Judicial review and anticompetitive agreements

Anticompetitive practices

The German Federal Supreme Court rules that the European Central Bank should have explicitly considered whether there was an appropriate balance between the monetary policy effects of the Public Sector Purchase Programme and the economic effects, and the ruling denies the primacy of EU law over the German Basic Law (Dr. W... a.e.)
Delcade Avocats & Solicitors (Paris)
On 5 May 2020, the German Federal Constitutional Court sitting in Karlsruhe adopted its Dr. W... e.a. ruling by seven votes to one which results in a genuine declaration of war at the Court of Justice of the European Union. Dr. W… e.a. denies the primacy of EU law over the German Basic Law and (...)

The Hong Kong Competition Authority welcomes first judgment on pecuniary penalties in Hong Kong competition law regime (On Tat Estate Cartel)
Hong Kong Competition Commission
Competition Commission welcomes first judgment on pecuniary penalties in Hong Kong competition law regime* The Competition Commission (Commission) welcomes the judgment (Judgment) handed down by the Competition Tribunal (Tribunal) today (29 April) on pecuniary penalties against ten respondent (...)

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

The Czech Constitutional Court repeals the Act on significant market power which protected food suppliers from unfair practices by big retail chains on the basis of discrimination and unconstitutionality
Bird & Bird (Prague)
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Bird & Bird (Prague)
Back in 2016 and 2017, two different groups of senators proposed that the Constitutional Court repeal the Czech Act No. 395/2009 Coll., on Significant Market Power ("Act"), or at least some parts of it. In general, the Act protects food suppliers from unfair practices by big retail chains. (...)

The EU Court of Justice confirms the limitations that apply before courts are able to classify anticompetitive agreements as a restriction of competition by object under Art 101 TFEU in a multilateral interchange fee credit card transaction (Budapest Bank)
Ashurst (London)
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Ashurst (London)
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Ashurst (Brussels)
On 2 April 2020, the European Court of Justice ("ECJ") delivered its judgment in Budapest Bank on a reference for a preliminary ruling from Hungary’s highest court. The judgment confirms the important limitations that apply before competition authorities and courts are able classify (...)

The EU Court of Justice emphasises the need for a case and context-specific evaluation of ’by object’ restrictions and provides guidance on what sort of evidence is relevant, in a multilateral interchange fee credit card transaction (Budapest Bank)
Hogan Lovells (Munich)
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Hogan Lovells (Munich)
I. Introduction On 2 April 2020, the Court of Justice of the European Union ("CJEU") delivered its judgment in Budapest Bank, another key ruling on the assessment of 'by object' restrictions of competition within the meaning of Article 101(1) TFEU. With this judgment, the (...)

The EU Court of Justice ascertains whether the multilateral interchange fee set by the banks for credit card transactions with a merchant pursued no objective other than a simple price increase (Budapest Bank)
Van Bael & Bellis (Brussels)
On 2 April 2020, the Court of Justice of the European Union (the “Court of Justice”) delivered a preliminary ruling in which it provided clarifications and guidance to the Kúria (Supreme Court of Hungary) on the distinction between restrictions of competition “by object” and “by effect” under (...)

The Dutch Trade and Industry Appeals Tribunal confirms that a company on which no fine is imposed could still be able to appeal the infringement decision in cases that it is held jointly and severally liable for the cartel infringement of its wholly-owned subsidiary (College van Beroep)
Bird & Bird (The Hague)
On 18 February 2020 the Dutch Trade and Industry Appeals Tribunal (“CBb”) ruled that a company may still have an interest in bringing proceedings against a cartel infringement decision even if no fine is imposed on it and even if it is not the direct addressee of the infringement decision. In the (...)

The Latvian Administrative Regional Court upholds the Competition Authority’s decision on a prohibited agreement between manufacturers and traders of building materials (Kesko Senukai Latvia / Kurši)
Konkurences padome (Riga)
Court leaves effective a decision of the Competition Council on a prohibited agreement of “Kesko Senukai Latvia” and “Kurši”* The Administrative Regional Court in its judgments of 17 February has rejected applications of AS “Kesko Senukai Latvia” and SIA “Tirdzniecības nams “Kurši”” on cancellation (...)

The EU Court of Justice clarifies the conditions under which ‘pay-for-delay’ agreements preventing generic versions of a patented medicine from entering the market or delaying such entry may constitute a restriction of competition ‘by object’ or ‘by effect” as well as an abuse of dominant position (Generics - UK)
University of Liège
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University of Liège
On 30 January 2020, the Court of Justice of the EU (‘CJEU’) ruled on the applicability of competition law to settlement agreements between a holder of a pharmaceutical patent and manufacturers of generic medicines. In a judgment issued only a week after Advocate General Kokott delivered her (...)

The French Supreme Court annuls the fines previously imposed by the Competition Authority on ten banks for agreeing on the introduction of unjustified interbank fees (BPCE / Crédit agricole / BNP Paribas / Société générale...)
Bird & Bird (Paris)
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Bird & Bird (Paris)
A new development in the judicial saga around the 2010 decision by which the FCA imposed a EUR 384.9 million fine on 11 French banks for agreeing on the introduction of unjustified interbank fees during the transition towards a new digital system for processing checks. On 29 January 2020, the (...)

The German Federal Court of Justice provides guidance on the requirements for establishing liability and the assessment of evidence in cartel damages cases (Schienenkartell II)
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer (Berlin)
In its judgment of 28 January 2020, the Cartel Senate of the German Federal Court of Justice provided new guidance on the requirements for establishing liability and the assessment of evidence in cartel damages cases. In the initial proceedings, the plaintiff, a local transport company, sought (...)

The Italian Council of State confirms the annulment of a €140 million fine imposed by the Competition Authority to steel companies, as they did not form a cartel in the reinforcing steel bar and electro-welded mesh markets (Reinforcing Steel Bars / Tondini per Cemento Armato)
Chiomenti (Milano)
On 21 January 2020, the Italian Council of State confirmed the annulment of a 140 million EUR fine imposed in 2017 by the Italian Competition Authority (“ICA”) to some of the main Italian steel companies. Indeed, the ICA – by Decision of 19 July 2017 (the “Decision”) issued in the proceedings I742 (...)

The UK Court of Appeal rejects an appeal against a judgment of the CAT which upheld the CMA’s decision finding a company online sales ban of its custom-fitted golf clubs to be an unjustified restriction (Ping)
Van Bael & Bellis (Brussels)
On 21 January 2020, the UK Court of Appeal rejected an appeal brought by the golf club manufacturer Ping Europe Limited (“Ping”) against the 2018 judgment of the Competition Appeal Tribunal (“CAT”), which upheld the Competition and Markets Authority’s (“CMA”) 2017 decision finding Ping’s online sales (...)

The Italian Council of State reverses a banking cartel decision on account of the negligible competition impact (Raiffeisen)
Desogus Law Office (Cagliari)
Determining the appeal claims lodged in the Raiffeisen case, the highest administrative court or Council of State (hereinafter the Court) has reversed a previous infringement decision made by the Italian Competition Authority (ICA). The Court found that the contested restrictive business (...)

The Belgian Court of Appeal upholds the Competition Authority’s decision for imposing a fine over the exclusion of a company from the pharmaceutical sector (Order of Pharmacists)
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
In a judgment dated 8 January 2020, the Court of Appeal upheld the decision of the Belgian Competition Authority ("BCA") in which it imposed a fine on the Order of Pharmacists for excluding Medi-Market from the market for pharmacy services (see July edition of Competitive Edge). The Court, (...)

The Danish High Court fines two companies for bid rigging in the construction sector (Jorton / H. Skjøde Knudsen)
Danish Competition and Consumer Authority (Copenhagen)
THE HIGHT COURT FINES TWO CONSTRUCTION COMPANIES FOR BID RIGGING * The High Court has fined the construction companies Jorton A/S and H. Skjøde Knudsen A/S respectively DKK 3,000,000 (€ 401,442) and DKK 267,628 (€ XXX) for bid rigging. Two members of the managements were fined respectively DKK (...)

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

The Italian Supreme Administrative Court accepts appeals against the Authority ruling which found that telecommunications companies restricted competition and prevented the development of disaggregated forms of supply of ancillary technical services (Telecom Italia)
Bird & Bird (Rome)
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Bird & Bird (Rome)
On 23 December, the Italian Supreme Administrative Court ("Consiglio di Stato") accepted the appeals lodged by several companies active in the supply of technical ancillary services and the incumbent network owner, Telecom Italia S.p.A., against the rulings of the Regional Administrative Court (...)

The Ankara Regional Administrative Court annuls the lower Court’s decision due to the claimant’s lack of capacity to sue in a case alleging resale price maintenance in the market for cereals and legumes (Duru Bulgur)
ACTECON (Istanbul)
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ACTECON (Istanbul)
Capacity to Sue of Consumers Whose Interests Are Affected Was Held Under the Microscope of the Administrative Courts in Turkey* The issue of the “appropriate claimant” or the capacity to sue always comes into question at the stage of the judicial review of the decisions of the competition (...)

The EU Court of Justice dismisses appeals brought by three manufacturers of power cables in a cartel case (NKT)
Van Bael & Bellis (Brussels)
The Court of Justice of the European Union (the “Court of Justice”) dismissed in their entirety the appeals brought by LS Cable, Brugg Kabel and VISCAS (together with its parent company Furukawa), three manufacturers of power cables, against the judgment of the General Court which had upheld the (...)

The Dutch Highest Administrative Court issues its final judgement in the flour cartel case (Flour Cartel)
Bird & Bird (The Hague)
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Bird & Bird (Amsterdam)
On 28 November 2019 the highest administrative court in The Netherlands (het College van Beroep voor het bedrijfsleven, "CBb") issued its final judgment in the flour cartel case. CBb has previously on 19 March 2019 issued an interlocutory ruling in this case. The Dutch competition authority (...)

The EU Court of Justice dismisses an appel in a cartel of power cable, confirming no infringement of the claimant’s rights of defence (Brugg / LS Cable)
Ashurst (Brussels)
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Ashurst (London)
On 28 November 2019, the European Court of Justice ("ECJ") handed down judgments in three appeals against General Court judgments that had dismissed actions challenging the European Commission’s ("Commission") power cables cartel decision. Leniency applicant ABB’s appeal was partially upheld, (...)

The Danish Supreme Court renders a judgement on the legality of consortium agreements and repeals a decision between two companies regarding their joint bid on a public tender for road marking work (LFK / Eurostar)
Gorrissen Federspiel (Copenhagen)
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Gorrissen Federspiel (Copenhagen)
The legality of consortium agreements under competition law has been widely debated in recent years. On 27 November 2019 the Supreme Court rendered a much-anticipated judgment on this subject. The court repealed a Maritime and Commercial High Court decision from 2018 in a case concerning a (...)

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

The UK Court of Appeal clarifies principles governing competition damages and reiterates that judges must base their decisions on the evidence before them by exclusively focusing on the loss of the claimant (BritNed / ABB)
Case Associates (London)
The Court of Appeal in BritNed v ABB [2019] EWCA Civ 1840 has again had to clarify the principles governing competition damages. It reaffirmed the English High Court’s rejection of the claimant’s approach to damages but took issue with the trial judge’s position that damages should err on the side (...)

The Danish Maritime and Commercial Court confirms the Danish Competition Authority’s decision finding that media agencies have concluded a market sharing agreement (Media Agencies)
Danish Competition and Consumer Authority (Copenhagen)
Court: Agreement between media agencies constituted anti-competitive customer allocation* Danish Maritime and Commercial Court confirms Competition Council decision: Agreement between media agencies constituted anti-competitive customer allocation. In August 2017, the Danish Competition (...)

The Italian Supreme Court sheds light on the severance of anti-competitive clauses of a banking personal guarantee contract (De Gregorio / Banca Promos)
Desogus Law Office (Cagliari)
Introduction Article 2 of the Italian Competition Law no. 287/1990 (ICL), which is equal to Article 101 TFEU, provides that an agreement that restrains competition is void. By its judgment rendered in De Gregorio et al v Banca Promos, the Italian Court of Cassation has considered the reach of (...)

The EU General Court reaffirms the Commission’s duty to provide sufficient reasons when explaining fine calculations in cartel cases (HSBC)
Shearman & Sterling (Brussels)
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Shearman & Sterling (London)
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Shearman & Sterling (London)
On 24 September 2019, the EU General Court (GC) handed down its judgment in HSBC v. Commission. Consistent with recent precedent, the GC reaffirmed the European Commission (“Commission”)’s duty to provide sufficient reasons when explaining fine calculations in cartel cases and annulled the fine (...)

The EU General Court dismisses an appeal against the re-adopted decision in the paper envelope cartel case (Printeos / Commission)
Van Bael & Bellis (Brussels)
On 24 September 2019, the General Court dismissed the appeal lodged by Printeos (previously known as Tompla) against the re-adopted European Commission (“Commission”) decision in the Paper Envelopes cartel case (Case T-466/17, Printeos v. Commission). By way of background, the Commission (...)

The Delhi High Court dismisses a writ petition challenging demand notices issues by the Competition Authority relating to the interest payment of the penalties imposed (United India Insurance)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The Delhi High Court dismissed a writ petition filed by United India Insurance Company challenging demand notices issued by the CCI requiring payment of interest on penalties imposed by the CCI which were the subject of a stay order by the Competition Appellate Tribunal (COMPAT) hearing an (...)

The Paris Court of Appeal rules that a car supplier is free to terminate a selective car distribution contract with distributor despite meeting the selection criteria (Garage Richard Drevet / Hyundai)
Van Bael & Bellis (Brussels)
On 31 July 2019, the Paris Court of Appeal (the “Court”) ruled that Hyundai did not discriminate against retailer Garage Richard Drevet by terminating its car distribution contract. The Court essentially ruled that each car supplier is free to determine whether to grant access to its selective (...)

The Barcelona Court of Appeal applies a narrow reading of the exhaustion principle to trade marks with common origin (Schweppes)
Van Bael & Bellis (Brussels)
On 22 July 2019, the Barcelona Court of Appeal (“Audiencia Provincial de Barcelona”) delivered a judgment on an appeal by Schweppes SA (“Schweppes”) against a judgment of the Commercial Court of Barcelona in which it held that the evidence provided by Red Paralela, a parallel importer, was (...)

The Italian Council of State confirms the national Antitrust Authority’s fine of €180 million to a pharmaceutical company for having “artificially differentiated” their medicinal products when entering into an anticompetitive agreement by object (Roche / Novartis)
Rucellai & Raffaelli (Milan)
1. Introduction The Italian Council of State, with its judgment No. 4990 of 2019, rejected the appeal proposed by F. Hoffmann-La Roche Ltd, Roche S.p.A., Novartis AG and Novartis Farma S.p.A. against the first-instance judgement by which the Regional Administrative Court of Latium (the (...)

The Spanish Competition Authority publishes a new ruling on the dairy sector cartel and imposes fines on companies and two trade associations amounting to €80.6 million (Industrias Làcteas 2)
CMS Albiñana y Suárez de Lezo (Madrid)
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CMS Albiñana y Suárez de Lezo (Madrid)
On 26 February 2015, the Spanish Competition Authority (“CNMC”) handed nine companies and two trade associations that operated in the dairy sector fines of EUR 88 million. These fines were annulled by the Spanish High Court in October/November 2018 after the Spanish Supreme Court declared that a (...)

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

The EU Court of Justice reaffirms the General Court’s decision to annul the fines imposed by the Commission in the Yen Interest Rate Derivatives cartel case (Icap)
Van Bael & Bellis (Brussels)
On 10 July 2019, the Court of Justice of the European Union (the “ECJ”) delivered a judgment on an appeal lodged by the European Commission (the “Commission”) against the judgment of the General Court (the “GC”) that had annulled the fines imposed by the Commission on ICAP in the Yen Interest Rate (...)

The German Federal Court of Justice annuls a judgment of the Higher Regional Court of Düsseldorf imposing a fine on a drugstore for engaging in resale price maintenance (Rossmann)
Van Bael & Bellis (Brussels)
On 9 July 2019, the German Federal Court of Justice (“FCJ”) annulled a judgment of the Higher Regional Court of Düsseldorf (the “Court”) which had increased a fine imposed on drugstore Rossmann for engaging in resale price maintenance (“RPM”) from € 5.25 million to € 30 million. In December 2015, the (...)

The Indian Competition Authority finds that an association of medicine dealers has collected charges that are illegal under national competition law (Jalgaon District Medicine Dealers Association)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
In a case against the Jalgaon District Medicine Dealers Association (Association), [1] the CCI found that the Association had collected Product Information Service (PIS) charges from manufacturers of pharmaceutical products. The CCI found that payment of the PIS charges was mandatory and, (...)

The Rotterdam District Court annuls a fine imposed by the Dutch Competition Authority on a manufacturer of batteries for forklift trucks for its involvement in a cartel (Midac)
Van Bael & Bellis (Brussels)
On 20 June 2019, the Rotterdam District Court (“Court”) annulled a fine of € 583,000 imposed by the Dutch Authority for Consumers and Markets (“Autoriteit Consument & Markt” or “ACM”) on Midac, a manufacturer of batteries for forklift trucks, for its involvement in a cartel. The Court held that (...)

The Düsseldorf Court of Appeal quashes the Competition Authority’s decision and finds a most favoured nation clause compatible with antitrust law for a hotel booking platform (Booking.com)
Heinz & Zagrosek (Köln)
Booking.com’s "narrow" MFN clauses now also permissible in Germany, Court of Appeals rules* On June 4, 2019, the Düsseldorf Court of Appeal quashed the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com to operate so-called narrow most favored nation (MFN) clauses (or best price (...)

The Düsseldorf Court of Appeal overturns the Competition Authority’s prohibition of narrow best price clauses (Booking.com)
Van Bael & Bellis (Brussels)
On 4 June 2019, the Higher Regional Court of Düsseldorf (the “Court”) ruled that narrow best price clauses are not anticompetitive and overturned the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com from using such clauses in contracts with hotel operators. ‘Narrow’ best price (...)

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 Spanish Supreme Court confirms fines on company for their participation in cartel agreements and publishes the names of the individual in the fining decision (Cesar)
Cuatrecasas, Goncalves Pereira (Barcelone)
On March 28, 2019, the Spanish Supreme Court (Tribunal Supremo) issued a judgment confirming that the Spanish National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia or “CNMC”) can (i) impose fines on company executives for their participation in cartel (...)

