Judicial review & Anticompetitive agreements

Foreword Judicial review & Anticompetitive agreements: An overview of EU and national case law

The topic guiding this contribution is most easily described by the catchphrase “legal change”. It seeks to shed light on the interplay between courts and competition agencies and how they respond to changes in the environment while further developing the case law in an incremental manner. This article is an update of the survey published one year ago by Concurrences and discusses recent developments in cartel law from 2020 to 2021, both on a national and European level. Judicial review, for these purposes, refers to appeals against administrative decisions in cartel cases. The focus on a relatively short period of time should not obscure the numerous challenges to effective and secure judicial review which have emerged over the course of the past two years.

Read more
University of Copenhagen (Copenhagen)
Denmark 2 contributions 3020 visits

Anticompetitive practices

 The US District Court for the Western District of Texas convicts and orders a Korean-based company to pay restitution and $9M fine for bid rigging and frauds relating to military installations in South Korea (J&J Korea) New
US Department of Justice (Washington)
United States 176 contributions 74673 visits
Subcontractor Sentenced to Pay Nearly $9 Million in a Criminal Fine and Restitution for Rigging Bids and Defrauding the U.S. Military* First guilty plea and sentence in an ongoing investigation into bid rigging and related fraud at U.S. military installations in South Korea J&J Korea (...)

The US Court of Appeals for the Third Circuit affirms a District Court ruling which held that the rule of reason is appropriate for reviewing hybrid horizontal and vertical price fixing allegations (Winn-Dixie / Eastern Mushroom Marketing Cooperative)
Troutman Pepper (Philadelphia)
1 contribution 80 visits
,
Troutman Pepper (Philadelphia)
3 contributions 588 visits
,
Troutman Pepper (San Francisco)
1 contribution 80 visits
On August 28, the U.S. Court of Appeals for the Third Circuit denied Winn-Dixie’s appeal for a new trial in its lawsuit against the Eastern Mushroom Marketing Cooperative (EMMC). The supermarket chain alleged that EMMC, its individual mushroom farmer members, and certain downstream (...)

The US Court of Appeals for the DC Circuit unanimously dismisses the FTC’s antitrust suit against a pharmaceutical manufacturer for allegedly concluding exclusionary non-compete agreement with a competitor (Endo / Impax)
Dechert (Philadelphia)
United States 6 contributions 1808 visits
,
Dechert (Philadelphia)
United States 3 contributions 611 visits
A panel of judges from the U.S. Court of Appeals for the D.C. Circuit unanimously affirmed the 2022 dismissal of an antitrust case filed by the Federal Trade Commission against pharmaceutical manufacturer Endo Pharmaceuticals (Endo). The FTC’s case against Endo involved a novel challenge to (...)

The US Court of Appeals for the Seventh Circuit vacates a District Court’s dismissal of an antitrust no-poach claim against a multinational fast food chain (McDonald’s / Deslandes) New
Bona Law (New York)
France 1 contribution 50 visits
McDonald’s & Monopsony: The Seventh Circuit Vacates District Court’s Dismissal of a Per Se No-Poach Theory* In an opinion written by Judge Easterbrook, and a major win for per se no-poach claims, the Seventh Circuit has vacated a district court’s dismissal of a Sherman Act, Section 1 (...)

The US Court of Appeals for the Seventh Circuit vacates and remands a District Court’s dismissal of an antitrust case that challenged no-hire and non-solicitation clauses in a multinational fast food chain’s franchise agreements (McDonald’s / Deslandes)
Shearman & Sterling (Dallas)
United States 2 contributions 160 visits
,
Shearman & Sterling (Washington)
United States 1 contribution 72 visits
,
Shearman & Sterling (Washington)
United States 23 contributions 12801 visits
…
On August 25, 2023, in Deslandes v. McDonald’s, the Seventh Circuit Court of Appeals vacated and remanded a district court’s dismissal of an antitrust case that challenged no-hire and non-solicitation clauses in McDonald’s franchise agreements. The Court held that the district court had not (...)

The UK Competition Appeal Tribunal dismisses appeals against the Competition Authority’s findings of abuse of dominance relating to excessive pricing investigation concerning liothyronine tablets market (Advanz Pharma / Hg Capital / Cinven)
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71743 visits
,
Herbert Smith Freehills (Brussels)
Belgium 21 contributions 6826 visits
,
Herbert Smith Freehills (London)
United Kingdom 3 contributions 1899 visits
The UK Competition Appeal Tribunal has dismissed appeals against the CMA’s finding of abuse of dominance relating to excessive pricing of liothyronine tablets. The judgment provides further detail on the application of the excessive pricing test, and follows the Court of Appeal’s approach in (...)

The UK Supreme Court rules that many litigation funding agreements are unenforceable (Trucks Cartel)
White & Case (London)
United Kingdom 14 contributions 34893 visits
,
White & Case (London)
United Kingdom 27 contributions 13394 visits
,
White & Case (London)
United Kingdom 2 contributions 300 visits
…
In a heavy blow to the litigation funding industry, the UK Supreme Court has held that many litigation funding agreements are damages-based agreements and must comply with the relevant regulatory regime. Funders will be urgently reviewing their funding agreements amid widespread concern that (...)

The UK Supreme Court rules that litigation funding agreements are damage-based agreements and are likely unenforceable (Trucks Cartel)
Shearman & Sterling (London)
United Kingdom 6 contributions 1235 visits
,
Shearman & Sterling (London)
United Kingdom 30 contributions 14044 visits
,
Shearman & Sterling (London)
United Kingdom 23 contributions 14037 visits
…
In a decision of major importance for litigation in the UK, the UK Supreme Court has held that litigation funding agreements (“LFAs”) under which a litigation funder receives a percentage of any damages recovered by the claimant are damages-based agreements (“DBAs”) for the purposes of s58AA (...)

The UK Supreme Court rules that many litigation funding agreements are unlawful and unenforceable in relation to a collective damages claim against a cartel of truck manufacturers (Trucks Cartel)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 2 contributions 2279 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 13 contributions 3341 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 3 contributions 415 visits
…
Supreme Court Rules Most Litigation Funding Agreements are Unlawful* Over the past two decades, litigation funding in the UK has become increasingly important and more commonly used. Once deemed contrary to public policy and unlawful, litigation funding is now regarded as playing a (...)

The German Regional Court of Dortmund seeks clarity from the EU Court of Justice regarding the enforcement of cartel damage claims through the assignment model (ASG)
CDC Cartel Damage Claims (Brussels)
Belgium 2 contributions 90 visits
,
CDC Cartel Damage Claims (Kaiserslautern)
Germany 2 contributions 90 visits
Effective enforcement of cartel damage claims through the assignment model: The preliminary ruling procedure before the CJEU in Case C-253/23 (ASG) – A Comment* The Regional Court of Dortmund has asked the Court of Justice of the European Union (CJEU) for a preliminary ruling on the access (...)

The US Court of Appeals for the 9th Circuit revives an antitrust suit filed by a global electronics company against inductor manufacturers for participating in a price fixing conspiracy (Flextronics International) New
Hausfeld (Washington)
United States 1 contribution 45 visits
A July 21, 2023 decision from the Ninth Circuit revived Flextronics International USA’s antitrust suit alleging that inductor manufacturers violated Section 1 of the Sherman Act by participating in a price-fixing conspiracy. The court’s nonprecedential decision provides illuminating rulings on (...)

The Dutch District Court of Rotterdam dismisses a challenge to fines imposed on cigarette manufacturers for illegally exchanging commercially sensitive information (Philip Morris Investments / Philip Morris Benelux / British American Tobacco / JT / Van Nelle Tabak)
Van Bael & Bellis (Brussels)
Belgium 2 contributions 128 visits
,
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92652 visits
On 18 July 2023, the Rotterdam District Court dismissed the appeals brought by tobacco manufacturers Philip Morris Investments BV, Philip Morris Benelux BV, British American Tobacco International BV, JT International Company Netherlands BV, and Van Nelle Tabak Nederland BV against fines (...)

The Israeli Competition Authority welcomes the Competition Tribunal’s consent decree to fine a foreign pharmaceutical company for failing to comply with a request for information during an infringement investigation (Leadiant Biosciences)
Israel Competition Authority (Jerusalem)
Israel 17 contributions 2111 visits
A foreign company that refused to comply with a demand for Information will pay 110,000 ILS under a consent decree approved by the Competition Tribunal* On June 21, 2023, the Competition Tribunal (Hon. J. Tamar Bazak-Rapoport) approved a consent decree between the Director General of the (...)

The Swedish Competition Authority files a petition to impose a fine on the national Police Authority over an alleged illegal award of contract
Swedish Competition Authority (Stockholm)
Sweden 69 contributions 9937 visits
The Swedish Police Authority has awarded a contract for medical services in an incorrect way* The Swedish Police Authority performed an illegal direct award of contract when procuring medical services. The estimated total value of the contract is approximately SEK 14 million. The Swedish (...)

The Portuguese Competition Authority welcomes the EU Court of Justice’s decision which holds that a beer brand’s exclusive distribution agreements in which it fixed, inter alia, minimum resale prices may be contrary to competition law (Super Bock)
Portuguese Competition Authority (Lisbon)
Portugal 115 contributions 28837 visits
ECJ clarifies issues of the Lisbon Court of Appeal on competition infringements* The Court of Justice of the European Union (CJEU) issued a judgement that points that the Super Bock’s exclusive distribution agreements in which it fixed, inter alia, minimum resale prices may be contrary to (...)

The US FTC issues an order vacating an Administrative Law Judge’s decision to dismiss a complaint alleging two e-cigarette producers concluded an illegal acquisition and colluded to stop competing (Altria / Juul)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40304 visits
Commission Order Vacates ALJ Initial Decision and Dismisses Complaint in Case Against Altria and Juul* Order Clarifies Points of Law in ALJ Initial Decision On Friday, June 30, 2023, the Federal Trade Commission vacated the Administrative Law Judge’s (ALJ) initial decision in the (...)

The Brussels Markets Court of Appeal declares an appeal in a case involving the national football association moot following a Supreme Court judgment (Virton / RBFA)
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52686 visits
,
Van Bael & Bellis (Brussels)
Belgium 41 contributions 11098 visits
On 28 June 2023, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés – the Markets Court) declared an appeal against a decision of the Competition College (Mededingingscollege / Collège de la Concurrence) of the Belgian Competition Authority (Belgische (...)

The Canadian Superior Court of Ontario fines a bread maker with the highest price fixing fine to date for taking part in a criminal arrangement that increased the price of fresh commercial bread (Canada Bread / Weston Foods)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10653 visits
Canada Bread sentenced to $50 million fine after pleading guilty to fixing wholesale bread prices* Canada Bread Company, Limited was fined $50 million today by the Ontario Superior Court after pleading guilty for its role in a criminal price-fixing arrangement that raised the wholesale price (...)

The Hong Kong Competition Authority welcomes the fines imposed by the Competition Tribunal against three undertakings for their cartel conduct in the sale of mail inserters (Quadient / Toppan Forms / Smartech)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11368 visits
Competition Commission welcomes Tribunal’s orders in mail inserter cartel case* The Competition Commission (“Commission”) welcomes the orders granted by the Competition Tribunal (“Tribunal”) in proceedings against three undertakings for their participation in cartel conduct regarding the (...)

The Spanish Supreme Court delivers its first rulings on 15 private enforcement claims against the trucks cartel (Trucks Cartel)
IE Business School (Madrid)
Spain 2 contributions 260 visits
The Spanish Supreme Court Sentences the Trucks Cartel*Introduction Three weeks ago, the Spanish Supreme Court delivered its first rulings on damages claims in the trucks cartel. Given that Spanish courts have been the most active in the EU on this case (see the stream of judgments issued by (...)

The French Supreme Court issues a judgment providing guidance on the calculation of interests on damages resulting from a cartel, as well as on cartel participants’ contribution to compensation for such damages (Groupe Lactalis / Lactalis Nestlé / Lactalis beurres & crèmes)
Van Bael & Bellis (Brussels)
Belgium 2 contributions 128 visits
,
Van Bael & Bellis (Brussels)
Belgium 3 contributions 200 visits
,
Van Bael & Bellis (Brussels)
Belgium 41 contributions 11098 visits
…
On 7 June 2023, the French Supreme Court issued a judgment providing guidance on the calculation of interests on damages resulting from a cartel, as well as on cartel participants’ contribution to compensation for such damages. On 11 March 2015, the French Competition Authority (“FCA”) fined (...)

The UK High Court grants a partial exemption from a director disqualification order to a construction company involved in a bid-rigging cartel (Cantillon / Paul Cluskey)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 26 contributions 8365 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 927 visits
,
10BE5 (London)
United Kingdom 3 contributions 991 visits
On 25 May 2023, the UK High Court (High Court) ordered that an individual disqualified by the Competition and Markets Authority (CMA) may continue as the director of Cantillon, a construction company fined £1.92 million for its involvement in a bid-rigging cartel. The High Court’s Order—which (...)

The US District Court for the District of Massachusetts sides with the DOJ to halt an alliance in the airline industry (American Airlines / JetBlue)
US Department of Justice (Washington)
United States 176 contributions 74673 visits
Justice Department Statements on District Court Ruling Enjoining American Airlines and JetBlue’s Northeast Alliance* Attorney General Merrick B. Garland and Assistant Attorney General Jonathan Kanter for the Justice Department’s Antitrust Division issued the following statements today (...)

The Italian Court of Milan delivers a ruling in a private enforcement claim which extends the period of single and continuous infringement established by the EU Commission in Italy
Van Bael & Bellis (Brussels)
Belgium 2 contributions 205 visits
,
Van Bael & Bellis (Brussels)
Belgium 29 contributions 5255 visits
On 15 May 2023, the Court of Milan delivered a judgment awarding damages in the context of a private enforcement action. The case constitutes a rare combination of a follow-on action based on a decision of the European Commission (“Commission”) of 2010 establishing a pan-European cartel in the (...)

The Pakistani Competition Authority announces that an electronics manufacturer has refunded its dealers following the imposition of a penalty and restitution order for non-compliance with an earlier decision on resale price maintenance (Del Electronics) New
Competition Commission of Pakistan (Islamabad)
Pakistan 18 contributions 1873 visits
DEL REFUND ITS DEALERS THE PENALTY IMPOSED FOR NON-COMPLIANCE WITH RESPECT TO RESALE PRICE MAINTENANCE (RPM), PURSUANT TO THE CCP’S ORDER BEFORE THE COMPETITION APPELLATE TRIBUNAL* On 11 March 2022, the Competition Commission of Pakistan (CCP) passed an order holding that RPM arrangements, (...)

The Austrian Supreme Cartel Court dismisses an appeal filed by a construction company for the correction of certain points in the Cartel Court’s decision (Construction cartel)
Austrian Competition Authority (Vienna)
Austria 63 contributions 7217 visits
Construction cartel: Supreme Cartel Court dismisses appeal in a correction procedure* In January 2023, a company fined by the Cartel Court filed for correction of certain points in the decision due to their being obviously inaccurate. The procedure was linked to AFCA’s investigations into (...)

The US District Court for the District of Connecticut acquits six executives of aerospace engineering companies in a no-poach antitrust criminal prosecution (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 17 contributions 2880 visits
,
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 6 contributions 1843 visits
,
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 1 contribution 290 visits
…
In the latest setback in the Department Justice Antitrust Division’s (DOJ) attempts to prosecute “no-poach” agreements criminally, a federal judge acquitted from the bench all six defendant employees of aerospace engineering companies alleged to have allocated a labor market by agreeing not to (...)

The US District Court for the District of Connecticut acquits the defendants in a no-poach trial on the grounds that no reasonable jury could convict on the case presented by the government (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Cleary Gottlieb Steen & Hamilton (Washington)
Belgium 8 contributions 3443 visits
,
Cleary Gottlieb Steen & Hamilton (San Francisco)
United States 2 contributions 527 visits
,
Cleary Gottlieb Steen & Hamilton (Washington)
United States 8 contributions 2182 visits
…
On April 28, 2023, U.S. District Court Judge Victor A. Bolden entered an Order under Criminal Procedure Rule 29 acquitting the defendants in United States v. Patel, a federal criminal prosecution claiming that individuals employed by an aerospace company and its suppliers of outsourced labor (...)

