft AB (Ekfors). The dispute between the parties mainly concern allegations of abuse of a dominant (...)

An Italian Court of Appeal annuls its precedent injunctive relief against the soccer association for illegitimate award procedures of TV rights for live broadcasts of soccer matches (Conto TV / Lega Calcio)
Italian Competition Authority (Rome)
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Luiss Guido Carli University (Rome)
,
Luiss Guido Carli University (Rome)
Introduction CONTO TV S.r.l. (CONTO TV) is a small broadcasting company operating satellite TV in Italy. LEGA CALCIO is the Italian Soccer Association, entrusted by the Italian law with the task of selling soccer matches audio-television rights of its associates, Serie A and B clubs. On July (...)

The Swedish Market Court upholds the Competition Authority’s interim order to prohibit a state-owned airport operator to implement a planned reallocation of the queuing system for taxis at Arlanda airport as the planned system would have amounted to an abuse of a dominant position (Luftfartsverket)
Vinge (Stockholm)
,
Swedish Competition Authority (Stockholm)
,
Bokwall Rislund (Stockholm)
Background Luftfartsverket (“LFV”) is a state-owned company that operates Swedish public airports. In the autumn of 2009, LFV announced that it planned to implement a new queuing system for taxis at Terminals 2 and 5 at Stockholm Arlanda Airport. Subsequent to LFV’s announcement, several smaller (...)

The Italian Civil Tribunal in Milan holds a decision on the private enforcement of Art. 82 EC concerning the cease of purchase of advertising spaces on leading commercial networks (Sky / Mediaset)
University of Turin (Turin)
On September 16, 2009 Sky Italia S.r.l. has filed a lawsuit under the Art. 700 of the Italian Code of Civil Procedure with the Tribunal of Milan against RTI and Publitalia , both owned by the Mediaset Group, for the infringement of (a) the antitrust principles under Art. 82 of the European (...)

The French Competition Authority orders interim measures against an overseas mobile phone operator (SRR)
Autorité de la concurrence (Paris)
The Autorité de la concurrence imposes emergency measures on SRR in order to re-establish competition on Reunion and Mayotte before the holiday season* After a referral firstly by Orange Réunion and Orange Mayotte, and secondly by Outremer Télécom, the Autorité de la concurrence issued a decision (...)

The French Competition Authority imposes interim measures on a telecommunications operator in overseas territory (SRR)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 16 September 2009, the French Competition Authority found that the difference between intra-network and inter-network tariffs charged by mobile operator SRR, a subsidiary of French mobile operator SFR, were prima faciecontrary to Article 82 EC and the equivalent French provision and created (...)

The French Competition Authority rejects request for interim measures in the pharmaceutical sector (Ratiopharm / Janssen-Cilag France)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
In a decision of 31 July 2009, which was made public on 7 September 2009, the French Competition Authority rejected German generic pharmaceutical company Ratiopharm‘s request for interim measures against Janssen-Cilag France (“Janssen”), the maker of Durogesic. The move follows a complaint lodged (...)

The French Competition Authority abandons commitments procedure and adopts interim measures in photovoltaic case (Solaire Direct / EDF Group)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 8 April 2009, the French Competition Authority decided to reject commitments offered by the EDF group («EDF«) – the French electricity incumbent – with respect to the emerging market for photovoltaic electricity (the «photovoltaic market«) and instead to impose interim measures and continue its (...)

The French Competition Authority orders interim measures against an electricity provider on the photovoltaic solar power market (EDF)
Autorité de la concurrence (Paris)
The Autorité de la concurrence orders EDF to modify its business communication in such a way as to separate the part relating to its public service activities from that of its subsidiaries involved in the competitive sector* Referred to by the Solaire Direct company, active in the emerging (...)

The French Competition Authority dismisses application for interim measures against a leading mobile telephony operator in bundling case (Orange)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 2 April 2009, the French Competition Authority dismissed SFR‘s application for interim measures against Orange concerning the latter’s bundled offer of its broadband and «Unik« mobile telephony services. Orange‘s «Unik« package is characterised by the convergence between fixed and mobile telephony: (...)

The Belgian Competition Authority confirms refusal by the Competition Auditor to adopt interim measures following alleged abuse of dominance by 10 pharmaceutical companies concerning pharmaceuticals parallel imports (Bofar)
Sheppard, Mullin, Richter & Hampton (Brussels)
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Adyen (Amsterdam)
,
European Court of Justice (Luxembourg)
Introduction On 2 April 2009, the President of the Belgian Competition Council rejected the appeal by Bofar NV ("Bofar") against the decision of the Competition Auditor, which rejected Bofar’s request for interim measures following an alleged abuse of dominance by 10 pharmaceutical companies. (...)

The Portuguese Competition Authority suspends promotional TV campaign of multimedia operator on the basis of alleged abuse of dominant position (ZON Multimédia)
Sérvulo (Lisbon)
Last January 6th, 2009, the Portuguese Competition Authority (Autoridade da Concorrência - “AdC”) announced that it has ordered the telecoms operator ZON Multimédia to suspend a promotional campaign involving the attribution to its cable TV clients (of ZON/TV Cabo) of a fidelity card conferring the (...)

The Maltese Competition Authority extends interim measures to suspend restrictive practices likely to cause serious, immediate and irreparable prejudice to competition (Melita Cable)
Sciberras & Lia (Valletta)
Following the decision of the Commission for Fair Trading (hereinafter referred to as the ‘Commission’) dated 19 May 2006, and in terms of Article 15(7) of Maltese Competition Act, the Director of the Office for Fair Trading (hereinafter referred to as ‘Director’) and a competitor (Multiplus (...)

The French Competition Authority refuses to impose interim measures to facilitate the roll out of fiber to the home networks in France (Free / France Telecom)
Magenta (Paris)
On July 2nd, 2007, Free filed a complaint against France Telecom before the French Competition Council in order to have access to the incumbent’s ducts to roll out its optical local loops for residential customers. This complaint took place in a context where the main French residential (...)

The Paris Court of Appeal confirms interim measures imposed by the Competition Authority in an abuse of dominance case in the generic pharmaceutical sector (Arrow / Schering-Plough)
Van Bael & Bellis (Brussels)
On 5 February 2008, the Paris Court of Appeal rejected Schering-Plough’s appeal against the French Competition Council’s interim decision of 11 December 2007. In that decision, the Competition Council had ordered Schering-Plough to publish a text in two medical magazines confirming the (...)

The Luxembourg Competition Authority adopts the first conservatory measures against the telecommunications incumbent regarding alleged abusive bundling of fixed-line telephone, mobile telephone and high-speed Internet access (Entreprise des Postes et Télécommunications)
Bonn & Schmitt (Luxembourg)
On 22 January 2008, the President of the Competition Council (Council) handed down an 83-pages decision, for the first time after the law of 17 May 2004 on competition (Law on competition) came into force, imposing a limited number of conservatory measures on the public entity Entreprise des (...)

The Brussels Court of Appeal annuls the Belgian Competition Authority’s interim decision on the telecom incumbent’s bundled tariffs (Tele2)
Oracle (Brussels)
Background information Belgacom used to be the autonomous public-sector company that ruled the government monopoly in telecommunications. This was the case until 1994, when the company changed into a “société anonyme”, and the liberalization of the telecom sector was initiated (which was fully (...)

The French Competition Authority issues a landmark interim decision on competition between princeps and generics (Arrow / Schering-Plough)
Fréget (Paris)
,
Novartis (Basel)
By a decision of 11 December 2007, the Competition Council issued yet another decision concerning the (difficult) competition between princeps and generics at the time when the latter enter a market which becomes accessible upon expiry of the former’s intellectual property rights. Although this (...)

The French Competition Authority orders interim measures particularly to address denigration practices implemented in the pharmaceutical sector (Arrow / Schering-Plough)
Autorité de la concurrence (Paris)
The Conseil de la concurrence orders Schering Plough laboratory to remind doctors and pharmacists the exact bioequivalence of its brand name drug Subutex® with competing generic drugs* Following a complaint by Arrow Génériques company for practices implemented by Schering Plough laboratory, at (...)

The UK High Court of Justice holds "serious and arguable” a request for interim measures based on alleged abuse of dominant position on the VoIP mobile telephone service market (Software Cellular Network / T-Mobile)
Pinsent Masons (London)
This case involved an interim application from Software Cellular Network Limited (trading under the name Truphone (“Truphone”) to the High Court of England and Wales on 11 July 2007. Truphone sought an injunction against T-Mobile (UK) Limited (“T-Mobile”) requiring it to activate Truphone (...)

The UK High Court grants an interim order requiring a dominant telephone operator to engage in conduct which will enable the complainant to launch a new mobile telephony service (Software Cellular Network / T-Mobile)
King’s College (London)
Introduction and Background to the Claim In Software Cellular Network Limited v. T-Mobile (UK) Limited, the High Court, found that the applicant, which trades as Truphone, had made out an arguable case that the respondent, T-Mobile, had violated section 18 of the Competition Act 1998 (modelled (...)

The Turkish Competition Authority takes interim measures against the telecommunications incumbent on alleged predatory pricing on internet broadband access without waiting for the telecommunications regulator’s opinion (TTNet A.S.)
Jones Day (Paris)
,
Gide Loyrette Nouel (Istanbul)
Pursuant to Article 6 of the Law on the Protection of Competition n° 4054 (the “Law”), abuse of dominant position is prohibited. It is forbidden, pursuant to paragraph (a) of Article 6 “to prevent, directly or indirectly, other undertakings in its area of commercial activities or practices which (...)