The Dutch Highest Administrative Court rules that the National Competition Authority can find private equity investors liable for cartel infringements of their portfolio companies in the food market (Flour cartel)
Bird & Bird (The Hague)
Private equity investors held liable for cartels in the Netherlands* Introduction On 19 March 2019, the highest administrative court in the Netherlands (het College van Beroep voor het bedrijfsleven, “CBb”) ruled that the Dutch Competition Authority (“the ACM”) can hold private equity investors (...)

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

The Dutch Court of Appeal dismisses claimant’s appeal in follow-on cartel damages claim in relation to the elevators and escalators cartel (East West Debt)
Simmons & Simmons (Amsterdam)
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Simmons & Simmons (Brussels)
Introduction In 2007, the EC imposed fines on several international elevators and escalators (hereafter: “lift”) companies for a violation of Article 81 of the EC Treaty (now Article 101 TFEU). Following the EC decision, follow-on claims have been launched in both Belgium and in the Netherlands. (...)

The Supreme Administrative Court of Czech Republic annuls fines imposed on members of a construction cartel as the evidence was obtained through fishing expeditions (Daich / Hochtief Cz / Swietelsky / Ave Cz / Vidox / Colas Cz / Ohl Žs / Lesostavby Třeboň)
Skils (Prague)
On 30 January 2019, the Supreme Administrative Court (SAC) rejected the cassation appeal lodged by the Office for Protection of Competition (Office) against the previous Regional Court in Brno (RCB) judgment which cancelled Office’s decision fining construction companies for alleged cartel (...)

The Indian Competition Authority re-imposes fines on a professional association for limiting supply with its certification requirements in the pharmaceutical industry (Vedanta Bio Sciences Vadodara / Chemists and Druggists Association of Baroda)
Vaish (New Delhi)
CCI Imposes Penalty on Chemists and Druggists Association of Baroda* CCI, by way of order dated 15.01.2019 has found the Chemists and Druggists Association of Baroda (‘CDAB’) to be in contravention of the Act by indulging in the activity of limiting and controlling the supply of drugs and (...)

The Danish Competition Appeal Tribunal confirms fines imposed to members of an association of camera distributors for participating in anticompetitive agreements
Danish Competition and Consumer Authority (Copenhagen)
Anti-competitive agreement/decision in an association of camera distributors* The Danish Competition Appeal Tribunal has upheld a decision taken by the Danish Competition Council (DCC) that a horizontal cooperation agreement/decision among more than 50 independent camera distributors, who are (...)

The EU General Court rules that territorial exclusivity clauses in copyright licensing agreements raise competition concerns (Canal+)
Van Bael & Bellis (Brussels)
On 12 December 2018, the EU General Court (“GC” or “Court”) dismissed the application for annulment which Canal + SA (“Canal +”) had brought against a European Commission (“Commission”) decision that had made commitments offered by Paramount Pictures Ltd (“Paramount”) in the context of copyright (...)

The Ankara 7th Administrative Court annuls the Turkish Competition Authority’s dismissal decision regarding the restriction of parallel imports allegations faced by a company in the market of energy system (Mastervolt / Eltesan)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Ankara 7th Administrative Court (“Court”) annulled the dismissal decision of the Turkish Competition Board (“Board”) concerning the allegations that Mastervolt International Holding B.V. (“Mastervolt”) and its exclusive distributor in Turkey, Artı Marin Elektrik Dış Tic. Ltd. Şti. (“Artı Marin”), (...)

The Australian High Court dismisses the Competition Authority leave to appeal against a first instance decision finding no anti-competitive exclusive dealing in its sales and distribution in the pharmaceutical sector (Pfizer)
Herbert Smith Freehills (Sydney)
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Herbert Smith Freehills (Melbourne)
We have previously published an update on the Full Court decision in ACCC v Pfizer, where the Full Court dismissed an appeal by the ACCC, upholding a first instance decision that Pfizer had not misused its market power or engaged in prohibited anti-competitive exclusive dealing in its sales and (...)

The Czech Regional Court validates the legality of two dawn raids conducted by the Competition Authority that led to the discovery of cartels (AV MEDIA)
Skils (Prague)
Regional Court in Brno (RCB) dealt with two claims by AV MEDIA, a.s. challenging dawn raids conducted by the Czech Office for Protection of Competition (Office) at its premises in March and April 2018. The RCB found both dawn raids lawful and rejected both claims. Summary of Proceedings This (...)

The German Federal Court of Justice annuls four judgments on fine calculation in the gas sector (Gas cartel case)
Van Bael & Bellis (Brussels)
On 9 October 2018, the German Federal Court of Justice annulled four judgments of the Higher Regional Court of Düsseldorf with regard to the amount of fines imposed in the liquefied gas cartel case. The Federal Court of Justice remitted the case to the lower court as regards the calculation of (...)

The Appeal Board of the Federal Antimonopoly Service of Russia dismisses the decision of the Regional office of the Federal Antimonopoly Service of the Sverdlovsk which ordered a leniency applicant to return unlawfully gained income (Krust)
ALRUD (Moscow)
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ALRUD (Moscow)
Unprecedented Russian Law Enforcement: Obligation to Return Unlawfully Gained Income When Using a Leniency Program* The Regional office of the Federal Antimonopoly Service of the Sverdlovsk region has recently issued a decision ordering a leniency applicant to return unlawfully gained income. (...)

The UK High Court of Justice rejects methodology for estimating overcharges on cables based on economic evidence (BritNed / ABB)
The Brattle Group (London)
ABSTRACT In the first cartel overcharge claim brought in the English High Court, the claimant’s methodology for estimating ABB overcharges on the BritNed cable was comprehensively rejected. The Court concluded that the claimant’s econometric analysis was insufficiently grounded in facts and (...)

The UK High Court of Justice rejects econometrics analysis in a cartel damage case for being too complex (BritNed / ABB)
Case Associates (London)
BritNed Development Ltd v. ABB AB and ABB Ltd [2018] EWHC 2616 (Ch). (“BritNed”) is the first English cartel damage judgment and the first to consider an econometric approach to calculating overcharges. The court rejected the claimant’s econometric analysis as ‘too complex’ and “unspecific”. Here (...)

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

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

The French Supreme Court clarifies the applicable legal regime for breach of antitrust commitments (GIE)
Niddam-Drouas Avocats (Paris)
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Niddam-Drouas Avocats (Paris)
In a judgment of 26 September 2018, the French Supreme Court ruled for the first time on a failure to comply with commitments undertaken before the French Competition Authority (FCA) to close antitrust proceedings. The French Supreme Court dismissed the appeal lodged by the economic interest (...)

The EU Commission changes its preliminary view on the inspection of a Slovak rail company and closes the infringement proceedings (ZSSK)
Havel, Holasek (Brno)
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Havel, Holasek (Bratislava)
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Havel, Holasek (Prague)
European Commission changed its preliminary view on the inspection in Slovak rail company ZSSK and closed the infringement proceedings* On 25 September 2018, the European Commission (“ Commission ”) published a press release that it sent a statement of objections to Slovak rail company ZSSK for (...)

The Danish Competition Authority Appeals Board finds the Competition Authority’s legal and economic evaluation of a roofing membrane case to be insufficient (Icopal / NWP / DTB / TOR)
Danish Competition and Consumer Authority (Copenhagen)
Danish Competition Appeals Board remits a case regarding the Danish roofing membrane market to Danish Competition Council* The case concerns whether the only two Danish manufacturers of roofing membranes, Icopal Danmark ApS (“Icopal”) and Nordic Waterproofing A/S (“NWP”), as well as the two (...)

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

The UK Competition Appeal Tribunal upholds the decision of the Competition Authority fining a manufacturer of golf clubs for banning online retail of its products (Ping)
British Competition Authority - CMA (London)
Win in Ping golf clubs case sends clear online retail signal* The Competition Appeal Tribunal has upheld the CMA’s decision that Ping Europe Ltd broke the law by banning the online sale of its golf clubs. This landmark case sends an important signal that attempts by manufacturers to impose (...)

The Moscow Arbitration Appeal Court confirms the decision of the Russian Competition Authority concerning a cartel on the market of civilian filtering gas masks
Russian Federal Antimonopoly Service (Moscow)
Appeal Court supported FAS in a case against a 20-member cartel* The total fines imposed upon manufacturers and suppliers of civilian gas masks exceeded 75 million RUB The 9th Arbitration Appeal Court in Moscow reversed the ruling of the Court of First Instance and agreed with FAS arguments. (...)

The Paris Court of Appeal confirms the decision of the French Competition Authority but reduces fines in the parcel delivery services cartel case (Parcel delivery services cartel)
Van Bael & Bellis (Brussels)
On 19 July 2018, the Paris Court of Appeal (the “Court”) delivered a judgment in connection with the parcel delivery services cartel case (see VBB on Competition Law, Volume 2016, No. 1). The Court confirmed most of the findings of the French Competition Authority (“FCA”), including that the (...)

The EU General Court dismisses appeals against a decision of the EU Commission brought by producers of underground and submarine high voltage power cables (Power Cables cartel)
Van Bael & Bellis (Brussels)
Cartel, judicial review, evidence, conterfactuel, parent On 12 July 2018, the General Court (“GC”) delivered fourteen judgments dismissing all of the appeals brought by the companies involved in the Power Cables cartel case. By way of background, in 2014, the European Commission adopted a (...)

The EU General Court holds that institutional investors can face parental liability for infringement of the EU competition law (Power Cables cartel)
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (Brussels)
On 12 July 2018, the EU’s General Court handed down 12 judgments relating to the power cables case. Among these was a judgment which confirmed that a parent company able to exercise all the voting rights in a subsidiary is presumed liable for any infringement of the EU competition rules by that (...)

The EU General Court confirms that a bank investor was jointly and severally liable for the conduct of one of the cartelists (Goldman Sachs)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
The General Court’s ruling in Goldman Sachs’ appeal in the power cables cartel confirms that the bank was jointly and severally liable for the conduct of Prysmian, one of the cartelists, because of the nature of its investment in the company. The General Court confirmed that the Commission was (...)

The US Supreme Court dismisses an appeal brought by the US Government and a number of US States regarding a two-sided platform (Ohio / AMEX)
King & Wood Mallesons (Melbourne)
US REGULATORS’ SWIPE AT AMEX DECLINED BY SUPREME COURT* On 25 June 2018, the Supreme Court of the United States dismissed an appeal brought by the US Government and a number of US States against credit-card provider American Express (Amex) for alleged anti-competitive conduct in violation of (...)

The US Supreme Court rejects Government antitrust challenge against anti steering provisions of a credit-card network company (OHIO / AMEX)
Weil, Gotshal & Manges (Washington)
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Weil, Gotshal & Manges (Washington)
Supreme Court Rejects Government Antitrust Challenge to American Express Antisteering Provisions* In a long-awaited decision, a closely divided Supreme Court ruled in favor of American Express (“Amex”), ending a highly publicized government challenge that has spanned nearly a decade. Writing for (...)

The Irish Court of Appeal increases the fine imposed by the Irish Competition Authority on a company for bid-rigging (Aston Carpets)
Matheson (Dublin)
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Matheson (Dublin)
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Matheson (Dublin)
Summary In this case update, we discuss a 2019 criminal enforcement case in Ireland brought by the Competition and Consumer Protection Commission (the “CCPC”) in conjunction with the Director of Public Prosecutions (the “DPP”), in relation to breaches of substantive competition law under the (...)

The German Federal Court clarifies controversial judgments around the statute of limitations for cartel damages claims (Grauzementkartell II)
Hogan Lovells (Munich)
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Hogan Lovells (Munich)
I. Introduction On 12 June 2018, the German Federal Court of Justice (Bundesgerichtshof, BGH) passed its long-awaited landmark decision in KZR 56/16 (Grauzementkartell II). The BGH held that Sec. 33 (5) of the German Act against Restraints of Competition (ARC) (today Sec. 33h (6) ARC), which (...)

The UK Supreme Court finds that the OFT did not act unlawfully in failing to repay fines imposed on tobacco manufacturers as part of a retail pricing investigation’s settlement (Gallaher / Somerfield)
Herbert Smith Freehills (London)
The Supreme Court has found that the OFT (the CMA’s predecessor) did not act unlawfully in failing to repay fines imposed on Gallaher and Somerfield as part of their settlement of the OFT’s tobacco retail pricing investigation. This was the case despite there being: a successful appeal against (...)

The Czech Constitutional Court clarifies rules for challenging dawn raids (Eurovia)
Skils (Prague)
On 15 May 2018, the Constitutional Court (CC) declared that the Supreme Administrative Court (SAC) by its judgment of 21 November 2017 (Ref.No. 7 As 155/2015) violated Eurovia CS’s constitutional rights on protection of privacy and on fair trial and annulled that SAC’s judgment. The matter (...)

The Vilnius Regional Administrative Court confirms the decision of the Competition Authority according to which two Lithuanian construction companies restricted competition by entering into bidding consortia (PST / Irdaiva)
Lithuanian Competition Authority (Vilnius)
Vilnius Regional Administrative Court: Joint bidding by construction companies restricted competition* Vilnius Regional Administrative Court (the Court) upheld Competition Council‘s decision according to which two Lithuanian construction companies Panevėžio statybos trestas (PST) and Irdaiva (...)

The Vilnius Regional Administrative Court upholds the Competition Authority’s decision fining two construction companies for joint bidding in 24 tenders (PST / Irdaiva)
Walless (Lithuania)
On 14 May 2018, the Vilnius Regional Administrative Court upheld the decision of the Competition Council of the Republic of Lithuania fining two construction companies: UAB IRDAIVA and AB PST for entering into anti- competitive joint bidding agreement . The Court confirmed the Competition (...)

The Turkish Competition Authority concludes that a price comparison system for advertisers does not violate competition law (Yurddaş)
ACTECON (Istanbul)
Introduction The Turkish Competition Authority (“TCA”) has concluded its investigation against Diye Danışmanlık Eğitim ve Medya Hizmetleri Tic A.Ş.’s (“yurddaş + partners”) Media Barometer services. It is decided that Media Barometer, which is a media performance measurement service that includes a price (...)

The Danish Competition Appeal Tribunal confirms the sanction imposed for participating in a cartel in the camping card market (Campingrådet)
Danish Competition and Consumer Authority (Copenhagen)
Horizontal agreements in the framework of Campingraadet* The Danish Competition Appeal Tribunal has upheld the findings of the Danish Competition Council that the horizontal agreements described below, and entered into in the framework of the Danish umbrella organization “Campingrådet”, had as (...)

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

The Belgian Supreme Court dismisses an appeal against an interim judgment of the Brussels Court of Appeal (Kone / Otis / Schindler / ThyssenKrupp)
Van Bael & Bellis (Brussels)
On 22 March 2018, the Belgian Supreme Court (the “Supreme Court”) dismissed an appeal against an interim judgment of the Brussels Court of Appeal (the “Court of Appeal”) on the damages claim introduced by the European Commission (the “Commission”). This claim arose following the Commission’s 2007 (...)

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

The UK Court of Appeal adopts a ruling allowing plaintiffs in cartel damages actions to advance claims based on overcharges incurred outside of the EU when they ultimately hit their finished goods sales within the EU (Liyama)
Dentons (Brussels)
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Levi Strauss (Brussels)
On February 16, 2018, the UK Court of Appeal adopted its much awaited ruling in the iiyama case. Taking stock of the Court of Justice (CoJ) ruling in Intel last year, the Court of Appeal allows plaintiffs in civil cartel damages actions to advance claims based on overcharges incurred by their (...)

The Spanish Supreme Court voids an exclusive-supply agreement in the energy sector that was previously subject to a commitment decision by the EU Commission (Repsol)
Van Bael & Bellis (Brussels)
Spain’s Supreme Court has voided a contract including an exclusive-supply clause in favour of Repsol, following a judgment of the Court of Justice of the European Union (“ECJ”) in which the ECJ confirmed that national courts are not precluded from assessing potentially anti-competitive agreements (...)

The Tenth Administrative Court of Ankara annuls the decision of the Turkish Competition Authority in a case regarding concerted practices between cement producers because the standard of proof was not met (GOLTAS Cement)
ACTECON (Istanbul)
The Turkish Competition Authority (“TCA”) had found that six cement producers operating in the Aegean Region of Turkey entered into a concerted practice to allocate certain geographical regions amongst themselves and to collectively raise the prices of cement products during the time period (...)

The German Federal Court of Justice rules on action brought by a car repair shop against the general importer of car vehicles who operated a selective distribution system for servicing of its vehicles (Jaguar)
Van Bael & Bellis (Brussels)
On 23 January 2018, the German Federal Court of Justice ruled on an action brought by a car repair shop (the claimant) against the general importer of Jaguar and Land Rover vehicles (the defendant). The importer operated a selective distribution system for the servicing of its vehicles. (...)

The Czech Supreme Administrative Court allows belated ex post review of dawn raid’s legality (Delta pekarny / Bakeries cartel)
Skils (Prague)
On 21 December 2017, the Supreme Administrative court rejected cassation appeals of both the Czech Office for Protection of Competition (“Office”) and all three claimants (participants to bakeries cartel), namely companies Delta Pekarny, OK Rest, and Penam against the previous judgment of the (...)

The Chinese High People’s Court in Hainan fines a company for anticompetitive distribution agreement and affirms the principle of prohibition to be applied on a case-by-case basis (Hainan Yutai)
Gaopeng & Partners (Beijing)
I. Background Hainan Yutai Technology Feed Co., Ltd. (hereinafter referred to as ’Hainan Yutai’) entered into agreements with its distributors in 2014 and 2015, pursuant to which it was agreed that “Party B (distributor) would maintain the confidentiality of Party A’s (Hainan Yutai) discount (...)

The EU Court of Justice dismisses an appeal against a General Court judgment upholding the EU Commission’s prohibition of a non-compete covenant in a share purchase agreement (Telefonica)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Baker McKenzie (Brussels)
The European Court of Justice (ECJ) recently dismissed an appeal against a General Court judgment which largely upheld the European Commission’s prohibition decision taken against Telefónica and Portugal Telecom for a non-compete covenant in a share purchase agreement. The share purchase (...)

The Italian Supreme Court confirms the claim for nullity of a personal guarantee as being a violation of the antitrust regulation (ABI)
Studio Legale Scoccini E Associati (Rome)
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Studio Legale Scoccini E Associati (Rome)
By its decision No. 29810 of 12/12/2017, the Italian Supreme Court overruled the judgement of the Court of Appeal of Venice that had rejected the claim for nullity of a personal guarantee in violation of the antitrust regulation. The dispute submitted to the Court of Appeal of Venice - as a (...)