The US District Court for the District of Connecticut upholds a joint motion of acquittal to hand DoJ another loss in its campaign to criminally prosecute labour market hiring restraints (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Covington & Burling (San Francisco)
United States 2 contributions 128 visits
,
Covington & Burling (Washington)
United States 19 contributions 12026 visits
,
Covington & Burling (San Francisco)
United States 1 contribution 53 visits
…
On April 28, 2023, Judge Victor A. Bolden of the United States District Court for the District of Connecticut granted defendants’ Rule 29 Motion for Judgment of Acquittal in United States v. Patel, stymieing the Justice Department’s latest effort to prosecute agreements among competitors to (...)

The US District Court for the District of Connecticut rejects the DoJ’s strict application of the per se rule in labor markets and acquits six defendants of criminal antitrust violations arising out of alleged no-poach agreements (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Jones Day (Los Angeles)
United States 6 contributions 3760 visits
,
Jones Day (San Francisco)
United States 6 contributions 3198 visits
,
Jones Day (San Francisco)
United States 5 contributions 3191 visits
…
A Connecticut district court acquitted six defendants of criminal antitrust violations arising out of alleged employee no-poach agreements, marking the first dismissal of a U.S. Department of Justice, Antitrust Division’s ("DOJ") criminal antitrust charges as a matter of law since the early (...)

The US District Court for the District of Connecticut dismisses the DoJ’s criminal non-solicitation case against six aerospace industry employees and acquits all the defendants (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
McDermott Will & Emery (Washington)
United States 9 contributions 4572 visits
On April 28, 2023, a US District Court for the District of Connecticut judge dismissed the US Department of Justice’s (DOJ) criminal non-solicitation case against six aerospace industry employees, acquitting all the defendants in U.S. v. Patel, et al. Importantly, the court held that the case, (...)

The US District Court for the District of Connecticut dismisses the DoJ’s third no-poach criminal case against six engineering staffing company executives for alleged no-poach agreements (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Freshfields Bruckhaus Deringer (Washington)
United States 3 contributions 439 visits
,
Freshfields Bruckhaus Deringer (Washington)
United States 1 contribution 293 visits
,
Freshfields Bruckhaus Deringer (Washington)
United States 1 contribution 293 visits
On April 28, 2023, a federal judge dismissed the third no-poach criminal case the U.S. Department of Justice (DOJ) had taken to trial. The DOJ indicted six engineering staffing company executives in December 2021, accusing them of restricting the hiring and recruitment of engineers in (...)

The US District Court for the District of Connecticut acquits six aerospace executives in a no-poach antitrust criminal prosecution (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Clifford Chance (Washington)
United States 1 contribution 165 visits
,
Clifford Chance (Washington)
United States 1 contribution 165 visits
US Department of Justice Faces Additional Setback in Criminal Antitrust Labour-Market Prosecutions* A recent acquittal in a criminal antitrust case marks another setback to the US Department of Justice’s effort to use criminal prosecutions to address alleged anticompetitive conduct in labour (...)

The EU Court of Justice confirms that the findings of national competition authorities have a binding effect on follow-on actions for damages and declarations of nullity (Repsol)
Van Bael & Bellis (Brussels)
Belgium 10 contributions 1983 visits
,
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7619 visits
,
Van Bael & Bellis (Brussels)
Belgium 14 contributions 1189 visits
On 20 April 2023, the Court of Justice of the European Union (“ECJ”) handed down a preliminary ruling concerning the effect of national competition authorities’ (“NCAs”) final infringement decisions on follow-on actions for damages and for declarations of nullity, where the actions in question (...)

The Australian Federal Court imposes a fine on an architectural firm and its former MD for attempted bid rigging in a University tender (ARM Architecture / Anthony Allen)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82477 visits
ARM Architecture and its former MD to pay penalties for attempted rigging of university tender* The Federal Court today found architecture firm Ashton Raggatt McDougall Pty Ltd (ARM Architecture) and its former managing director, Anthony (Tony) John Allen had attempted to rig bids for a (...)

The Paris Administrative Court of Appeal affirms the New Caledonian Competition Authority’s decision to dismiss the complaint filed by a competitor firm over the opening of two hypermarket stores in the Païta and Anse Uaré region (Hyper U / SDG-Carrefour)
New Caledonia Competition Authority (Noumea)
New Caledonia 26 contributions 2906 visits
The Paris Administrative Court of Appeal confirms the Authority’s decision to authorize the two Hyper U of the Ballande group* In two judgments of April 13, 2023, the Paris Administrative Court of Appeal has just confirmed in all respects the decisions of the Authority n°2020-DEC-08 and (...)

The UK High Court issues second landmark ruling in a FRAND royalty rates dispute (InterDigital / Lenovo)
Roschier (Stockholm)
Sweden 4 contributions 407 visits
,
Van Bael & Bellis (Brussels)
Belgium 28 contributions 5354 visits
,
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52686 visits
On 16 March 2023, Justice Mellor J. of the England and Wales High Court issued a landmark judgment in case HP-2019-000032 between InterDigital and Lenovo, the second ever UK ruling to define global fair, reasonable and non-discriminatory (“FRAND”) royalty rates. The case was brought before a (...)

The EU Court of Justice sets aside in part the judgments of the General Court and, consequently, annuls the decisions of the Commission ordering inspections at the premises of a number of French undertakings in the distribution sector on account of suspicions of anticompetitive practices (Les Mousquetaires / ITM Entreprises / Casino / Guichard-Perrachon / Achats Marchandises Casino / Intermarché Casino Achats)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102594 visits
Judgments of the Court in Cases C-682/20 P |Les Mousquetaires and ITM Entreprises v Commission, C-690/20 P Casino, Guichard-Perrachon and Achats Marchandises Casino v Commission and C-693/20 P Intermarché Casino Achats v Commission* The Court sets aside in part the judgments of the General (...)

The EU Court of Justice sets aside in part the judgments of the General Court and, consequently, annuls the decisions of the Commission ordering inspections at the premises of a number of French undertakings in the distribution sector on account of suspicions of anticompetitive practices (Intermarché Casino Achats)
White & Case (Paris)
France 17 contributions 25542 visits
,
Schibsted (Oslo)
26 contributions 16904 visits
,
White & Case (Paris)
France 1 contribution 689 visits
…
In its judgments of March 9, 2023 the Court of Justice of the EU (CJEU) annulled the General Court’s (GC) judgment that had partly upheld the European Commission’s (EC) inspection decision, and ruled that the EC had failed to fulfil its obligation to properly record the interviews it conducted (...)

The US Court of Appeals for the Second Circuit reinforces that policies of a professional association may constitute direct evidence of a concerted practice without allegations of an "agreement to agree" (Relevent Sports / USSF / FIFA)
FOSS Patents (Munich)
Germany 5 contributions 2978 visits
The U.S. Court of Appeals for the Second Circuit reinforces its holding that a membership-based organization’s policy may constitute direct evidence of concerted action without allegations of an ’agreement to agree’: Relevent Sports v. United States Soccer Federation & Fédération (...)

The EU Court of Justice confirms that the date of publication of the Commission’s decision in the EU Official Journal is an appropriate starting date for the limitation period applicable to private damages claims (QJ / IP / Deutsche Bank)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7619 visits
,
Van Bael & Bellis (Brussels)
Belgium 14 contributions 1189 visits
On 6 March 2023, the European Court of Justice (“ECJ”) issued an order in Joined Cases C-198/22 and C-199/22 (QJ and IP v Deutsche Bank AG), upholding a national rule under which the limitation period for professionals and consumers alike to bring a private damages action starts to run as of (...)

The EU Court of Justice AG Rantos delivers an opinion on the notion of potential competition and the distinction between restrictions by object and by effect (Energias de Portugal)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 4 contributions 1216 visits
Advocate General Rantos’ Opinion In Autoridade Da Concorrência and ECP (Case C-331/21) On The Notion Of Potential Competition And The Distinction Between Restrictions “By Object” And “By Effect”* On March 2, 2023, Advocate General Rantos delivered his opinion on the questions referred to the (...)

The Saudi Arabian Competition Authority fines a medical company for withholding evidence in an investigation over an alleged violation of competition law during COVID-19 (MediServ)
General Authority for Competition (Riyadh)
Saudi Arabia 19 contributions 1580 visits
The competition announces a penalty for a facility for violating "withholding information and preventing judicial officers from performing their duties assigned to them."* Based on the tasks of the General Authority for Competition and its competences in enforcing the competition system and (...)

The UK Competition Appeal Tribunal finds in favour of two automobile manufacturer’s challenges against the extraterritorial application of the competition authority’s investigatory powers (Volkswagen / BMW)
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8891 visits
,
Herbert Smith Freehills (Brussels)
Belgium 44 contributions 17652 visits
,
Herbert Smith Freehills (London)
United Kingdom 2 contributions 637 visits
On 8 February 2023, the UK’s Competition Appeal Tribunal (CAT) issued a joint judgment in two cases: BMW AG v CMA and R (on the application of VW AG) v CMA, relating to the territorial scope of the CMA’s information gathering powers under Section 26 of the Competition Act 1998 (CA98). The CAT (...)

The UK Competition Appeal Tribunal finds that the Competition Authority cannot compel responses to information requests from foreign parents with no UK connection (Volkswagen / BMW)
Clifford Chance (London)
United Kingdom 7 contributions 2628 visits
,
Clifford Chance (London)
United Kingdom 1 contribution 496 visits
The UK Competition Appeal Tribunal (CAT) has ruled that the Competition and Markets Authority (CMA) has no power to compel responses to information requests from foreign parent companies with no connection to the UK, other than their UK-based subsidiaries. Foreign foray frustrated In its (...)

The UK Competition Appeal Tribunal endorses the award of compound interest in a damages claim against the truck cartel as opposed to simple interest to reflect the “real world” and the economic and commercial reality of businesses (Royal Mail / DAF Trucks)
Hausfeld (London)
United Kingdom 3 contributions 520 visits
,
Hausfeld (London)
United Kingdom 2 contributions 131 visits
,
Hausfeld (London)
United States 3 contributions 700 visits
How much is £1 from 1997 worth now? Such a question may appear very simple at the outset. However, ask it twice and you will probably obtain two different answers. Applied in the context of a damages claim in a lawsuit, a number of parameters need to be considered to properly address this (...)

The UK Competition Appeal Tribunal delivers a landmark ruling to confirm the applicability of compound interest in the calculation of damages, following a private claim against a truck cartel (Royal Mail / DAF Trucks)
Blackstone Chambers (London)
United Kingdom 23 contributions 5802 visits
The Competition Appeal Tribunal’s recent decision in the trucks cartel claim raises some serious questions about expert economic evidence. In this post I want to flesh out some of the challenges and then float some suggestions for improvements. The context Many readers will know the basic (...)

The German Higher Regional Court of Dusseldorf finds that defendants in a private enforcement action are liable for damages against participants in a rail cartel (Rail Cartel)
Hogan Lovells (Munich)
Germany 65 contributions 25084 visits
,
Hogan Lovells (Munich)
Germany 39 contributions 4341 visits
,
Hogan Lovells (Munich)
Germany 34 contributions 1348 visits
…
Brief summary of facts A regional railroad operator brought an action for damages against several producers of railway track materials. The defendants participated in the rail cartel and had previously been fined by the German Federal Cartel Office in its decision of 18 July 2013. Brief (...)

The EU Court of Justice partially overturns the General Court’s judgment on procedural grounds, and clarifies the presumption of innocence in hybrid investigations and scope of restrictions by object in information exchanges (HSBC)
Covington & Burling (Brussels)
Belgium 49 contributions 17694 visits
,
Covington & Burling (Brussels)
Belgium 6 contributions 1188 visits
,
Covington & Burling (Brussels)
Belgium 2 contributions 197 visits
On 12 January 2023, the European Court of Justice (“ECJ”) published its long-awaited judgment in C 883/19 P HSBC v Commission. The ECJ confirmed that HSBC had engaged in anti-competitive conduct but partially overturned the General Court’s (“GC”) judgment on procedural grounds. The judgment (...)

The EU Court of Justice upholds the annulment of a €33.6M fine against a banking group on the rationale that the presumption of innocence was vitiated by two errors in law (HSBC)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102594 visits
Competition in the Euro Interest Rate Derivatives sector: the Court of Justice upholds the annulment of the € 33.6 million fine imposed on the HSBC Group* The HSBC Group is a banking group, and one of its activities is global banking and markets. HSBC Holdings is the parent company of HSBC (...)

The EU Court of Justice upholds Commission’s decision in a banking group cartel case, and gives guidance on presumption of innocence in hybrid settlements (HSBC)
Van Bael & Bellis (Brussels)
Belgium 28 contributions 5354 visits
,
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92652 visits
On 12 January 2023, the Court of Justice of the European Union (“ECJ”) dismissed an appeal lodged by HSBC against a General Court judgment partially upholding the Commission’s decision in the Euro interest rate derivatives (“EIRD”) cartel case. In 2013, the European Commission adopted a (...)

The French Supreme Court takes a position on the legal basis for judicial price control, taking into particular consideration the notion of advantages without counterparts under French competition law (OC Résidences)
Juliette Desvaux (Paris)
1 contribution 153 visits
The Cour de Cassation ruled that judicial control on the price can be exercised on the basis of the sanction of « advantages without counterpart » (former art. L. 442-6 I 1° and actual art. L. 442-1 1° CCom, after ordonnance of April 24, 2019), not only on the basis of the sanction of « (...)

The Pakistani Supreme Court delivers a landmark decision to partially uphold the Competition Authority’s fine on an association of poultry farmers for price fixing (Pakistan Poultry Association) New
Competition Commission of Pakistan (Islamabad)
Pakistan 18 contributions 1873 visits
SUPREME COURT DECIDES FIRST EVER CARTEL CASE; UPHOLDS FINDING OF CARTELIZATION IN POULTRY SECTOR.* While deciding the first ever cartel case, the Honourable Supreme Court of Pakistan has decided the civil appeal filed on behalf of Pakistan Poultry Association (PPA) against the judgement of (...)

The Italian Council of State confirms the existence of a cartel in the market for corrugated cardboard sheets and corrugated cardboard packaging but requests the Competition Authority to reformulate the fines (GIFCO)
Luiss Guido Carli University (Rome)
Italy 7 contributions 2522 visits
,
Luiss Guido Carli University (Rome)
Italy 15 contributions 11338 visits
In 2019, the Italian Competition Authority (ICA) concluded an investigation and found that two separate agreements had been implemented to distort the competitive dynamics in the market for corrugated cardboard sheets and the market for corrugated cardboard packaging, respectively, in (...)

The EU Court of Justice AG Rantos proposes that the judgment of the General Court confirming the anticompetitive nature of rules of an international ice skating organisation should be set aside when the rules pursue a legitimate sporting objective and are proportionate (International Skating Union)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102594 visits
Advocate General Rantos proposes that the judgment of the General Court which had confirmed the anticompetitive nature of rules of the International Skating Union should be set aside* He proposes that the case be referred back to the General Court The International Skating Union (‘the (...)

The EU Court of Justice AG Rantos advises that the judgement of the General Court is set aside, reasoning that sporting club rules do not breach competition law where they are proportionate and objectively justified (International Skating Union)
Van Bael & Bellis (Brussels)
Belgium 28 contributions 5354 visits
,
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92652 visits
On 15 December 2022, Advocate General (“AG”) Rantos issued an opinion in which he recommended that the Court of Justice of the EU should set aside a General Court judgment largely upholding a 2017 Commission decision that the eligibility rules of the International Skating Union (the “ISU”) had (...)

The Luxembourg Administrative Tribunal modifies and upturns the Competition Authority’s fine on a food supplier for resale price maintenance, and affirms the right of a leniency applicant to benefit from the principle of legitimate expectation (Bahlsen / Delhaize / Auchan)
Bonn & Schmitt (Luxembourg)
Luxembourg 27 contributions 88222 visits
,
Bonn & Schmitt (Luxembourg)
Luxembourg 1 contribution 98 visits
Introduction On 6 January 2015, the Luxembourg Competition Authority (formerly the Competition Council, hereinafter “Authority”) opened an investigation against the food supplier Bahlsen on suspicion of aligning resale prices to consumers. After a search of the supplier’s headquarters on 15 (...)

The EU General Court dismisses an appeal in its entirety and confirms a fine of €9.44M for three retail food packaging companies which colluded to fix prices and allocate customers (CCPL)
Van Bael & Bellis (Brussels)
Belgium 28 contributions 5354 visits
,
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92652 visits
On 7 December 2022, the General Court dismissed the appeal brought by Consorzio Cooperative di Produzione e Lavoro, Coopbox Group and Coopbox Eastern (together, the “Applicants”) against a re-adopted Commission decision in the Retail Food Packaging cartel case (Case T-130/21, CCPL and Others v (...)