The French Competition Authority orders interim measures to address practices implemented by the incumbent operator on the terrestrial broadcasting of FM radio stations and analogical and digital TV sector (Towercast / TDF)
Autorité de la concurrence (Paris)
Terrestrial broadcasting of FM radio stations and analogical and digital TV: The Conseil de la concurrence orders TDF to propose to towerCast a new wholesale hosting offer for broadcasting FM from the Eiffel Tower site in order to allow the company to effectively compete with the incumbent (...)

The Cypriot Competition Authority finds the national dairy organisation guilty of abusing its dominant position because of price discriminating among its customers and grants the applicant interim measures (Charalambides Dairies Public Company / Cyprus Dairy Organisations)
Amarla Retail (Athens)
An Overview On June 19, 2007 the Cypriot Commission for the Protection of Competition (hereinafter: the “Commission”) condemned the Cyprus Dairy Organisation (hereinafter: the “CDO”) of having abused its dominant position in the market of production and supply of fresh milk in the form of price (...)

The French Competition Authority orders interim measures aiming at ending the eviction practices of the French incumbent on the market of engineering, consultancy and checking of private telephone installations (Solutel / France Télécom)
Autorité de la concurrence (Paris)
The Conseil de la concurrence orders France Télécom to end its eviction practices on the market of engineering, consultancy and checking of private telephone installations.* Following a referral of November 2006 by the company Solutel, the Conseil de la concurrence has handed down a decision, (...)

The EU Court of First Instance confirms packaging recycling system incumbent’s abuse of dominance (Duales System Deutschland)
European Commission - Secretariat General (Brussels)
,
DG COMP (Brussels)
"The Court of First Instance confirms Duales System Deutschland’s abuse of dominance in the packaging recycling system"* I. Introduction On 24 May 2007 the CFI fully upheld two Commission decisions adopted in 2001 concerning the agreements set up by the German system for the collection and (...)

The French Competition Authority imposes interim measures to address practices implemented by the incumbent operator on the sector of terrestrial analogical broadcasting of TV services (Emettel / TDF)
Autorité de la concurrence (Paris)
Terrestrial analogical broadcasting of TV services: Conseil de la concurrence imposes interim measures against TDF and orders not to prevent TV channels from entrusting to other operators the broadcasting of their programmes from secondary network sites.* Following a referral on December 2006 (...)

The French Competition Council imposes interim measures to the incumbent to safeguard competition on the electricity supply market requesting modification of termination of exclusivity clause (KalibraXE / EDF)
Hewlett Packard (Boulogne-Billancourt)
On 25 April 2007, the French Competition Council ("Conseil de la concurrence") imposed interim measures on Electricité de France ("EDF"), which is historically the national operator, following a referral by KalibraXE. Background KalibraXE was created in August 2005. This new operator does not (...)

The French Competition Authority orders the electricity incumbent to amend early termination clauses in supply contracts (EDF)
Kramer Levin Naftalis & Frankel (Paris)
,
Eversheds Sutherland (Paris)
,
Johnson & Johnson (Issy-les-Moulineaux)
Background and facts Pursuant to Directive 96/92/EC and subsequently Directive 2003/54/EC, all non-household customers (i.e. any natural or legal persons purchasing electricity which is not for their own household use) became eligible customers as of 1st July 2004, meaning that they are free (...)

The Belgian Commercial Court in Liege holds as abusive a refusal to let a team participate in important cycling races (GCA / ASO)
Arendt & Medernach (Luxembourg)
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NautaDutilh (Luxembourg)
Factual background On 23 April 2007 the commercial court of Liège (“Tribunal de commerce”) handed down a decision in a case between the Swedish cycling team Green Cycle Associates (“GCA”) and Amaury Sport Organisation (“ASO”). ASO is a French undertaking that organises several major cycling events, (...)

The French Competition Authority refuses to order interim measures regarding alleged eviction practices implemented in the sector of shipping transport between Corsica and the continent (CMN / SNCM)
Autorité de la concurrence (Paris)
Renewal of public service delegation contract / Corsica-Marseilles: New referral by Corsica Ferries: Conseil de la concurrence does not order interim measures but decides to continue the examination on the merits.* Following a referral by Corsica Ferries against practices implemented by CMN (...)

The UK High Court rules that, although Art. 82 EC does not contain a declaration of nullity equivalent to Art. 81 EC, the effects are the same (English Welsh & Scottish Railway / E.ON)
King’s College (London)
This note considers antitrust private enforcement in the UK; it should be read together with other cases recently heard by the “ordinary” courts (the High Court and Court of Appeal) and two follow-on damages’ claims which have been lodged before the specialist Competition Appeal Tribunal (...)

The UK High Court rules on interim injunction for an alleged unlawful refusal to supply in the pharmaceutical sector (AAH Pharmaceuticals / Pfizer-UniChem)
King’s College (London)
This note considers one of the two cases recently heard by the “ordinary” courts (the High Court and Court of Appeal) (See also A. Jones, The UK Court of Appeal rejects an allegation of unreasonable refusal to supply and unlawful discriminatory pricing (Attheraces/British Horseracing Board), (...)

The Turkish Competition Board fines 5 M euro an abuse of dominant position by applying the “essential facility” doctrine in the energy distribution sector (Enerjisa and Toros / CEAS)
Jones Day (Paris)
By a decision held on February 8th, 2007, the Turkish Competition Board confirmed its legal analysis carried out in a previous decision held in 2003, relating to the behaviour of an operator managing an electricity distribution network. Such behaviour was found to constitute an abuse of (...)

The Belgian Competition Authority rejects a request for interim measures against alleged abuse of dominant position on the beer market (Inbev / Jupiler)
VMMa (Gent)
The Belgian Competition Council has been seized on an alleged abuse of dominante position by Inbev, the biggest brewery of Belgium, owner of the Jupiler brand. In the first trimester of 2006 Inbev decided to introduce new Jupiler glasses. According to the claimants, the Flemish and Walloon (...)

The UK Competition Appeal Tribunal concludes that a statutory water provider abused its dominant position by margin squeezing on the market for transportation and treatment of non-potable water (Albion Water)
DG COMP (Brussels)
Facts Albion Water ("Albion") is a statutory water provider based in Wales, which is licensed to provide non-potable water to an industrial client ("Shatton Paper"). The water in Wales is transported through a water transportation faclity ("Ashgrove System"), which is exclusively owned by (...)

The French Competition Authority adopts interim measures to protect competition in a public tendering in the maritime sector (SNCM, Corsica Ferries, Compagnie Méridionale de Navigation)
Hewlett Packard (Boulogne-Billancourt)
The Conseil de la concurrence recently issued an interim measures decision in which it ordered an injunction against the Société Nationale Maritime Corse Méditerranée (SNCM) on the grounds of Article L. 464-1 of the French Commercial Code. Background The public authorities in Corsica and the (...)

The UK Competition Appeal Tribunal grants interim damages of £2 million in a case of abusive drugs price setting (Healthcare at Home / Genzyme)
Hogan Lovells (London)
Background GenzymeLimited ("Genzyme”) is the manufacturer of Ceredase and Cerezyme, drugs used in the treatment of Gaucher disease. Genzyme also provided home care services to administer its drugs. The home care services were initially subcontracted, firstly to Caremark and then to Healthcare (...)

The French Competition Authority orders interim measures to address anticompetitive practices in the sector of collective nursery (Bouc’choux)
Autorité de la concurrence (Paris)
Sector of collective nursery: The Conseil de la concurrence orders association managing nurseries (Bouches-du-Rhône département) to suspend application of amendment to employees’ work contract to ensure good development of next solicitation for public bidding.* Following a referral on February (...)

The Polish Competition Authority fines a sports newspaper €500 000 for unfair and abusive prices (Marquard Media Polska)
French National Research Agency - ANR (Paris)
On June 12, 2006 the President of the Office of Competition and Consumer Protection (hereafter : OCCP President) rendered his final decision concerning the practices of the publisher Marquard Media Polska Sp. z o. o. (hereafter : Marquard Media). This decision terminates the antimonopoly (...)

The Maltese Competition Authority takes interim measures in order to suspend restrictive practices in the transmission and retransmission of leading sport events sector (Melita Cable)
Sciberras & Lia (Valletta)
In terms of Article 15 of Maltese Competition Act (Chapter 379 of Laws of Malta, hereinafter referred to as ‘MCA’), the Director of the Office for Fair Trading (hereinafter referred to as ‘Director’) requested the Commission for Fair Trading (hereinafter referred to as ‘Commission’) to take interim (...)

The UK Competition Authority issues interim measures direction pending completion of investigation for alleged predatory pricing and exclusionary price discrimination of the London Metal Exchange (LME)
European Commission - Legal Service (Brussels)
The Office of Fair Trading (OFT) has issued an interim measures direction to the London Metal Exchange (LME) under section 35 of the Competition Act 1998. This is the first time that the OFT has employed these powers. The interim measures direction prevents LME from extending the trading hours (...)

The French Competition Authority orders interim measures to address anticompetitive practices implemented in the press distribution sector (NMPP & SAEM-TP)
Autorité de la concurrence (Paris)
Press distribution: The Conseil de la concurrence orders NMPP and SAEM-TP to temporarily suspend the application of a new interprofessional protocol reached with press distributors.* In September 2005, the Conseil de la concurrence received a complaint from the companies “Messageries Lyonnaises (...)