The US Court of Appeals for the Ninth Circuit upholds dismissal of an antitrust suit where a jury verdict in a parallel case found no patent infringement (Casacade Computer / RPX / Samsung)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
What Happened: Wading into the merging streams of antitrust and patents, the US Court of Appeals for the Ninth Circuit upheld dismissal of an antitrust suit where a jury verdict in a parallel case found no patent infringement. Cascades Computer Innovation, LLC v. RPX Corp. and Samsung (...)

The EU Court of Justice hands down an anticipated judgment on the possibility to restrict the selling on third party online platforms outside of the selective distribution network in the luxury goods sector (Coty)
Van Bael & Bellis (Brussels)
On 6 December 2017, the Court of Justice of the European Union (the ECJ or the Court) handed down its eagerly anticipated judgment in Coty (C-230/16). In general, the ECJ closely follows the opinion of Advocate General Wahl (AG Wahl), published on 26 July 2016, in essentially holding that: the (...)

The EU Court of Justice deals a blow to the EU Commission’s power to close antitrust investigations with commitment decisions by ruling that they do not preclude national courts from examining whether agreements comply with antitrust rules (Gasorba / Repsol)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in Case C-547/16 Gasorba et al. v. Repsol. The Court of Justice ruled that (...)

The EU General Court partially annuls the Commission decision fining a financial company for facilitating cartels in the market of interest rate derivatives in Japanese yen (Icap)
Van Bael & Bellis (Brussels)
On 10 November 2017, the General Court (“GC”) partially upheld the appeal lodged by Icap plc, Icap Management Services Ltd and Icap New Zealand Ltd (“Icap”) against a Commission decision ning Icap € 14.9 million for facilitating cartels in the market for interest rate derivatives in Japanese yen (...)

The EU General Court finds flaws in the EU Commission’s decision and quashes the €14,9 million fine, but sustains underlying liability for “facilitation” of a cartel (Icap)
Simmons & Simmons (London)
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Simmons & Simmons (London)
The General Court’s November 2017 judgment is not such welcome news to ICAP as it might first appear. ICAP’s appeal against a 2015 infringement decision was successful insofar as the fines imposed on it will now be trimmed, but in the main the General Court supported the European Commission’s (...)

The German Federal Court of Justice quashes a decision which had ruled that minimum resale pricing did not result in an appreciable restriction of competition given its limited timeframe and scope (Almased Wellness)
Commeo (Frankfurt)
In its judgment of 17 October 2017, the Federal Court of Justice (Bundesgerichtshof - “BGH” or the “Court”) quashed a decision taken by the Celle Higher Regional Court (Oberlandesgericht Celle – “OLG Celle”) in April 2016 which had ruled that minimum resale pricing did not result in an appreciable (...)

The US Court of Appeals for the Third Circuit affirms the District Court judgment for titanium dioxide purchaser on the grounds that plaintiff lacked sufficient evidence to allege a conspiracy to fix prices (Valspar / DuPont)
McDermott Will & Emery (Washington)
What Happened: On October 2, 2017, the US Court of Appeals for the Third Circuit unsealed its opinion in Valspar Corp. v. E.I. Du Pont De Nemours & Co., No. 16-1345 2017 WL 4364317 (3d Cir. Sept. 14, 2017) in which the court affirmed the district court’s grant of summary judgment for (...)

The US Court of Appeal for the Second Circuit dismisses the indictments of two individuals accused of playing a role in the LIBOR case and clarifies the Fifth Amendment law in international cartels (Allen)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Düsseldorf)
SECOND CIRCUIT CLARIFIES FIFTH AMENDMENT LAW, WITH IMPLICATIONS FOR US PROSECUTION OF INTERNATIONAL CARTELS* On July 19, 2017, the Second Circuit vacated the convictions and dismissed the indictments of two individuals accused of playing a role in the manipulation of the London Interbank (...)

The EU Court of Justice dismisses an appeal in a gas insulated switchgear cartel case (Toshiba)
Van Bael & Bellis (Brussels)
On 6 July 2017, the European Court of Justice of the European Union (“ECJ”) dismissed an appeal lodged by Toshiba against a judgment of the General Court (“GC”), which upheld the European Commission’s decision to re-impose nes on Toshiba for its involvement in the gas insulated switchgear cartel. (...)

The US FTC files an administrative complaint against a state licensing board for unreasonably restraining price competition for real estate appraisal services provided to appraisal management companies in Louisiana (LREAB)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
This week, the Federal Trade Commission filed an administrative complaint against the Louisiana Real Estate Appraisers Board (LREAB). This complaint is the FTC’s first against a state licensing board since it prevailed in the Supreme Court in the decision in NC State Board of Dental Examiners v. (...)

The Swedish Patent and Market Court of Appeal overturns Stockholm District Court’s decision and finds three healthcare providers not guilty of cartel (Aleris / Capio / Hjärtkärlgruppen)
Mannheimer Swartling (Stockholm)
No Bid-Rigging in Swedish Healthcare Case* At the end of April this year, a Swedish case involving alleged procurement collusion in healthcare markets reached its final conclusion. In a reversal of fortunes for the Swedish Competition Authority (SCA), the Patent and Market Court of Appeal (...)

The EU Court of Justice dismisses appeal against a judgment of the General Court which upheld the EU Commission’s decision finding that a company participated in an illegal price-fixing cartel (Exotic Fruits cartel case)
Van Bael & Bellis (Brussels)
On 27 April 2017, the Court of Justice of the European Union (“ECJ”) dismissed an appeal lodged by banana importer Pacific Fruit (and its parent companies) against a judgment of the General Court (“GC”), which upheld the European Commission’s decision finding that Pacific Fruit had participated in (...)

The EU Court of Justice upholds use of evidence from a national authority other than a member state competition authority (Pacific Fruit)
Jones Day (Brussels)
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Jones Day (Brussels)
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Jones Day (Brussels)
The European Court of Justice ("CoJ") has upheld the European Commission’s use of evidence transmitted by a national authority other than a Member State competition authority in a cartel investigation. The CoJ ruled on April 27, 2017, that the national authority properly transmitted such (...)

The Düsseldorf Court of Appeal confirms a decision of the German Competition Authority against all prohibitions or restrictions imposed in relation to online sales made by traditional distributors (ASICS)
Gibson Dunn (Brussels)
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Gibson Dunn (Brussels)
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Gibson Dunn (Brussels)
This article considers how much the Coty Ruling has shed light on the extent to which a manufacturer can restrict the sales of its products over online platforms, especially in the wake of the recent German Case involving ASICS and basic principles developed at EU level to assess obligations (...)

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

The EU Court of Justice dismisses appeals against the General Court’s judgement in a cartel case confirming the responsibility of undertakings for the actions of their representative (Paraffin Wax)
Van Bael & Bellis (Brussels)
Under EU case law, an undertaking can be held responsible for the actions of a person who is authorised to act on its behalf, regardless of any action or knowledge on the part of the managers of that undertaking. Consequently, the Commission may impose fines on an undertaking if it has shown (...)

The US Court of Appeals for the Third Circuit upholds a ruling that indirect purchasers did not meet the requirements for class certification (Class 8 Transmission)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
On February 9, the US Court of Appeals for the Third Circuit upheld a ruling by the US District Court for the District of Delaware that indirect purchasers of Class 8 transmissions did not meet the requirements for class certification. The Third Circuit found that only the individual claims may (...)

The EU Commission fines €68 million undertakings in a car battery recycling cartel case (Campine / Eco-Bat Technologies / Recylex)
Van Bael & Bellis (Brussels)
On 8 February 2017, the European Commission announced that it had imposed fines totalling € 68 million on three car battery recyclers (Campine, Eco-Bat Technologies and Recylex) for operating a cartel in which they had allegedly agreed to fix the purchase prices of scrap lead-acid automotive (...)

The EU Court of Justice delivers fourteen decisions on appeals against judgments of the General Court in a cartel case and rejects only two of them (Bathroom Fittings and Fixtures cartel)
Van Bael & Bellis (Brussels)
Bathroom fittings and fixtures cartel case – concept of single and continuous infringement The concept of single and continuous infringement was developed by the Commission to impute liability to undertakings which had not been involved in every single cartel contact or had not engaged in every (...)

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

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

The Finnish Supreme Administrative Court fines a milk producer for predatory pricing in the national fresh milk markets (Valio)
European Commission (Brussels)
The Supreme Administrative Court considered Valio’s milk pricing a violation of the Competition Act* The Supreme Administrative Court considered Valio’s milk pricing a violation of the Competition Act and ordered a penalty payment of EUR 70 million. In 2012, the FCCA deemed Valio guilty of (...)

The Italian Regional Administrative Court of Lazio annuls the decision of the Italian Competition Authority concerning an alleged violation of Art. 101 on the sale of broadcasting rights (Sky / RTI / Lega Calcio / Infront)
McDermott Will & Emery (Paris)
SALE OF SERIE A BROADCASTING RIGHTS, THE REGIONAL ADMINISTRATIVE COURT OF LAZIO ANNULS THE DECISION OF THE ITALIAN COMPETITION AUTHORITY* On 23 December 2016, the Regional Administrative Court of Lazio (the TAR) annulled the decision of the Italian Competition Authority (the Authority), (...)

The Turkish High State Court annuls the Competition Authority’s decision concerning parallel export restrictions in a vertical agreement (Roche / Corena)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary includes an analysis of the annulment decision of 13th Chamber of the High State Court (2010/4617 E., 2016/4241 K) (“High State Court”). The High State Court cancelled the Turkish Competition Board’s (the “Board”) decision on parallel export restrictions in vertical agreements. In (...)

The Hungarian Supreme Court confirms the fines imposed in a banking cartel case (Budapest Bank)
Hungarian Competition Authority (Budapest)
The Curia of Hungary confirmed the cartel of Banks* On 13 December 2016 the Curia of Hungary confirmed, as a result of the judicial review of case Nr. Vj/74/2011/873 concerning the decision of the Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH), that Hungarian banks had (...)

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

The Indian Competition Appellate Tribunal upholds the Competition Authority’s decision against car manufacturers in the spare car parts market (Ford India / Nissan Motor India / Toyota Kirloskar Motor)
Vaish (New Delhi)
Competition Appellate Tribunal (COMPAT) rejects appeals of Ford, Nissan and Toyota against CCI Order in Car Spare Parts case but reduces penalty amounts* In an important and path breaking order the Competition Appellate Tribunal (COMPAT) vide order dated December 9, 2016 has upheld the earlier (...)

The Indian Competition Appellate Tribunal reverses the Competition Authority’s fine due to mistakes in the investigation in the chemists’ association cartel (AIOCD All India Organization of Chemists & Druggists / OPPI Organization of Pharmaceuticals Producer of India)
Vaish (New Delhi)
COMPAT sets aside penalty imposed by CCI on All India Organization of Chemists and Druggists for cartelization* Competition Appellate Tribunal (COMPAT) by its order dated December 9, 2016 has set aside the orders dated 19.2.2013, 09.12.2013 passed by the Competition Commission of India (CCI) (...)

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

The Indian Competition Appellate Tribunal rejects the Competition Authority’s investigation conclusion due to failure to address a significant part of the plaintiff’s original suit (Air Cargo Agents Association of India / IATA International Air Transport Association)
Vaish (New Delhi)
Competition Appellate Tribunal (COMPAT) quashes CCI order and directs fresh investigation into alleged anti-competitive practices of International Air Transport Association (IATA)* COMPAT, by its order dated November 15, 2016, has set-aside the order of Competition Commission of India (CCI) (...)

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

The US Court of Appeals for the Second Circuit vacates and reverses an antitrust verdict in a historic first case for a Chinese government agency to appear as amicus in US court and inform the court of applicable Chinese law (Chinese vitamin C)
Baker McKenzie (Brussels)
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Baker McKenzie (New York)
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Baker McKenzie (Washington D.C.)
The United States Court of Appeals for the Second Circuit (the Second Circuit) in New York has vacated and reversed a USD 147 million antitrust verdict against a Chinese vitamin C manufacturer and its holding company, ruling that the district court should have granted Defendants’ original motion (...)

The EU General Court confirms the EU Commission’s decision concerning its first pharma pay-for-delay case (Lundbeck)
DG COMP (Brussels)
Antitrust: Commission welcomes General Court judgments upholding its Lundbeck decision in first pharma pay-for-delay case Today the General Court upheld the Commission’s Lundbeck decision and ruled for the first time that pharma pay-for-delay agreements breach EU antitrust rules. In such (...)

The EU General Court confirms the EU Commission’s decision concerning its first pharma pay-for-delay case (Lundbeck)
University of East Anglia (Norwich)
General Court’s pay for delay judgment in Lundbeck – some guidance, but worries remain*On 8 September, the General Court handed down its eagerly awaited decision in Lundbeck – the first ever European judgment concerning so-called pay for delay settlements. The Commission’s decision in this case was (...)

The EU General Court upholds the EU Commission’s landmark patent settlement agreement decision (Lundbeck)
Sidley Austin (London)
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Sidley Austin (London)
EU General Court upholds Commission’s landmark Patent Settlement Agreement decision* In a much-anticipated series of judgments, running to some 579 pages, the EU’s General Court on 8 September 2016 upheld a 2013 decision of the European Commission that imposed fines of almost €150 million on the (...)

The EU General Court rules on the legitimacy of settlement agreements in the pharmaceutical sector (Lundbeck)
Peters & Peters (London)
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Peters & Peters (London)
Lundbeck - Buying off the competition* On 8 September 2016, the ECJ handed down its judgment in the latest battle between pharmaceutical companies and competition authorities over “pay for delay” agreements. The appeal of H Lundbeck A/S and Lundbeck Ltd (together “Lundbeck”) against the decision (...)

The EU General Court confirms fines imposed on an undertaking and generic drug manufacturers for entering into anticompetitive "pay-for-delay" agreements (Lundbeck)
McDermott Will & Emery (Washington)
GENERAL COURT OF THE EU CONFIRMS FINES IMPOSED ON LUNDBECK AND GENERIC DRUG MANUFACTURERS FOR ENTERING INTO PATENT SETTLEMENTS* On 8 September 2016, the General Court of the EU (GCEU) handed down five judgments upholding a decision by the Commission of 19 June 2013 imposing fines on Lundbeck, (...)

The EU General Court upholds the EU Commission’s fine of €150 m on undertakings for entering into reverse settlement agreements which delayed the entry of cheaper generic versions of a blockbuster antidepressant (Lundbeck)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
EU COURT CONFIRMS EUROPEAN COMMISSION’S DECISION ON PAY-FOR-DELAY AGREEMENTS* On 8 September 2016, the General Court of the European Union upheld the European Commission’s decision in which the antitrust regulator imposed fines of approximately EUR 150 million on Lundbeck and a number of generic (...)

The EU General Court hands down a judgement concerning an appeal brought by an undertaking and a number of generic companies against a EU Commission decision which found that the parties had breached Article 101 TFEU by agreeing to delay the market entry of a generic drug (Lundbeck)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
On 8 September 2016 the General Court (GC) handed down its judgments in relation to the appeals brought by Lundbeck and a number of generic companies (Sun Pharma (Ranbaxy), Arrow, Generics UK, Merck and Xellia/Alpharma) against a European Commission (Commission) decision finding that the (...)

The Polish Supreme Court quashes the judgment of the Court of Appeal regarding inadequate explanation of the factual basis of the decision issued by the Polish Competition Authority (The National Chamber of Notaries)
Office of Competition and Consumer Protection (Warsaw)
In its decision of 19 April 2010, the President of the Office of Competition and Consumer Protection (hereinafter the “Polish Competition Authority”) imposed a fine on the National Chamber of Notaries for anticompetitive conduct. The Polish Competition Authority found that the National Chamber of (...)

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

The UK Competition Appeal Tribunal awards competition damages in country’s first judgment on a standalone action (Sainsbury’s / MasterCard)
Cleary Gottlieb Steen & Hamilton (Rome)
The Competition Appeal Tribunal awards competition damages in UK’s first judgment on a stand-alone action* On 14 July 2016, the UK Competition Appeal Tribunal (CAT) ordered MasterCard to pay Sainsbury’s £68.6m plus interest for infringing competition law in the setting of UK multilateral (...)

The UK Competition Appeal Tribunal awards £8.6 m damages and finds that an undertaking setting of UK multilateral interchange fees for its payment cards infringed national and EU competition law on anti-competitive agreements (Sainsbury’s / MasterCard)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 14 Jul the UK Competition Appeal Tribunal (CAT) issued its judgment in the damages claim brought by Sainsbury’s against MasterCard. The CAT found that MasterCard’s setting of UK multilateral interchange fees (MIFs) for its payment cards infringed the Article 101 TFEU/Chapter I prohibition on (...)

The Indian Competition Appellate Tribunal reverses the Competition Authority’s decision and removes penalties for cartelization in packaging materials for sugar (Indian Jute Mills Association / Gunny Trade Association)
Vaish (New Delhi)
COMPAT sets aside CCI order penalizing Jute Mills Association for alleged cartelization for packaging material for sugar, etc.* COMPAT by its order dated July 1, 2016 has over-ruled the order of CCI wherein the Indian Jute Mils Association (IJMA) and Gunny Trade Association (GTA) were (...)

The EU General Court endorses a strict approach to ancillary restraints (Portugal Telecom / Telefónica)
Van Bael & Bellis (Brussels)
Portugal Telecom and Telefonica cases – Non-compete clauses: General Court endorses strict approach to ancillary restraints Non-compete clauses are standard practice in the context of the acquisition of a business to protect a purchaser’s investment. They guarantee the transfer to the purchaser (...)

Judicial review in cartel cases: An overview of EU and national case law
Monash Law School (Melbourne)
Introduction The scope of the present contribution is at the same time relatively narrow – since it focuses on judicial review in cartel cases, and then only on a modest sample of the numerous cases that have arisen in Europe in the last few years – and relatively broad, since the term (...)

The OECD holds a roundtable on commitment decisions in non-merger cases
OECD - Competition Division (Paris)
Executive summary, by the Secretariat* Considering the discussion at the roundtable on commitment decisions in non-merger cases, held by the Competition Committee on 17 June 2016, the Secretariat’s background paper, the delegates’ written submissions and presentations by the speakers, several (...)

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

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

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

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

The Indian Competition Appellate Tribunal annuls a fine for alleged collusion by a professional transport association due to lack of evidence by the National Competition Authority (Indian Foundation of Transport Research & Training / All India Motor Transport Congress)
Vaish (New Delhi)
COMPAT sets-aside penalty imposed on All India Motor Transport Congress (AIMTC) for alleged increases of transport rates in collusion* COMPAT by its order dated April 18, 2016 has set-aside the order of CCI where AIMTC was penalized for allegedly exhorting truck transporters for increasing (...)