The US District Court of Connecticut gives a ruling in a motion filed by the defendants in the aerospace’s labor market allocation case to dismiss an indictment on various grounds related to the per se rule (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Robert Connolly Law (Philadelphia)
United States 23 contributions 5072 visits
The defendants in the aerospace’s labor market allocation case, US v. Patel, No.3-21-cr-220 (D. Conn. Dec. 2, 2022) (VAB), filed a motion to dismiss the indictment on various grounds related to the application of the per se rule in a criminal trial. These grounds include: 1) the conduct (...)

The German Federal Court of Justice confirms that a factual presumption of harm exists in cases of anticompetitive information exchanges (Schlecker)
CDC Cartel Damage Claims (Brussels)
Belgium 5 contributions 3389 visits
On 5 January 2023, the German Federal Court of Justice (Bundesgerichtshof, BGH) published an important judgment in relation to follow-on damage actions relating to the so-called German drugstore products cartel (Case KZR 42/20). In its ruling, Germany’s highest civil court also confirmed a (...)

The German Federal Court of Justice extends the factual presumption of damages to anticompetitive information exchange to give a further boost to victims’ claims against cartels (KWR working group)
Blomstein (Berlin)
Germany 3 contributions 195 visits
,
Higer Regional Court (Berlin)
1 contribution 68 visits
Dirty laundry in the “KWR” working group A total of 15 manufacturers of branded drugstore products were involved in the so-called drugstore products cartel. From at least 2004 to 2006, they regularly informed each other about (planned) gross price increases and the status of negotiations (...)

The Germany Federal Court of Justice rules that an exchange of secret information between competitors about pricing strategies for a common customer gives rise to a factual presumption of harm (Schlecker)
Fieldfisher (Düsseldorf)
Germany 1 contribution 58 visits
Introduction In the Schlecker case, (BGH, decision of 29 November 2022, KZR 42/20, Schlecker. The BGH’s press release can be found here.) the Federal Court of Justice (BGH) dealt with claims by a drugstore chain against manufacturers for damages on the grounds of excessive prices. In (...)

The German Federal Court of Justice roundly rejects claims that cartel behaviour was ’harm-free’, which would have allowed the cartelists to avoid a presumption of injury, and declares the behaviour constituted a hardcore infringement (Schlecker)
Hausfeld (Berlin)
Germany 11 contributions 3064 visits
,
Hausfeld (Berlin)
Germany 2 contributions 140 visits
In several jurisdictions, claimants’ burden of proof for the existence of injury is a major hurdle to traditional cartel damage claims. To avoid a presumption of injury under the settled case law of the German Federal Court of Justice (Bundesgerichtshof, (“BGH”) for hard-core cartels, (...)

The Italian Council of State partially upholds the Competition Authority’s decision to fine undertakings for cartel conduct in the market for production and marketing of corrugated cardboard packaging (Alliabox / Ondulati del Salvio / Sandra / Topazzini)
Herbert Smith Freehills (Milan)
Italy 7 contributions 29710 visits
,
Herbert Smith Freehills (Milan)
Italy 1 contribution 57 visits
The Consiglio di Stato (the Italian Supreme Administrative Court) has upheld the decision of the Italian Competition Authority ("ICA"), and confirmed the existence of price fixing and market sharing cartels concerning the production and marketing of corrugated cardboard packaging. The (...)

The Spanish Commercial Court No. 15 of Madrid rules against exclusivity agreements in the sports industry (World Padel Tour / Premier Padel Circuit)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46219 visits
The Commercial Court no 15 of Madrid has dismissed the request for interim measures seeking to halt the Premier Padel circuit competition and preventing players from participating in this championship. In May 2022, World Padel Tour (WPT) filed a lawsuit before Madrid Commercial Court No. 15 (...)

The German Higher Regional Court of Düsseldorf dismisses the appeal of two technical building service providers fined for bid-rigging; and follows the CJEU precedent to hold that the limitation period for the prosecution of bid-rigging cartels begins at the point the relevant contract is awarded
Herbert Smith Freehills (Düsseldorf)
Germany 22 contributions 5754 visits
,
Herbert Smith Freehills (Düsseldorf)
Germany 16 contributions 4379 visits
Facts of the case In December 2019, the Federal Cartel Office ("FCO") fined eleven technical building service providers approximately €110m for participation in a bid rigging cartel. The FCO’s investigation was initiated in November 2014 following a leniency application. According to the FCO, (...)

The US Southern District Court, Southern District of New York grants a "motion to dismiss" filed by a professional baseball organisation on the basis of its historic antitrust immunity (Major League Baseball)
BakerHostetler (Philadelphia)
United States 1 contribution 55 visits
Yer Out (For Now): MLB Dismissed from Antitrust Lawsuit Because of Historic Antitrust Exemption* In a decision that stunned no one (yet will garner plenty of headlines), a federal district court granted a motion to dismiss filed by Major League Baseball (MLB) on the basis of its storied (...)

The Australian Competition Authority files a civil lawsuit against an architecture company and its former managing director over alleged bid rigging (ARM Architecture)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82477 visits
ARM Architecture in court over alleged cartel conduct for university project* The ACCC has today launched civil proceedings in the Federal Court against Ashton Raggatt McDougall Pty Ltd (ARM Architecture) and its former managing director, Anthony (Tony) John Allen, alleging they engaged in (...)

The French Supreme Court declares a television network’s requirement that an online streaming service include its free channels in a premium package does not constitute either resale price maintenance or a significant imbalance (Molotov / M6)
University Paris Saclay
France 1 contribution 136 visits
,
Jones Day (Paris)
France 1 contribution 136 visits
,
Kraft Heinz Company (Paris)
1 contribution 136 visits
In its decision of September 28, 2022, the Commercial, Financial and Economic Chamber of the Court of Cassation rejected the appeal challenging the decision of the Paris Court of Appeal of November 18, 2020, thus putting an end to the Molotov/M6 saga. The judges of the “Quai de l’Horloge” (...)

The Croatian High Administrative Court affirms a decision by the Competition Authority to fine four companies for bid rigging, price fixing and other anticompetitive behaviour (Agro-Vir / Agrodalm / Diljexport / Marino-LučKo)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19426 visits
HIGH ADMINISTRATIVE COURT REJECTS THE CLAIMS AGAINST THE CCA INFRINGEMENT DECISION IN BID RIGGING CARTEL IN PUBLIC PROCUREMENT INVOLVING UNDERTAKINGS AGRO-VIR, AGRODALM, DILJEXPORT AND MARINO-LUČKO* In its ruling of 14 September 2022, the High Administrative Court of the Republic of Croatia (...)

The US Court of Appeals for the Seventh Circuit rules that hypothetical monopolist test remains "best approach" for geographic market analysis in healthcare context (Vasquez / Indiana University Health)
Hausfeld (Washington)
United States 1 contribution 739 visits
Vasquez v. Indiana Univ. Health, Inc., et al. is a resurrected antitrust suit brought by a local vascular surgeon against Indiana University Health (“IU Health”) and its subsidiary, Bloomington Hospital. The Seventh Circuit reversed and remanded, concluding that the district court had erred (...)

The US District Court for the Northern District of California issues a decision on a decertification order in a long-running class action dispute concerning class-wide damages model (Freitas / Cricket Wireless)
Covington & Burling (Washington)
United States 1 contribution 741 visits
On July 29, Judge William Alsup of the Northern District of California issued a decertification order in a long-running class action dispute concerning Cricket Wireless’s 4G advertising, ruling that plaintiff’s counsel made “too critical a mistake” in fashioning their class-wide damages model. (...)

The US Court of Appeal for the Seventh Circuit rejects a "patent thicket" allegation against a pharmaceutical company, on the claim of prevention of market entry (AbbVie)
Constantine Cannon (New York)
United States 3 contributions 656 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Seventh Circuit’s Rejection of Insurers’ Monopolization Case is Not the Final Word on “Patent Thicket” Litigation* The theory that patent holders can be held (...)

The German Federal Court of Justice dismisses an agricultural group’s claim against the Competition Authority over an alleged violation of the principle of equality in a plant protection cartel investigation (BayWa)
Fieldfisher (Düsseldorf)
Germany 1 contribution 42 visits
In a decision dated 30 June 2022, the Federal Court of Justice dismissed with final effect an official liability suit brought by the agricultural group BayWa AG against the Federal Cartel Office (FCO). BayWa sued the FCO for disadvantages in a plant protection cartel case due to price (...)

The South African Competition Appeal Court overturns the Tribunal’s decision on a cartel and holds that parties concerned must be potential or actual competitors at the time of conclusion of the impugned agreement before a finding can be made (Tourvest)
Herbert Smith Freehills (Johannesburg)
South Africa 4 contributions 513 visits
,
Herbert Smith Freehills (Johannesburg)
South Africa 2 contributions 76 visits
The concept of ’characterisation’ was first introduced into South African law by the Supreme Court of Appeal ("SCA") in ANSAC. In that case, the SCA recognised that there are instances where conduct may, on its face, seem to be collusion but upon closer scrutiny the conduct is found to be (...)

The Spanish High Court overturns the Competition Authority’s €46M fine against two security undertakings for market sharing and price fixing (Prosegur / Loomis)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46219 visits
In 2016 the CNMC fined Prosegur for a single and continous infringement contrary to Articles 1 of the Spanish Competition Act and 101 TFEU. These companies allegedly shared the market, fixed prices and exchanged sensitive commercial information for seven years in the transport and handling of (...)

The EU Court of Justice partially annuls a Commission decision in an anticompetitive tender agreement case in the optical disk drive market but upholds the amounts of fines imposed (Optical Disk Drives Cartel)
Van Bael & Bellis (Brussels)
Belgium 2 contributions 488 visits
,
Van Bael & Bellis (Brussels)
Belgium 28 contributions 5354 visits
,
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92652 visits
On 16 June 2022, the Court of Justice of the European Union (“ECJ”) issued four judgments in which it partially annulled earlier judgments of the General Court, which had upheld the 2015 Commission Decision in relation to the optical disk drives (“ODDs”) cartel case. In that case, the (...)

The EU Court of Justice partially annuls the decision of the Commission but upholds the amounts of the fines imposed for the optical disk drives cartel (Optical Disk Drives Cartel)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102594 visits
Cartel on the market for optical disk drives: the Court partially annuls the decision of the Commission but upholds the amounts of the fines imposed* The Commission failed to satisfy its obligation to state reasons by finding that, in addition to their participation in a single and (...)

The UK Court of Appeal issues a decision on limitation of time in cartel claims (Gemalto)
Constantine Cannon (London)
United States 12 contributions 5855 visits
,
Constantine Cannon (London)
United Kingdom 1 contribution 27 visits
,
Constantine Cannon (New York)
United States 3 contributions 264 visits
The Danger of Waiting for a Finding of Anticompetitive Behaviour, Part 2: UK Court of Appeal Agrees Gemalto’s Claim Against the Smart Card Chips Cartel is Time Barred* The limitations period for cartel damages cases in the United Kingdom has not finished evolving, as evidenced by two recent (...)

The Hong Kong Court of Appeal issues a judgement which finds housing contractors fully liable for price fixing and market sharing
Hogan Lovells (Beijing)
China 2 contributions 347 visits
,
Hogan Lovells (Beijing)
China 81 contributions 19868 visits
,
Hogan Lovells (Hong Kong)
Hong Kong 3 contributions 1234 visits
…
On 2 June 2022, the Hong Kong Court of Appeal (“Court”) handed down a judgment almost doubling the financial penalties imposed by the Competition Tribunal (“Tribunal”) on five respondents in two decisions. The Tribunal had earlier found the respondents to have contravened the Competition (...)

The Hong Kong Competition Authority welcomes the Court of Appeal’s ruling which upheld the fines that it had imposed on five companies for market sharing and price fixing in the public housing industry
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11368 visits
Competition Commission welcomes Court of Appeal ruling on pecuniary penalties* The Competition Commission (“Commission”) welcomes the judgment (“Judgment”) handed down by the Court of Appeal today (2 June) in relation to appeals lodged by the Commission against pecuniary penalties imposed by (...)

The Ankara 9th Administrative Court annuls the Competition Authority’s decision to impose an administrative monetary fine on a chemical supplier stating that the standard of proof has not been met (Hicri Ercili)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81193 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 7 contributions 2320 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 6 contributions 2766 visits
…
The Ankara 9 th Administrative Court (“Administrative Court”) annulled the decision of the Turkish Competition Board (“Board”) where an administrative fine of TL 11,214,051.26 was imposed on Hicri Ercili Deniz Nakliyat Kimyevi Maddeler San. ve Tic. Ltd. Şti.) (“Hicri Ercili”), a supplier of (...)

The US Court of Appeal for the Eleventh Circuit applies the functional framework for analyzing the ownership structures of private equity firms to hold that a company cannot conspire with an entity it owns and controls and with which it does not compete (OJ Commerce / Kidkraft / Ikea)
Latham & Watkins (Washington)
United States 7 contributions 15772 visits
,
Latham & Watkins (San Francisco)
United States 2 contributions 350 visits
,
Latham & Watkins (New York)
United Kingdom 1 contribution 24 visits
…
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. PE firms with non-competitor, majority-owned portfolio companies will face reduced risks of antitrust liability under Section 1 of the Sherman Act in the (...)

The EU Court of Justice sets out the criteria for defining a dominant position in connection with exclusionary practices on the basis of anticompetitive effects of the conduct of an incumbent operator in the context of the liberalisation of the electricity market (Servizio Elettrico Nazionale)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102594 visits
The Court of Justice sets out the criteria for defining a dominant position in connection with exclusionary practices on the basis of anticompetitive effects of the conduct of an incumbent operator in the context of the liberalisation of the electricity market* This case has arisen in the (...)

The Lithuanian Supreme Administrative Court affirms the decision of the national competition authority to fine two companies a total of over €170K for cartel behaviour (Jadrana / Pasvalio melioracija)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20178 visits
Dispute over fines to cartelists settled in court* On March 30 the Supreme Administrative Court of Lithuania (Court) has approved settlement agreements between the Lithuanian competition authority Konkurencijos taryba and the companies Jadrana and Pasvalio melioracija in which EUR 18,720 and (...)

The UK Competition Appeal Tribunal allows planned forex class action against big banks with the proviso that class members must opt-in to the litigation (Evans / O’Higgins)
Hausfeld (London)
United States 11 contributions 5058 visits
London, 31 March 2022 – Today, the Competition Appeal Tribunal (CAT) has handed down its judgment in FX Claim UK, the opt-out collective action brought by Phillip Evans, deciding that the proposed FX collective proceedings can be certified, but on an opt-in basis only. Mr Evans intends to (...)

The UK Competition Appeal Tribunal rules on first ever carriage dispute in UK FX Cartel Class action (Evans / O’Higgins)
Ashurst (London)
United Kingdom 3 contributions 573 visits
,
Ashurst (London)
United Kingdom 14 contributions 2463 visits
,
Ashurst (London)
United Kingdom 7 contributions 1346 visits
On 31 March 2022, the Competition Appeal Tribunal (’CAT’) refused to certify two claims advanced against a number of UK banks for their participation in a foreign exchange spot rate manipulation cartel as opt-out collective proceedings. The novel issue before the CAT at the certification (...)

The UK Competition Appeal Tribunal rules that class action proceedings may only be brought on an opt-in basis where the class of potential complainants is sophisticated and thus opt-in is practicable (Evans / O’Higgins)
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8891 visits
,
Herbert Smith Freehills (London)
United Kingdom 1 contribution 360 visits
,
Herbert Smith Freehills (London)
United Kingdom 1 contribution 360 visits
The UK Competition Appeal Tribunal (“CAT“) has ruled for the first time that collective proceedings can only proceed on an opt-in basis, rather than the opt-out basis sought by the class applicants. The ruling came in the O’Higgins/Evans case, concerning two competing applications for a (...)