The Polish Competition Authority adopts interim measures to protect competition in the national daily newspaper market for sports news (Marquard Media Poland / KTK Sport / Przeglad Sportowy)
French National Research Agency - ANR (Paris)
The interim measures decision commented here was rendered on January 3, 2006 by the Polish Competition Authority - the President of the Office of Competition and Consumer Protection (hereafter, “OCCP President”) - in order to prevent plausible serious and hard-to-remove threats to competition in (...)

The UK Competition Appeal Tribunal makes an interim judgement in an appeal against a water industry regulator decision on alleged abuse of dominant position (Albion Water)
FTI Consulting (London)
The Competition Appeal Tribunal (“the Tribunal”) has made an interim judgment in an appeal against a decision by Ofwat, the water industry regulator in England and Wales. The judgment examines whether it is appropriate to use a concept known as the Efficient Component Pricing Rule (“ECPR”) to (...)

The UK Competition Appeal Tribunal considers the appropriate tests to apply in an interim decision regarding abuse of dominant position in pricing access to a water distribution channel in the context of the regulated UK water industry (Albion Water)
Pemberton Asset Management Group
The case commenced in 2001 and the instant decision relates to an appeal by an inset water undertaking (i.e. a local retailer of water services), Albion Water Limited (“Albion”) against a decision of the Director General of Water Services (the “Director”). The decision was to the effect that a (...)

The French Competition Authority dismisses a complaint regarding competition concerns on the market of passenger transport to the Isle of Saint Honorat (Cistercian monks of the Isle of Saint Honorat)
Autorité de la concurrence (Paris)
The Conseil de la concurrence rules that the Cistercian monks of the Isle of Saint Honorat did not ignore competition law by restricting passenger transport to and from the island exclusively to a company under their control.* In a decision dated 8th November 2005, the Conseil de la (...)

The Polish Competition Authority adopts interim measures against the telecommunication incumbent for alleged abuse of its dominant position on the market of domestic and international phone calls (Telekomunikacja Polska - TPSA)
French National Research Agency - ANR (Paris)
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Orrick, Herrington & Sutcliffe (Washington)
The interest in this decision stems from the fact that it is concerned with the adoption of interim measures, a remedy recently introduced in Polish law. In August 2005, Netia S.A., an operator alternative to Telekomunikacja Polska S.A., the historic operator in Poland (hereafter, “TP S.A.”), (...)

The Italian Competition Authority launches an investigation in the pharmaceutical sector for generics under Art. 82 EC (Merck-Principi attivi / Imipenem Cilastatina)
Studio Legale DDPV (Rome)
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Studio Legale Merusi Toscano (Rome)
The “Autorità Garante della Concurrenza e del Mercato” - the Italian national competition authority (the “Authority”) - recently started an investigation in the pharmaceutical sector under article 82 of the EC Treaty. The issue is to determine whether Merck is in a dominant position in the market (...)

The Italian Competition Authority adopts an interim measure ordering that a firm, dominant in the market for the production of a certain antibiotic, must grant a license for the production of a key ingredient of the antibiotic (Merck / Carbapenem)
Court of Justice of the European Union
Merck manufactures, and holds the patent of, a key active ingredient necessary for the production of an antibiotic (carbapenem) used in the treatment of particular types of infection. Merck’s patent rights have expired in most European countries and outside the EU (except the US) but, due to the (...)

The Spanish Telecommunications Authority closes proceedings for interim relief considering that Teléfonica’s commercial strategy for the launch of its pay-TV services is not a tying practice within the meaning of Art. 82 EC (Servicio Imagenio)
London School of Economics (London)
Telefónica de España, S.A.U. (hereinafter, “TESAU”) is a 100% owned subsidiary of Grupo Telefónica, the Spanish incumbent in the telecommunications sector. Under the commercial name “Línea Imagenio”, TESAU provides broadband Internet access and pay-TV services, including video-on-demand as well as (...)

The French Competition Authority rejects a request for interim measures regarding practices in the sector for advertising displays on the rail network and in the sector for passengers transport between Paris and London (Eurostar / SNCF / France Rail Publicité)
Autorité de la concurrence (Paris)
Complaint by British Airways against Eurostar, the SNCF and France Rail Publicité. The Conseil de la concurrence rejects the request for interim measures filed by British Airways.* On 18th November 2004, the Conseil de la concurrence received a complaint from British Airways, regarding an (...)

The Italian Competition Authority finds pharmaceutical companies guilty of abuse of dominant position and imposes a drug production license (Merck / Glaxo)
Studio Legale DDPV (Rome)
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Studio Legale Merusi Toscano (Rome)
The Italian national competition authority (“INCA”) recently opened an in-depth investigation in the pharmaceutical sector, for breach of art. 82 of the EC Treaty. This is the first time that the INCA imposes interim measures according to art. 5 of Council Regulation n° 1/2003, of 16 December (...)

The Italian Competition Authority imposes for the first time interim measures on the basis of Art. 82 EC (Merck / Carbapenem)
Freshfields Bruckhaus Deringer (Rome)
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Freshfields Bruckhaus Deringer (Rome)
The Italian competition authority (“Authority”) recently issued an interim decision against Merck & Co Inc (“Merck”) obliging it to license the manufacture of antibiotic Imipenem Cilastatina, the active ingredient in the manufacture of Carbapenemens. This decision is very interesting from an (...)

The EU Court of First Instance rejects US software company’s request for interim measures (Microsoft)
DG COMP (Brussels)
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DG COMP (Brussels)
,
DG COMP (Brussels)
"The Court of First Instance rejects Microsoft’s request for interim measures concerning the Commission’s decision of 24 March 2004"* 1. The decision On March 24 2004, the Commission adopted a decision in Case COMP/C-3/37.792 — Microsoft — by which it concluded that Microsoft had abused its (...)

The French Competition Authority orders interim measures regarding alleged abuses of dominant position in the mobile or fixed telephony sector and anticompetitive practices in the French overseas départements (Orange Caraïbe)
Autorité de la concurrence (Paris)
Mobile telephony in Martinique, Guadeloupe and Guyana - The Conseil de la concurrence hands down interim measures against Orange Caraïbe.* On 9th July 2004, the Conseil de la concurrence received a complaint from the mobile telephony operator Bouygues Télécom Caraïbe. The complainant claimed that (...)

The French Competition Authority dismisses a complaint regarding alleged anticompetitive practices in the sectors for internet music downloads and digital walkmans (Apple)
Autorité de la concurrence (Paris)
Internet music downloads - The Conseil dismisses VirginMega’s complaint against Apple, due to insufficient evidence in view of the case elements available.* On 28th June 2004, the Conseil de la concurrence received a complaint from the company VirginMega regarding practices by the company Apple (...)

The Greek Competition Commission refuses to adopt interim measures against a refusal to access to a motor vehicle distribution network, the insolvency of the distributor being considered as a valid commercial justification, which is not sanctioned by EC Reg. n° 1400/2002 (Auto Service/Technocar)
University College London
The company Auto Service, member of the Technocar’s motor vehicle distributor network has been informed in 2003 by Technocar that it would not be included in the distribution network, which was re-organized accordingly to the principles of the new Commission Regulation (EC) n° 1400/2002, of 31 (...)

The French Competition Authority fines the telecommunication incumbent for having broken the injunction issued against it as part of interim measures (France Télécom)
Autorité de la concurrence (Paris)
ADSL Broadband Internet Access : the Conseil de la concurrence fines France Télécom 20 millions Euros.* Following a referral by the company 9 Télécom, the Conseil de la concurrence has fined France Télécom for breaching the injunction issued against it as part of interim measures handed down on 18th (...)

The French Competition Authority rejects a request for interim measures on the pay-TV market (Télé / TPS)
Autorité de la concurrence (Paris)
The Conseil de la concurrence rejects the request for interim measures filed by the news channel I>Télé and the Canal Plus Group, but continues its full inquiry into the case on the merits.* In July 2003, the Conseil de la concurrence received a complaint from the company I>Télé and the Canal Plus (...)

The French Competition Authority orders interim measures to address competition concerns in the public radio broadcasting sector (TDF)
Autorité de la concurrence (Paris)
The Conseil de la concurrence observes the end of TDF’s monopoly on broadcasting programmes for Radio France and imposes interim measures.* In a decision dated 1st December 2003, the Conseil de la concurrence imposed interim measures against TDF. The measures were intended to ensure that the (...)

The French Competition Authority ends ban on ADSL packs provided by telecom incumbent (Wanadoo eXtense)
Autorité de la concurrence (Paris)
High-speed ADSL Internet access : the Conseil de la concurrence lifts the suspension on sales of Wanadoo "eXtense" packs in France Télécom outlets* In a decision dated 19th July 2002, the Conseil lifted the suspension of sales of Wanadoo "eXtense" packs in France Télécom outlets. This decision (...)

The French Competition Authority grants interim measures in the TV sector (Télédiffusion de France)
Autorité de la concurrence (Paris)
The Conseil de la concurrence hands down interim measures against Télédiffusion de France (TDF)* With regard to the introduction of digital terrestrial television (DTT), following a referral by the company Antalis, on 11th April 2002 the Conseil de la concurrence handed down interim measures (...)