The Paris Court of Appeal reduces fines of three wallpaper manufacturers for their involvement in a price-fixing cartel (Graham)
Van Bael & Bellis (Brussels)
On 14 April 2016, the French Court of Appeal reduced the fines imposed on three wallpaper manufacturers for their involvement in a price-fixing cartel in the wallpaper sector between May 2006 and September 2010. In a decision of December 2014, the French Competition Authority (“FCA”) found that (...)

The Indian Competition Appellate Tribunal annuls a bid rigging fine for multi-product companies who are fined only on their case product turnover and identical prices are not prima facie illegal (DG S&D / A. R. Polymers)
Vaish (New Delhi)
Competition Appellate Tribunal (COMPAT) sets-aside penalty imposed on Jungle Boot suppliers for alleged bid rigging* COMPAT by its order dated April 12, 2016 has set-aside the penalty imposed on suppliers of Polyester Blended Duck Ankle Boot Rubber Sole/ Appellants (Jungle Boots) against (...)

The Danish Competition Appeals Tribunal confirms a cartel decision concerning a consortia agreement between two road-contractors (LKF / Eurostar)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Appeals Tribunal confirms that consortia agreement between two road-contractors was illegal* On 11 April 2016, the Danish Competition Appeals Tribunal upheld a decision by the Danish Competition Council (DCC) of 24 June 2015. The DCC had found that LKF Vejmarkering A/S (...)

The Kiev Commercial Court of Appeal quashes a Lower Court’s ruling upholding the decision of the Antimonopoly Committee in a case involving allegations of anticompetitive information exchange (AC Nielsen)
Asters (Kiev)
On 31 March 2016, the Kiev Commercial Court of Appeal (the "Court of Appeal") quashed the ruling of the Kiev Commercial Court (the "Lower Court") upholding the decision of the Antimonopoly Committee of Ukraine (the "AMC") in the case involving allegations that certain trade chains had (...)

The Australian Federal Court rules in favor of Competition Authority’s appeal against an air cargo provider and clarifies when a market is "in Australia" (P T Garuda Indonesia)
Herbert Smith Freehills (Sydney)
On 21 March 2016, the Full Court of the Federal Court allowed the ACCC’s appeal by a 2:1 majority in Australian Competition and Consumer Commission v P T Garuda Indonesia Ltd [2016] FCAFC 42. This case concerned allegations that P.T. Garuda Indonesia Ltd and Air New Zealand Ltd were party to (...)

The Australian High Court decides to hear the Competition Authority’s appeal in price-fixing case against a travel agent (Flight Centre)
Herbert Smith Freehills (Sydney)
The High Court has granted the ACCC special leave to appeal the Full Court of the Federal Court’s decision in Flight Centre Limited v Australian Competition and Consumer Commission [2015] FCAFC 104. This case concerns ACCC allegations that Flight Centre (a travel agent) attempted to induce (...)

The Brazilian Superior Court of Justice limits the confidentiality of the Brazilian Competition Authority’s leniency agreements (Εlectrolux)
Mattos Filho Veiga Filho Marrey Jr & Quiroga (New York)
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Sao Paulo)
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Carrilho Donas Advocacia
The Brazilian Superior Court of Justice (“STJ”) has issued a ruling that seeks to limit the confidentiality of leniency agreements entered into with the Brazilian antitrust authority (“CADE”). Pursuant to the ruling, third parties may have access to such agreements and related materials (including (...)

The Romanian High Court of Cassation and Justice reviews the application filed by the Competition Authority following the decision of the EU Court of Justice on the anti-competitive object of agreements to share clients (Eureko)
Romanian Competition Council (Bucharest)
On 7 September 2010, Consiliul Concurentei din Romania (Romania Competition Council) adopted Decision no 39 which found that 14 of the 18 companies on the mandatory private pension funds market (second pilar) violated Article 5 alin.(1) lit. c) of the Competition Law no 21/1996 and Article 81 (...)

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

The Indian Competition Appellate Tribunal upholds the dismissal of a bid-rigging case finding that in oligopolies identical bids are not prima facie anticompetitive (Faiveley Transport India / Knorr Bremse India)
Vaish (New Delhi)
COMPAT upholds order of CCI closing bid-rigging case against railway suppliers of Axle Mounted Disk Braking System (ADBMS)* COMPAT by its order dated February 17, 2016 has upheld the order of CCI closing the case for bid-rigging for supply of Axle Mounted Disk Braking System (ADBMS) to Indian (...)

The Danish Supreme Court upholds a decision of the High Court regarding infringement of competition law by an arbitration award (Taewoong / Ah Industries)
University of Copenhagen
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Accura (Copenhagen)
Summary of the case In a January 2016 ruling the Danish Supreme Court rejected the argument that a 2011 arbitration award infringed competition law and therefore should be set aside . The dispute between the parties pertained to the termination of an international distribution agreement (...)

The Italian Administrative Tribunal of Lazio rejects complaints against the National Competition Authority’s decision to condemn an anticompetitive practice implemented in the context of tenders for the supply of electro-mechanical goods and services in the railway sector (Forniture Trenitalia)
Luiss Guido Carli University (Rome)
By three decisions adopted in early 2016, the Regional Administrative Tribunal for Lazio assessed the legitimacy of a decision adopted by the Italian Competition Authority (‘Autorità Garante della Concorrenza e del Mercato - AGCM’) sanctioning 12 undertakings active in the market for the supply of (...)

The EU Court of Justice reduces a fine previously imposed by the EU Commission in a cartel case (Spanish bitumen)
Van Bael & Bellis (Brussels)
On 21 January 2016, the Court of Justice of the European Union (“ECJ”) issued a judgment reducing the fine previously imposed by the European Commission on the Galp group for its participation in the Spanish bitumen cartel case. The judgment follows on from a previous ruling of the General Court (...)

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

The EU General Court rejects actions brought against the recalculated fines imposed by the EU Commission in the gas insulated switchgear cartel (GIS cartel)
Van Bael & Bellis (Brussels)
On 19 January 2016, the General Court (“GC”) issued judgments rejecting actions brought by Toshiba and Mitsubishi Electric against the recalculated fines amounting to approximately € 136 million imposed by the European Commission in June 2012 for their participation in the gas insulated switchgear (...)

The Italian Supreme Administrative Court overturns the National Competition Authority concerning cases of anticompetitive codes of professional ethics in the medical profession (Fnomceo)
Studio Legale Scoccini E Associati (Rome)
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Eversheds Sutherland (Italia)
The Italian Supreme Adminstrative Court rules on limitation period in cases of anticompetitive codes of professional ethics On the 19th of January 2016 the Italian Supreme Administrative Court (Consiglio di Stato), overturned a decision of the National Competition Authority concerning (...)

The EU General Court upholds a €131 million fine imposed by the Commission on two undertakings for participating in a cartel in the gas insulated switchgear market (GIS cartel)
McDermott Will & Emery (Washington)
THE GENERAL COURT OF THE EU UPHOLDS CARTEL FINES OF €131M IMPOSED ON TOSHIBA AND MITSUBISHI ELECTRIC, DISMISSES ARGUMENTS BASED ON PRINCIPLE OF EQUAL TREATMENT* By two judgments of January 19, 2016 (Case T-404/12 Toshiba v. Commission and Case T-409/12 Mitsubishi Electric v. Commission), the (...)

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

The Higher Regional Court of Frankfurt rules on restrictions imposed on the use of online platforms and price comparison websites in a selective distribution system (Deuter)
Van Bael & Bellis (Brussels)
On 22 December 2015, the Higher Regional Court of Frankfurt (the “Court”) issued a ruling on appeal concerning the selective distribution system of Deuter, a producer of quality backpacks. The Court assessed two restrictions imposed by Deuter on the resellers belonging to its selective (...)

The District Court of Rotterdam annuls a penalty imposed to an association of undertakings for making recommendations on the establishment of new general practitioners (LHV)
Nysingh (Zwolle)
On 17 December 2015, the District Court of Rotterdam (“Court”) annulled a penalty imposed to LHV for violating the Dutch cartel prohibition. The proceedings on appeal brought against the ACM-decision have been a major success for LHV. While in administrative appeal the fine was reduced by ACM (...)

The EU General Court annuls the EU Commission’s decision fining a number of cargo airlines for a price fixing cartel (Airfreight Cartel)
Wiggin (London)
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Quinn Emanuel Urquhart & Sullivan (Brussels)
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Reed Smith (Brussels)
The General Court annulled the airfreight decision adopted in November 2010 by which the European Commission fined a number of air freight carriers EUR 799 million for a price fixing cartel. According to the Court, the grounds of the decision and the operative part of the decision were (...)

The EU General Court rules on appeals brought by several airlines against the EU Commission’s decision which imposed €799 million fines for their alleged participation in a cartel (Airfreight cartel)
Van Bael & Bellis (Brussels)
On 16 December 2015, the EU General Court (“GC”) handed down its judgments on appeals brought by several airlines against the European Commission’s 2010 decision imposing fines totalling € 799 million on the airlines for their alleged participation in a cartel relating to airfreight services. The (...)

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

The Indian Competition Appellate Tribunal sends case of anticompetitive conduct against film distributors back to Indian Competition Authority for reconsideration (K Sera Sera Digital Cinema / Digital Cinema Initiatives)
Vaish (New Delhi)
Competition Appellate Tribunal (COMPAT) directs re-consideration by CCI against movie producers/ distributors for alleged cartelisation in setting unfair standards in cinema exhibition* COMPAT, by its order dated December 8, 2015 reversed the order of CCI dated April 22, 2015 which closed a (...)

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

The US Court of Appeals for the Fifth Circuit upholds a $156 million jury verdict against a steel manufacturer accused of conspiracy to boycott another distributor (MM Steel / JSW Steel)
Jones Day (Houston)
The Fifth Circuit Court of Appeals upheld a $156 million jury verdict against a U.S. Gulf Coast steel manufacturer accused of conspiring with distributors to "boycott" a new distributor by denying it access to steel. Even though the steel manufacturer was responding to pressure from (...)

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

The EU Court of Justice upholds a cartel decision of the Commission on heat stabilisers market (AC-Treuhand)
DG COMP (Brussels)
Antitrust: Commission welcomes Court judgment confirming cartel facilitator’s liability* The European Commission welcomes today’s ruling by the EU Court of Justice upholding an earlier General Court judgment and thereby a Commission decision of 2009 to hold AC Treuhand liable under EU antitrust (...)

The EU Court of Justice upholds cartel facilitator liability (AC-Treuhand)
Simmons & Simmons (London)
In brief AC-Treuhand has failed in its attempt to have two fines overturned for facilitating the heat stabilisers cartel. The case confirms that servicing a cartel by organising and participating in meetings, collecting and supplying to producers data on relevant markets and offering to (...)

The EU Court of Justice holds that the liability of a cartel facilitator was foreseeable (AC-Treuhand)
University of Groningen
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University of Groningen
The shortest competition judgment ever: AC-Treuhand II* Competition law judgments are notorious for their length. An extreme example is the 5134 paragraph judgment in Cement. In most cases the appeal judgment is significantly shorter, as with the 391 paragraphs in the appeal in Cement. (...)

The EU Court of Justice dismisses the appeal against a judgment of the EU General Court upholding cartel facilitator liability (AC-Treuhand)
Covington & Burling (Brussels)
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Gevaco (Belgium)
I. The Parties AC Treuhand AG, the applicant, is a consultancy firm which is based in Zurich (Switzerland) and provides a range of international focused services, like business management and administration, assessment of market data, presentation of market statistics, etc. The European (...)

The EU Court of Justice dismisses an appeal against the EU General Court’s judgment upholding a cartel facilitator liability (AC-Treuhand)
Garrigues (Brussels)
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Garrigues (Brussels)
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. You may remember that earlier this year we commented on AG Wahl’s Opinion in AC-Treuhand (C-194/14 P) and anticipated that, in spite of its thought provoking (...)

The EU Court of Justice confirms that consulting firms may be held liable and fined for cartel facilitation (AC‑Treuhand)
Wiggin (London)
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Quinn Emanuel Urquhart & Sullivan (Brussels)
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Quinn Emanuel Urquhart & Sullivan (Brussels)
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Court of Justice has confirmed that consultancy firms may be held liable and fined for cartel infringements where they contribute to the implementation and (...)

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

The Turkish Council of State annuls the decision of the Competition Authority which dismissed the complaint at the preliminary inquiry stage without evaluating the information that showed the collusion (Pegas / Anex / Tez / Odeon Tours)
Queen Mary University (London)
This case comment analyses the judgment of the Turkish Council of State in which it has annulled the decision of the Turkish Competition Authority that rejects the complaint of a rival at the stage of preliminary inquiry without assessing the evidence demonstrating the collusion between four (...)

The Austrian Supreme Court of Justice increases the fine against a food retailer after upholding an earlier finding of illegal pricing agreements relating to dairy products (Spar)
Van Bael & Bellis (Brussels)
On 8 October 2015, the Austrian Supreme Court of Justice (the “Supreme Court”) increased the fine against Spar, a food retailer, from € 3 million to € 30 million after upholding an earlier finding of illegal pricing agreements relating to dairy products. On 26 November 2014, the Higher Regional (...)

The Danish Competition Appeals Tribunal upholds the Competition Authority’s decision which found a franchisor company guilty of price fixing and market sharing in the market for robotic milking systems (Lely Scandinavia / Danish Lely Centres)
European Commission (Brussels)
The Danish Competition Appeal Tribunal: Agreement to Fix Prices and Share Markets in Robotic Milking Systems Sector was Illegal* On 30 September 2015, the Danish Competition Appeals Tribunal has upheld a decision adopted by the Danish Competition Council (DCC) on 25 June 2014. The DCC’s (...)

The EU Court of Justice marginally reduces the fine imposed to a parent company in a cartel case to reflect the reduction granted to a subsidiary (Paraffin Wax)
Van Bael & Bellis (Brussels)
On 17 September 2015, the Court of Justice (“ECJ”) issued two judgments on the appeals by Total SA and its wholly-owned subsidiary, Total Marketing Services, against two judgments of the General Court (“GC”) in relation to the paraffin wax cartel. In 2008, the European Commission found that Total (...)

The EU Commission welcomes the judgement of the General Court which confirms its TV and computer monitor tubes cartel decision (Panasonic)
DG COMP (Brussels)
European Commission - Fact Sheet Commission welcomes General Court rulings upholding TV and computer monitor tubes cartel decision* The European Commission welcomes today’s judgments by the EU General Court in the TV and computer monitor tubes cartel The European Commission welcomes today’s (...)

The Polish Competition Authority appeals in a case regarding an agreement between mobile phone providers (Polkomtel)
Polish Competition Authority (Warsaw)
Poland’s competition Authority appealed in case regarding agreement between mobile phone providers* Poland’s Office of Competition and Consumer Protection (UOKiK) appealed a first instance court ruling which overturned UOKiK’s decision regarding an agreement between the four largest mobile (...)

The Moscow Arbitration Court confirms the fines imposed on participants of a cartel on the table salt market (TDS)
Russian Federal Antimonopoly Service (Moscow)
Arbitration Court confirmed legitimacy of the fines upon participants of the cartel on the table salt market* Moscow Arbitration Court confirmed legitimacy of the fines imposed by the Federal Antimonopoly Service (FAS Russia) upon cartel participants on the market of wholesale supplies of (...)

The Moscow Arbitration Appeal Court confirms the fines imposed on participants of crab cartel (Aquaresource-DV / Taifun)
Russian Federal Antimonopoly Service (Moscow)
Appeal Court pronounced legitimacy of the fines imposed upon cartel participants at crab auctions* The 5th Arbitration Appeal Court in Vladivostok pronounced legitimacy and reasonableness of FAS fines imposed upon “Aquaresource-DV” Ltd. and “Taifun” Ltd. The total fines upon the two companies (...)

The Moscow Arbitration Appeal Court confirms the bid-rigging decision pronounced by the Russian Competition Authority in the construction market (Vozrozhdenie)
Russian Federal Antimonopoly Service (Moscow)
Appeal Court pronounced legitimacy of the decision and fine on a bid-rigging case against the Commandant’s Office of the internal troops of the Ministry of Interior* On 17 August 2015, the 9th Arbitration Appeal Court dismissed the claim of “Vozrozhdenie” Construction Company” Ltd. and pronounced (...)

The Moscow Arbitration Court confirms a cartel on the market of wholesale supplies of table salt legitimacy (TDS)
Russian Federal Antimonopoly Service (Moscow)
Cassation Court confirmed a cartel on the market of wholesale supplies of table salt legitimacy* Arbitration Court of the Moscow District confirmed legitimacy of the decision of the Federal Antimonopoly Service on a cartel case on the market of wholesale supplies of table salt and upheld the (...)

The Moscow Arbitration Court supports the Russian Competition Authority position concerning a cartel case involving the Ministry of transport and a company (MIIT)
Russian Federal Antimonopoly Service (Moscow)
Cassation Court fully supported FAS position on a cartel case against the Ministry of Transport and MIIT* Arbitration Court of Moscow District upheld the ruling of the 9th Arbitration Appeal Court that pronounced legitimacy and reasonableness of the decision of the Federal Antimonopoly Service (...)

The US District Court for the District of Massachusetts rejects a request for a new trial to challenge a “pay-for-delay” agreement (Nexium)
Wolters Kluwer (Riverwoods)
Judgment for Drug Companies Unlikely the End of the Road in Nexium Case* The federal district court in Boston has rejected a request from purchasers of AstraZeneca LP’s heartburn medication Nexium for a new trial to challenge a “reverse payment” or “pay-for-delay” agreement between AstraZeneca and (...)

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

The EU Court of Justice confirms the existence of a new concept which can be used by the Commission to calculate fines of an amount higher than a restrictive reading of its Fining Guidelines (InnoLux)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
A NEW CONCEPT IN CARTEL FINING: "DIRECT EEA SALES THROUGH TRANSFORMED PRODUCTS"* On 9 July 2015, the Court of Justice of the European Union (CJEU) issued its judgment in InnoLux Corp. v Commission C-231/14P, confirming the existence of a new concept in cartel fining: “direct European Economic (...)

The Moscow Arbitration Appeal Court confirms the Russian Competition Authority’s decision against a cartel of suppliers of rehabilitation means for the disabled (April)
Russian Federal Antimonopoly Service (Moscow)
Appeal Court confirmed the FAS decision on a cartel of suppliers of rehabilitation means for the disabled* The 9th Arbitration Appeal Court in Moscow dismissed the appeal of “Regional Centre for Rehabilitation Means” Ltd. (“KTsSR” Ltd.), “April” Ltd., “Predgorie Kavkaza” Ltd. on invalidating the FAS (...)