The Swiss Federal Supreme Court rules that agency privilege will not protect firms from liability for exclusivity agreements partitioning the domestic market (Les Editions Flammarion)
Lenz & Staehelin (Geneva)
Switzerland 7 contributions 40921 visits
,
Lenz & Staehelin (Zurich)
Switzerland 11 contributions 2473 visits
,
Lenz & Staehelin (Zurich)
Switzerland 1 contribution 40 visits
…
The Federal Supreme Court published its judgment regarding Les Editions Flammarion SA in the book market case and excludes the application of the agency privilege to exclusivity clauses partitioning the Swiss market. Investigation of the French-language book market Following an (...)

The EU General Court dismisses the appeals of airlines fined for forming a cartel and upholds the Commission’s €790M fine (Airfreight cartel)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102594 visits
Cartel on the airfreight market: the General Court rules on actions brought by multiple airlines* On 9 November 2010, the European Commission adopted a decision [1] against multiple undertakings operating on the airfreight market (‘the carriers’) which had participated in a pricing cartel (...)

The EU General Court dismisses appeals by 13 airlines against a readopted decision which imposed fines of €799M for price coordination (Airfreight cartel)
Van Bael & Bellis (Brussels)
Belgium 10 contributions 1983 visits
On 30 March 2022, the General Court of the European Union (“General Court”) handed down thirteen separate judgments on appeals brought by airfreight carriers against the Commission’s re-adopted decision in the Airfreight case. Background In November 2010, the European Commission (...)

The US District Court for the District of Columbia dismisses the FTC’s claims of anticompetitive horizontal agreement involving opioid medication (Endo / Impax)
Hausfeld (Washington)
United States 2 contributions 188 visits
,
Hausfeld (Philadelphia)
United States 3 contributions 263 visits
,
Hausfeld (Washington)
Chile 1 contribution 102 visits
On March 24, 2022, Judge Royce C. Lamberth of the U.S. District Court for the District of Columbia dismissed the Federal Trade Commission’s (the “Commission”) complaint against Endo Pharmaceuticals Inc. (“Endo”), Impax Laboratories, LLC (“Impax”) and Impax’s owner, Amneal Pharmaceuticals, Inc. (...)

The Supreme People’s Court of China issues a judgment which finds that a patent settlement agreement constitutes a horizontal monopoly agreement in violation of the Anti-Monopoly Law (Huaming / Taipu)
Ashurst (Singapore)
Singapore 14 contributions 16255 visits
,
Ashurst (Abū Dhabī)
United Arab Emirates 5 contributions 2188 visits
The Supreme People’s Court of China (’SPC’) issued a judgment on 21 March 2022 which found that a patent settlement between Shanghai Huaming Power Equipment Manufacturing (’Huaming’) and Wuhan Taipu Transformer Switch (’Taipu’) constituted a horizontal monopoly agreement in violation of (...)

The Supreme People’s Court of China invalidates a mediation agreement on the grounds that it constituted a horizontal monopoly agreement (Huaming / Taipu)
AnJie Broad Law (Beijing)
China 44 contributions 12348 visits
,
AnJie Broad Law (Beijing)
China 15 contributions 1831 visits
On 22 February 2022, the Intellectual Property Court of the Supreme People’s Court of China (SPC IPC) invalidated a mediation agreement, ruling that it constituted a horizontal monopoly agreement, which is prohibited under paragraph 13(1) of the Antimonopoly Law (AML). In the case at hand, (...)

The Estonian Supreme Court dismisses complaint which requires the Competition Authority to continue supervising the pricing policy of a postal company (AS Express post)
Estonian Competition Authority (Tallinn)
Estonia 12 contributions 1495 visits
The Supreme Court did not satisfy the complaint of Eesti Post against the Estonian Competition Authority* On Monday, 14 March, the Supreme Court dismissed the complaint of AS Eesti Post, the purpose of which was to oblige the Estonian Competition Authority to continue supervision over the (...)

The US District Court for the District of Minnesota indicts a concrete company and its CEO for rigging bids for public contracts (Kamida)
US Department of Justice (Washington)
United States 176 contributions 74673 visits
Minnesota Concrete Company and its CEO Indicted for Rigging Bids for Public Contracts* Second charge filed for long-running conspiracy that targeted local governments and public schools in Minnesota A federal grand jury returned an indictment charging Kamida Inc., a Minnesota-based (...)

The Copenhagen City Court rules that two companies sanctioned for illegally submitting a joint bid for a road marking project shall not face criminal penalties because the requisite intent or gross negligence could not be proven (LKF Vejmarkering / Eurostar Danmark)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35900 visits
Companies behind illegal road marking consortium avoid sanctions* On 11 February 2022, the City Court of Copenhagen ruled that the companies LKF Vejmarkering (now GVCO) and Eurostar Danmark must not pay fines for infringing the Competition Act. Three individuals also avoided sanctions. In (...)

The US Chief Administrative Law Judge Chappell dismisses the charges in a complaint issued by the FTC staff against a tobacco company and an electronic cigarette maker for entering into a series of agreements that eliminated competition (Altria Group / JUUL Labs)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40304 visits
Administrative Law Judge Dismisses FTC Antitrust Complaint against Altria Group and JUUL Labs, Inc.* In an Initial Decision announced on Feb. 24, 2022, Chief Administrative Law Judge D. Michael Chappell dismissed the antitrust charges in a complaint issued by the Federal Trade Commission (...)

The US FTC files an administrative complaint alleging that an electronic cigarettes company entered into a series of agreements that eliminated competition in violation of federal antitrust laws (Altria Group / JUUL Labs)
Bona Law (Detroit)
United States 25 contributions 5594 visits
,
Bona Law (San Diego)
United States 14 contributions 6248 visits
The FTC’s challenge of Altria Group’s proposed minority investment in JUUL Labs, Inc. (JLI) in April 2020 generated attention in both the mainstream media and the competition law press. Press coverage since that time has hit the latest developments but often missed the important issues this (...)

The Australian Competition Tribunal denies authorisation for collective bargaining by ten coal producers and their trade body with national port (NSW Minerals Council / Port of Newcastle)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82477 visits
Tribunal denies authorisation for collective bargaining at Port of Newcastle* The Australian Competition Tribunal has today denied authorisation for the NSW Minerals Council and ten mining companies to collectively negotiate the terms and conditions, including price, of access to the Port of (...)

The Brazilian courts refuse damage claims based on the Competition Authority’s cement cartel decision on various grounds including lack of civil liability and statute of limitations (Brazilian Cement Cartel)
Cescon, Barrieu, Flesch & Barreto (Sao Paulo)
Brazil 6 contributions 126 visits
,
Cescon, Barrieu, Flesch & Barreto (Sao Paulo)
Brazil 6 contributions 126 visits
Brief summary of facts Antitrust Damage Claims filed by companies active within the civil construction sector in Brazil based on the Brazilian Competition Authority’s (CADE) condemnation of the so-called "Cement Cartel", on 28 May 2014 (resulting in total cartel fines of around BRL 3.1 (...)

The EU General Court affirms EU Commission’s decision to accept ’light-touch’ commitments from a Russian gas exporter to avoid a fine for anticompetitive behaviour and reverses another Commission decision with similar facts because the rationale was inadequate (Gazprom / Polskie Górnictwo Naftowe i Gazownictwo)
Van Bael & Bellis (Brussels)
Belgium 59 contributions 14033 visits
,
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7619 visits
,
Toyota (Brussels)
Belgium 38 contributions 8132 visits
…
Gazprom: General Court confirms Commission’s commitment decision but annuls a decision based on similar grounds to reject a complaint against Gazprom On 2 February 2022, the General Court of the European Union (the “Court”) issued two judgments which follow the European Commission’s (the (...)

The EU General Court confirms the need for arbitration awards to comply with EU competition policy (Gazprom / Polskie Górnictwo Naftowe i Gazownictwo)
Portolano Cavallo (Milan)
Italy 1 contribution 63 visits
,
Portolano Cavallo (Milan)
Italy 63 contributions 9829 visits
,
Portolano Cavallo (Milan)
Italy 1 contribution 63 visits
On February 2, 2022, the General Court ruled in Case T-616/18 dismissing the action brought by a wholesaler active in the gas sector in Poland (PGNG) to annul the Commission’s decision in CASE AT.39816 – Upstream gas supplies in Central and Eastern Europe (the “Commitment Decision”), which (...)

The US DOJ in a landmark case indicts and brings to trial a healthcare company and its former CEO for employee no-poach agreements (DaVita / Thiry)
McDermott Will & Emery (Chicago)
United States 4 contributions 2015 visits
,
McDermott Will & Emery (Chicago)
United States 3 contributions 760 visits
,
McDermott Will & Emery (Washington)
United States 9 contributions 4572 visits
In a landmark case of first impression, the US Department of Justice’s (DOJ) Antitrust Division (Division) indicted and brought to trial a federal criminal prosecution alleging agreements between DaVita, Inc., its former CEO Kent Thiry and other companies not to solicit each other’s employees. (...)

The US District Court for the District of Colorado acquits a healthcare company and its former CEO in a criminal trial over no-poach agreements (DaVita / Thiry)
McDermott Will & Emery (Washington)
United States 9 contributions 4572 visits
,
McDermott Will & Emery (Chicago)
United States 4 contributions 2015 visits
,
McDermott Will & Emery (Chicago)
United States 3 contributions 760 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The McDermott Will & Emery trial team that represented former DaVita CEO Kent Thiry in the DOJ’s first criminal prosecution over no-poach agreements (...)

The US District Court for the District of Colorado acquits a Denver-based healthcare company and its former CEO on no-poach agreements in alleged violation of the Sherman Act (DaVita / Thiry)
Dechert (Philadelphia)
United States 3 contributions 712 visits
,
University of Chicago - Law School
United States 1 contribution 252 visits
,
Dechert (Chicago)
United States 1 contribution 252 visits
Key Takeaways Colorado federal jury acquitted a healthcare company and its former CEO of antitrust charges that they violated the Sherman Act by entering into agreements with other health care companies not to recruit each other’s employees. As an early test of the Antitrust Division’s 2018 (...)

The Austrian Supreme Court denies that a licensor infringed Article 101 TFEU as defendant on the grounds that intention to seal off national markets was unproven (Sky)
Van Bael & Bellis (Brussels)
Belgium 3 contributions 372 visits
,
Van Bael & Bellis (Brussels)
Belgium 28 contributions 5354 visits
In its judgment of 25 January 2022, the Austrian Supreme Court granted a request by Sky, a pay-tv provider holding an exclusive licence for the broadcasting of UEFA Champions League football matches in Austria, to prohibit an inn in Austria from showing such games via a third-party pay-tv (...)

The Higher Regional Court of Düsseldorf grants an athlete access to the Paralympic Games based on German competition law (International Paralympics Committee)
Hogan Lovells (Munich)
Germany 3 contributions 1332 visits
,
Hogan Lovells (Munich)
Germany 2 contributions 202 visits
1. Introduction In its decision of 20 January 2022, the Higher Regional Court of Düsseldorf (the “Court”) dealt with a case of a professional female snowboarder who sought admission to the 2022 Paralympic Games in Beijing. This admission had previously been denied by the later defendant, (...)

The US FTC issues a statement made by Chair Lina M. Khan following the imposition of a lifetime ban against a pharmaceutical executive (Martin Shkreli)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40304 visits
Statement of Chair Lina M. Khan on the Ruling by Judge Denise L. Cote Federal Trade Commission et al v. Vyera Pharmaceuticals, LLC et al* Today, U.S. District Court Judge Denise Cote held “Pharma Bro” Martin Shkreli liable for antitrust claims brought by the Federal Trade Commission and a (...)

The US District Court for the Southern District of New York imposes a lifetime ban against a pharmaceutical executive and requires $65M payment for antitrust violation (Martin Shkreli)
Rutgers University (New Brunswick)
United States 26 contributions 24819 visits
On January 14, 2022, the U.S. District Court for the Southern District of New York imposed a lifetime ban on “Pharma Bro” Martin Shkreli, perhaps the most notorious “bad actor” in the pharmaceutical industry, and required that he pay $65 million in excess profits he obtained from (...)

The Norwegian Competition Tribunal agrees with the Competition Authority that providers of security products have behaved collusively by sharing sensitive information and market partitioning, accordingly the tribunal upholds a substantial fine (Verisure / Sector Alarm)
Norwegian Competition Authority (Bergen)
Norway 32 contributions 3943 visits
Final judgment in the Verisure case* Verisure has paid the fine of NOK 766 million for illegal cooperation with the competitor Sector. Verisure has decided not to appeal the decision, which means that the case is now final on behalf of the Norwegian Competition Authority. On 25 November (...)

The Italian Supreme Court holds that legal effects on downstream contracts of an anti-competitive scheme are governed by national law and such contracts cannot be deemed automatically void in their entirety by invoking EU law (Albatel / Intesa Sanpaolo / Bosco)
Portolano Cavallo (Milan)
Italy 63 contributions 9829 visits
,
Portolano Cavallo (Milan)
Italy 36 contributions 6816 visits
On December 30, 2021, the Joint Section of the Italian Court of Cassation (which is the last-instance court for civil matters) issued a landmark judgment clarifying the criteria to determine the civil law consequences of “downstream” contracts with respect to an upstream framework (...)

The Spanish High Court quashes the Competition Authority’s fine against a railway company for market sharing, price fixing and exchanging sensitive commercial information in the supply of railway switches (JEZ Sistemas Ferroviarios)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46219 visits
The High Court, by Judgement of 27 December 2021 upheld the appeal filed by JEZ Sistemas Ferroviarios, S.L. (JEZ) against the Decision of the National Markets and Competition Commission (CNMC) of 30 June 2016, INFRAESTRUCTURAS FERROVIARIAS, file S/0519/14 (CNMC Decision). The CNMC Decision (...)

The Moscow Arbitration Court confirms the fine imposed by the Russian Competition Authority on a road market cartel participant (Impulse)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55738 visits
THE COURT CONFIRMED 85.4 MILLION RUB FINE IMPOSED ON A ROAD MARKET CARTEL PARTICIPANT* In July 2020, FAS Russia found that OOO Magistral, OOO Impulse, OOO Nizhegorodavtodor, OOO Nizhavtodorstroy and OOO Uraldorstroy violated the Law on Protection of Competition. [1] The competing parties (...)

The US Supreme Court grants a motion to hear a constitutional challenge to the per se rule in a criminal antitrust case (Lischewski)
Robert Connolly Law (Philadelphia)
United States 23 contributions 5072 visits
Will the Supreme Court Grant Certiorari and Review the Per Se Rule?* I have no expertise in predicting whether the Supreme Court will grant certiorari on any given petition. But I am hopeful that the high court will do so on the issue of whether the application of the per se rule in a (...)

The French Court of Appeal dismisses separate follow-on damages claims by a director and the main shareholder of a company which had previously been granted compensation for losses arising from anticompetitive conduct (Switch / SNCF / Expedia)
Gide Loyrette Nouel (Paris)
France 8 contributions 25674 visits
,
Gide Loyrette Nouel (Paris)
France 2 contributions 139 visits
On December 3rd, 2021, the Paris Court of Appeal (the “Court”) confirmed a ruling by the Paris Commercial Court dismissing a damage claim brought by the former executive shareholder of Switch, a defunct online travel agency, against the national French railway company SNCF and online travel (...)

The Higher Regional Court of Frankfurt declares the national football association’s regulation on the placement of players is partially void on the grounds that some provisions are anticompetitive (DFB - German Football Association)
Hogan Lovells (Munich)
Germany 65 contributions 25084 visits
,
Hogan Lovells (Munich)
Germany 2 contributions 202 visits
In November 2021, the Higher Regional Court of Frankfurt (the “Court”) declared the German Football Association’s (Deutscher Fußball-Bund, “DFB”) Regulation for the Placement of Players (“RPP”) partially void. However, the players’ agents who had filed the lawsuit may eventually find this a (...)

The US District Court for the Eastern District of Texas rejects a motion to dismiss a per se Sherman Act violation by former executives at a staffing company for wage fixing in the market for physical therapists and assistants (Neeraj Jindal / John Rodgers)
Robert Connolly Law (Philadelphia)
United States 23 contributions 5072 visits
District Court Finds Antitrust Division’s First Wage Fixing Indictment Alleges a Per Se Violation* On November 29, 2021 in U.S. v. Neeraj Jindal and John Rodgers, Civil Action No. 4:20-CR-00358A (N.D. Texas), District Court Judge Amos L. Mazzant rejected defendants’ motion to dismiss the (...)