The French Competition Authority grants interim measures in the ADSL line sector (France Télécom)
Autorité de la concurrence (Paris)
High-speed Internet access via ADSL : the Conseil de la concurrence orders France Télécom to suspend sales of eXtense packs in its outlets* Following a referral by the company T-Online, an Internet service provider operating under the brand name Club Internet, the Conseil de la concurrence (...)

The French Competition Authority grants interim measures in the local communication market (Télé 2 / Cégétel)
Autorité de la concurrence (Paris)
Opening of the market for local communications : the Conseil de la concurrence hands down interim measures against France Télécom* Following referrals by the companies Cégétel and Télé 2, in a decision dated 19th December 2001, the Conseil de la concurrence handed down interim measures against (...)

The French Competition Authority decides not to pursue proceedings against French TV for alleged failure to adhere to injunctions (Canal plus)
Autorité de la concurrence (Paris)
Adherence to injunction : non-suit in Canal Plus case* Following a dual referral by the Minister of Economy and the companies Multivision and TPS concerning Canal Plus’ failure to adhere to injunctions issued against it by the Paris Court of Appeal on 15th June 1999, the Conseil de la (...)

The EU Commission imposes interim measures on the world leader in data collection on pharmaceutical sales and prescriptions considering that its refusal to grant license constitutes an abuse of dominance (IMS Health)
White & Case (Brussels)
This article analyses the three major recent cases dealing with the boundary between EC competition law and intellectual property rights: the Commission’s interim measures decision in the IMS case, the European Court of Justice’s later judgment in IMS and, finally, the Commission’s decision in the (...)

The EU Commission exceptionally orders the licensing of a copyright to safeguard competition in the German pharmaceutical sales reports market (IMS Health)
British Embassy to the DRC (Kinshasa)
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DG COMP (Brussels)
"Commission exceptionally orders the licensing of a copyright to safeguard competition in the German pharmaceutical sales reports market"* 1. Introduction On 3 July 2001 the Commission adopted an interim measures Decision finding that IMS Health, a US company selling pharmaceutical sales (...)

The French Competition Authority grants interim measures on the pay-TV market (Multivision and TPS)
Autorité de la concurrence (Paris)
Referral and request for interim measures filed by the companies Multivision and TPS, concerning certain practices implemented by the companies Canal Plus and Kiosque* On 9th January 2001, the companies Multivision et TPS submitted a referral to the Conseil de la concurrence, accompanied by a (...)

The French Competition Authority opens an inquiry in the telephony sector and imposes interim measures (France Télécom)
Autorité de la concurrence (Paris)
The Conseil de la concurrence launches an inquiry concerning the France Télécom’s “Ligne France” tariff offer, and issues interim measures* In a decision dated 5th December 2000, following a referral by the Autorité de régulation des télécommunications (Telecommunications Regulation Authority), the (...)

The French Competition Authority rejects a request for interim measures on the movie theater market (UGCC)
Autorité de la concurrence (Paris)
Request for interim measures submitted by four film theatre operators* In a decision dated 25th July 2000, the Conseil de la concurrence examined the request for interim measures submitted by four film theatre operators : Cinevog, les Cinq Parnassiens, Studio du Dragon and MK2, concerning the (...)

The French Competition Authority accepts a request for interim measures on the ADSL market (9 Telecom)
Autorité de la concurrence (Paris)
Request for interim measures filed by the company 9 Telecom, concerning access for telecommunications operators to the market for high-speed Internet access services using ADSL technology* In a decision dated 18th February 2000, the Conseil de la concurrence ruled on the request for interim (...)

Mergers

The Slovak Parliament adopts the Act on Protection of Competition which contains rules on merger control Free
Čechová & Partners (Bratislava)
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Čechová & Partners (Bratislava)
The new Slovak Competition Act will come into force on 1 June 2021. While the primary purpose of adoption of the new legislation is the transposition of Directive 2019/1 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper (...)

The UK Competition Authority provisionally blocks a merger between equity crowdfunding platforms leading them abandoning the transaction (Crowdcube / Seedrs)
United Kingdom’s Competition Authority - CMA (London)
Crowdcube and Seedrs abandon merger during CMA investigation* Crowdcube and Seedrs have abandoned their proposed tie-up after the CMA provisionally blocked the deal. The Competition and Markets Authority (CMA) therefore intends to cancel its investigation into the potential competition (...)

The French Government announces that the COVID-19 interim rules on foreign investment control will be extended Free
Skadden, Arps, Slate, Meagher & Flom (Paris)
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Skadden, Arps, Slate, Meagher & Flom (Paris)
On December 18, 2020, French Minister for the Economy (MoE) Bruno Lemaire announced that the COVID-19 interim rules on foreign investment control (interim rules) — which were issued on July 23, 2020, and were set to expire December 31, 2020 — will be extended to December 31, 2021. The interim (...)

The UK Competition Appeal Tribunal dismisses a social media company’s appeal against an order of the Competition Authority preventing a merger (Facebook / Giphy)
Van Bael & Bellis (Brussels)
On 13 November 2020, the UK’s Competition Appeal Tribunal (“CAT”) dismissed Facebook’s appeal against an order by the UK’s Competition and Markets Authority (“CMA”) preventing Facebook from integrating with Giphy, a company it had acquired while the CMA conducted its investigation into the (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s suspension of the merger between a social media company and online graphics database company pending ongoing investigation (Facebook / Giphy)
United Kingdom’s Competition Authority - CMA (London)
CMA welcomes Tribunal judgment in Facebook and Giphy case* The CMA welcomes today’s Competition Appeal Tribunal judgment which dismissed all of Facebook’s grounds of appeal. The Competition and Markets Authority (CMA) is currently investigating Facebook’s purchase of Giphy, which completed on 15 (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s decision to prevent the acquisition of an online graphics database by a social media company (Facebook / Giphy)
Ashurst (London)
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Ashurst (London)
In a unanimous judgment, the Competition Appeal Tribunal ("CAT") dismissed Facebook’s application challenging the CMA’s refusal to grant certain derogations from an initial enforcement order ("IEO") imposed in connection with Facebook’s completed acquisition of GIPHY, Inc. WHAT YOU NEED TO KNOW - (...)

The EFTA Surveillance Authority renews decision requiring disclosure of net short positions of 0.1% and above during the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
ESA renews decision requiring disclosure of net short positions of 0.1% and above* The EFTA Surveillance Authority (ESA) has renewed its decision to temporarily require holders of net short positions in shares traded on a regulated market of the EEA EFTA States to notify the relevant national (...)

The US FTC requires global suppliers of animal health products to divest assets in 3 product markets as a condition for merger clearance (Elanco / Bayer)
US Federal Trade Commission (FTC) (Washington)
FTC Requires Global Suppliers of Animal Health Products Elanco Animal Health, Inc. and Bayer Animal Health GmbH to Divest Assets in Three Product Markets, as a Condition of Merger* The Federal Trade Commission will require global suppliers of animal products, Elanco Animal Health, Inc. and (...)

The UK Competition Authority publishes guidance on its approach to merger control during the COVID-19 pandemic Free
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
The Competition and Markets Authority (CMA) has published guidance on its approach to merger control during the COVID-19 pandemic. The guidance deals with procedural issues as well as substantive assessment, and makes it clear that on the whole the CMA’s approach remains one of ‘business as (...)

The UK Competition Authority warns that it will not relax its substantive or evidentiary standards for merger investigations during the COVID-19 pandemic Free
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
New guidance from the UK Competition and Markets Authority warns that it will not relax its substantive or evidentiary standards for merger investigations during the coronavirus (COVID-19) pandemic. Statutory deadlines will not be altered, although aspects of investigations may be subject to (...)

The UK Competition Authority publishes its guidance on merger assessments during COVID-19 pandemic Free
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
On 22 April 2020, the UK Competition and Market Authority (“CMA”) published its guidance on ‘Merger assessments during the Coronavirus (COVID-19) pandemic’ (“the guidance”). Prior to the publication of the guidance, there was some speculation about whether the CMA would be more willing to accept (...)

The Belgian Competition Authority imposes interim measures suspending a joint venture for sharing the mobile radio access networks (Telenet / Orange Belgium / Proximus)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
On 22 November 2019, the Belgian companies Orange Belgium, SA/NV and Proximus, SA/NV concluded an agreement to create a joint venture for the sharing of the mobile radio access networks. However, the Telenet Group, SA/NV and Telenet, SPRL/BVBA ( jointly, ‘Telenet’) requested a deeper inquiry (...)

The Belgian Competition Authority imposes an interim measure suspending the implementation of a shareholder’s agreement and the radio access network sharing agreement in the telecommunications market (Telenet / Orange Belgium / Proximus)
Belgian Competition Authority (Brussels)
Interim measure imposed on Orange and Proximus in respect of the joint venture for the sharing of the mobile radio access networks* The Competition College of the Belgian Competition Authority (BCA) has at the request of Telenet Group NV and Telenet BVBA (Telenet) imposed on 8 January 2020 an (...)

The Belgian Competition Authority imposes an interim measure to temporarily suspend the joint venture between two of the three main telecom companies in the national market (Telenet / Orange Belgium / Proximus)
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
On 8 January, the Belgian Competition Authority ("BCA") imposed an interim measure to temporarily suspend the joint venture ("JV") between Orange and Proximus, two of the three main telecom players in the Belgian market. The cooperation between Orange and Proximus relates to the sharing of (...)