The Moscow Arbitration Appeal Court confirms the cartel decision concerning a tender for allocating fishing grounds in the Primorye region (Aquaresource)
Russian Federal Antimonopoly Service (Moscow)
Appeal Court supported FAS on a case on allocating fishing grounds* On 6 July 2015, the 9th Arbitration Appeal Court pronounced legitimacy of the decision of the Federal Antimonopoly Service (FAS Russia) on the cartel case in a tender for allocating fishing grounds in the Primorie region. On (...)

The Moscow Arbitration Court confirms the decision of the Russian Competition Authority which prohibited vertical agreements in the market of equipment for industrial laundry (VMW)
Russian Federal Antimonopoly Service (Moscow)
Cassation Court supported FAS decision on a case on prohibited “vertical” agreements* On 1 July 2015, the Arbitration Court of the Moscow District dismissed a cassation appeal of “Food Technologies” Trading House” Ltd., “BT Machinery” Ltd. and “Obschepitoborudtorg” Ltd. Thus, the Court pronounced (...)

The US Court of Appeals for the Second Circuit reaffirms the principle that even vertical agreements that seem lawful in the abstract can be evidence in horizontal cartel (Apple)
Patterson Belknap Webb & Tyler (New York)
Second Circuit Affirms Ruling Against Apple in E-book Price-Fixing Case* We have previously posted about United States v. Apple, Inc., a blockbuster trial that ended with Judge Denise Cote of the Southern District of New York concluding that Apple had conspired with five publishing companies (...)

The Moscow Arbitration Court confirms the sanctions imposed on fish suppliers for cartel (Russian Fish Company)
Russian Federal Antimonopoly Service (Moscow)
Cassation Court pronounced legitimacy of FAS decision on a cartel of Vietnamese fish suppliers* On 30 June 2015, the Arbitration Court of the Moscow District pronounced legitimacy of the decision of the Federal Antimonopoly Service (FAS Russia) regarding the “Association of Production and (...)

The EU Court of Justice rules that a parent company may be held liable for infringement by its subsidiary in which it holds an 80% indirect shareholding (Fresh Del Monte)
Simmons & Simmons (London)
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Simmons & Simmons (London)
ECJ confirms that Del Monte is liable for a single and continuous infringement of competition law for bilateral information exchanges between its subsidiary Weichert and Dole. On 24 June 2015, the Court of Justice of the European Union (ECJ) dismissed an appeal by Fresh Del Monte Produce Inc. (...)

The US Supreme Court reaffirms the rule precluding patent owners from collecting patent royalties on expired patents (Kimble / Marvel)
Constantine Cannon (Washington)
Supreme Court Cites Spiderman In Ruling Against Post-Expiration Patent Royalties* Spiderman swung through the halls of the U.S. Supreme Court yesterday as Justice Elena Kagan liberally relied on the comic book superhero in the Court’s decision in Kimble v. Marvel Enterprises, Inc., reaffirming (...)

The Moscow Arbitration Court confirms the decision on the crab auction cartel (Aquaresource)
Russian Federal Antimonopoly Service (Moscow)
Cassation Court supported FAS decision on the case on crab auctions* On 18 June 2015, Moscow Arbitration Court pronounced legitimacy of the decision of the Federal Arbitration Service (FAS Russia) against the Federal Fishery Agency (Rosrybolovstvo), its Primorie branch and a group of economic (...)

The US Supreme Court declines to resolve a closely watched circuit split on the applicability of the Foreign Trade Antitrust Improvements Act (Motorola / AU Optronics)
Siemens (New York)
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Patterson Belknap Webb & Tyler (New York)
Supreme Court Surprises the Antitrust World with Denial of Cert in Motorola and AU Optronics* Today the United States Supreme Court denied certiorari in two cases, Motorola Mobility LLC v. AU Optronics et al. and Hsiung and AU Optronics Corp. America Inc. v. United States, declining to resolve (...)

The Russian Supreme Court sustains the National Competition Authority recommendations on apatite concentrate (Minudobrenie)
Russian Federal Antimonopoly Service (Moscow)
The Supreme Court considered FAS Recommendations on apatite concentrate* On 8 June 2015, the Supreme Court of the Russian Federation dismissed the claim of “Minudobrenie” OJSC (Rossosh) to invalidate FAS Recommendations to ensure non-discriminatory access to apatite concentrate (1) and the (...)

The EU General Court rejects an appeal against the EU Commission’s which fined companies for a cartel participation (Hybrid Cartel)
Van Bael & Bellis (Brussels)
On 20 May 2015, the General Court (“GC”) rejected an application for annulment by Timab Industries against a 2010 Commission decision imposing a fine of €59.8 million on the company for its participation in the animal feed phosphates cartel. Timab, a subsidiary of Cie Financière et de (...)

The Russian Supreme Court confirms that companies have restricted competition on the market of residential housing construction (Spetspromsnab)
Russian Federal Antimonopoly Service (Moscow)
The Supreme Court of the Russian Federation supported a decision of Lipetsk OFAS* The Supreme Court of the Russian Federation supported the Office of the Federal Antimonopoly Service in the Lipetsk region (Lipetsk OFAS) and dismissed a claim of “Spetspromsnab” SU” Ltd. to transfer a supervisory (...)

The US Attorney General of Texas settles its challenge to an agreement among sellers of dental supplies in an alleged boycott case (Benco Dental Supply)
Jones Day (Houston)
The Texas Attorney General has settled its challenge to an agreement among sellers of dental supplies that, in the State’s view, prevented competition by a new entrant in Texas. This case is a reminder that even local activities may be the subject of antitrust enforcement by state attorneys (...)

The US Court of Appeals for the Seventh Circuit affirms the district court’s grant of summary judgment in a price-fixing litigation (Text Messaging)
McDermott Will & Emery (Paris)
On Thursday, April 9, 2015, the Seventh Circuit affirmed the district court’s grant of summary judgment for AT&T Mobility LLC, Verizon Wireless LLC, T-Mobile USA Inc. and Sprint Corp., in a text messaging price-fixing litigation. In re Text Messaging Antitrust Litigation, case number (...)

The Moscow Arbitration Appeal Court confirms the fines imposed in a cartel case in the market of wholesale supplies of table salt (TDS)
Russian Federal Antimonopoly Service (Moscow)
Appeal Court supported FAS position on a cartel case on the market of wholesale supplies of table salt* On 2 April 2015, the 9th Arbitration Appeal Court confirmed legitimacy and reasonableness of the decision of the Federal Antimonopoly Service (FAS Russia) on a cartel case on the market of (...)

The US Supreme Court hears arguments before the decision on whether post-expiration license royalty obligations are caught in the web of patent policies or antitrust analysis (Kimble / Marvel)
Constantine Cannon (Washington)
Supreme Court Seeks To Untangle Patent And Antitrust Principles Caught In Spider-Man’s Web* The Supreme Court heard oral argument today on whether litigation over a toy based on Spider-Man’s web should be used to vanquish a 50-year-old precedent precluding patent owners from collecting patent (...)

The Moscow Arbitration Appeal Court confirms that an undertaking and its retailers have concluded an anticompetitive vertical agreement (Vyazma Machine-Building Works)
Russian Federal Antimonopoly Service (Moscow)
Appeal Court confirmed legitimacy of FAS decision on a case on prohibited “vertical” agreements* On 26 March 2015, the 9th Arbitration Appeal Court dismissed appeals of “Vyazma Machine-Building Works” OJSC (“VMZ” OJSC) and its dealers to abolish the judgment of Moscow Arbitration Court (1). Thus, (...)

The EU Court of Justice considers that the bilateral exchange of pre-pricing informations to a concerted practice with the object of restricting competition is an anticompetitive practice (Dole)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In its ruling of 19 March 2015 (Case C-286/13P) relating to the banana cartel, the Court of Justice of the EU (CJEU) dismissed the appeal by banana importer Dole (...)

The Norwegian Court of Appeals upholds that a joint bid submitted under a public tender constituted an anti-competitive agreement by object (Ski Taxi / Follo Taxisentral / Ski Follo Taxidrift)
Haavind (Oslo)
Joint bid labelled ‘by object’ infringement* Appeals court upheld decision against local taxi cooperatives’ bidding consortium In a judgment of 17 March 2015, Borgarting appeals court in Oslo upheld the Norwegian Competition Authority’s decision against two local taxi cooperatives and a jointly (...)

The EU Court of Justice holds that parent companies may be fined for repeated infringements even without being an addressee of the earlier decisions (Versalis)
White & Case (Brussels)
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,
White & Case (Brussels)
On 5 March 2015, the European Court of Justice (CoJ) handed down its judgment in Versalis , concerning the increasing of fines for antitrust infringements where a company is found to be a repeat offender. The judgment raises important questions about the respect for the rights of defence in EU (...)

The Lithuanian Supreme Administrative Court upholds Competition Council’s cartel decision in the shipping sector (Lithuanian Shipbrokers and Agents Association)
European Commission (Brussels)
Court Upholds Competition Council’s Cartel Decision in Shipping Sector* On 4 March 2015, the Supreme Administrative Court confirmed that the Lithuanian Shipbrokers and Agents Association (the Association) and 32 Association members had concluded an anti-competitive agreement. On 8 December (...)

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

The Moscow Arbitration Court confirms the bid-rigging decision pronounced by the Russian Competition Authority concerning an auction for the right to repair street sport-practice grounds (Delta Stroi)
Russian Federal Antimonopoly Service (Moscow)
Cassation Court confirmed a bid-rigging cartel at an auction for the right to repair street sport-practice grounds in the north of Moscow* On 19 February 2015, Moscow Arbitration Court agreed with the arguments put forward by the Federal Antimonopoly Service (FAS Russia) and upheld the (...)

The Higher Regional Court of Düsseldorf upholds a judgment of the Regional Court of Düsseldorf in a cartel in the cement sector (German cement cartel)
White & Case (London)
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Allen & Overy (Hamburg)
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Cartel Damage Claims, a Belgian SPV for the collection of follow-on damages in antitrust litigation, has lost an appeal against six members of the so-called (...)

The Moscow Arbitration Appeal Court confirms the fines imposed on an undertaking in the food markets for abuse of dominance (Lenta)
Russian Federal Antimonopoly Service (Moscow)
Appeal Court confirmed a 2 million RUB fine upon “Lenta”* On 18 February 2015, the 13th Arbitration Appeal Court of St Petersburg and the Leningrad Region confirmed legitimacy of the decision issued by the Office of the Federal Antimonopoly Service in St Petersburg (St Petersburg OFAS Russia) to (...)

The Moscow Arbitration Appeal Court confirms the decision of the Russian Competition Authority in the crab cartel case (Aquaresource-DV)
Russian Federal Antimonopoly Service (Moscow)
Appeal Court upheld the FAS decision on crab auctions* On 17 February 2015, the 9th Arbitration Appeal Court pronounced legitimacy of a decision and determination of the Federal Antimonopoly Service (FAS Russia) dismissing the claim of “Aquaresource-DV” Ltd. “The ruling of the Appeal Court once (...)

The Ontario Superior Court of Justice holds that communications between corporations and the Competition Bureau during the proffer stage of the immunity program or the leniency program should not be protected by settlement privilege (Nestlé Canada)
Norton Rose Fulbright (Toronto)
The Ontario Superior Court of Justice held in R. v Nestlé Canada Inc. that communications between corporations and the Competition Bureau (Bureau) during the proffer stage of the Immunity Program or the Leniency Program should not be protected by settlement privilege. This case has clear (...)

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

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

The UK High Court explains to companies that the only way to challenge an infringement of the Competition Act is an appeal to the CAT and it has to be made in the applicable time limit (Gallaher / Lindum)
St John’s Chambers (Bristol)
United Kingdom: Competition appeals – speak now or forever hold your peace?* It is not uncommon, where a multi-party infringement of competition law has been established and sanctioned by a competition authority for some, but not all, of the addressees of the authority’s decision to appeal that (...)

The US Supreme Court redefines the standard of appellate review for claim construction (Teva)
White & Case (Palo Alto)
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White & Case (Palo Alto)
On January 20, 2015, the United States Supreme Court redefined the standard of appellate review for claim construction. In Teva Pharm. USA, Inc. v. Sandoz, Inc., the Supreme Court vacated well-established Federal Circuit precedent that applied de novo review to all aspects of claim (...)

The US Court of Appeals for the Ninth Circuit upholds the baseball industry’s historic antitrust exemption (City of San Jose)
Paul Hastings (Washington)
Baseball Antitrust Exemption Extends 93-Year Winning Streak In Federal Courts* Although federal courts may consider baseball’s antitrust exemption to make about as much sense as the infield fly rule, last week’s decision by the U.S. Court of Appeals for the Ninth Circuit in City of San Jose v. (...)

The US Court of Appeals for the Seventh Circuit reminds companies that they cannot forum shop (Motorola / AU Optronics)
Siemens (New York)
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Patterson Belknap Webb & Tyler (New York)
Seventh Circuit to Motorola: No Rehearing En Banc* On December 1, 2014, we wrote about the Seventh Circuit’s decision in Motorola Mobility LLC v. AU Optronics Corp., which affirmed dismissal of the vast majority of Motorola’s claims regarding LCD panels. Motorola filed a petition for rehearing (...)

The EU Court of Justice refers a cartel case back to the EU General Court for a ruling on the merits (Parker Hannifin)
Van Bael & Bellis (Brussels)
On 18 December 2014, the Court of Justice of the European Union (“ECJ”) handed down a judgment on an appeal by the European Commission against a judgment of the General Court (“GC”) that reduced the fine imposed on Parker ITR and Parker Hannifin Corp. for participating in the marine hose cartel. (...)

The German Federal Court of Justice upholds the judgement of the Higher Regional Court of Düsseldorf dismissing an administrative fine in an anti-competitive arrangements due to corporate restructuring (Maxit)
Hogan Lovells (Munich)
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Freshfields Bruckhaus Deringer (Berlin)
I. The Facts In 2009, the German Federal Cartel Office (FCO) imposed fines on several companies in the mortar sector (FCO, 24 March 2009, B 1-40/06-U 21). The companies were accused of having participated in anti-competitive agreements on set-up fees for dry mortar silos. Among the companies (...)

The Moscow Arbitration Court confirms that a group of undertakings has concluded an anticompetitive agreement and abused of their dominance (TGK Urissinaskaya GRES)
Russian Federal Antimonopoly Service (Moscow)
Court confirmed FAS decision and recognized that “Volzhsk TGK”, “TGK-6” and “TGK Urissinaskaya GRES” were manipulators* On 11 December 2014, Moscow Arbitration Court supported the decision of the Federal Antimonopoly Service (FAS Russia) on an antimonopoly case against “TGK Urissinaskaya GRES” CJSC (...)

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

The Moscow Arbitration Court confirms that two banking companies have concluded an anticompetitive agreement (Bank PSA / Rusfinance Bank)
Russian Federal Antimonopoly Service (Moscow)
Arbitration Court: obligations of “Rusfinance Bank” under the framework of cooperation with “Bank PSA Finance RUS” are anticompetitive* On 9 December 2014, Moscow Arbitration Court dismissed the claim of “Bank PSA Finance RUS” Ltd. to invalidate FAS decision on an antimonopoly case against “Bank PSA (...)

The US Court of Appeals for the Federal Circuit decides on the reasonableness of licensing royalty for standard-essential patents (Ericsson / D-Link)
Constantine Cannon (Washington)
Reasonableness Of Licensing Royalties Is On Trial As Courts And Standard-Setting Organizations Wrestle With Standard-Essential Patents* The ongoing battle over what constitutes a “reasonable” licensing royalty for standard-essential patents has now been joined by the U.S. Court of Appeals for (...)

The Moscow Arbitration Court rejects the fact that its press release has harmed to the business reputation of an undertaking (Argus-Spektr)
Russian Federal Antimonopoly Service (Moscow)
Cassation Court confirmed that the business reputation of “Argus-Spektr” CJSC was not harmed* On 4 December 2014, Moscow Arbitration Court upheld the rulings of the lower Courts to dismiss the claim of “Argus-Spektr” CJSC to protect the company’s business reputation and recover 1 million RUB from (...)

The US Court of Appeals for the Seventh Circuit holds that it is fair to require foreign subsidiaries of American companies to seek a remedy in the courts of the country in which they choose to incorporate (Motorola / AU Optronics)
Patterson Belknap Webb & Tyler (New York)
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Patterson Belknap Webb & Tyler (New York)
Seventh Circuit Affirms Dismissal of 99% of Motorola’s Claims in LCD Case Based on Motorola’s Lack of Standing* On the day before Thanksgiving—less than two weeks after oral argument—the Seventh Circuit issued its ruling on Motorola’s interlocutory appeal in Motorola Mobility LLC v. AU Optronics (...)

The US Court of Appeals for the Seventh Circuit rules that cellphones manufacturer cannot recover overcharges to its non-U.S. subsidiaries that purchased price-fixed LCD panels abroad (Motorola / AU Optronics)
Quinn Emanuel Urquhart & Sullivan (Brussels)
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Office of the New York State Attorney General (New York)
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Winston & Strawn (Washington)
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Seventh Circuit Court of Appeals ruled that Motorola cannot recover overcharges to its non-U.S. subsidiaries that purchased price-fixed LCD panels abroad, (...)

The Austrian Cartel Court upholds request by the Competition Authority and fines a dairy producer for resale price maintenance (NÖM)
European Commission (Brussels)
Settlement with Dairy Producer* On 26 November 2014, the Cartel Court (29 Kt 60/14) imposed a fine of € 583.200 on NÖM AG, a major Austrian dairy producer for anticompetitive behaviour related to RPM with food retailers regarding certain dairy products between 2007 and 2012. The decision was (...)

The Brussels Commercial Court dismisses EU’s damages claim in lifts and escalators cartel case (Kone / Otis / Schindler / ThyssenKrupp)
Van Bael & Bellis (Brussels)
The Brussels Commercial Court dismisses European Union’s damages claim in lifts and escalators cartel case On 24 November 2014, the Brussels Commercial Court dismissed, for lack of sufficient evidence, the first action for damages ever brought by the European Commission on behalf of the (...)