The Norwegian Competition Appeal Tribunal upholds the Competition Authority’s decision imposing a fine on two companies for restricting competition in the retail market for alarm services (Verisure / Sector Alarm)
Norwegian Competition Authority (Bergen)
Norway 32 contributions 3943 visits
Verisure’s appeal dismissed* The Competition Tribunal has upheld the Competition Authority’s decision finding that Verisure has violated the Competition Act by coordinating illegally with Sector Alarm, and that the conduct at issue constituted a restriction of competition by object. The (...)

The Cypriot Administrative Court upholds the Competition Authority’s fine imposed on the national telecommunications authority for setting unfair prices (Cyprus Telecommunications Authority)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8456 visits
The Administrative Court has upheld the decision of the Commission for the Protection of Competition and the fine imposed on the Cyprus Telecommunications Authority for infringements of the Protection of Competition Law of 2008 * The Administrative Court of the Republic of Cyprus has, by its (...)

The Hong Kong Competition Tribunal delivers its first judgment in a private enforcement action, rejecting claims of an alleged cartel in the supply of diesel (Shell Hong Kong / Meyer Aluminium)
Linklaters (Hong Kong)
Hong Kong 10 contributions 8418 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Competition Tribunal has delivered its judgment in the first private competition action in Hong Kong SAR. By rejecting the claims of an alleged cartel in (...)

The EU Court of Justice issues a long-awaited judgment clarifying the extent of an undertaking’s liability in follow-on actions (Sumal / Mercedes Benz Trucks España)
Portolano Cavallo (Milan)
Italy 63 contributions 9829 visits
,
Portolano Cavallo (Milan)
Italy 36 contributions 6816 visits
,
Portolano Cavallo (Milan)
Italy 4 contributions 1341 visits
On October 6, 2021, the Grand Chamber of the Court of Justice of the European Union (the “ECJ” or “Court”) issued a long-awaited decision in case C-882/19, Sumal SL (“Sumal”) v Mercedes Benz Trucks España SL (“MBTE”). The judgment shed light on whether, under EU competition law, the victim of (...)

The EU Court of Justice issues its judgment concerning the question of whether a subsidiary can be held liable for the anti-competitive behaviour of its parent company (Sumal / Mercedes Benz Trucks España)
Latham & Watkins (Brussels)
Belgium 3 contributions 934 visits
Red pill or blue pill? The European Court of Justice makes its choice: subsidiaries can be held liable for the infringements of their parent companies (Case C-882/19 – Sumal)* On 6 October 2021, the European Court of Justice (ECJ) issued its very much-awaited judgment in case C-882/19 Sumal, (...)

The EU Court of Justice endorses downward liability by deciding that parties harmed by anticompetitive conduct may claim damages directly against subsidiary companies (Sumal / Mercedes Benz Trucks España)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46219 visits
The Judgment of the European Union Court of Justice (CJEU) of 6 October 2021, Sumal, case C-882/19, addresses a request for a preliminary ruling from the provincial court of Barcelona in late 2019. The court is addressing the appeal brought by Sumal after the first instance court had dismissed (...)

The Russian Supreme Court supports the Competition Authority’s complaint against rulings which declared illegal the Authority’s decision to bring a telecommunications operator to administrative responsibility for non-compliance with its instructions (Tele2)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55738 visits
The Supreme Court supported the position of the FAS Russia on the Statute of Limitations for failure to comply with the regulations of the service* The time limit is one year On October 6, 2021, the Supreme Court of the Russian Federation upheld the complaint of the FAS Russia against (...)

The Moscow Arbitration Court supports the Competition Authority in its dispute against a telecommunications operator after it was found that the company increased the cost of mobile communication services on separate tariff plans (Tele2)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55738 visits
The Court supported the FAS Russia in the dispute with Tele2* From May 12, 2020, the company increased the cost of mobile communication services on separate tariff plans The Moscow Arbitration Court confirmed the legality of the decision and order of the FAS Russia in relation to T2 Mobile (...)

The EU General Court dismisses five separate appeals in an electrolytic capacitors cartel case, including on increased fines for repeated offences and partial immunity from fines (NEC / Nichicon / Tokin / Rubycon / Nippon Chemi-Con)
Van Bael & Bellis (Brussels)
Belgium 28 contributions 5354 visits
On 29 September 2021, the European General Court (“EGC”) dismissed in five separate judgments appeals lodged by Japanese producers, namely NEC Corporation, Nichicon Corporation, Tokin Corporation, Rubycon and Nippon Chemi-Con Corporation, against a decision adopted by the European Commission (...)

The EU General Court maintains the fines imposed by the Commission on several undertakings for their participation in a cartel on the market for aluminum and tantalum electrolytic capacitors (NEC / Nichicon / Tokin / Rubycon / Nippon Chemi-Con)
General Court of the European Union (Luxembourg)
Luxembourg 62 contributions 29618 visits
The General Court maintains the fines imposed by the Commission on several undertakings by reason of their participation in a cartel on the market for aluminium electrolytic capacitors and tantalum electrolytic capacitors * By decision of 21 March 2018 [1], the Commission imposed a total (...)

The New Zealand High Court imposes a $150K penalty over cartel conduct for taxi pick-up trips from Wellington Airport (Hutt / City Taxis)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23749 visits
Penalty imposed for taxi cartel conduct* The High Court has ordered Hutt and City Taxis Limited (Hutt & City) to pay a penalty of $150,000 in relation to fixing the prices of taxi fares. Statement of Preliminary Issues released on EROAD/Coretex clearance application The Commission (...)

The US State of California Superior Court for the County of Contra Costa awards $15 million in damages, plus attorney fees, to a cannabis company following a string of anticompetitive practices from its competitors (Richmond Compassionate Care Collective / Koziol)
Constantine Cannon (New York)
United States 2 contributions 552 visits
Budding Antitrust Activity in the Cannabis Industry: Lessons from Richmond Compassionate Care Collective v. Koziol* As the cannabis industry continues to blossom from the backwoods into a multi-billion dollar bonanza, the antitrust spotlight is poised to increasingly shine on the industry’s (...)

The Danish Eastern High Court upholds a decision by the City Court of Roskilde and fines an electric utility company for market sharing (Sydkystens Automatik)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35900 visits
High Court upholds fine for Electrician Company in competition case on market sharing* The Danish Eastern High Court has upheld a December 2020 decision by the City Court of Roskilde and has sentenced the company Sydkystens Automatik to pay a fine of DKK 400.000 (€ 53.800) in a competition (...)

The EU General Court upholds the Commission’s decision to fine a multinational telecommunications company €124.5M for gun jumping (Altice / PT Portugal)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 24 contributions 52892 visits
,
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 6 contributions 1545 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 9 contributions 5697 visits
…
On September 22, 2021, the General Court upheld the European Commission’s decision to fine Altice Europe NV, a multinational telecommunications company, for prematurely implementing its acquisition of PT Portugal. Altice had engaged in conduct that contributed to the change in control of PT (...)

The Slovenian Administrative Court upholds the Competition Authority’s decision in a bus bid rigging case and sets the standards for the analysis of future by object restrictions (Bus cartel)
Rojs, Peljhan, Prelesnik & partnerji (Ljubljana)
Slovenia 1 contribution 71 visits
On 16 September 2021, the Administrative Court of the Republic of Slovenia (“Administrative Court”) issued a judgment in an administrative dispute against a decision of the Slovenian Competition Protection Agency (“CPA”) deciding on an infringement of the Article 6 of the Slovenian Act on the (...)

The Spanish Supreme Court upholds suspending the start of proceedings to determine the scope and duration of public procurement bans on grounds of competition offences (Transporte Escolar Murcia)
Herbert Smith Freehills (Madrid)
Spain 22 contributions 31626 visits
,
Herbert Smith Freehills (Madrid)
Spain 3 contributions 652 visits
,
Herbert Smith Freehills (Madrid)
Spain 12 contributions 2118 visits
The Spanish Supreme Court (SC) has delivered a judgment in which it confirmed that courts are able to issue injunctive relief to temporarily prevent decisions on penalties rendered by the National Markets and Competition Commission (the Comisión Nacional de los Mercados y la Competencia, or (...)

The Düsseldorf Higher Regional Court acquits 3 breweries in the breweries cartel case (Kölsch-Kartell)
Blomstein (Berlin)
Germany 16 contributions 43908 visits
,
Blomstein (Berlin)
Germany 3 contributions 195 visits
,
Blomstein (Berlin)
Germany 2 contributions 120 visits
DÜSSELDORF HIGHER REGIONAL COURT ACQUITS BREWERIES IN KÖLSCH BEER CARTEL CASE (Kölsch-Kartell) On 8. September 2021, the Düsseldorf Higher Regional Court cleared three Kölsch breweries and two of their managing directors of price fixing (case number V-4 Kart 4/16 OWi), overturning fines (...)

The Australian Competition Authority accepts a court-enforceable undertaking after a bathroom ware supplier admits to likely resale price maintenance (Nero Bathrooms)
Ashurst (Sydney)
United States 17 contributions 2350 visits
Nero Bathrooms International Pty Ltd (trading as Nero Tapware) ("Nero"), a national supplier of bathroom-ware products, admitted it likely engaged in resale price maintenance by withholding supply of its products from a retailer when that retailer refused to raise its advertised prices. Key (...)

The US DoJ files a second civil contempt claim against an internet services company (CenturyLink)
US Department of Justice (Washington)
United States 176 contributions 74673 visits
Justice Department Files Second Civil Contempt Claim Against CenturyLink* CenturyLink Agrees to Pay $275,000 to Settle Violation of Amended Final Judgment CenturyLink Inc., now known as Lumen Technologies Inc., has agreed to pay $275,000 to resolve a civil contempt claim by the Department (...)

The Finnish Supreme Administrative Court issues a decision to clarify on the duration of a cartel in the power transmission line (Eltel)
Roschier (Helsinki)
Finland 5 contributions 14326 visits
The Finnish Supreme Administrative Court (Korkein hallinto-oikeus, ’SAC’) handed down its long-awaited ruling in the power transmission line cartel case on 20 August 2021 (KHO:2021:112), answering the question as to when anti-competitive behavior is considered to have ended and what that means (...)

The UK Competition Appeal Tribunal certifies the first competition class action on behalf of 46 million consumers who suffered loss as a result of anti-competitive interchange fees imposed by a payment company between 1992 and 2008 (Merricks / MasterCard)
Ashurst (London)
United Kingdom 14 contributions 2463 visits
,
Ashurst (London)
United Kingdom 13 contributions 2404 visits
On 18 August 2021, the UK’s Competition Appeal Tribunal ("CAT") certified the application by Mr Walter Merricks CBE to bring an opt-out class action on behalf of 46 million UK consumers who suffered loss as a result of anticompetitive interchange fees imposed by Mastercard between 1992 and (...)

The US Court of Appeals for the Second Circuit dismisses antitrust claims against two Chinese pharmaceutical companies for reasons of international comity (Animal Science Products / Hebei Welcome Pharmaceutical)
Cleary Gottlieb Steen & Hamilton (New York)
United States 1 contribution 236 visits
,
Cleary Gottlieb Steen & Hamilton (New York)
United States 1 contribution 236 visits
,
Cleary Gottlieb Steen & Hamilton (New York)
United States 1 contribution 236 visits
…
The U.S. Court of Appeals for the Second Circuit recently issued a 2-1 decision in In re Vitamin C Antitrust Litig., dismissing antitrust claims against two Chinese pharmaceutical companies for reasons of international comity in a case that has lasted over 15 years. On August 10, 2021, the (...)

The US FTC withdraws from the remaining case against a pharmaceutical company after the Supreme Court decides to strip consumers of relief (AbbVie / Allergan)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40304 visits
Federal Trade Commission Withdraws Remaining Case against AbbVie after Supreme Court Decision Strips Consumers of Relief* After the Supreme Court declined to review a ruling from the Third Circuit that AbbVie used sham litigation to illegally maintain a monopoly, the Federal Trade Commission (...)

The Ninth Arbitration Appeal Court of Moscow upholds the Russian Competition Authority’s decision finding six companies guilty of engaging in cartel activity through the setting and maintenance of high prices (Trives Trade / MedExpert / Optomed / Maltri / Orto)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55738 visits
Appeal supported FAS in the case of orthopedic products cartel* Six companies set recommended prices and sanctions for non-compliance with them in order to maintain the highest possible cost of products sold. The authority imposed fines on companies in the amount of more than 31 million (...)

The Turkish Supreme Court annuls the Competition Authority’s decision to impose a fine on a manufacturer of personal and home care products for resale price maintenance and clarifies that RPM cases require an element of "coercion" or "incentive" (Henkel)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81193 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 2 contributions 365 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 3 contributions 873 visits
This case summary includes an analysis of the 13th Chamber of the Council of State’s reversal (E. 2021/969, K. 2021/2654, 06.07.2021) of Ankara Regional Administrative Court’s judgment (E. 2020/394, K. 2020/2451, 23.12.2020). Ankara Regional Administrative Court upheld the Turkish Competition (...)

The Spanish Commercial Court of Granada grants the first €1.8M award for damages in a milk cartel case (Corporación Alimentaria Peñasanta / Puleva Food / Central Lechera de Galicia)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46219 visits
By Decision of 26 February 2015, INDUSTRIAS LACTEAS, file S/0425/12, the CNMC declared the existence of a cartel in the dairy industry, sanctioning several dairy companies for having reached agreements on purchase prices and distribution of supply sources, allowing the companies total control (...)

The Australian Federal Court dismisses the Competition Authority’s case against port commitment deeds in New South Wales (NSW Ports)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82477 visits
Court dismisses ACCC case against NSW Ports* The Federal Court has dismissed the ACCC’s proceedings against NSW Ports Operations Hold Co Pty Ltd and its subsidiaries Port Botany Operations Pty Ltd and Port Kembla Operations Pty Ltd (together: NSW Ports). The proceedings concerned (...)

The US Supreme Court affirms lower court decisions that certain restrictions imposed by a national sports association on educational benefits for student-athletes violate antitrust laws, a decision that may help future antitrust defendants (NCAA / Alston)
Bona Law (Detroit)
United States 25 contributions 5594 visits
On June 21, 2021, the U.S. Supreme Court affirmed lower court decisions and held that certain NCAA restrictions on educational benefits for student-athletes violated Sherman Act Section 1. The unanimous opinion was a clear win for the plaintiff class and almost certainly will lead to big (...)

The US Supreme Court unanimously affirms that a school sports association’s compensation limits for “education-related benefits” violate antitrust law (NCAA / Alston)
Hausfeld (Washington)
United States 7 contributions 978 visits
On June 21, 2021, the Supreme Court unanimously affirmed the Northern District of California’s findings in National Collegiate Athletic Association v. Alston concerning the NCAA’s rules limiting college athlete compensation. Leaving no doubt about the need for existential change from within (...)

The US Supreme Court upholds a decision stating that the restrictions imposed by the sports association on education-related compensation for student-athletes violate the antitrust laws (NCAA / Alston)
Baker & Miller (Washington)
United States 1 contribution 221 visits
More to Supreme Court’s NCAA decision than just sports* Introduction There has been a plethora of articles about the Supreme Court’s 21 June 2021 decision upholding a decision that the restrictions imposed by the National Collegiate Athletic Association (NCAA) on education-related (...)

The US Supreme Court prohibits a sports professional association from imposing conditions on its members as it violates antitrust law through "naked" wage-fixing of student-athletes (NCAA / Alston)
Robert Connolly Law (Philadelphia)
United States 23 contributions 5072 visits
Some “Twinkling of the Eye” Thoughts on NCAA v. Alston* The Supreme Court’s decision in Nat’l Collegiate Athletic Ass’n v. Alston, Nos. 20-512 and 20-520, 2021 WL 2519036, (U.S. June 21, 2021) is a boost for the Antitrust Division’s commitment to prosecute what it calls naked “wage fixing” (...)

The US Supreme Court rules that an association’s restrictions on compensation for college athletes in conjunction with educational expenses amount to an illegal price-fixing agreement in violation of antitrust laws (NCAA / Alston)
Hausfeld (Washington)
United States 8 contributions 9281 visits
,
Hausfeld (Washington)
United States 1 contribution 334 visits
,
Hausfeld (Washington)
United States 7 contributions 978 visits
…
In a unanimous decision, the Supreme Court today ruled (in Alston v. NCAA) that the National Collegiate Athletic Association’s restrictions on compensation to college athletes in conjunction with educational expenses amount to an illegal price-fixing agreement in violation of the antitrust (...)