The Canadian Commissioner of Competition files an application with the Competition Tribunal challenging the acquisition by an undertaking of a primary grain elevator (P&H / Virden Elevator / Louis Dreyfus)
Davies Ward Phillips & Vineberg (Toronto)
HE KNOWS WHEN YOU’VE BEEN NAUGHTY: CANADA’S COMPETITION COMMISSIONER DELIVERS LUMPS OF COAL TO MERGING PARTIES* In his own version of the pre-holiday rush, the Canadian Commissioner of Competition challenged one merger transaction just before the Christmas holidays and entered into a consent (...)

The UK Competition Authority imposes its largest fine for a single breach of an interim enforcement order in a merger (Paypal / iZettle)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 24 September 2019 the UK Competition and Markets Authority (CMA) imposed its largest ever fine for a single breach of an interim enforcement order (IEO) on Paypal, in the context of its acquisition of iZettle. IEOs are now routinely imposed in almost all completed mergers investigated by (...)

The Turkish Competition Authority accepts the transitory nature of joint control status despite a relatively long transition period in the transports market (Kerry Logistics / Asav)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary concerns an analysis of the Board’s Kerry Logistics/Asav HoldCo decision, where the Board, by taking into consideration the parties’ intention with regards to the acquisition of sole control, evaluated whether or not to tolerate an interim joint control period that would exceed (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s first infringement decision for breach of an interim order in a merger investigation (Electro Rent)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
On 11 February 2019 the Competition Appeal Tribunal (CAT) upheld the CMA’s first infringement decision for breach of an interim order imposed on a completed merger under investigation. Electro Rent had served a break notice on the lease of its UK premises without first seeking the CMA’s consent (...)

The Egyptian Competition Authority imposes interim measures on the two ride-hailing applications available in Egypt to preserve the competitive structure of the market (Uber / Careem)
Egyptian Competition Authority (Cairo)
Egyptian Competition Authority (ECA) imposes Measures on Uber and Careem to regulate competition between them and safeguard the competitive structure of the market.
* Dr. Amir Nabil, Chairman of the Egyptian Competition Authority, said: “Uber and Careem are the only ride-hailing applications (...)

The UK Competition Authority fines a company for breach of an interim order during a Merger review (Electro Rent)
Van Bael & Bellis (Brussels)
On 11 June 2018, the CMA fined Electro Rent £100,000 for breaching an Interim Order imposed in relation to Electro Rent’s acquisition of Microlease. According to the CMA, Electro Rent had failed to obtain the CMA’s consent prior to serving a notice of termination on the lease of its only premises (...)

The Belgian Competition Authority rejects an application for interim measures concerning a merger in the brewery market (Alken-Maes / AB InBev / Bosteels)
Belgian Competition Authority (Brussels)
The Competition College of the BCA has rejected the application for interim measures of Alken-Maes versus AB InBev regarding the acquisition of Bosteels* The Competition College of the Belgian Competition Authority has rejected on 21 November 2016 the application for interim measures of (...)

The Belgian Competition Authority rejects a request to suspend an acquisition that was not subject to prior notification in the brewery sector (Alken-Maes / Boatels / AB InBev)
Van Bael & Bellis (Brussels)
On 21 November 2016, the Competition College of the Belgian Competition Authority (“BCA”) rejected a request of Brouwerijen Alken-Maes (“Alken-Maes”) to suspend the acquisition of Brouwerij Bosteels (“Bosteels”) by Anheuser-Busch InBev NV (“AB InBev”). AB InBev’s takeover of Bosteels was not subject (...)

The UK Competiton and Markets Authority exercises its powers to impose interim enforcement Orders with flexibility (Marston Holdings / Collectica)
St John’s Chambers (Bristol)
United Kingdom: Merger Control Interim Enforcement Orders* Two unusual features of the United Kingdom’s merger control regime are that notification is voluntary and there is no ‘suspension’ obligation. This means that mergers can be – and routinely are – completed without notification to and/or (...)

The Higher Regional Court Düsseldorf halts a Federal Cartel Office decision to unwind a 17 year old joint venture pending the outcome of an appeal against the decision (Chemie-Vertrieb)
Simmons & Simmons (Dusseldorf)
,
Simmons & Simmons (Dusseldorf)
A German appeal court has halted a Federal Cartel Office (FCO) decision to unwind a 17 year old joint venture until the outcome of an appeal against the decision is known. In its interim decision, the court took the opportunity to: set out the requirements under German law for the FCO to find (...)

The EU Court of Justice rejects an electricity supplier’s request to suspend the deadline to decide whether to sell off power plant project (EDF)
Van Bael & Bellis (Brussels)
On 7 March 2013, the European Court of Justice (“ECJ”) rejected the application for interim measures by Électricité de France (“EDF”), which had sought to postpone its obligation to decide whether to sell or invest in a particular power plant project, as required by previous merger commitments. (...)

The Chinese MOFCOM passes provisional rule on failure to notify concentrations
King & Wood Mallesons (Beijing)
MOFCOM Passed Provisional Rule on Failure to Notify on Concentration* On December 7, the Provisional Measures on Investigating and Penalizing Violation of Notification Obligations for Concentrations between Business Operators (Provisional Measures) were reviewed and discussed at the No. 57th (...)

The Chinese Ministry of Commerce issues interim measures providing clarifications on key procedural issues of the national security systems and a security review notifications
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Institute of American Studies (Beijing)
The MOFCOM published the Interim Measures on Relevant Matters Concerning the Implementation of Security Review of Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (商务部实施外国投资者并购境内企业安全审查 制度有关事项的暂行规定) (the Interim Measures) on 4 March 2011. The Interim Measures were promulgated to (...)

The EU General Court refuses to order interim measures in a case involving the air transportation sector and addresses issues on the implementation of a concentration and the powers of the Commission under the EU Merger Regulation 139/2004 (Ryanair / Aer Lingus)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
The Aer Lingus Judgment – When non-implementation is implementation, or not* On 6 July 2010, the General Court rejected Ryanair’s appeal against the Commission’s 2007 prohibition of its hostile take-over of rival Irish airline Aer Lingus. On the same day, the Court also issued a much shorter (...)

The Turkish Council of State orders by unanimity stay of execution of Turkish NCA’s clearance regarding acquisition of “Tekel Birası” brand by the dominant company in Turkish beer market (Mey İçki/Anadolu Efes Biracılık)
Hewlett Packard (Istanbul)
Background In its decision of 25 August 2009, the Turkish NCA authorized the acquisition of “Tekel Birası” brand of MEY İçki by Anadolu Efes Biracılık (Efes), the dominant company in Turkish beer market. “Tekel Birası” is the first national beer brand created by TEKEL, the state-owned enterprise which (...)

The Turkish Council of State orders stay of execution of Competition Board’s remedies inherent to its conditional clearance decision in daily political newspapers market (Vatan Newspaper / Dogan Group)
Hewlett Packard (Istanbul)
Background On 10 March 2008, the Turkish Competition Board has conditionally cleared the acquisition of Vatan Newspaper (Vatan) by Doðan Gazetecilik A.Þ. (Doðan Group) - the biggest media holding both in terms of audience and advertisement revenues- , by accepting the “failing company defense”. (...)

The Chinese MOFCOM publishes set of guidelines and regulations on merger review providing guidance on what counsels need to know about the China’s Anti-Monopoly Law
White & Case (Beijing)
,
Mattel (Hong Kong)
China’s Anti-Monopoly Law (AML), which went into effect on 1 August 2008, establishes China as one of the world’s most important merger review authorities, along with the U.S. and EC. The Anti-Monopoly bureau (AMB) of China’s Ministry of Commerce (MOFCOM) recently shed light on how it will (...)

The Chinese MOFCOM Anti-Monopoly Bureau publishes sets of guidelines and regulations providing further detail on implementation of the Anti-Monopoly Law
White & Case (Beijing)
,
Mattel (Hong Kong)
The Anti-Monopoly Bureau (“AMB”) of China’s Ministry of Commerce (“MOFCOM”) recently published seven sets of guidelines and regulations that provide further detail on implementation of the Anti-Monopoly Law (“AML”), which went into effect August 1, 2008. As described below, the guidance clarifies the (...)

The US Court of Appeals for the District of Columbia Circuitoverturns a district court’s denial of FTC’s request for a preliminary injunction against an acquisition in the organic food sector (Whole Foods / Wild Oats)
WilmerHale (Washington)
,
WilmerHale (Washington)
,
Kirkland & Ellis (Washington)
The Federal Trade Commission (FTC) won a major victory last week when a splintered D.C. Circuit overturned the district court’s denial of its request for a preliminary injunction against the acquisition of Wild Oats by Whole Foods. The decision provides the FTC a much-needed win in a prominent (...)

The Brussels Court of Appeal grants a stay of execution of a Competition Council decision to withdraw merger remedies (Kinepolis)
KBC Bank & Verzekering (Brussels)
Background information In 1997, the Kinepolis Group was set up in a merger between Groep Bert and Groep Claeys to be active both as cinema operator and to a lesser extent as film distributor. Through the merger the Kinepolis Group would become the dominant player in cinema in Belgium facing (...)

The Portuguese Competition Authority clears a merger between a pharmacist and a wholesale and retail pharmacy group (Alliance Santé Europe / Farmindústria / JMP II / Unichem)
Morais Leitão, Galvão Teles, Soares da Silva (Porto)
,
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
I. Introduction On December 23, 2005, the Portuguese Competition Authority (PCA) was notified of a concentration under which Alliance Santé Europe, S.A. (Alliance Santé), Farmindústria – Investimentos, Participações e Gestão, S.A. (Farmindústria) and José de Mello Participações II, SGPS, SA (JMP) (...)