The US District Court for the Southern District of New York approves a settlement which comprises three different scenarios in a cartel case in the e-books sector (Apple e-books)
DLA Piper Weiss-Tessbach (Vienna)
Apple e-books settlement gets final court approval* On 21 November 2014 US District Judge Denise Cote gave her final approval to a settlement of the Apple e-book class action. The class action against Apple arose from allegations that Apple and five publishers conspired on the publishing (...)

The Paris Court of Appeal partially annuls the French Competition Authority’s decision due to the lack of by object infringement in the packaged flour case (France Farine / Bach Müle)
Magenta (Paris)
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Norton Rose Fulbright (Paris)
In its judgment dated November 20, 2014, the Paris Court of appeal (Court of appeal) partially overturned the decision of the French Competition Authority (FCA) relating to the practices followed in the flour business (Decision). In 2012, certain millers were accused by the FCA of closing the (...)

The German Federal Court of Justice issues a decision on the liability of a parent company for the antitrust offences of its subsidiary (Calcium carbide)
DLA Piper (Cologne)
The German Federal Court of Justice (FCJ) recently issued a decision on the liability of a parent company for the antitrust offences of its subsidiary [FCJ, decision of 18 November 2014, KZR 15/12 - Calcium carbide Cartel II] that will be of particular importance for cases in which the parent (...)

The Moscow Arbitration Court confirms the Russian Competition Authority’s decision which decides on an anticompetitive agreement in the market of auto loans for physical persons (URALSIB / Volkswagen)
Russian Federal Antimonopoly Service (Moscow)
Cassation Court supported FAS in a dispute with “URALSIB” bank and “Volkswagen RUS Bank”* On 18th November 2014, the Federal Arbitration Court of the Moscow District dismissed the cassation appeal of “URALSIB” OJSC to abolish judicial acts that recognized legitimacy of the decision and determination (...)

The US Court of Appeals for the Sixth Circuit upholds the dismissal of price-fixing claims against two home brokerage service firms because circumstantial evidence did not exclude the possibility of independent conduct (Hyland / HomeServices of America)
McDermott Will & Emery (Paris)
On November 13, 2014, the Sixth Circuit Court of Appeals upheld the dismissal of price-fixing claims against two home brokerage service firms in Kentucky, McMahon Co. and HomeService of America, Inc. Hyland, et al. v. HomeServices of America Inc., et al., case number 12-5947. The plaintiffs, (...)

The UK Competition Authority reopens a previously closed OFT hotel online booking investigation (Booking.com)
DLA Piper (London)
Executive Summary: After initially accepting commitments in the hotel online booking investigation, the Office of Fair Trading’s (OFT) decision was quashed by the Competition Appeal Tribunal (CAT). The case was referred back to the Competition and Markets Authority (CMA), who has now re-opened (...)

The US District Court for the Northern District of Texas dismisses with prejudice a class action’s plaintiffs that have not overcome the pleading deficiencies following the first judicial review of their pleadings (OTC Hotel Booking)
Ashurst (Milan)
U.S. District Court for the Northern District of Texas dismissed Second Consolidated Amended Complaint against hotel chains and online travel agencies* On 28 October 2014 the U.S. District Court of the Northern District of Texas dismissed with prejudice a class action against hotel chains and (...)

The Moscow Arbitration Court confirms the bid-rigging decision of the Russian Competition Authority on the case on crab auctions (Aquaresource)
Russian Federal Antimonopoly Service (Moscow)
Arbitration Court supported FAS position on the case on crab auctions* On 27th October 2014, Moscow Arbitration Court dismissed the claim of “Aquaresource- DV” Ltd. to invalidate FAS decision and determination. On 19th February 2014 FAS found that “Aquaresource- DV” Ltd., “Taifun” Ltd., and (...)

The US Supreme Court hears oral arguments before interpreting the state action exemption to the antitrust laws (North Carolina Board of Dental Examiners)
Bona Law (Detroit)
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On October 14, 2014, the Supreme Court will hear oral arguments in North Carolina Board of Dental Examiners v. FTC, the latest in its long line of cases (...)

The Polish Competition Authority upholds the NCA’s decision regarding price fixing within a restaurant franchising network (Sfinx)
Utrecht University
The court of the Competition and Consumers Protection (the Court) upheld the decision of 25 June 2013 of the President of the Polish Office of Competition and Consumers Protection (NCA) stating that Sfinx Polska SA (Sfinx) infringed the art. 6 (1) (1) of the Polish Act on competition and (...)

The Osaka High Court issues an injunction preventing a company from physically blocking independent taxi drivers lining up, acquiring customers and awarded damages in the independent taxi sector (Drivers / Shintetsu)
McDermott Will & Emery (Brussels)
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Anderson Mori & Tomotsune (Tokyo)
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Anderson Mori & Tomotsune (Tokyo)
I. Introduction On 31 October 2014, the Osaka High Court (“Court”) found that Shintetsu engaged in an unfair trade practice in violation of the AMA by physically preventing the Drivers from seeking and acquiring customers at taxicab stands outside two Kobe Electric Railway Co., Ltd’s stations (...)

The Moscow Arbitration Court confirms the decision of the Russian Competition Authority which sanctioned dealers for resale price maintenance (VMZ)
Russian Federal Antimonopoly Service (Moscow)
The Court supported FAS decision with regard to “Vyazma Machine-Building Works” and its dealers* On 1st October 2014, Moscow Arbitration Court dismissed a claim of “Vyazma Machine-Building Works” OJSC (“VMZ” OJSC) and its dealers to invalidate a decision of the Federal Antimonopoly Service (FAS (...)

The Moscow Arbitration Court confirms the fines imposed on several companies for cartel in the market of supplying swai from Vietnam (Russian Fish)
Russian Federal Antimonopoly Service (Moscow)
The Court supported FAS in a case on the cartel for supplying swai from Vietnam* On 1st October 2014, Moscow Arbitration Court confirmed legitimacy of the decision of the Federal Antimonopoly Service (FAS Russia) on a case on anticompetitive agreement on the market of frozen swai imported from (...)

The North-West Arbitration Court confirms the fine imposed on an undertaking for failure to submit information (Argus-Spektr)
Russian Federal Antimonopoly Service (Moscow)
Court confirmed legitimacy of FAS actions* On 30th September 2014, Arbitration Court of North-West District reversed the rulings of the Court of First Instance and Appeal Court and confirmed legitimacy of a 300,000 RUB administrative fine imposed by the Federal Antimonopoly Service (FAS (...)

The UK Competition Appeal Tribunal quashes an OFT decision to accept commitments for failing to inform itself about the possible impact on price transparency of an obvious and clear restriction on disclosure of price information in the online booking sector (Skyscanner)
Ashurst (Milan)
UK Court quashes decision accepting the commitments by OTAs and hotel chain in the online booking sector* Last 26 September, following an appeal by meta-search site Skyscanner, the UK Competition Appeal Tribunal (“CAT”) quashed the decision of the Office of Fair Trading (the “OFT”) to accept (...)

The Moscow Arbitration Court confirms the fine imposed on one tenderer for bid-rigging (MTK)
Russian Federal Antimonopoly Service (Moscow)
Court confirmed the judgment of Moscow OFAS Russia to fine a cartel participant five million RUB* On 22 September 2014, Moscow Arbitration Court supported the determination of Moscow OFAS Russia to fine “MTK” Ltd. over five million RUB for taking part in a cartel. Earlier the Office of the (...)

The Indian Competition Authority initiates investigation in relation to resale price maintenance (Enterprise Solutions/ Hyundai Motor)
Sarvada Legal (New Delhi)
Resale Price Maintenance (RPM) – this word resonates a fascinating and interesting subject for antitrust lawyers the world over for the sheer manner of its application and the way it applies in each fact situation - has once again reached the shores of India and raked up the attention of the (...)

The EU Court of Justice dismisses the final appeal in a case regarding inter-bank card fees (MasterCard)
Constantine Cannon (London)
On 11 September 2014, the Court of Justice of the European Union (“CJEU”) dismissed MasterCard’s final appeal against an antitrust infringement decision of 2007. This judgment finally put an end to a seven-year long legal battle over inter-bank card fees and may have a profound impact on banks, (...)

The EU Court of Justice invites to rethink the approach to pay for delay settlements in its recent case law (Groupement des Cartes Bancaires)
University of East Anglia (Norwich)
European Pharmaceutical Antitrust after Groupment des Cartes Bancaires – Time to Rethink the Approach to Pay For Delay Settlements?* Over the last year the European Commission has stepped up its enforcement efforts against pay for delay settlements. In June 2013 they imposed a fine for the (...)

The EU Court of Justice provides further clarity on when an agreement has the object of restricting competition (Groupement des Cartes Bancaires)
St John’s Chambers (Bristol)
Restrictions by object: duck and elephant hunting with the Court of Justice* Inductive reasoning is sometimes explained by using either the ‘duck test’ (“if it looks like a duck, swims like a duck and quacks like a duck, then it probably is a duck”) or the ‘elephant test’ (“it is difficult to (...)

The EU Court of Justice confirms the ruling of the General Court on multilateral interchange fees (MasterCard)
Studio Legale Scoccini E Associati (Rome)
On September 11, 2014 the Court of Justice handed down its judgment in the multilateral interchange fees (MIFs) case dismissing MasterCard’s final appeal against the European Commission’s decision that ordered MasterCard to withdraw its MIFs. Interchange fees are balancing payments made by the (...)

The EU Court of Justice quashes the General Court judgment for failing to correctly apply the notion of restriction by object (Groupement des Cartes Bancaires)
White & Case (Brussels)
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White & Case (Brussels)
Introduction On 11 September 2014, the Court of Justice (ECJ) rendered its judgment in the Cartes Bancaires case . The ECJ quashed the General Court (GC) judgment for failing to correctly apply the notion of restriction by object. The Cartes Bancaires contains two key messages: first, the (...)

The EU Court of Justice annuls a judgment of the General Court which held that certain pricing measures adopted restricted competition ‘by object’ (Groupement des Cartes Bancaires)
Covington & Burling (Brussels)
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Glimstedt & Partners
The Court of Justice of the European Union (“Court of Justice”) sets aside the judgment of the General Court of the European Union (General Court) by which it confirmed the European Commission’s (“Commission”) decision finding an anticompetitive practice in the Groupement des cartes bancaires v (...)

The Moscow Arbitration Court confirms the bid-rigging decision pronounced by the Russian Competition Authority (Aprel)
Russian Federal Antimonopoly Service (Moscow)
Arbitration Court once again supported FAS bid-rigging decision* Moscow Arbitration Court dismissed the claim of “Regional Centre for Rehabilitation Means” Ltd., “Aprel” Ltd. and “Predgorie Kazkaza” Trading House” Ltd. to invalidate FAS decision on an antimonopoly case. On 12th November 2013, the (...)

The EU Court of Justice partially upholds an appeal with regard to the calculation of the fine and substantially reduced the fine (YKK)
Van Bael & Bellis (Brussels)
On 4 September 2014, the Court of Justice of the European Union (“ECJ”) handed down its judgment on appeals brought by YKK Corporation, YKK Holding Europe BV and YKK Stocko Fasteners (jointly referred to as “YKK”) against a judgment of the General Court (“GC”) dismissing their appeals against the (...)

The EU Court of Justice confirms that the maximum 10 per cent fine applies to non-infringing parent companies based exclusively on the subsidiary’s turnover in a cartel operating on the market for zips and other fasteners (YKK)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
CJEU RULES MAXIMUM CARTEL FINE APPLIES ONLY TO INFRINGING SUBSIDIARY TURNOVER AND REDUCES FINE BY €17 MILLION* On 4 September 2014, the Court of Justice of the European Union (CJEU) confirmed that the maximum fine of 10 per cent of turnover imposed on the infringing subsidiary of a (...)

The Moscow Arbitration Court confirms the decision of the Russian Competition Authority sanctioning a cartel on the fish caught market (Pollock)
Russian Federal Antimonopoly Service (Moscow)
Cassation Court confirmed legitimacy of FAS decision on the Pollock cartel* On 19th August 2014, the Federal Arbitration Court of the Moscow District supported the judgment of Moscow Arbitration Court and the ruling of the 9th Arbitration Appeal Court that had pronounced legitimacy and (...)

The Moscow Arbitration Appeal Court confirms the decision of the Russian Competition Authority sanctioning a tenderer for bid rigging (Rosgosstrakh)
Russian Federal Antimonopoly Service (Moscow)
Appeal Court supported the antimonopoly authority in a dispute with Rosgosstrakh* The 10th Arbitration Appeal Court (Moscow) confirmed legitimacy of a determination issued by Saratov OFAS and a decision made by FAS Russia on a case against “Rosgosstrakh” Ltd. Earlier Saratov OFAS considered a (...)

The Moscow Arbitration Court confirms the decision of the Russian Competition Authority concerning a bid-rigging case at an auction for allocating crab-catching quotas (TD DMP)
Russian Federal Antimonopoly Service (Moscow)
Crab catchers have bitten at collusion* The Federal Arbitration Court of the Far East District fully reversed the rulings of Appeal Court invalidating the decision of Primorie OFAS on a bid-rigging case at an auction for allocating crab-catching quotas. The open auction on fixing quotas for (...)

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

The EU Court of Justice annuls the Commission’s decision regarding the liability of a parent for the infringement of competition law by its subsidiary and by a partially owned joint venture (RWE)
Covington & Burling (Brussels)
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Liège University
I. The Parties RWE AG is part of the RWE group with its main activities in the energy supply sector (gas exploration, electricity production, trading, and retail and grid activities). Regarding the activities in the paraffin waxes, RWE group is not currently active on this market due to the (...)

The US Court of Appeals for the Ninth Circuit affirms a $500 million fine against a Taiwanese electronics manufacturer for conspiring to fix prices of thin-film transistor-liquid crystal display (AU Optronics)
Wolters Kluwer (Riverwoods)
Convictions, $500 Million Fine Upheld in Price Fixing Case Against AU Optronics; Foreign Trade Antitrust Improvements Act No Bar* The U.S. Court of Appeals in San Francisco last week upheld the price fixing convictions of Taiwanese electronics manufacturer AU Optronics (AUO), its U.S. (...)

The US Court of Appeals for the Seventh Circuit agrees to rehear the appeal dismissing an antitrust claim under FTAIA in a lawsuit alleging price-fixing of LCD modules (Motorola Mobility / AU Optronics)
GeyerGorey (Washington)
Seventh Circuit Panel to Rehear Motorola Mobility v. AU Optronics: A Preview of Some of the FTAIA Issues in Component International Price Fixing Cases* The Seventh Circuit has decided to rehear the appeal from a judgment dismissing nearly Motorola’s entire $3.5 billion antitrust claim against (...)

The EU Court of Justice upholds the expansive geographic reach of a Commission dawn raid decision in a cartel investigation (Nexans)
Jones Day (Brussels)
,
Jones Day (Brussels)
The European Court of Justice (ECJ) has upheld the expansive geographic reach of a European Commission dawn raid decision in the electric cables cartel investigations. Nexans, one of ten companies being investigated, had argued that the geographic scope was overbroad and provided an (...)

The Moscow Arbitration Court confirms the decision of the Russian Competition Authority having fined an undertaking for bid-rigging (Rosta)
Russian Federal Antimonopoly Service (Moscow)
Cassation Court confirmed legitimacy of fining “Rosta” CJSC 201 million RUB* On 19th June 2014, the Federal Arbitration Court of the Moscow District dismissed a cassation appeal of “Rosta” CJSC to abolish a determination of the Federal Antimonopoly Service (FAS Russia) that had held the company (...)

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

The Athens Administrative Court of Appeals totally annuls a fine imposed by the Hellenic Competition Commission based on mitigating factors (Unilever Hellas)
Prentoulis Gerakini Law Partnership (Athens)
On June 2014, the Athens Administrative Court of Appeals issued decision number 3807/2014 annulling a fine imposed by the Hellenic Competition Commission (HCC) on Unilever Hellas for engaging in conduct to restrict parallel imports. Brief History In short, the HCC, in the context of an ex (...)

The Australian Competition Authority files an application seeking to challenge compulsory examination notices being part of an antitrust investigation into allegations of cartel conduct regarding a tender process for an exploration mining licence (Paul and Moses Obeid)
Australian Competition and Consumer Commission (Canberra)
Moses and Paul Obeid issue court challenge to ACCC examination notices* In response to media inquiries, the ACCC confirms that an application has been filed in the Federal Court of Australia which seeks to challenge compulsory examination notices issued by the ACCC to Paul and Moses Obeid (...)

The US Court of Appeals for the Second Circuit rejects antitrust claims finding that the injury preceded any domestic effect in the causal chain (Lotes / Hon Hai Precision Industry)
Wolters Kluwer (Riverwoods)
Second Circuit Clarifies Application of Foreign Trade Antitrust Improvements Act* The U.S. Court of Appeals in New York City on June 4 ruled that the Foreign Trade Antitrust Improvements Act (FTAIA) barred the antitrust claims of a Taiwanese electronics manufacturing company with facilities in (...)

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

The Romanian Supreme Court of Justice and Cassation upholds Competition Authority’s decision on bid rigging in gas sector (Moldocor / T.M.U.C.B.)
European Commission (Brussels)
Romania: The Romanian Courts uphold Authority’s Decision on Bid Rigging in Gas Sector* In a ruling of June 2014, the Supreme Court of Justice and Cassation (SCJC) confirmed a 2012 decision of the Romanian Competition Council which found that S.C. Moldocor S.A. (Moldocor) had rigged bids in (...)

The EU Court of Justice dismisses appeals the in industrial bags cartel case (FLSmidth / Plasticos Espanoles)
Van Bael & Bellis (Brussels)
In judgments handed down on 30 April and 22 May 2014, the European Court of Justice (ECJ) dismissed appeals brought by FLSmidth, Plasticos Españoles SA (ASPLA) and ASPLA’s parent company Armando Álvarez (Álvarez) against earlier General Court (GC) judgments in the industrial bags cartel case. In (...)

The Indian Competition Appellate Tribunal dismisses appeals concerning an abuse of dominant position (DLF)
Trilegal (Mumbai)
The article examines some of the key interpretational issues arising from the Competition Appellate Tribunal’s (“COMPAT”) decision which dismissed the appeals filed by M/s. DLF Ltd. (“DLF”), against the Competition Commission of India (“CCI”) . DLF had filed this appeal challenging the orders of the (...)

The EU Court of Justice dismisses the appeal in a price-fixing and market-sharing cartel (1. garantovaná)
Van Bael & Bellis (Brussels)
On 15 May 2014, the European Court of Justice (ECJ) dismissed an appeal brought by 1. garantovana against a General Court (GC) judgment which upheld a 2009 Commission decision in the calcium and magnesium reagents cartel. In 2009, the Commission adopted a decision imposing fines totalling € (...)