The US Supreme Court upholds a district court injunction finding unlawful certain sport association rules limiting the education-related benefits schools may make available to student-athletes (NCAA / Alston)
Mercatus Center - George Mason University (Arlington)
United States 8 contributions 17605 visits
The Supreme Court Misses the Big Consumer Welfare Picture in NCAA v. Alston* In its June 21 opinion in NCAA v. Alston, a unanimous U.S. Supreme Court affirmed the 9th U.S. Circuit Court of Appeals and thereby upheld a district court injunction finding unlawful certain National Collegiate (...)

The US Supreme Court prohibits an association from restraining student-athlete education-related benefits while recognizing the association still retains considerable flexibility to regulate such benefits (NCAA / Alston)
Jones Day (Washington)
United States 2 contributions 972 visits
,
Jones Day (Colombus)
United States 3 contributions 1305 visits
,
Jones Day (Washington)
United States 25 contributions 7648 visits
…
The Court’s ruling that certain NCAA rules violate antitrust law opens the door for student-athletes to receive additional benefits. But it does not extend to compensation relating to athletic performance, conferences remain free to pass their own rules independently, and universities may (...)

The Indian Karnataka High Court dismisses petitions by 2 major online retailers challenging the probe ordered by the Competition Authority against them for alleged violations of Competition Law (Amazon / Flipkart)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42166 visits
Amazon and Flipkart lose (first) battle against Antitrust probe -Karnataka High Court dismisses the writ petition against CCI prima facie order* So, is it the beginning of the end of the Amazon (and Flipkart’s) combined market dominance or, at least, their allegedly vertical anti-competitive (...)

The German Federal Court of Justice finds narrow price parity clauses anticompetitive (Booking.com)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56681 visits
,
Van Bael & Bellis (Brussels)
Belgium 30 contributions 3990 visits
On 18 May 2021, the German Federal Court of Justice (“FCJ”) overturned the ruling of the Higher Regional Court of Düsseldorf concerning the use of (so-called) ‘narrow’ price parity clauses by Booking.com (“Booking”). These clauses, which were included in contracts concluded between Booking and (...)

The German Federal Court of Justice rules that an online hotel booking platform’s “narrow” best price clause violates antitrust law (Booking.com)
Bird & Bird (Dusseldorf)
Germany 2 contributions 937 visits
,
Bird & Bird (Dusseldorf)
Germany 4 contributions 981 visits
On May 18, 2021, the Federal Court of Justice (“FCJ”) ruled that Booking.com’s “narrow” best price clause violates Article 101 (1) TFEU (the cartel prohibition) as well. Thereby the FCJ overruled the Higher Regional Court of Düsseldorf which held that “narrow” best price clauses were not (...)

The Latvian Supreme Court upholds the Competition Authority’s decision to fine three amelioration system builders for participating in a cartel in construction project procurements (Limbazu Melio / Bauskas / Meliorācijas)
Latvian Competition Council (Riga)
Latvia 122 contributions 23795 visits
The court upholds the Competition Council’s decision regarding the established cartel in the land amelioration sector* By its 14 May decision not to initiate cassation proceedings, the Supreme Court upheld the decision of the Competition Council (CC) by which in 2018 the institution (...)

The UK Competition Appeal Tribunal confirms a pay-for-delay infringement decision but reduces the fines (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Van Bael & Bellis (Brussels)
Belgium 19 contributions 7629 visits
On 10 May 2021, the UK’s Competition Appeal Tribunal (“CAT”) issued its final decision in GSK (Paroxetine) – the long-running saga concerning pay-for-delay patent settlement agreements between GSK and several generics. The CAT upheld the Competition and Markets Authority’s (“CMA”) finding of (...)

The UK Competition Appeal Tribunal confirms infringement in paroxetine pay-for-delay case but slashes fines (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Ashurst (London)
United Kingdom 21 contributions 4299 visits
,
Ashurst (London)
United Kingdom 3 contributions 676 visits
The judgment was handed down by the Competition Appeal Tribunal ("CAT") in the paroxetine pay-for-delay case in 2018. However, the CAT decided to wait for a preliminary ruling from the European Court of Justice ("ECJ") on certain questions before determining the remaining grounds of appeal. (...)

The EU Court of Justice publishes the summary of an appeal by a sports association against a General Court’s decision stating that standards restricting athlete participation in rival events infringe Article 101 TFEU (International Skating Union)
Norton Rose Fulbright (Brussels)
United Kingdom 26 contributions 22946 visits
,
Covington & Burling (Brussels)
Belgium 2 contributions 573 visits
In May 2021, the Court of Justice of the European Union (“CJEU”) published the summary of an appeal filed by the International Skating Union (“ISU”) against a ruling from the General Court (“GC”) which found that ISU rules restricting athletes from taking part in rival events infringed Article (...)

The Cypriot Administrative Court annuls a decision that imposed a fine of €20.7M on petroleum companies (ExxonMobil / Hellenic Petroleum / Petrolina / Coral)
Trojan Economics (Nicosia)
Cyprus 11 contributions 2238 visits
,
Stelios Americanos & Co (Nicosia)
Cyprus 2 contributions 648 visits
The joined cases were brought before the Administrative Court of Cyprus (hereinafter the “Court”) by ExxonMobil Cyprus Ltd, Hellenic Petroleum Cyprus Ltd, Petrolina (Holdings) Public Ltd and Coral Energy Products Cyprus Ltd (hereinafter the “petroleum companies”) against the Commission for the (...)

The High Court of Catalonia annuls the Catalan Competition Authority’s decision to fine a professional association of tour guides for price fixing and market allocation (Professional Association of Tour Guides of Catalonia)
Baker McKenzie (Barcelona)
Spain 3 contributions 202 visits
,
Baker McKenzie (Madrid)
Spain 34 contributions 25307 visits
On April 2021, the Tribunal Superior de Justicia de Cataluña (High Court of Catalonia, the “High Court”) annulled an infringement decision (the “Decision”) issued by the Autoridad Catalana de la Competencia (Catalan Competition Authority, the “CCA”) on July 2018 against the Asociación (...)

The EU Court of Justice releases AG Pitruzzella’s opinion stating that a national court can order a subsidiary company to pay compensation for the harm caused by the anticompetitive conduct of its parent company (Sumal / Mercedes Benz Trucks España)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102594 visits
According to Advocate General Pitruzzella, a national court can order a subsidiary company to pay compensation for the harm caused by the anticompetitive conduct of its parent company in a case where the Commission has imposed a fine solely on that parent company* For that to be the case, (...)

The EU Court of Justice AG Pitruzzella issues the opinion that a national court may attribute liability to a subsidiary for the harm resulting from its parent company’s anticompetitive conduct by applying economic unit theory (Sumal / Mercedes Benz Trucks España)
Matheson (Dublin)
Ireland 13 contributions 1406 visits
,
Matheson (Dublin)
Ireland 2 contributions 356 visits
Irish subsidiary companies should be aware that they may be ordered to pay fines or compensation as a result of a parent company breaching competition law, and corporate groups should take this risk into account in the design of intra-group operations and competition law compliance programmes. (...)

The EU Court of Justice upholds the Commission’s fine and affirms that a parent company may be held jointly and severally liable for allocating markets and customers, price fixing, bid rigging and sharing commercially sensitive information (Italmobiliare)
McDermott Will & Emery (Paris)
France 32 contributions 7489 visits
,
McDermott Will & Emery (Paris)
France 28 contributions 3975 visits
On 24 June 2015, the EC fined 10 manufacturers of retail food packaging trays a total of EUR 115.8 million for having participated in a single and continuous infringement consisting of five separate cartels aimed at fixing prices, allocating customers and markets, bid-rigging and exchanging (...)

The German Federal Court of Justice rejects a follow-on damages claim but extends the factual presumption that cartel effects harm truck buyers further down the supply chain (Trucks Cartel)
Jones Day (Brussels)
Belgium 2 contributions 87 visits
On 13 April 2021, the German Federal Court of Justice (“BGH”) rejected a follow-on damages claim filed against truck manufacturer Daimler in relation to the European Commission’s ("Commission") Trucks decision. Nevertheless, it is generally seen as a ruling favorable for plaintiffs seeking (...)

The US Court of Appeals for the Fifth Circuit upholds the FTC’s ruling finding a generic drugmaker liable for anticompetitive infringements through a “reverse payment” settlement with a brand manufacturer (Endo / Impax)
Hausfeld (Philadelphia)
United States 1 contribution 283 visits
On April 13, 2021, the U.S. Court of Appeals for the Fifth Circuit upheld the Federal Trade Commission’s ruling that generic drug maker Impact Laboratories, LLC (now owned by Amneal Pharmaceuticals) engaged in an anticompetitive “reverse payment” settlement with brand manufacturer Endo (...)

The US Court of Appeals for the Fifth Circuit upholds the FTC’s ruling regarding an unlawful pay-for-delay agreement in the pharmaceutical sector (Endo / Impax)
Clifford Chance (Washington)
United States 1 contribution 827 visits
,
LCLD Leadership Council on Legal Diversity (Washington)
United States 3 contributions 1075 visits
,
Baker Botts (Washington)
United States 2 contributions 900 visits
On April 13, 2021, the U.S. Court of Appeals for the Fifth Circuit upheld the Federal Trade Commission’s (“FTC” or “Commission”) ruling that the “reverse-payment” settlement agreement between Endo Pharmaceuticals Inc. (“Endo”) and Impax Laboratories LLC (“Impax”) violated federal antitrust (...)

The US Court of Appeals for the Fifth Circuit rules that showing that the reverse payment settlement eliminated the possibility of an earlier generic entry is enough to infer anticompetitive effects (Endo / Impax)
Jones Day (New York)
United States 1 contribution 273 visits
,
Jones Day (Washington)
United States 2 contributions 466 visits
,
Jones Day (Washington)
United States 5 contributions 1007 visits
…
In Short The Background: In the Supreme Court’s landmark 2013 decision in FTC v. Actavis, the Court determined that large payments by branded drugmakers to potential generic entrants to settle patent disputes could be anticompetitive. It instructed district courts to apply the "rule of (...)

The US Court of Appeals for the Fifth Circuit upholds the FTC’s decision in the first fully litigated reverse payment decision against generic pharmaceutical companies (Endo / Impax)
Cleary Gottlieb Steen & Hamilton (Washington)
United States 5 contributions 1029 visits
,
Cleary Gottlieb Steen & Hamilton (Washington)
United States 12 contributions 23417 visits
,
American Antitrust Institute (Washington)
United States 1 contribution 462 visits
…
On April 13, the U.S. Court of Appeals for the Fifth Circuit affirmed the Federal Trade Commission’s decision that Impax Laboratories entered an anticompetitive “reverse payment” settlement with Endo Pharmaceuticals. This case was the FTC’s first fully litigated reverse payment case since the (...)

The Lithuanian Authority announces that the Supreme Administrative Court rejects the Competition Authority’s appeal and upholds the decision of the Court of First Instance which ordered to revisit the joint bid-rigging fine imposed on two container ship companies (Jadrana / Pasvalio melioracija)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20178 visits
Lithuanian Competition Authority will have to redecide on individualisation of fines for cartelists The Supreme Administrative Court of Lithuania (Court) rejected the appeal of the Lithuanian competition authority and upheld the decision of the court of first instance which ordered the (...)

The Dutch Trade and Industry Appeal Tribunal rules that the Competition Authority rightly imposed a fine for cartel violation in cold stores sector (Eimskip / Kloosbeheer / Samskip / H&S Coldstores)
Stibbe (Amsterdam)
Netherlands 2 contributions 1506 visits
This ruling is part of a case that has been going on for years. It concerns a cartel in the cold storage sector. The background to the case is as follows. Four companies from this sector were fined for three different cartel violations with fines ranging from €450,000 to €9.6 million. In (...)

The UK Court of Appeal confirms the High Court’s decision taking into account the claimant’s insolvency in considering whether it could have discovered the facts of the cartel to enable it to plead a viable claim (Granville / Infineon)
Hausfeld (London)
United Kingdom 11 contributions 1587 visits
,
Hausfeld (London)
United Kingdom 1 contribution 166 visits
The Court of Appeal (CoA) judgment in Granville v Infineon concerns the scope of the claimant’s duty of reasonable diligence in circumstances where facts of the harmful conduct were concealed from the claimant. The CoA dismissed the defendants’ appeal and confirmed that the High Court was (...)

The EU Court of Justice confirms the pay-for-delay infringement decision in the pharmaceutical sector (Lundbeck)
Van Bael & Bellis (Brussels)
Belgium 28 contributions 5354 visits
On 25 March 2021, the European Court of Justice (“ECJ”) dismissed all appeals against the 2016 rulings of the General Court which had upheld the European Commission’s (“Commission”) decision to fine Lundbeck and four generic pharmaceutical companies (Merck, Alpharma, Arrow and Ranbaxy) for (...)

The EU Court of Justice confirms the decision of the Commission to impose fines on several pharmaceutical companies (Lundbeck)
Hogan Lovells (Düsseldorf)
Germany 4 contributions 1199 visits
,
Hogan Lovells (Düsseldorf)
Germany 11 contributions 4174 visits
In the much-anticipated Lundbeck case (i.a. C-591/16 P), the European Court of Justice (“ECJ”) on 25th March 2021 confirmed the decision of the European Commission (“Commission”) to impose fines on Lundbeck and several generics companies. The case concerns a pay-for-delay agreement dating back (...)

The EU Court of Justice confirms the General Court’s judgment and Commission’s decision on pharmaceutical pay-for-delay agreements (Lundbeck)
Portolano Cavallo (Milan)
Italy 63 contributions 9829 visits
,
Portolano Cavallo (Milan)
Italy 36 contributions 6816 visits
,
Portolano Cavallo (Milan)
Italy 3 contributions 855 visits
On March 25, 2021, the Court of Justice of the European Union (ECJ) ruled on appeal in the Lundbeck case, confirming the previous judgement of the General Court (GC) that upheld the decision of the European Commission (Commission) on pharmaceutical “pay-for-delay” agreements (Case AT.39226 — (...)

The EU Court of Justice dismisses the appeals of several manufacturers of medicines involved in an agreement seeking to delay the marketing of the generic antidepressant citalopram (Lundbeck)
White & Case (Brussels)
Belgium 35 contributions 13128 visits
,
White & Case (Düsseldorf)
Germany 36 contributions 14366 visits
,
White & Case (Brussels)
Belgium 38 contributions 65541 visits
…
On 25 March 2021, the European Court of Justice ("ECJ") dismissed all the appeals against the European Commission’s decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement agreements. The judgments largely repeat the position taken by the (...)

The EU Court of Justice dismisses appeals by several manufacturers of medicines regarding pay-for-delay patent settlement agreements (Lundbeck)
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22850 visits
,
Van Bael & Bellis (Brussels)
Belgium 19 contributions 7629 visits
,
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52686 visits
…
On 25 March 2021, the Court of Justice of the European Union (CJEU) dismissed all appeals against the decision of the European Commission (the Commission) to fine Lundbeck and four generic pharmaceutical companies (Alpharma, Arrow, Merck, and Ranbaxy) for concluding “pay-for-delay” patent (...)

The EU Court of Justice dismisses the appeals of several manufacturers of medicines against the General Court’s judgment upholding the Commission’s pay-for-delay infringement decision (Lundbeck)
Covington & Burling (Brussels)
Belgium 2 contributions 1092 visits
,
Latham & Watkins (Brussels)
Belgium 4 contributions 963 visits
,
Norton Rose Fulbright (Brussels)
United Kingdom 26 contributions 22946 visits
On 25 March 2021, the Court of Justice of the European Union (“CJEU”) dismissed the appeals by Lundbeck, Merck KGaA (and Generics UK), Arrow, Alpharma (and Xellia) and Ranbaxy, against the General Court’s (“GC”) judgment upholding the European Commission’s (“Commission”) 2013 pay-for-delay (...)

The EU Court of Justice dismisses the appeals of several pharmaceutical companies involved in an agreement seeking to delay the marketing of a generic antidepressant (Lundbeck)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102594 visits
The Court of Justice dismisses the appeals of a number of manufacturers of medicines involved in an agreement seeking to delay the marketing of the genericantidepressant citalopram* The European Commission had imposed on them fines of almost € 150 million From the late 1970’s, the Danish (...)