The Finnish Supreme Administrative Court rules that conditions on merger clearance must be implemented notwithstanding an appeal (Fortum Power-Heat / E.ON Finland Oy)
Roschier (Helsinki)
,
Frontia (Helsinki)
The Finnish Market Court is awaited to hand down its decision regarding the appeal lodged by Fortum Power and Heat Oy (hereinafter “Fortum”), a subsidiary of Fortum Oyj, against the conditions imposed by the Finnish Competition Authority (hereinafter the “FCA”) on the clearance of the acquisition (...)

The UK Competition Appeal Tribunal considers the reasonableness of a decision appointing a hold separate manager to perform functions in a merger according to section 81 of the Enterprise Act 2002
University College London
Facts of the case The first applicant Stericycle International LLC, a company incorporated in the US, operates in the UK through its wholly-owned subsidiary, the second applicant, Stericycle International Limited, a holding company for three further companies (collectively "Stericycle UK"). (...)

The Spanish competition authorities conditionally clear a major merger in the energy sector raising substantial EC and national procedural issues (Gas Natural / Endesa)
European Court of Justice (Luxembourg)
,
Garrigues (Brussels)
On 12 September 2005, GAS NATURAL (“GN”), the incumbent natural gas utility in Spain, notified the Spanish competition authorities of its takeover bid for the entire share of ENDESA, Spain’s main electricity utility . The merger would therefore bring together the nation’s largest natural gas (...)

The President of the EU Court of First Instance rejects a request for interim measures concerning a proposed concentration in the TV broadcasting sector (Sogecable)
DG GROW (Brussels)
"Mergers : Summary of the most important recent developments"* On 12.07.1996 the Judge President of the Court of First Instance (CFI) decided to reject the request from Sogecable for interim measures by declaring the appeal irreceivable. Sogecable had brought action against the Commission (...)

State Aid

The EFTA Surveillance Authority approves temporary Norwegian rules on asset depreciation due to the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
COVID-19 Pandemic: ESA approves temporary Norwegian rules on asset depreciation* The EFTA Surveillance Authority (ESA) has today approved a measure by the Norwegian government to stimulate liquidity for businesses by allowing an increased initial depreciation rate for investments in assets (...)

The EU Court of Justice dismisses an appeal by the beneficiary of an aid concluding that the preferential electricity tariff constituted incompatible State aid (Mytilinaios)
College of Europe (Bruges)
A PREFERENTIAL ELECTRICITY TARIFF SELECTIVE, CONFERS AND ADVANTAGE AND DISTORTS COMPETITION* Introduction On 11 December 2019, in case C‑332/18 P, Mytilinaios Anonymos Etairia — Omilos Epicheiriseon v European Commission, the Court of Justice probably wrote the last chapter in a long-running (...)

The EU Court of Justice puts an end to proceedings concerning a measure of support for the development of digital television in a region of Spain (Cellnex)
Arendt & Medernach (Luxembourg)
By judgment on April 26, 2018, the Court of Justice put an end to proceedings concerning a measure of support for the development of digital television in a region of Spain with a low level of urbanisation. As a result of this judgment, the development in question cannot be considered a SGEI (...)

The EU General Court reverses the suspension of the recovery order addressed to Spain in relation to a State aid granted to an energy company (Iberdrola)
Gómez-Acebo & Pombo (Brussels)
,
Gómez-Acebo & Pombo (Brussels)
,
Gómez-Acebo & Pombo (Brussels)
On 15 October 2014, the Commission found that Spanish tax breaks for indirect shareholding in foreign companies breached EU State Aid rules. The measures were in force since 2001 and, in practical terms, allowed companies subject to tax in Spain to purchase shareholding of at least 5% in (...)

The EU General Court confirms the Commission’s decision ruling that the Province of Burgenland had granted State aid that was not compatible with the common market (Land Burgenland)
Trummer & Thomas (Vienna)
,
Trummer & Thomas (Vienna)
,
Borealis (Vienna)
I. Introduction On 28 February 2012 the General Court confirmed the European Commission’s (“Commission”) decision of 30 April 2008 and ruled that the Province of Burgenland had granted State aid to Grazer Wechselseitige Versicherung AG (“GRAWE”) which was not compatible with the common market. (...)

The EU Commission issues guidance on State aid enforcement by national courts
Van Bael & Bellis (Brussels)
On 25 February 2009, the Commission adopted a new Notice on the enforcement of State aid law by national courts. The aim of the Notice is to assist national courts in applying the EC State aid rules and also give guidance to potential claimants in relation to State aid challenges at national (...)

The Brussels Court of Appeal rejects State aid pleas in the context of a bank rescue plan (Fortis)
Sheppard, Mullin, Richter & Hampton (Brussels)
,
European Court of Justice (Luxembourg)
1. Introduction In order to tackle the financial turmoil of last September, the Belgian State acquired in two steps Fortis Bank. Firstly, on 28 September 2008, the Belgian State (via the “SFPI”, the “Federal Participation and Investment Company”, together with the Luxembourg and the Dutch States (...)

The Stockholm County Administrative Court rules on alleged illegal State aid from the City of Stockholm to promote local broadband infrastructure (Thomas Svensson)
Djungo (Stockholm)
,
Hudson Advisors (London)
Introduction There are no specific rules with regard to state aid in Sweden and the number of cases brought before a Swedish court are few. This, of course, causes a certain amount of unpredictability and uncertainty as regards the application of the EC state aid rules in the national legal (...)

The Dutch Court of Appeal allows a municipality to continue its investment in a local telecommunications network, despite the EU Commission having commenced an Art 88.2 EC procedure (UPC Nederland)
Adyen (Amsterdam)
Factual Background In April 2004, the Municipality of Amsterdam informed the European Commission of its intention to roll-out a telecommunications network in Amsterdam. For that purpose, a new legal entity was incorporated by the Municipality of Amsterdam. The project was subsequently notified (...)

The Finnish Supreme Administrative Court prohibits the enforcement of a national measure aimed at subsidizing a construction project by an undertaking majority-owned by the national authority granting the aid until the Commission takes its final decision on the matter (Dalbo Affärsfastigheter)
Dittmar & Indrenius (Helsinki)
Factual Background The applicant is a company operating within the construction, sale and leasing of business premises in the province of Åland. It contested the decision of the Province Government of Åland, by which the government granted a provincial guarantee of 2,587,500 euros for the (...)

The German Higher Administrative Court of Berlin-Brandenburg supports the German government’s attempt to make recovery of unlawful State aid more effective (Kvaerner Warnow Werft)
McDermott Will & Emery (Dusseldorf)
Background The Member States of the European Union are required to recover unlawful (i.e. non notified) State aid following a negative decision by the European Commission (“Commission”), declaring an aid incompatible with the common market. Under German law, the Verwaltungsakt (administrative (...)

Procedures

The Indian High Court of Gujarat grants a stay on the Competition Authority’s interim order to re-list the properties of two hotel companies on several online hotel booking portals (MMT-Go / Treebo / FabHotels)
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (Mumbai)
The CCI issued an interim order under Section 33 of the Competition Act directing MakeMy Trip India Pvt. Ltd. (MMT) and Ibibo Group Private Limited (Go-Ibibo) (together MMT-Go) to re-list properties of FabHotels and Treebo on their online hotel booking portals. This order was passed in the (...)

The UK Court of Appeal confirms that collective proceedings’ funding arrangements are not damages-based agreements (DAF Trucks)
Ashurst (London)
,
Ashurst (London)
On 5 March 2021, the Court of Appeal upheld a decision of the Competition Appeal Tribunal ("CAT") that the funding arrangements in place in two collective proceedings arising from the Trucks cartel are not damages-based agreements ("DBAs"). What you need to know - key takeaways The decision (...)

The UK Court of Appeal dismisses a request for appeal as the Tribunal’s funding judgment does not fall within the ambit of section 49(1A) of the Competition Act (DAF Trucks)
Hausfeld (London)
,
Hausfeld (London)
Following a rolled-up hearing comprising a panel of three judges sitting as both the Court of Appeal and the Divisional Court, a judgment earlier this month has provided helpful clarity on two important aspects relating to the collective proceedings regime: (i) the extent to which litigation (...)

The EU General Court’s President suspends RFIs requiring the production of documents containing sensitive personal data until specific virtual data room procedure is set up (Facebook)
Van Bael & Bellis (Brussels)
On 29 October 2020, the President of the General Court (“GC”) issued two orders suspending the operation of requests for information (“RFIs”) issued to Facebook Ireland Ltd (“Facebook”) by the European Commission (“Commission”) concerning documents that are not related to Face- book’s commercial (...)

The President of the EU General Court issues two orders for interim measures on personal data gathered in EU antitrust probes against social media platform (Facebook)
Clifford Chance (Milano)
,
Clifford Chance (Brussels)
In the context of ongoing antitrust investigations into Facebook Inc.’s (‘Facebook’) data-related practices (AT.40628) and Facebook marketplace (AT.40684), on 13 March 2020 the European Commission (‘Commission’) issued two formal requests for information (‘RFIs’), requiring the company to produce a (...)