The French Court of Appeal upholds an appeal against a fine imposed by the French competition authority for price fixing in the endive market (CERAFEL)
University of New South Wales (Sydney)
This article was originally published on In Competition by King & Wood Mallesons (click here). Lettuce leaf them alone Last month, the French Court of Appeal upheld an appeal against a fine imposed by the French competition authority for price fixing in the endive market. The endive (...)

The EU General Court reduces the fine imposed by the Commission to several undertakings participating to a cartel in the chemistry sector (Donau Chemie)
Van Bael & Bellis (Brussels)
On 14 May 2014, the General Court (GC) handed down a judgment reducing the fine imposed by the Commission on Donau Chemie in the calcium and magnesium reagents cartel. In its decision of 22 July 2009, the Commission had imposed fines totalling € 61 million on nine undertakings for having (...)

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

The Australian Federal Court orders by consent payment of penalties for involvement in cartel conduct in relation to the price of bearings (Nachi / Koyo)
Australian Competition and Consumer Commission (Canberra)
$3 million penalty for bearings cartel conduct* The Federal Court has today ordered by consent that NSK Australia Pty Ltd (NSK Australia) pay total penalties of $3 million for its involvement in cartel conduct in relation to the price of bearings in Australia, in proceedings brought by the (...)

The Australian Competition Authority lodges a cross-appeal in relation to a judgment of the Federal Court ordering penalties for attempt to enter into anti-competitive arrangements with three international airlines (Flight Centre)
Australian Competition and Consumer Commission (Canberra)
ACCC cross-appeals penalty judgment against Flight Centre* The Australian Competition and Consumer Commission has on 8 May 2014 lodged a cross-appeal in relation to a penalty judgment of the Federal Court on 28 March 2014 ordering Flight Centre Limited (Flight Centre) to pay penalties (...)

The Lazio Regional Administrative Tribunal quashes the decision by which the Italian Competition Authority has sanctioned companies for illicit coordination and annuls the fines imposed (Moby / GNV / SVAV)
Poste Italiane (Rome)
By its decision of 14 June 2013, the Italian Competition Authority (“ICA”) found that in the summer of 2011 the main companies operating passenger ferry services between Italy and Sardinia - namely Moby S.p.A. (“Moby”), GNV and SVAV (together with Moby, “the Companies”) - reached a common (...)

The Italian Administrative Court of First Instance annuls the decision of the Italian Competition Authority that fined ferry operators for a concerted practice because it failed to meet the burden of the proof (Moby / GNV / SNAV / Marinvest)
Studio Legale Scoccini E Associati (Rome)
On 7 May 2014 the administrative court of first instance with jurisdiction on antitrust cases (TAR Lazio) annulled the decision of the Italian Competition Authority (ICA) . The ICA had fined ferry operators Moby, GNV and SNAV and Marinvest - the holding company of the latter two -, after it (...)

The EU Court of Justice rules on the matter of joint and several liability in relation to the fines imposed on the GIS cartel (Siemens)
European Ombudsman (Strasbourg)
Case C-231/11 P and C-233/11 P European Commission v Siemens AG Österreich a.o. – Joint and several liability* The Court of Justice (“CoJ”) gave on 10 April 2014 its judgment on appeal in the gas insulated switchgear case C-231/11 P. The dispute concerns a cartel relating to the sale of gas (...)

The Lithuanian Supreme Administrative Court returns a case to the Competition Authority for additional investigations (G4S)
SKVLAW (Vilnius)
On April 8th, 2014, The Lithuanian Supreme Administrative Court made a judgement in a case concerning cash-in transit and cash handling services . Because of some understated material in previous decisions the Court had returned the case to the Competition Council of the Republic of Lithuania (...)

The Lithuanian Supreme Administrative Court annuls the fines imposed by the Competition Council on the banks(G4S)
Lithuanian Competition Authority (Vilnius)
G4S agreements with banks restricted competition* The Supreme Administrative Court of Lithuania (the Court) confirmed that the agreements concluded between UAB G4S Lietuva (G4S) and the banks, namely, AB SEB bank (SEB), Swedbank, AB (Swedbank) and AB DNB bank (DNB), restricted competition (...)

The Lithuanian Supreme Administrative Court approves the decision that a national professional association and 32 association members entered into an anticompetitive agreement on the application of minimum tariffs for shipping agency services (Lithuanian Shipbrokers and Agents Association)
Lithuanian Competition Authority (Vilnius)
Supreme Administrative Court upholds competition council‘s decision to sanction Shipping Agency Companies* On 7 April, the Supreme Administrative Court of Lithuania (the Court) approved the Competition Council‘s (the KT) decision concluding that Lithuanian Shipbrokers and Agents Association (the (...)

The Delhi High Court halts the Indian Competition Authority’s investigation of a dominant equipment manufacturer due to a jurisdiction challenge (JCB)
Vaish (New Delhi)
Delhi High Court stays commission investigation into JCB* The Competition Commission has initiated an investigation into JCB India Ltd and JC Bamford Exavators Ltd for alleged abuse of dominance pursuant to information filed by Bull Machines Pvt Ltd. In November 2011 JCB alleged before the (...)

The Indian Competition Appellate Tribunal reverses the Indian Competition Authority’s decision to fine a dominant glass tube manufacturer (Kapoor Glass / Schott Glass India)
Vaish (New Delhi)
COMPAT sets aside commission’s order in Schott Glass case* By way of its order dated April 2 2014, the Competition Appellate Tribunal (COMPAT) set aside the Competition Commission’s findings against Schott Glass. In March 2012 the commission imposed a fine of Rs56.6 million on Schott Glass for (...)

The Russian Supreme Arbitration Court refuses to transfer a claim in a case on bid-rigging at an auction for supplying anti-tuberculosis drugs (Medical Leasing Consulting)
Russian Federal Antimonopoly Service (Moscow)
The Supreme Arbitration Court of the Russian Federation drew a line in a case on bid-rigging at an auction for supplying anti-tuberculosis drugs* On 31st March 2014, the Supreme Arbitration Court of the Russian Federation refused to transfer a claim of “Medical Leasing Consulting” Ltd. to the (...)

The Australian Federal Court imposes fines on a travel agency for repeatedly attempting to enter into anti-competitive arrangements with three international airlines (Flight Centre)
Australian Competition and Consumer Commission (Canberra)
$11 million penalties imposed on Flight Centre* The Federal Court has today made declarations and ordered that Flight Centre pay penalties totalling $11 million for repeatedly attempting to enter into anti-competitive arrangements with three international airlines to eliminate differences in (...)

The Canadian Supreme Court of British Columbia certifies a class action subject to a requirement for the plaintiff to redraft pleadings in order to conform to several key court holdings (Watson / Bank of America)
Steve Szentesi Law Corporation (Vancouver)
BC Court Certifies Visa/MasterCard Conspiracy Class Action* In an interesting and important decision issued late last week, the British Columbia Supreme Court has certified a Competition Act class action against Visa Canada Corporation, MasterCard International Inc. and a number of major banks (...)

The US Court of Appeals for the Seventh Circuit affirms dismissal of antitrust claims under FTAIA in a lawsuit alleging price-fixing of LCD modules (Motorola Mobility / AU Optronics)
Sheppard Mullin (San Francisco)
Seventh Circuit Affirms Dismissal of Motorola’s LCD Antitrust Claims Based on Foreign Purchases* On March 27, in the latest major development in Motorola Mobility’s lawsuit alleging price-fixing of liquid crystal display modules (LCDs), a three-judge panel of the Seventh Circuit, including (...)

The Spanish National Court clarifies that associations can submit cost reports to the administration in the context of regulated tariffs (SEDIGAS / AOGLP)
Baker McKenzie (Madrid)
The Spanish National Court (Audiencia Nacional, "AN") issued two judgments on 10 and 14 March 2014 annulling the Decision of the Spanish National Competition Commission (Comisión Nacional de la Competencia, "CNC") dated 30 July 2012 imposing fines on two trade associations operating in the gas (...)

The Portuguese Competition Authority affirms decision imposing a fine on the business forms cartel (Contiforme)
Abreu Advogados (Lisbon)
Following the Portuguese Competition Authority (PCA) decision dated 19 December 2012 imposing a total EUR 1,797,978.51 fine on four companies of the graphic industry - Contiforme, Soluções Gráficas Integradas, S.A.; Copidata, S.A., (Copidata); Formato, Formulários Múltiplos Comerciais, S.A., and (...)

The US Supreme Court grants petition in a case concerning alleged exclusion of non-dentists from offering tooth-whitening services (North Carolina Board of Dental Examiners)
Orrick, Herrington & Sutcliffe (San Francisco)
U.S. Supreme Court to Decide When Professional Licensing Bodies Have Antitrust Immunity* The state action immunity doctrine shields private actors from antitrust liability if their activities are actively supervised by a state. But arms of the state itself generally don’t have to satisfy the (...)

The US Court of Appeals for the Ninth Circuit upholds a lower court’s judgement dismissing claims of conspiracy to restrain trade and attempted monopolization on the market for prosthetic microprocessor knees (DAW Industries / Hanger Orthopedic)
Sheppard Mullin (San Francisco)
Ninth Circuit Once Again Affirms That Malicious Actions To Destroy A Competitor Do Not State An Antitrust Claim Unless Accompanied By Injury To Competition* On February 24, 2014, the Ninth Circuit Court of Appeals affirmed the lower court’s grant of summary judgment dismissing DAW Industries’ (...)

The UK Court of Appeal overturns Competition Appeal Tribunal’s judgement and completes its analysis in a case regarding sport broadcasting (BT / BskyB)
Manchester University
Summary of the case In BT v BSkyB, the Court of Appeal (CoA) found that the Competition Appeal Tribunal (CAT) had erred in law by not including the cable rate-card price issue into its analysis. The CoA allowed the appeal by BT and Ofcom. It was necessary to deal more fully the cable (...)

The Düsseldorf Higher Regional Court fines €55 million on the matter liability in connection with reorganization measures (Melitta)
German Competition Authority (Bonn)
Düsseldorf Higher Regional Court confirms fines against Melitta* On 10 February 2014 the Düsseldorf Higher Regional Court imposed a fine of 55 million euros on Melitta Europa GmbH & Co. KG, confirming the Bundeskartellamt’s fines decision of 21 December 2009 (see Press release of (...)

The EU General Court rules on an appeal by Spanish petrol station associations against a Commission’s decision rejecting their complaint alleging anticompetitive practices (CEEES / AGES)
Justinian Lawyers Belgium (Brussels)
I. Facts The Confederación Española de Empresarios de Estaciones de Servicio (hereafter “CEEES” ) and the Asociación de Gestores of Estaciones de Servicio (hereafter “AGES” ) claimed the annulment of a Decision of the Commission of 28 April 2013 (hereafter “the contested decision”) rejecting their (...)

The Lisbon Court of Appeal confirms fines for resale price maintenance relating to dairy products in the ’horeca’ sector (Lactogal)
New University of Lisboa - Faculty of Law
In July 2012, the Portuguese Competition Authority (PCA) found that Lactogal infringed the national provision equivalent to Article 101 TFEU in several markets for distribution and sale of dairy products in the hotel, restaurant and café (or hotel and catering) sector. Specifically, the PCA (...)

The EU Advocate General Kokott delivers her opinion on civil liability of cartel members for umbrella pricing (Kone / Otis / Schindler / ThyssenKrupp)
University College London
On 30 January 2014 Advocate General Kokott delivered her Opinion on the Case C-557/12 Kone and others. This case concerns a claim for compensation brought by the customer of an undertaking not party to a cartel, against the cartel members on the ground that the non-infringing party had (...)

The EU Advocate General Mengozzi proposes to the Court of Justice to uphold the Commission’s decision prohibiting multilateral interchange fees (Mastercard)
Ramón y Cajal (Madrid)
Background information In its Decision of 19 December 2007 the Commission prohibited Mastercard’s multilateral interchange fees (MIF) that apply to cross-border payments with MasterCard and Maestro-branded consumer credit and debit cards between Member States of the European Economic Area (...)

The Paris Court of Appeal dismisses an appeal brought by the French Competition Authority and rejects the claim that the sanction violated the prohibition on double jeopardy (Unilever / Henkel / Procter & Gamble / Colgate Palmolive)
Engie (Paris)
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Norton Rose Fulbright (Paris)
On 30 January 2014, the Paris Court of Appeal (Court of Appeal) dismissed the appeals brought against the decision of the French Competition Authority (FCA) in the consumer detergents sector, by confirming that the infringements sanctioned by the European Commission (Commission) and the FCA (...)

The Lisbon Court of Appeal confirms fines against a professional association for anticompetitive practices in the training market (OTOC)
New University of Lisboa - Faculty of Law
In July 2007, the Portuguese Order of Chartered Accountants (OTOC), legally entrusted with regulating the activities of chartered accountants in Portugal, adopted a binding regulation concerning a mandatory training system, aimed at guaranteeing the quality of these professional services. Under (...)

The Romanian Competition Authority finds an infringement of Art. 101 TFEU in the market for the sale of electric and electronic equipment (ROREC)
European Commission (Brussels)
Romania: Fines imposed for Anti-competitive Conduct in Buy-Back Campaigns in Market for Sale of Electric and Electronic Equipment* In January 2014, the Romanian Competition Council (CC) adopted a decision finding an infringement of Article 101 TFEU and Article 5 (1) of the national (...)

The Slovakian Supreme Court upholds decisions of antimonopoly office in construction cartel case (Strabag / Doprastav)
European Commission (Brussels)
Slovakia: The Supreme Court upholds Decisions of Antimonopoly Office in Construction Cartel Case* On 30 December 2013, the Supreme Court of the Slovak Republic (Supreme Court) annulled the judgment of the Regional Court Bratislava, which in December 2008 had annulled the decisions of the (...)

The Czech Administrative Supreme Court deals with succession of liability for competition law offences (Sokolovska uhelna)
Skils (Prague)
On 30 December 2013, the Supreme Administrative Court cancelled the judgment of Regional Court in Brno (as well as the preceding decision of the Chairman of the Czech Office for protection of competition) in the case regarding anticompetitive export prohibitions included in agreements between a (...)

The Dutch Supreme Court confirms that extending the nullity coming from an exclusive purchase clause to the entirety of an agreement would lead to undertakings in the filling station sectors to lose all of their rights under the exploitation agreement (BP / Benschop)
Maastricht University
Case summary An exploitation agreement for a filling station contained an exclusive purchase clause which infringed Article 6 Dutch Competition Act, the national equivalent of Article 101 TFEU. The Court of Appeal decided that only the exclusive purchase clause was void; the voidness did not (...)

The Australian Federal Court orders by consent the payment of $2.2 million in penalties for engaging in resale price maintenance for branded air conditioning products (Mitsubishi Electric)
Australian Competition and Consumer Commission (Canberra)
Mitsubishi Electric Australia to pay $2.2 million for resale price maintenance* The Federal Court of Australia has ordered by consent that Mitsubishi Electric Australia Pty Ltd (Mitsubishi Electric) pay $2.2 million in penalties for engaging in resale price maintenance. Resale price (...)

The Swiss Federal Administrative Court upholds fines imposed by the Competition Authority to a toothpaste manufacturer and licensor and its distributor and licensee for prohibiting parallel imports from Austria to Switzerland (Gaba International)
Bourgeois Avocats (Lausanne)
Background and Court decision Back in 2009, the Swiss Competition Commission (COMCO) hit Gaba International AG – an undertaking part of the Colgate-Palmolive Group and manufacturer of the toothpaste brands Elmex and Meridol – with a CHF 4.8 mio (about EUR 3.9 mio) fine for restricting passive (...)

The Polish Court of Competition and Consumer Protection upholds the Competition Authority’s decision in cement cartel case (Górażdże Cement)
European Commission (Brussels)
Poland: The Court of Competition and Consumer Protection upholds UOKiK’s Decision in Cement Cartel Case* On 13 December 2013, the Court of Competition and Consumer Protection (SOKiK) confirmed the decision of the President of the Office of Competition and Consumer Protection (UOKiK) uncovering (...)

The Australian Federal Court finds that a travel agent attempted to induce certain airlines to make collusive arrangements with it in relation to retail air fares for international air travel (Flight Centre)
Australian Competition and Consumer Commission (Canberra)
Federal Court finds that Flight Centre attempted to enter into illegal arrangements with airlines* The Federal Court has held that on 6 occasions Flight Centre attempted to enter into arrangements with airlines which sought to eliminate differences in air fares so as to fix, control or (...)

The Austrian Supreme Court implements the Court of justice’s preliminary ruling according to which liability for infringing Article 101 TFEU is independent of the existence of an error regarding the lawfulness of the conduct (Schenker)
European Court of Justice (Luxembourg)
Background The present case concerns the so-called Spediteurs-Sammelladungs-Konferenz (Freight Forwarding Agents Consolidated Consignment Conference), a multilateral price-fixing agreement between transport companies covering tariffs for domestic consolidated transport throughout Austria. In (...)

The EU Court of Justice dismisses the appeal while establishing that a claim for compensation for damages arising from the General Court’s failure to adjudicate within a reasonable time must be brought before the General Court itself (Gascogne)
Garrigues (Brussels)
The Groupe Gascogne Judgment (see both sides of the story)* Last week I wrote a post about the Groupe Gascogne Judgment (and other stuff) which has elicited some interest. Somehow oddly, I will now present counter-arguments against all those who… actually agreed with me. Given that I wrote (...)

The EU Court of Justice rules on the matter of appropriate remedy for infringements of the right to have the case adjudicated within a reasonable time (Kendrion / Gascogne)
University of Leiden
The recent landmark cases on the reasonable time requirement: Is the Court caught between Scylla and Charybdis?* In the landmark cases Kendrion, Gascogne and Gascogne Germany the CJEU clarified some important procedural issues related to infringements of the reasonable time requirement. The (...)

The Polish Court of Competition and Consumer Protection confirms the National Competition authority’s decision on multilateral interchange fees (Visa / MasterCard)
European Commission (Brussels)
Poland: The Court of Competition and Consumer Protection confirms UOKiK’s Decision on Multilateral Interchange Fees* On 21 November 2013, the Court of Competition and Consumer Protection (SOKiK) confirmed the decision of the President of the Office of Competition and Consumer Protection (...)