The EU Court of Justice dismisses the appeals of several manufacturers of medicines and upholds the Commission’s decision regarding a pay-for-delay infringement (Lundbeck)
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71743 visits
,
Herbert Smith Freehills (London)
United Kingdom 3 contributions 1577 visits
,
Herbert Smith Freehills (Brussels)
Belgium 21 contributions 6826 visits
…
On 25 March 2021, the Court of Justice of the EU (“CJEU”) dismissed the appeals by Lundbeck and five producers of generic medicines against the General Court’s (GC) judgments that upheld the Commission’s decision and the fines it had imposed in its first pay-for-delay infringement decision in (...)

The EU Court of Justice confirms the judgment of the General Court that the pay-for-delay agreements concluded between originator and generics manufacturers were by-object restrictions (Lundbeck)
Ashurst (Brussels)
Belgium 37 contributions 9010 visits
The European Court of Justice ("ECJ") confirmed the judgment of the General Court ("GC") upholding the European Commission’s pay-for-delay decision. The ruling held that the originator and generics manufacturers must be considered potential competitors despite Lundbeck’s process patents, and (...)

The EU Court of Justice dismisses all appeals brought by a Danish pharmaceutical company and five generic manufacturers against the judgments of the General Court and upholds a decision of the Commission on patent settlement agreements between the companies (Lundbeck)
McDermott Will & Emery (Brussels)
Belgium 43 contributions 7551 visits
,
McDermott Will & Emery (Paris)
France 134 contributions 65966 visits
,
McDermott Will & Emery (Paris)
France 32 contributions 7489 visits
…
On 25 March 2021, the CJEU dismissed all the appeals brought by Danish pharmaceutical company H. Lundbeck A/S and five generic manufacturers against the judgments of the GCEU, thus upholding a decision of the EC on patent settlement agreements between Lundbeck and five generic manufacturers (...)

The Lithuanian Supreme Administrative Court upholds the Competition Authority’s decision regarding a cartel between 26 driving schools and their professional association (Driving schools cartel)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20178 visits
SUPREME ADMINISTRATIVE COURT OF LITHUANIA UPHOLDS COMPETITION AUTHORITY’S DECISION ON DRIVING SCHOOLS’ CARTELS* Driving schools and the Lithuanian association of driving schools (Association) which agreed to set prices of driving services for consumers will not avoid sanctions for cartel (...)

The Australian Federal Court orders a wholesaler of cycling accessories and sporting products to pay $350,000 for engaging in resale price maintenance (FE Sports)
Ashurst (Brisbane)
Australia 5 contributions 575 visits
The Federal Court of Australia has ordered that FE Sports, a wholesaler of cycling accessories and sporting products, pay AUD 350,000 (among other orders) for engaging in resale price maintenance ("RPM"). FE Sports admitted to the conduct. Key takeaways Suppliers must not prevent, or (...)

The Australian Federal Court fines a sports brand for resale price maintenance (FE Sports)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82477 visits
FE Sports to pay $350,000 penalty for resale price maintenance* The Federal Court has ordered wholesale distributor B & K Holdings (QLD) Pty Ltd, trading as FE Sports, to pay a $350,000 penalty after it declared by consent that FE Sports engaged in resale price maintenance in relation to (...)

The EU Court of Justice partially annuls a judgment of the General Court reducing to €2.6M the fine imposed on a company for its participation in the steel abrasives cartel (Pometon)
Herbert Smith Freehills (Brussels)
Belgium 44 contributions 17652 visits
,
Herbert Smith Freehills (Brussels)
Belgium 16 contributions 5093 visits
In March 2021, the Court of Justice of the EU ("CJEU") partially annulled a judgment of the General Court ("GC"), reducing from €3.8 million to €2.6 million the fine imposed on Pometon S.p.A ("Pometon") for its participation in the steel abrasives cartel. The CJEU granted the fine reduction (...)

The EU Court of Justice reduces the fine imposed on a company in the steel abrasives cartel case (Pometon)
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22850 visits
,
Van Bael & Bellis (Brussels)
Belgium 19 contributions 7629 visits
On 18 March 2021, the European Court of Justice (“ECJ”) delivered its judgment in Pometon SpA v European Commission (Case C-440/19) in connection with the Steel Abrasives cartel case. In its judgment, the ECJ partially upheld the appeal in so far as it found that the General Court had breached (...)

The Danish High Court founds that the agreement fixing the price of subscriptions concluded by a natural gas company had an anticompetitive intent and breached the Competition Act (Hovedstadsregionens og Midt-Nords Naturgasselskab I/S)
Bird & Bird (Copenhagen)
Denmark 36 contributions 8081 visits
,
Bird & Bird (Copenhagen)
Denmark 9 contributions 3894 visits
The Danish High Court has affirmed that Article 6(1) of the Danish Competition Act (corresponding to Article 101(1) TFEU), was infringed by a natural gas company, Hovedstadsregionens og Midt-Nords Naturgasselskab I/S (“HMN”), the trade association and two subcontractors, as these parties (...)

The Swiss Federal Supreme Court clarifies controversial questions regarding the privilege against self-incrimination in competition law proceedings (ApplePay)
Lenz & Staehelin (Zurich)
Switzerland 11 contributions 2473 visits
,
Lenz & Staehelin (Zurich)
Switzerland 1 contribution 44 visits
ApplePay proceedings lead to clarification on Nemo Tenetur in Competition Law* Early April, the Federal Supreme Court clarified controversial questions regarding the privilege against self-incrimination in Competition Law Proceedings in three much-noticed decisions (2C_383/2020, 2C_87/2020 (...)

The Finnish Market Court finds that three manufacturers of expanded polystyrene engaged in a single and continuous national price-fixing cartel (Jackon Finland / UK-Muovi / Styroplast)
Hannes Snellman (Helsinki)
Finland 23 contributions 3016 visits
On 3 March 2021, the Market Court agreed with the submission of the Finnish Competition and Consumer Authority ("FCCA"), that three manufacturers of expanded polystyrene (“EPS”), a building insulation material, had engaged in a national price fixing cartel lasting one and a half years. One (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s finding that a pharmaceutical company broke competition law by exchanging information (Lexon)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
Tribunal upholds CMA decision on pharma collusion and £1.2m fine The Competition Appeal Tribunal has today upheld the CMA’s finding that Lexon broke competition law, dismissing Lexon’s appeal. Last year, the Competition and Markets Authority (CMA) concluded its investigation into the (...)

The French Supreme Court rules that an undertaking continues to be involved in a cartel if it keeps receiving invitations to participate without clearly distancing itself and makes other participants interpret that it shares their objectives (Goodmills Deutschland / Grands moulins de Paris)
European Commission - DG COMP (Brussels)
Belgium 15 contributions 3347 visits
On 10 February 2021, the French Supreme Court (Cour de cassation) ruled that an undertaking continues to be involved in a cartel if it keeps receiving invitations to participate without clearly distancing itself and when other participants interpret that this undertaking shares their (...)

The Swedish Patent and Market Court of Appeal rejects damages claim by mobile phone subscriptions company against its mobile network supplier and wholesaler because concurrence of wills was not proven (Telesport / TeliaSonera Mobile Networks / Svea Billing Services)
Stockholm University
Sweden 6 contributions 8218 visits
,
Delphi (Stockholm)
Sweden 1 contribution 46 visits
SUMMARY The case relates to a stand-alone claim for damages brought by Telesport AB (Telesport) against TeliaSonera Mobile Networks AB (Telia) and Svea Billing Services AB (Svea Billing). Telesport claimed that the two defendants had entered into an anticompetitive agreement or engaged in a (...)

The Ukrainian Supreme Court overturns a fine for a tobacco cartel due to substantive and procedural errors made over the course of the investigation (Tedis)
Arzinger (Kiev)
Ukraine 1 contribution 68 visits
,
E+H Attorneys-at-Law (Vienna)
2 contributions 144 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In October 2019, Ukrainian news feeds ‘exploded’ as the Antimonopoly Committee of Ukraine (‘AMC‘, ‘Committee‘) imposed a record-breaking fine of a total of (...)

The EU Court of Justice confirms the scope of liability for investors in companies involved in cartels (Goldman Sachs)
Ashurst (Brussels)
Belgium 37 contributions 9010 visits
,
Ashurst (London)
United Kingdom 18 contributions 6217 visits
On 27 January 2021, the Court of Justice of the European Union ("the Court") upheld the €37.3 million fine imposed on Goldman Sachs as a result of the involvement of portfolio company Prysmian in the power cables cartel. The ruling has held that in the circumstances of this case, Goldman (...)

The EU Court of Justice declares that financial investors are liable for anti-competitive conduct of portfolio companies (Goldman Sachs)
White & Case (Paris)
France 1 contribution 219 visits
,
Dechert (Paris)
France 47 contributions 68736 visits
,
Dechert (Paris)
France 21 contributions 26449 visits
The European Court of Justice has confirmed that financial investors can incur parental liability for the anticompetitive practices of portfolio companies, even after an IPO that left the investor holding only a minority stake in the company, provided that they still have sufficient (...)

The EU Court of Justice confirms that a parent company is jointly liable for the conduct of a former subsidiary involved in a cartel in the high-voltage power cable sector (Goldman Sachs)
White & Case (Brussels)
Belgium 50 contributions 37893 visits
,
Norton Rose Fulbright (Brussels)
Belgium 2 contributions 1067 visits
,
White & Case (London)
United Kingdom 27 contributions 13394 visits
…
The European Court of Justice (the "ECJ") has confirmed the EU General Court’s (and the European Commission’s) finding that Goldman Sachs was jointly liable for the conduct of a former subsidiary, Prysmian, which the Commission fined for its involvement in the high voltage power cables cartel (...)

The EU Court of Justice confirms that private equity sponsors can be held financially liable for competition law infringements committed by indirectly managed portfolio companies (Goldman Sachs)
Matheson (Dublin)
Ireland 13 contributions 1406 visits
,
Matheson (Dublin)
Ireland 6 contributions 1341 visits
Key takeaways On 27 January 2021, the Court of Justice of the European Union (CJEU) issued its judgment in Goldman Sachs Group Inc. v European Commission (GS judgment) which confirms that PE sponsors can be held financially liable for competition law infringements committed by indirectly (...)

The EU Court of Justice confirms that financial investors can incur parental liability for the anticompetitive practices of their portfolio companies (Goldman Sachs)
Dechert (Paris)
France 47 contributions 68736 visits
,
Dechert (Paris)
France 21 contributions 26449 visits
,
Dechert (Paris)
France 20 contributions 21944 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The European Court of Justice has confirmed that financial investors can incur parental liability for the anticompetitive practices of portfolio companies, (...)

The EU Court of Justice confirms the liability of a parent company for the conduct of its subsidiaries involved in a cartel (Goldman Sachs)
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71743 visits
,
Herbert Smith Freehills (Brussels)
Belgium 44 contributions 17652 visits
,
European Commission - DG COMP (Brussels)
Belgium 4 contributions 1426 visits
On 27 January 2021, the Court of Justice of the EU (CJEU) dismissed in its entirety an appeal brought by the Goldman Sachs Group (Goldman Sachs) against a General Court ruling which confirmed Goldman Sachs’ joint and several liability in the 2014 power cables cartel (judgment here). The CJEU (...)

The EU Court of Justice upholds the General Court’s ruling on the EU Commission’s duty to pay default interest on reimbursed fines (Printeos)
Ashurst (Brussels)
Belgium 12 contributions 6347 visits
,
Ashurst (Brussels)
Belgium 37 contributions 9010 visits
On 20 January 2021 the European Court of Justice ("ECJ") upheld the General Court’s ruling on the European Commission’s duty to pay default interest on reimbursed fines as a form of restitutio in integrum, clarifying the rate to be applied and that late payment of interest will itself incur (...)

The EU Court of Justice rules that the duration of an infringement in the case of bid-rigging ends once the essential characteristics of the public tender are determined (Eltel)
Covington & Burling (Brussels)
Belgium 49 contributions 17694 visits
,
Covington & Burling (London)
United Kingdom 6 contributions 1420 visits
,
Covington & Burling (Brussels)
Belgium 14 contributions 5597 visits
Introduction In its preliminary ruling of 14 January 2021, the Court of Justice of the European Union (“CJEU”) clarified that the duration of an infringement in the case of bid rigging ends once the essential characteristics of the public tender are determined – which in practice likely (...)

The EU Court of Justice provides guidance on the end date of bid-rigging cartels (Eltel)
European Commission - DG COMP (Brussels)
Belgium 15 contributions 3347 visits
On 14 January 2021, the European Court of Justice (“ECJ”) handed down a judgment on a reference for a preliminary ruling from the Finnish Supreme Administrative Court (“FSAC”), in which it provides guidance on the duration of a company’s participation in a bid-rigging infringement. According (...)

The EU Court of Justice rules that cartel infringements end when competition is no longer restricted (Kilpailu- ja kuluttajavirasto)
Hogan Lovells (Munich)
Germany 65 contributions 25084 visits
,
Hogan Lovells (Munich)
Germany 6 contributions 2169 visits
In previous decisions the European Court of Justice ("ECJ") had ruled that cartel infringements continue as long as they have economic effects. This was partly interpreted to mean that a bid-rigging cartel only ends with the final payment of the cartelized price or the competition of the (...)

The EU Court of Justice confirms that a bid-rigging infringement ends when the essential characteristics of the contract are concluded with the contracting authority (Eltel)
Hannes Snellman (Helsinki)
Finland 23 contributions 3016 visits
On 14 January 2021, the Court of Justice of the European Union (CJEU) issued a preliminary ruling relating to a Finnish bid-rigging case stating that a bid-rigging infringement ends on the day the essential characteristics of the contract, in particular the price, are concluded with the (...)

The EU Court of Justice delivers a preliminary ruling setting out guidance on when an anticompetitive agreement on submitting prices in the context of a call for tenders is considered to come to an end (Eltel)
Ashurst (Brussels)
Belgium 37 contributions 9010 visits
On 14 January 2021, the European Court of Justice delivered a preliminary ruling (case C-450/19) setting out guidance on when an anticompetitive agreement on submitting prices in the context of a call for tenders is considered to come to an end. This ruling has important implications for the (...)

The EU Court of Justice clarifies that infringements end when it is no longer possible to restrict competition regarding bid-rigging (Kilpailu- ja kuluttajavirasto)
Hogan Lovells (Munich)
Germany 65 contributions 25084 visits
,
Hogan Lovells (Munich)
Germany 6 contributions 2169 visits
On 14 January 2021 the Court of Justice of the European Union (“CJEU”) delivered its ruling on national reference in Kilpailu- ja kuluttajavirasto , a key judgment on the legal end-point of single and continuous infringements in general and bid-rigging cartels in particular. In previous (...)

The EU Court of Justice decides that participation in a bid-rigging cartel ends when the basic characteristics of the contract between the parties are determined (Eltel)
Nedelka Kubáč advokáti (Prague)
Czech Republic 1 contribution 138 visits
When Is Participation In A Bid-Rigging Cartel Deemed To Have Ceased To Exist?* On 14 January 2021, the Court of Justice of the European Union (“CJEU”) confirmed that participation in a bid-rigging cartel ends when the basic characteristics of the contract between the “successful” tenderer (...)

The Paris Court of Appeal finds a significant imbalance in the long-term contractual relationship between the French incumbent parcel delivery operator and one of its clients (La Poste / Central Optics)
University Paris Saclay
France 1 contribution 493 visits
,
University Paris Saclay
France 1 contribution 493 visits
,
American Bar Association (New York)
United States 1 contribution 493 visits
…
Introduction In its ruling of the 7th January 2021, the Paris Court of Appeal applied the concept of "significant imbalance" in its anterior version now contained in Article L442-1 of the french commercial code. The notion of significant imbalance originates in consumer law and was extended (...)

The Latvian Supreme Court confirms the conclusion of the Competition Authority’s restrictions on the cremation market (Rīgas satiksme)
Latvian Competition Council (Riga)
Latvia 122 contributions 23795 visits
A judgment of the Supreme Court confirms the conclusion of the Competition Council on competition restriction on the cremation market of Riga* Already in 2015 the Competition Council of The Republic of Latvia (the CC), after conducted sector inquiry, raised alarm concerning the disorganised (...)