The EU Court of Justice clarifies the extent of whether a document containing sensitive personal information requested as part of an RFI is relevant for an investigation by ordering interim measures in a Court order (Facebook)
Deloitte (Brussels)
Just How Far Could We and Should We Stretch the Facebook V Commission Court Order?* The Court order of 29 October 2020 struck by the President of the General Court in a dispute between Facebook and the European Commission is probably the first time in a while where the essence of a case (...)

The German Competition Authority announces modifications to the German Competition Act due to COVID-19 are coming into force Free
German Competition Authority (Bonn)
Modifications to German Competition Act (GWB) due to COVID-19 come into force* Due to the current COVID-19 pandemic modifications to the German Competition Act (GWB), which will come into force on Friday 29 May 2020, have been announced today in the German Federal Law Gazette. The (...)

The French Competition Authority announces reinstatement of certain statutory limits as first measures of the gradual lifting of the state of health emergency in France due to COVID-19 Free
Autorité de la concurrence (Paris)
Gradual lifting of the state of health emergency in France: re-instating statutory time limits* The time limits applying to various procedures have been suspended since 12 March 2020, the date on which the health emergency period started in France. Order No. 2020-560 of 13 May 2020 setting out (...)

The Higher Regional Court of Düsseldorf suspends an order of the German Competition Authority on an alleged abuse of dominance in the social networks (Facebook)
Baker Botts (London)
,
Baker Botts (Washington)
,
Baker Botts (Brussels)
On 26 August 2019, a German appeal court suspended an order of the German competition authority (the “FCO”) which had found that Facebook’s data processing practices in Germany constituted an abuse of dominance in breach of German antitrust rules (the “decision”). Expressing serious doubts as to the (...)

The Higher Regional Court of Düsseldorf orders suspensive effect of an appeal against FCO decision concerning a social network company (Facebook)
Van Bael & Bellis (Brussels)
On 26 August 2019, the Higher Regional Court of Düsseldorf (the “Court”) granted Facebook’s request for an injunction against the immediate application of measures imposed by the German Federal Cartel Office (the “FCO”) arising from the FCO’s finding in February 2019 that Facebook abused its dominant (...)

The Higher Regional Court of Düsseldorf suspends the effect of the Competition Authority’s decision after receiving a complaint questioning the finding of an abuse of dominance in the social network market (Facebook)
Bird & Bird (Dusseldorf)
On 26 August 2019, the Higher Regional Court of Düsseldorf (“Court”) suspended the effect of the Facebook decision of the German Federal Cartel Office (“FCO”) after a complaint by Facebook questioning in particular the FCO’s finding of an abuse of a dominant market position by Facebook. Facebook had (...)

The Higher Regional Court of Düsseldorf suspends the decision of the German Competition Authority which prevented data gathering practices from a social network company (Facebook)
Ashurst (Frankfurt)
,
Ashurst (London)
On 26 August 2019, the Higher Regional Court in Düsseldorf suspended the German Federal Cartel Office’s (’FCO’ or Bundeskartellamt) decision to prevent Facebook from combining user data from various sources such as Facebook, Instagram, WhatsApp and unrelated sites that use Facebook analytics and (...)

The Higher Regional Court of Düsseldorf grants a social network company the suspensive effect to an appeal in an interim decision (Facebook)
Cleary Gottlieb Steen & Hamilton (Brussels)
,
Cleary Gottlieb Steen & Hamilton (Frankfurt)
,
White & Case (Dusseldorf)
In February of this year the German antitrust agency, the Federal Cartel Office, issued a decision against Facebook regarding their handling of user data. Facebook appealed and on August 26, 2019, the Düsseldorf Court of Appeal in an interim decision granted suspensive effect to Facebook’s (...)

The Dutch government adopts the Streamlining Act Market Regulation
Nysingh (Zwolle)
This article provides a concise overview of the most important legislative changes in Dutch competition law after the entry into force of the Streamlining Act as of 1 August 2014 . Substantive changes include an increase of the turnover thresholds for mandatory merger review. Also, the Dutch (...)

The Cypriot House of Representatives approves amendment to the protection of competition law
European Commission (Brussels)
Cyprus: Amendments to Protection of Competition Law enter into Force* On 28 March 2014, the Protection of Competition (Amendment) Law 2014 (Law no. 41(I)/2014), entered into force, having being approved by the House of Representatives and published in the Official Gazette of the Republic. (...)

The Canadian Competition Tribunal suspends the registration of the consent agreement between the Commissioner of Competition and a number of e-books publishers until the determination of the application to rescind or amend this agreement (Kobo)
Cassels Brock (Toronto)
Kobo Obtains Stay of Ebooks Settlement* The ebooks settlement reached between the Competition Bureau and four major ebook publishers has been stayed pending the determination of a challenge brought by ebook retailer Kobo Inc. to the settlement. Kobo argues that its contracts with the four (...)

The Competition and Markets Authority (CMA) publishes new guidlines regarding its antitrust investigation regime
Jones Day (London)
,
Sidley Austin (London)
The UK’s New Civil Antitrust Investigations Regime* From April 1, a new regime for civil antitrust investigations applies in the UK with the entry into effect of the new Competition and Markets Authority (“CMA”) (see Antitrust Alert). The CMA has recently published guidance on how this new regime (...)

The UK High Court opts for targeted disclosure in private stand-alone claim against web search engine provider (Foundem / Google)
Manchester University (Manchester)
Background On 30 November 2010, the EU Commission (the “Commission”) announced that it had opened an investigation into allegations that Google has abused its dominant position, contrary to Article 102 TFEU, following multiple complaints. On 21 May 2012, the Commission published its preliminary (...)

The Danish Parliament adopts a law introducing criminal sanctions with imprisonment for serious cartel infringements
Danish Competition and Consumer Authority (Copenhagen)
Introduction of imprisonment in cartel cases in the Danish Competition Act* On 1st March 2013, a new Danish Competition Act (Consolidated Act No. 23 of 17 January 2013) came into force. It amended the legal framework for sanctions as follows: Imprisonment for up to 18 months for (...)

The EU General Court grants interim measures to a company fined by the Commission raising the issue whether late payment interest should be suspended (Garantovana)
CDC Cartel Damage Claims (Brussels)
To better understand the purpose of this article, a distinction is made between the following parameters : Commission Decision adopted on 22 July 2009 (the "Decision"), order of the President of the General Court on the request for interim measures (the "order") & the subsequent judgment of (...)

The EU General Court issues a provisional order suspending the EU Commission’s decision to communicate to the High Court of England a copy of a customer’s reply to the statement of objections in the gas insulates switchgear cartel (National Grid)
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Paris)
RELEASE OF CONFIDENTIAL CARTEL INFORMATION BY EUROPEAN COMMISSION TO ENGLISH HIGH COURT SUSPENDED* On 29 November 2012, the EU General Court (GC) issued a provisional order suspending the European Commission’s decision to communicate to the High Court of England and Wales a copy of Alstom’s (...)

The EU General Court prevents EU Commission from sharing confidential information with English court in follow-on damages action (National Grid)
Court of First Instance of Namur (Namur)
On 29 November 2012, the President of the General Court, Judge Marc Jaeger, handed down an interim order suspending the Commission’s decision to share with an English court, currently reviewing a damage claim, confidential information that the Commission had received in the course of its (...)

The President of The Hague District Court holds that the Dutch Competition Authority cannot engage in "fishing expeditions"
Court of First Instance of Namur (Namur)
On 5 October 2012, President of The Hague District Court ruled in interim proceedings that the Dutch Competition Authority (“NMa”) cannot order third parties to provide information incriminating undertakings against which the NMa has insufficient information to initiate competition law (...)

The President of the Belgian Competition Council declares a request for preliminary measures against abusive storage conditions, admissible and founded (Armajaro / Port Real)
Lexing (Liège)
,
Baker McKenzie (Brussels)
I. The Parties Armajaro Trading Limited (hereinafter “Armajaro”) is active in agricultural products trading (such as coffee, cacao and sugar). Amajaro’s activities include the trading of Liffe Certified Robusta Coffee on the NYSE Liffe Exchange in London (hereinafter “NYSE Liffe Exchange”). Port (...)

The Canadian Competition Tribunal refuses to grant damages to company deliberately and flagrantly breaching interim order in a refusal to deal case in the chicken industry (Nadeau / Wetsco)
Cassels Brock (Toronto)
Injunction chickens come home to roost* The Competition Tribunal has the power to order an inquiry into damages arising from an interim order granted by the Tribunal, but can refuse to order damages where special circumstances exist. Deliberate and flagrant breach of the interim order will (...)

The Argentinean Federal Court of Appeals rules that the antitrust agency fails to have capacity to grant injunctive relief (Moda)
De Dios & Goyena (Buenos Aires)
The Argentine Government has yet to appoint the Tribunal for Defense of Competition (TDC) as set forth by the Law 25.156 for the Defense of Competition (LDC). Article 58 of the LDC provides that the cases under investigation, and those others brought until the organization of the TDC, shall be (...)

The Luxembourg Parliament enacts the 2011 Competition Act
NautaDutilh (Luxembourg)
1. On 30 June 2011, the Luxembourg Parliament (chambre des députés) has adopted a new Competition Act (loi relative à la concurrence). It is not excluded that it will have to pass a second vote round in Parliament but this is considered to be a formality. It will enter into force four months (...)