The Australian Federal Court dismisses proceedings alleging the violation of price fixing prohibition in the loan arrangement services market (ANZ)
Australian Competition and Consumer Commission (Canberra)
ANZ found not to have breached price fixing provisions* The Federal Court has today dismissed proceedings brought by the Australian Competition and Consumer Commission alleging that Australian and New Zealand Banking Group Limited (ANZ) had breached the price fixing provisions of the Trade (...)

The Australian Competition Authority appeals against a recent decision dismissing cartel allegations as regards to fixing home loan fees (ANZ)
Australian Competition and Consumer Commission (Canberra)
ACCC appeals ANZ Bank decision* The Australian Competition and Consumer Commission (ACCC) has appealed against the recent decision by Justice Dowsett in the Federal Court dismissing the ACCC’s allegations that Australia and New Zealand Banking Group Limited (ANZ) had breached the price fixing (...)

The Australian Federal Court dismisses allegations of price fixing in the market for loan arrangement services finding that the parties were not in competition with each other (ANZ)
King & Wood Mallesons (Sydney)
ANZ gets home on defending price fixing claims* A longstanding dispute between the ANZ and the ACCC has finally been resolved, with the Federal Court dismissing the allegations of the ACCC in a decision handed down by Justice Dowsett on Monday 18 November 2013. Background Facts In 2007 the (...)

The German Supreme Court rejects an appeal against an order from a Lower Court awarding damages because of losses suffered due to an anticompetitive clause in an agreement (Dornbracht)
Quinn Emanuel Urquhart & Sullivan (Brussels)
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Shearman & Sterling (London)
,
Reed Smith (Brussels)
The luxury bathroom fittings manufacturer Dornbracht has lost its appeal to the German Supreme Court against an order from a lower court awarding damages of €820,000 to a retailer because of losses suffered due to an anticompetitive clause in Dornbracht’s distribution agreements. The case is (...)

The UK CAT rules that antitrust findings regarding the copper plumbing tubes cartel did not support the intent to injure required for a conspiracy claim brought under section 47A of the Competition Act (W.H. Newson / IMI)
London School of Economics and Political Science
Conspiracy, the CAT, and the Court of Appeal: “Here is a case unprecedented” (The Gondoliers, Act 2)* In W.H. Newson Holding Limited & ors v IMI plc & ors [2013] EWCA Civ 1377, the Court of Appeal has made some important new law regarding the scope of section 47A of the Competition Act (...)

The Canadian Supreme Court clears the way for indirect purchaser competition class action related to compensation for harm caused by inflating the price of microchips (Infineon / Pro-Sys / Sun-Rype)
Steve Szentesi Law Corporation (Vancouver)
Canadian Supreme Court Clears the Way for Indirect Purchaser Competition Class Actions: Reason and Clarity Prevail in Previously Muddled Area* Earlier today the Supreme Court of Canada (“SCC”) released three long-awaited companion judgments that finally create clarity and certainty in the area (...)

The Canadian Supreme Court allows indirect purchaser claims for a cartel infringement in the market for processor compatible software (Infineon / Pro-Sys / Sun-Rype)
Davies Ward Phillips & Vineberg (Toronto)
Supreme Court of Canada Allows Indirect Purchaser Claims* Note: On October 31, 2013, Canada’s Supreme Court issued important decisions regarding the scope of private claims for civil damages under the Competition Act. Below is a note prepared by Davies Ward Phillips & Vineberg on these (...)

The Canadian Supreme Court rejects the passing-on defence in relation to price fixing in the market for compatible PC software (Pro‑Sys Consultants / Microsoft)
Blackstone Chambers (London)
Canadian Supreme Court: No such thing as passing on defence* On Thursday last week the Supreme Court of Canada handed down three much-anticipated judgments concerning indirect purchaser claims. The trio of cases point towards a distinctive, and in many respects more claimant-friendly, approach (...)

The EU Court of Justice upholds the fines imposed by the Commission on the largest manufacturer of elevators and escalators for its participation in a cartel (Kone)
Justinian Lawyers Belgium (Brussels)
I. Facts During the summer of 2003, the Commission received information about the possible existence of an agreement between the major European manufacturers of elevators and escalators within the European Union: Kone, Otis, Thyssen and Schindler. In early 2004, the Commission conducted (...)

The Spanish High Court considers that the Competition Authority has erred in considering that an individual’s public statements amount to a collective price recommendation (CEOE)
Cuatrecasas, Goncalves Pereira (Barcelone)
On October 15, 2013, the Spanish High Court issued judgment 4581/2013 regarding Mr. Gaspart’s appeal against the decision of the Comisión Nacional de la Competencia (Spanish Competition Commission, “CNC”), of September 26, 2012. The High Court considered that the CNC had erred in considering that (...)

The Paris Court of Appeal fully endorses the application by the French competition authority of its fining guidelines (Nestle Purina Petcare / Royal Canin / Hill’s Pet Putrition)
Herbert Smith Freehills (Paris)
Introduction The Paris Court of Appeal reviewed and rejected an appeal against the decision of the French competition authority (the ADLC) sanctioning vertical restraints in the cat and dog food market. The Court upheld the ADLC’s decision finding various anticompetitive practices on the market (...)

The Italian Regional Administrative Court of First Instance annuls the National Competition Authority’s decision concerning a cartel in the road barriers market (Marcegaglia)
Lipani Catricalà & Partners (Rome)
*Italian antitrust administrative case law. Overview of all decisions from October to December 2013 (Third contribution) 1. Premise – This work is part of a project (hereinafter, the “Project”) aimed to offer a general, quarterly overview of all the decisions of Italian administrative courts, (...)

The EU Court of Justice acknowledges that two companies can independently from each other exercise decisive influence over their joint venture (Dow Chemical)
Blackstone Chambers (London)
A family affair: parental liability for joint ventures* It is trite law that a parent company will be liable for antitrust infringements committed by a subsidiary where the parent exercises “decisive influence” over the conduct of the subsidiary. Earlier this year the Court of Justice of the (...)

The French Civil Supreme Court misinterprets the Pierre Fabre ECJ jurisprudence and quashes a distribution agreement provision on the basis of Article 101 TFEU (Pierre Fabre Dermo / Cosmétique)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
In a decision issued on September 24, 2013, the French Court of Cassation decided a case about vertical restraints involving Pierre Fabre dermo-cosmétique (PFDC) and three of its distributors: Caribéenne de diététique et santé (CDS), Compagnie de diététique du marin (CDM) and Martinique alimentation (...)

The Chilean Supreme Court decreases fines imposed by the Competition Tribunal in an international cartel in the market for refrigerators compressors (Tecumseh)
Chilean Competition Tribunal (Santiago)
On September 24th, 2013, the Chilean Supreme Court issued its judgment on Tecumseh. The Competition Tribunal (“TDLC”) had ruled the case on June 14th, 2012 (sentence 122/2012), condemning Whirpool S.A. for colluding with other firms during 2005-2008, with the aim of fixing prices on the market of (...)

The US District Court for the Northern District of California certifies class action lawsuit alleging price fixing in the market for cathode ray tubes clarifying that for class certification the plaintiffs need only show that common questions predominate over questions affecting only individual members (CRT)
McDermott Will & Emery (Chicago)
On September 24, 2013, the Northern District of California certified a class of indirect purchasers in In re Cathode Ray Tube Antitrust Litig., No. 3:07-cv-5944 SC, 2013 WL 5391159 (N.D. Cal. September 24, 2013). The case was brought by indirect purchasers of products containing cathode ray (...)

The Bulgarian Supreme Court dismisses mere price parallelism as a form of concerted practice in the absence of compelling evidence of such (Travel Agencies)
Kinstellar (Sofia)
The Bulgarian Supreme Administrative Court (the “SAC”) held that price parallelism in and of itself – absent evidence of coordination – did not constitute an anticompetitive concerted practice. 1. The alleged infringement In a decision of March 2012, the Bulgarian Commission for the Protection of (...)

The US Court of Appeals for the D.C. Circuit Court questions the FCC on ’Net Neutrality’ suggesting antitrust framework (Verizon)
International Center for Law & Economics (Portland)
,
International Center for Law & Economics (Portland)
One of the most-anticipated cases of the year heard oral argument on September 9. Verizon appealed the FCC’s Open Internet Order (the agency’s Net Neutrality rules) to the D.C. Circuit. The case raises a number of interesting questions about competition policy, specifically, the interplay (...)

The Shanghai Higher Court decides on the first private antitrust action involving vertical agreements (Rainbow / Johnson & Johnson)
AnJie Law (Beijing)
On August 1 2013, Shanghai People’s High Court (the Court) handed down judgment on the first private antitrust action involving vertical agreements under the minimum resale price maintenance (RPM) clause of China’s Anti-monopoly Law (AML). The Court rescinded the judgment of the first instance (...)

The Shanghai Higher Court and one of China’s antitrust regulators issue decisions that resale price maintenance violated China’s Anti-Monopoly Law (Rainbow / Johnson & Johnson)
Jones Day (Beijing)
,
Gibson Dunn (Hong Kong)
,
Jones Day (Beijing)
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Within the same week, the Shanghai Higher Court and one of China’s antitrust antitrust regulators have issued decisions that resale price maintenance ("RPM") (...)

The Portuguese Competition, Regulation and Supervision Court declare cartel offence to be time-barred but uphold decision imposing fines on information exchange infringement (Canteen Cartel)
Abreu Advogados (Lisbon)
Following the Portuguese Competition Authority (PCA) decision dated 30 December 2009 imposing a total EUR 14,720,283.27 fine on five undertakings operating on the Portuguese foodservice/catering market - Eurest (Portugal) – Sociedade Europeia de Restaurantes e Alimentação, Lda. (“Eurest”), (...)

The EU Court of Justice dismisses removal companies’ appeals against cartel fines (Portielje / Gosselin)
Van Bael & Bellis (Brussels)
In a series of judgments handed down on 11 July 2013, the Court of Justice of the European Union (“ECJ”) dismissed appeals brought by five Belgian removal companies against judgments of the General Court (“GC”) which largely upheld the European Commission’s 2008 decision fining the companies (...)

The Rotterdam District Court annuls two cartel decisions for misuse of telephone taps (Constructions cartel & Ship waste cartel)
Van Bael & Bellis (Brussels)
With two judgements of 13 June 2013 and 11 July 2013, the Rotterdam District Court annulled the decisions of the Dutch competition authority (now “ACM”) in a constructions cartel and a ship waste cartel. According to the Court, the telephone taps which provided evidence of the cartels could (...)

The EU Court of Justice rejects Commission’s appeal against General Court judgment in copper fittings cartel case (Aalberts)
Van Bael & Bellis (Brussels)
In the final of a series of appeals in the copper fittings cartel case, the Court of Justice of the European Union (“ECJ”), on 4 July 2013, dismissed an appeal by the Commission against a General Court (“GC”) judgment that upheld an appeal by Aalberts against the European Commission’s (...)

The EU Court of Justice upholds the ruling that adjudication on the merits would be devoid of purpose since the applicant did not have sufficient interest in the matter at the time he brought his challenge to the Commission’s decision (Guillermo Cañas)
Blackstone Chambers (London)
Cañas: no sufficient interest in showing anti-competitive rules* Retirement comes too soon for many professional sports players, but for Guillermo “Willy” Cañas, an Argentinean tennis player once ranked world number 8, there was yet more to be lost upon retirement than just the tournament prizes (...)

The EU Court of Justice rules that reliance on legal advice or decisions of NCAs does not preclude imposition of fines for infringing Art. 101 TFEU (Bundeswettbewerbsbehörde / Schenker)
DG CNECT (Brussels)
In a reference for a preliminary ruling under Article 267 TFEU, made by the Oberster Gerichtshof (Austria) on 5th December 2011, the EU Court of Justice was asked to respond to the following question; whether a fine may be imposed, in case of an infringement of Art.101 TFEU, when the (...)

The EU Court of Justice decides that a firm that has infringed Article 101 TFEU is unable to escape the imposition of a fine merely because the illegality of its conduct was erroneously assessed by its legal counsel (Bundeswettbewerbsbehörde / Schenker)
Philippe & Partners (Brussels)
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Liège University
I. The Parties The Bundeswettbewerbsbehörde, the Federal Competition Authority in Austria. The Bundeskartellanwalt, the Federal Cartel Lawyer in Austria. Thirty-one undertakings, including inter alia Schenker & Co. AG (“Schenker”), members of the Spediteur-Sammelladungs-Konferenz (the (...)

The US Supreme Court opens reverse payment patent settlement agreements to antitrust challenge (Actavis)
Wolters Kluwer (Riverwoods)
A “reverse payment” settlement agreement is not entitled to “near-automatic antitrust immunity” simply because its anticompetitive effects fall within the scope of the exclusionary potential of the patent, the U.S. Supreme Court ruled earlier this week in a five-to-three decision. Although such (...)

The US Supreme Court issues first ruling on antitrust legality of reverse-payment drug patent settlements (Actavis)
Rutgers University (New Jersey)
On June 17, 2013, in FTC v. Actavis, the U.S. Supreme Court for the first time examined the antitrust legality of agreements by which brand-name drug companies pay generics to delay entering the market. Justice Stephen Breyer wrote the majority opinion for five Justices, concluding that these (...)

The US Supreme Court rules that reverse patent settlements may violate antitrust law (Actavis)
Womble Bond Dickinson (Washington D.C.)
FTC v. Actavis, Inc.: Supreme Court Rules That Reverse Patent Settlements May Violate Antitrust Laws* On June 17, 2013, in FTC v. Actavis, Inc., the Supreme Court ruled that "reverse patent settlements" may violate the Sherman Act even though the anticompetitive effects of the settlement fall (...)

The US Supreme Court rules that a payment by a patentee to a generic manufacturer may constitute an infringement of antitrust law (Actavis)
Orrick, Herrington & Sutcliffe (San Francisco)
Why FTC v. Actavis Won’t Shift the Border Between IP and Antitrust Law* The Supreme Court’s recent decision in Federal Trade Commission v. Actavis, Inc., No. 12-416, U.S (2013), has generated a lot of commentary recently. Some articles have suggested that the decision may expose certain (...)

The US Supreme Court rules that the “pay for delay” settlements in the pharmaceutical sector are to be analyzed under the rule of reason (Actavis)
DG CNECT (Brussels)
Facts In 1999, Solvay Pharmaceuticals filed a New Drug Application (NDA) for a topical testosterone hormone drug, called Androgel. In 2003, Solvay obtained patent protection for it. Subsequently, the generic companies Actavis (before Watson Pharmaceuticals) and Paddock Laboratories filed an (...)

The US Supreme Court holds that patent protection does not confer immunity from antitrust attack (Actavis)
Ashurst (Milan)
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RSM US (New York)
U.S. Supreme Court reverses Eleventh Circuit opinion in FTC v. Actavis, Inc* On 17 June 2013, the U.S. Supreme Court (“the Court”) reversed a decision by the Court of Appeals (Eleventh Circuit). The Court of Appeals had upheld a dismissal of a complaint made by the Federal Trade Commission (...)

The US Supreme Court establishes a rule that blurs the lines between antitrust and patent law (Actavis)
Sheppard Mullin (Chicago)
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Reed Smith (Washington)
FTC v. Actavis: What Does It Mean for Reverse-Payment Settlements?* On June 17, 2013, the United States Supreme Court announced a rule that blurs the lines between antitrust and patent law in the context of Hatch-Waxman litigation. In FTC v. Actavis, 570 U.S. 756 (2013), the Federal Trade (...)

The Canadian Court of Appeal of Alberta dismisses an action for damages in a conspiracy claim against joint purchasers in the oil industry (Alberta / Husky Oil Operations)
Cassels Brock (Toronto)
No pot of gold at the end of the Rainbow* A decision by joint operators of an oil field to use a single fluid hauler was not an unlawful conspiracy, the Alberta Court of Appeal held recently, overturning a 2011 decision that awarded about $8 million to the loser of a competitive bidding (...)

The EU Court of Justice upholds General Court ruling in a synthetic rubber cartel case (Versalis)
Van Bael & Bellis (Brussels)
On 13 June 2013, the European Court of Justice (“ECJ”) handed down a ruling upholding the General Court’s (“GC”) judgment of 13 July 2011 that reduced from € 272.25 million to € 181.5 million the fine imposed on Versalis, a subsidiary of Italian oil company Eni, for its participation in a cartel (...)

The Korean Appellate Court prevents the worst-case scenario where no sanction is imposed on both price-fixers in the flat glass industry by siding with the Korean Fair Trade Commission (Han-Kuk Glass Industry / Kum-Kang Corea Chemical)
Bae Kim & Lee
Case Summary The Korean Fair Trade Commission (“KFTC”) imposed fines on cartels in the flat glass industry in June of 2013 for violation of Article 19 of the Monopoly Regulation and Fair Trade Act of Korea.] Han-Kuk Glass Industry (“HGI”) and Kum-Kang Corea Chemical (“KCC”) had participated in (...)

A US Court of Appeals narrows the state action exemption (North Carolina State Board of Dental Examiners)
Jones Day (Washington DC)
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Jones Day (Washington DC)
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Columbia University (New York)
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Fourth Circuit Court of Appeals has ruled that North Carolina’s Dental Board cannot ban non-dentists from offering teeth-whitening service, upholding the (...)

The EU Court of Justice dismisses an appeal against the General Court judgment in an acrylic glass cartel case (Quinn Barlo)
Van Bael & Bellis (Brussels)
On 30 May 2013, the European Court of Justice (“ECJ”) handed down its judgment dismissing an appeal brought by three companies within the Quinn Group (Quinn Plastics GmbH, Quinn Plastics NV and Quinn Barlo) against an earlier General Court (“GC”) judgment which had reduced the fine imposed by (...)

The EU Advocate General Sharpston issues opinions in three appeals against General Court’s judgments in an industrial bags cartel (Groupe Gascogne / Kendrion)
Van Bael & Bellis (Brussels)
On 30 May 2013, Advocate General Sharpston issued her opinions in the appeals lodged by Groupe Gascogne SA, Gascogne Sack Deutschland GmbH (formerly Sachsa Verpackung) and Kendrion NV against judgments of the General Court (“GC”) concerning appeals against the European Commission’s (...)

The Dutch Competition Authority imposes fines in three cases of bid rigging in the dutch demolition sector (Kanaalweg / Geuneburg / Bergambacht)
Allen & Overy (Amsterdam)
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Allen & Overy (Amsterdam)
I. INTRODUCTION On 23 March 2010 the Dutch Authority for Consumers and Markets (Autoriteit Consument en Markt, ACM, formerly known as the Dutch Competition Authority, Nederlandse Mededingingsautoriteit, NMa) initiated an investigation into possible infringements by five demolition firms of (...)