The French Competition Authority imposes a duty to respect competition law in the multi-brand gift cards sector (Accentiv’Kadéos)
EDHEC (Nice)
Summary ACCENTIV’KADEOS had to accept to give up exclusive dealing agreements with its affiliated partners to comply with competition law. Facts On March 2, 2010, TITRES CADEAUX asked the French Competition authority to take interim measures against ACCENTIV’KADEOS to prevent them from dealing (...)

The Chinese State Administration for Industry and Commerce (SAIC) submits to the Legislative Affairs Office of the State Council a revised draft piece of legislation to respond to the changing economy
AnJie Law (Beijing)
Revised Unfair Competition Law responds to changing economy* Introduction The Unfair Competition Law, which was enacted in 1993, has been described as the constitution of the market economy. However, China’s rapid social and economic development has given rise to new forms of unfair (...)

The College of Prosecutors of the Belgian Competition Council decides that consumers are competent to ask for interim measures but rejects their request (Telenet)
European Commission (Brussels)
Belgium: The Telenet Case: Consumers and Interim Measures In its decision of 27 September 2010, the competition prosecutor has decided that consumers are competent to ask for interim measures when they are the victim of restrictive practices. The request for interim measures against Telenet (...)

The EU General Court rejects application for interim measures by a company facing financial difficulties (Reagens)
Court of First Instance of Namur (Namur)
On 11 and 12 May 2010, the General Court (“GC”) published two orders rejecting applications for interim measures by companies which had requested that fines imposed by Commission decisions in cartel cases be suspended pending the outcome of their appeals against those decisions. Both companies (...)

The EU General Court rejects application for interim measures by a company facing financial difficulties (Almamet)
Court of First Instance of Namur (Namur)
On 11 and 12 May 2010, the General Court (“GC”) published two orders rejecting applications for interim measures by companies which had requested that fines imposed by Commission decisions in cartel cases be suspended pending the outcome of their appeals against those decisions. Both companies (...)

The French Commercial Supreme Court quashes the Court of Appeal decision in the iPhone case without any practical effect (Orange / Apple / France Télécom)
Vogel & Vogel (Paris)
The Court of Cassation has quashed and annulled the decision by which the Paris Court of Appeal upheld the order for interim measures - which are very unusual - leading to the suspension of Orange’s exclusive deal to market the iPhone . According to the Court of Appeal, exclusive agreements (...)

The President of a French Commercial Court rules on the competence of the local court hearing applications for interim relief on matters involving competition law (Siac, Renault)
Vogel & Vogel (Paris)
The interim order handed down by the President of the Albi Commercial Court on 28 October 2009 is of interest insofar as it has, for the first time in France, ruled on the issue of the competence of the local court hearing applications for interim relief to rule on matters involving competition (...)

The European Court of First Instance dismisses an application for interim measures (Intel)
Court of First Instance of Namur (Namur)
On 27 January 2009, the President of the Court of First Instance (CFI) dismissed an application by Intel Corp for interim measures in its appeal against two European Commission decisions. The decisions relate to Article 82 EC proceedings regarding Intel’s alleged conduct in excluding its rival (...)

The French Supreme Court confirms interim publication measures imposed on a pharmaceutical company (Schering-Plough)
Court of First Instance of Namur (Namur)
On 13 January 2009, the French Supreme Court rejected Schering-Plough‘s appeal against the judgment of the Paris Court of Appeal of 5 February 2008 upholding in its entirety a French Competition Council interim decision of 11 December 2007. In that decision, the Competition Council had ordered (...)

The Belgian Prosecutor refuses to prohibit grant of a public tender for public bicycle rental system (ClearChannel Belgium/JC Decaux Belgium sa and Région de Bruxelles-Capitale)
Altius (Brussels)
,
Johnson & Johnson (Brussels)
In Spring 2008, the government of the Brussels-Capital Region (Région de Bruxelles-Capitale/ Brussels Hoofdstedelijk Gewest) issued an invitation to tender for the creation and implementation of an automatic bicycle-hire system for public use in the Brussels region. Three tenders were submitted (...)

A Dutch Court refuses to suspend in interim proceedings an "in house" concession for public bus transport in Rotterdam (Connexxion / Stadsregio Rotterdam)
Arendt & Medernach (Luxembourg)
,
NautaDutilh (Luxembourg)
Facts of the case 1. On 31 October 2007, the City-Region (Stadsregio ) of Rotterdam, regrouping several local authorities in the Rotterdam region, has suspended an EU-wide public tender procedure. It did so in order to anticipate a forthcoming amendment of the Dutch regulatory framework for (...)

The Bulgarian Parliament passes a new law on the Protection of Competition
Dish Network (Denver)
1. On December 2, 2008 the new Bulgarian Law on the Protection of Competition (“LPC”) came into effect. Shortly after Bulgaria joined the EU in 2007, it became clear that the patchwork additions that have been made over the years to the existing 1998 Law on the Protection of Competition (“1998 (...)

The French Competition Council adopts procedural notice on commitments
Court of First Instance of Namur (Namur)
On 3 April 2008, following a public consultation launched in February 2008, the French Competition Council published a new procedural notice on commitment proceedings. The final text of the procedural notice largely confirms the main points of the draft version disclosed last February. The few (...)

The President of European Court of First Instance dismisses request for interim measures by a low-cost airline (Aer Lingus)
Van Bael & Bellis (Brussels)
In an order of 18 March 2008, the President of the European Court of First Instance (CFI) dismissed a request for interim measures brought by Aer Lingus in its appeal against a European Commission decision finding that it had no power to require Ryanair to divest its minority stake in Aer (...)

The Luxembourg Competition Council adopts the first periodic penalty payments following interim measures (Entreprise des Postes et Télécommunications)
Bonn & Schmitt (Luxembourg)
I Background On 22 January 2008, the President of the Competition Council (the “Council”) handed down, for the first time since the law of 17 May 2004 on competition ("Law on competition") came into force, a decision imposing a limited number of interim measures on the public entity Entreprise (...)

The Italian NCA has been entrusted with new interim measures powers : First applications (Com., 14 Dec. 2006)
Court of Justice of the European Union
1. Introduction This note deals with three separate, although related, issues. The first part describes in some detail the new power to adopt interim measures that has recently been granted to the Italian NCA. The second part examines and assesses the first two cases where the Italian NCA has (...)

The Italian Government issues legislation giving, inter alia, power to the Antitrust Authority to impose interim measures (Bersani Decree)
Gattai, Minoli, Agostinelli, Partners (Roma)
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Gattai, Minoli, Agostinelli, Partners (Roma)
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Herbert Smith Freehills (Milan)
The new legislation Last July, the Italian Government issued legislation (Law Decree of 4 July 2006, named the Bersani Decree after its promoter) which, inter alia, gave the Italian Antitrust Authority (IAA) the power to impose interim measures. In particular, the Bersani Decree amended the (...)

The UK Competition Appeal Tribunal awards interim damages in an abuse of dominant position case on the drugs market (Healthcare at Home / Genzyme)
Sanoma (Helsinki)
Introduction On 15 November 2006, the UK Competition Appeal Tribunal (CAT) awarded an interim payment of £ 2 millions to Healthcare at Home Limited (HH) in respect of its damages claim against Genzyme Limited (Genzyme) for infringement of the Chapter II prohibition (abuse of a dominant (...)

The Belgian government adopts 9 decrees implementing the new Law on the Protection of Economic Competition (Law, 31 Oct. 2006)
Sheppard, Mullin, Richter & Hampton (Brussels)
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French Competition Authority (Paris)
On 31 October 2006, the Belgian Minister of Economy has adopted nine decrees implementing the new Law on the Protection of Economic Competition. They entered retroactively into force on 1st October 2006, at the same date as the Law itself. These royal decrees cover essentially procedural (...)

The UK Competition Appeal Tribunal criticises an interim measures direction issued by the OFT (London Metal Exchange)
Kings Chambers (Leeds)
This case concerned costs, primarily, but provides detailed judicial comment on what the OFT is expected to do before issuing an interim measures decision (IMD) under section 35 of the Competition Act 1998 (Act). The case revolved around the first IMD issued by the OFT under the Act. It was (...)

The Belgian Competition Council dismisses request for interim measures against alleged margin squeeze from the telco incumbent on the market for telephone services provided at a fixed location for residential customers (Tele2 / Belgacom)
Leuven University
Relevant Facts Since January 2003 Tele2 (a Belgian subsidiary of the Swedish Tele2 AB) is active as a telecom operator on the Belgian fixed voice calls market. Tele2 however only owns a backbone network and consequently needs to use the local loop of Belgacom (the incumbent operator) in order (...)

The Italian Government issues a law decree aiming at the complete liberalisation of markets and a system of effective competition (Bersani’s Decree Law)
Gattai, Minoli, Agostinelli, Partners (Roma)
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Gattai, Minoli, Agostinelli, Partners (Roma)
The Italian Government issued Law Decree 4 July 2006, known as Bersani’s Decree from the name of its promoter, inspired by the EC rules which favour fair and transparent access to markets, the removal of the regulatory barriers and the granting of power to the Commission to enforce competition (...)

The Italian Government adopts a decree granting new powers to the NCA and removing certain restrictions to competition in the liberal professions (Bersani’s Decree Law)
Court of Justice of the European Union
The Italian government has adopted, on 30th June 2006, a decree containing urgent measures aimed, inter alia, to improve the state of the Italian economy. Some of the measures envisaged in the decree are relevant to competition law. Among these, the most significant are : the granting of new (...)