The Hong Kong Competition Tribunal issues fines against six decoration contractors and two individuals for engaging in cartel conduct in contravention of section 6 of the Competition Ordinance which prohibits anti-competitive agreements (Fungs / Yee Hing / Cheung Min / Hing Shing / Luen Hop / Dao Kee...)
Ashurst (Singapore)
Singapore 14 contributions 16255 visits
On 5 January 2021, the Hong Kong Competition Tribunal ("Tribunal") issued fines totalling approximately HKD 3.26 million against six decoration contractors and two individuals for engaging in cartel conduct in contravention of section 6 of the Competition Ordinance ("Ordinance"), which (...)

The Italian Council of State upholds the lower court’s annulment of the Competition Authority’s decision to fine broadcasters for an alleged anti-competitive agreement in the pay-TV service sector (League / Infront / Sky / Mediaset)
Ashurst (Brussels)
Belgium 45 contributions 45888 visits
,
Ashurst (Milan)
Italy 102 contributions 29541 visits
,
Ashurst (Brussels)
Belgium 12 contributions 6347 visits
On 12 December 2020, Italy’s highest administrative court, the Council of State, upheld the annulment of the Italian Competition Authority’s ("ICA") decision to fine broadcasters Mediaset and Sky Italia, the Italian Football League, and marketing agency Infront a total of €66m for an alleged (...)

The Italian Supreme Administrative Court rejects the Competition Authority’s judgment, ruling that the allocation of broadcasting rights is not the result of an anticompetitive agreement between companies in the pay-TV sector (League / Infront / Sky / Mediaset)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5453 visits
,
Bird & Bird (Rome)
Italy 19 contributions 4086 visits
On 28 December 2020, the Italian Supreme Administrative Court (Consiglio di Stato – "CDS") issued a judgment marking the last act in the national judicial dispute related to the assignment of the Lega Serie A (i.e. the main national professional league in Italy – "the League") broadcasting (...)

The UK Competition Appeal Tribunal dismisses the appeal of a Northern Irish producer against its £25.4 million fine for participating in a cartel concerning the supply of concrete drainage products (FPM)
Ashurst (London)
United Kingdom 21 contributions 4299 visits
,
Ashurst (London)
United Kingdom 3 contributions 217 visits
In October 2019, the Competition and Markets Authority ("CMA") imposed fines totalling £36 million on three Northern Irish concrete producers, including FP McCann ("FPM"), for participating in a cartel in relation to the supply of concrete drainage products between July 2006 and March 2013 (...)

The UK Competition Appeal Tribunal rejects concrete producer procedure-based appeal against concrete pipe cartel fine (FPM)
Government Legal Department (London)
United Kingdom 18 contributions 2462 visits
On 22 December 2020, the UK’s Competition Appeal Tribunal (“CAT”) rejected concrete producer FP McCann’s appeal of a decision by the Competition and Markets Authority (“CMA”) fining it for its participation in a cartel in the supply of pre-cast concrete drainage products. FP McCann appealed (...)

The Spanish National Court annuls the Competition Authority’s decision imposing fines on several companies for taking part in four cartels (Cementos)
Herbert Smith Freehills (Madrid)
Spain 22 contributions 31626 visits
,
Herbert Smith Freehills (Madrid)
Spain 12 contributions 2118 visits
,
Herbert Smith Freehills (Brussels)
Belgium 44 contributions 17652 visits
…
The National Court has annulled the CNMC’s decision in case S/DC/0525/14 CEMENTOS. In this case, the CNMC fined a number of companies for taking part in four cartels, which constituted four separate single and continuous infringements. However, the National Court, found that the conditions for (...)

The Spanish Second-Instance Court reduces the overcharge in an appeal against a judgment awarding damages in the context of a follow-on action deriving from the EU Commission’s decision to fine a cartel of trucks manufacturers (Iveco / Trucks cartel)
Ashurst (Madrid)
Spain 14 contributions 2243 visits
On 18 December 2020, a Spanish second-instance court (Audiencia Provincial de Asturias, "APA") issued a ruling partially endorsing an appeal brought by IVECO S.a.P. ("IVECO") against a judgment awarding damages to one of its customers in the context of a follow-on action deriving from the EU (...)

The EU General Court delivers ruling on the application of competition law to sports authorization rules and upholds the role of the Court of Arbitration for Sport (International Skating Union)
Norton Rose Fulbright (Brussels)
Belgium 2 contributions 1067 visits
,
White & Case (Düsseldorf)
Germany 36 contributions 14366 visits
,
White & Case (Geneva)
2 contributions 741 visits
…
The General Court of the European Union (the "General Court") has confirmed this week that the eligibility rules of the International Skating Union ("ISU"), which penalized athletes participating in competitions not authorized by the ISU, infringe EU competition law. While the EU General (...)

The EU General Court issues a judgment stating that an international skating union may apply a prior authorization system for third party events only if the applicable rules and procedures are fair, transparent, and proportionate (International Skating Union)
Free University of Brussels (ULB)
Belgium 17 contributions 29417 visits
,
Ashurst (Brussels)
Belgium 37 contributions 9010 visits
On 16 December 2020 the General Court of the European Union (the "Court") issued an important ruling in the International Skating Union ("ISU") case. While accepting that sports governing bodies may apply a prior authorisation system for third party events to ensure that all sports (...)

The EU General Court rules that sports associations can not stop athletes from competing in third-party events (International Skating Union)
King & Spalding (Brussels)
Belgium 10 contributions 5281 visits
,
King & Spalding (Brussels)
Belgium 8 contributions 1610 visits
On 16 December 2020, the General Court largely confirmed the European Commission’s Decision according to which the International Skating Union’s (the “ISU”) rules on eligibility are contrary to EU competition law. However, it partially annulled the Commission’s Decision on the ground that it (...)

The EU General Court confirms that the rules of a sports union providing severe penalties for athletes taking part in other speed skating events are contrary to EU competition law (International Skating Union)
General Court of the European Union (Luxembourg)
Luxembourg 62 contributions 29618 visits
The General Court confirms that the rules of the International Skating Union (ISU) providing for severe penalties for athletes taking part in speed skating events not recognised by it are contrary to EU competition law* On the other hand, the Commission was wrong to dispute the ISU’s (...)

The EU General Court judges that sports federations’ rule of banning athletes for participation in unauthorized events can – in certain circumstances – constitute a by object infringement of Article 101 TFEU (International Skating Union)
Latham & Watkins (Brussels)
Belgium 12 contributions 4641 visits
,
Herbert Smith Freehills (Brussels)
Belgium 3 contributions 513 visits
By its Judgment of 16 December 2020, the General Court (‘GC’) confirms the European Commission’s (‘Commission’) Decision finding that the International Skating Union’s (‘ISU’) governance rules violate competition law. The Judgment backs the Commission’s conclusion that the ISU’s rules banning (...)

The Finnish Market Court confirms that an association of driving schools has breached competition law by issuing price recommendations that sought to increase the price level of driving lessons (Uusimaa association of driving schools)
Hannes Snellman (Helsinki)
Finland 23 contributions 3016 visits
On 15 December 2020, the Market Court agreed with the submission of the Finnish Competition and Consumer Authority ("FCCA"), that the regional association of driving schools in Finland’s most populous region, Uusimaa, ("Association") as well as the Association’s Board members, had breached (...)

The EU Court of Justice annuls a Commission’s decision accepting legally binding commitments offered by a company aimed at addressing an investigation into cross-border pay-TV in the EU (Paramount / Sky / Groupe Canal +)
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8891 visits
,
Herbert Smith Freehills (Brussels)
Belgium 44 contributions 17652 visits
,
Herbert Smith Freehills (Brussels)
Belgium 3 contributions 358 visits
…
On 9 December 2020, the Court of Justice of the EU (“CJEU”) annulled a European Commission decision accepting legally binding commitments offered by Paramount aimed at addressing a Commission investigation into cross-border pay-TV in the EU (the “Paramount Commitment Decision”). The CJEU also (...)

The EU Court of Justice annuls the Commission’s decision on a pay-TV service company’s commitments for breaching the principle of proportionality (Paramount / Sky / Groupe Canal +)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 26 contributions 8365 visits
,
Greenomy (Brussels)
Belgium 1 contribution 220 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 40 contributions 39362 visits
…
On December 9, 2020, the Court of Justice of the European Union granted Canal+’s application to annul the European Commission’s decision under Article 9 of Regulation No. 1/2003 to adopt commitments offered by Paramount (the “Commitments Decision”). The commitments prohibited Paramount from (...)

The EU Court of Justice annuls the Commission’s settlement decision for its failure to consider adverse effects on third party interests (Paramount / Sky / Groupe Canal+)
European Commission - DG COMP (Brussels)
Belgium 15 contributions 3347 visits
On 9 December 2020, the European Court of Justice (“ECJ”) upheld Canal +’s appeal against the General Court’s (“GC”) judgment that had upheld the Commission’s commitments decision in the Paramount case, and annulled the GC’s judgment as well as the Commission decision (Case C-132/19 P). The (...)

The EU Court of Justice overturns a decision and declares a settlement between a company in the pay-TV service and the Commission null and void (Paramount / Sky / Groupe Canal+)
Hogan Lovells (Düsseldorf)
Germany 2 contributions 440 visits
,
Hogan Lovells (Düsseldorf)
Germany 11 contributions 4174 visits
Settlements are a frequently used means of efficiently terminating proceedings, not only in cartel cases but also in other antitrust proceedings. The EU Commission can avoid having to spend resources on a time-consuming investigation and there are advantages for the companies concerned as (...)

The EU Court of Justice annuls a Commission decision allowing a TV company to preserve competition on the markets of pay-TV services (Paramount / Sky / Groupe Canal+)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102594 visits
The Court of Justice annuls a Commission decision making binding the commitments offered by a company in order to preserve competition on the markets* The fact that it is possible, for the contracting partners of a company which has made commitments not to comply with certain contractual (...)

The EU Court of Justice sets aside a judgment of the General Court upholding a decision of the Commission to make binding commitments offered by an American film studio on cross-border pay-TV services (Paramount)
Ashurst (London)
United Kingdom 13 contributions 2404 visits
On 9 December 2020, the European Court of Justice ("ECJ") set aside a judgment of the General Court upholding a 2016 decision by the European Commission ("Commission") to make binding commitments offered by Paramount on cross-border pay-TV services. This is the first time that a commitment (...)

The EU Court of Justice annuls the Commission’s decision that made commitments legally binding for companies in the pay-TV services sector (Paramount / Sky / Canal+)
University of Vienna
Austria 5 contributions 958 visits
Canal+ (C-132/19 P): The Court of Justice Annuls Commitment Decision – The Importance of Third Party Contractual Rights* Today, the Court of Justice annulled the Commission decision that made commitments legally binding for Paramount. This decision is the first annulment of a commitment (...)

The Paris Court of Appeal preserves the presumption of innocence but upholds the fines imposed by the Competition Authority on a German chemical company (Brenntag)
Addleshaw Goddard (Paris)
France 39 contributions 44088 visits
On 3 December 2020, the Paris Court of Appeal ("Court") confirmed the fines imposed by the French Competition Authority ("FCA") in 2013 on the German chemical distributor Brenntag, and its former parent company Deutsche Bahn, of EUR 47 million and EUR 5.2 million respectively for participating (...)

The German Regional Court of Bonn dismisses a pesticide producer’s claim for state liability against the Competition Authority (BayWa)
Van Bael & Bellis (Brussels)
Belgium 30 contributions 3990 visits
,
Van Bael & Bellis (Brussels)
Belgium 24 contributions 4821 visits
On 2 December 2020, the Regional Court of Bonn (“Court”) dismissed a claim of € 72.8 million by crop protection producer BayWa against the German Federal Cartel Office (“FCO”). BayWa argued that the FCO had violated its procedural rights, in particular the principle of equal treatment, in the (...)

The German Regional Court in Bonn dismisses plant protection wholesaler’s action to establish the Competition Authority’s liability (BayWa)
German Competition Authority (Bonn)
Germany 447 contributions 113759 visits
BayWa’s legal action to establish Bundeskartellamt’s liability dismissed* The action brought by BayWa AG, Munich, against the Bundeskartellamt to establish the authority’s liability was dismissed in full by the Regional Court in Bonn today (case no. 1 O 201/20). BayWa had filed a claim for (...)

The US District Court for the District of Delaware contradicts the Supreme Court precedent regarding patent settlements in the pharmaceutical sector (Chimicles Schwartz Kriner / Donaldson-Smith / Amgen / Teva / Watson / Actavis)
White & Case (New York)
United States 3 contributions 1370 visits
,
White & Case (Washington)
United States 9 contributions 3648 visits
,
White & Case (Washington)
United States 11 contributions 1651 visits
A Nov. 30 decision by the U.S. District Court for the District of Delaware, In re: Sensipar Antitrust Litigation, contradicts controlling U.S. Supreme Court precedent and, if followed, could have significant implications for patent settlements well outside the pharmaceutical context in which (...)

The French Competition Authority amends its decision-making practice in the field of public procurement to comply with the recent case law of the EU Court of Justice, making the administrative courts the only regulators thereof (Ovimpex group / Dhumeaux / Mondial Viande Service / Vianov)
Bryan Cave Leighton Paisner (Paris)
France 1 contribution 577 visits
,
French Ministry of Economy and Finance (Paris)
France 1 contribution 577 visits
Introduction On 25 November 2020, the French Competition Authority (hereafter, the “FCA”) amended its decision-making practice in the field of public procurement (FCA, Decision 20-D-19 of 25 November 2020), to comply with the recent judgement “Ecoservice Projektai” of the European Court of (...)

The Cypriot Administrative Court annuls a decision that imposed a fine and an obligation to inform the association of undertakings’ members of their freedom regarding tender submissions in the electricity sector (MECAC)
Trojan Economics (Nicosia)
Cyprus 1 contribution 123 visits
,
Stelios Americanos & Co (Nicosia)
Cyprus 2 contributions 648 visits
,
Trojan Economics (Nicosia)
Cyprus 11 contributions 2238 visits
The Administrative Court of Cyprus delivered its decision on the administrative recourse filed by the Mechanical and Electrical Contractors Association of Cyprus (“Applicant” or “MECAC”) against the Cyprus Commission for the Protection of Competition (“CPC” or “Respondent”) for the annulment (...)

The Hong Kong Competition Authority welcomes the Competition Tribunal’s judgment against an IT cartel for price-fixing in the first case where the liability and relief portions of the proceedings have been resolved by settlement (Quantr / Cheung Man Kit / Nintex)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11368 visits
Competition Commission welcomes judgment in IT cartel conduct case* The Competition Commission (Commission) welcomes the judgment handed down by the Competition Tribunal (Tribunal) today (3 November) in proceedings involving the exchange of competitively sensitive information in the IT (...)

The EU Court of Justice dismisses appeal brought by a power cable producer for its involvement in a market-sharing cartel (Pirelli)
European Commission - DG COMP (Brussels)
Belgium 15 contributions 3347 visits
On 28 October 2020, the Court of Justice (the “ECJ”) dismissed an appeal brought by Pirelli & C. SpA (“Pirelli”) against the judgment of the General Court (“GC”) which had upheld the Commission’s decision against Pirelli in the Power Cables cartel case. On 2 April 2014, the Commission (...)

The Indian Supreme Court dismisses the Competition Authority’s special leave petition against the Karnataka High Court’s stay on investigations against two online shopping platforms for alleged anticompetitive conduct in the mobile phone market (Amazon / Flipkart)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8404 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10246 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10312 visits
…
A three-judge bench of the Supreme Court on October 26, 2020 rejected the CCI’s challenge to the Karnataka HC’s stay on the investigations directed by the CCI against Amazon and Flipkart. In January, 2020, the CCI has ordered investigation into allegation of, inter alia, exclusive (...)

The Russian Ninth Arbitration Court of Appeal confirms the Competition Authority’s fines for a construction cartel in the Karachay-Cherkessian Republic (Chance / Kubanskoye / Karachaevskoye / Yugelektromontazh / Invest)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55738 visits
Appeal Confirmed Legality of the Decision Against the Cartel in Karachai-Cherkessia* The tenders for the construction of roads, buildings and facilities in the republic were held in violation of the antimonopoly law. Fines for companies exceeded 106 million rubles It should be reminded (...)

The Italian Administrative Court of First Instance annuls the Competition Authority’s decision sanctioning a cartel of car manufacturers because of a breach of the parties’ right to a reasonable duration of the proceedings and for failing to characterize the ’by object’ restriction (Banca / Banque PSA / Santander Consumer Bank / BMW Bank)
Ashurst (Milan)
Italy 102 contributions 29541 visits
,
Ashurst (Brussels)
Belgium 45 contributions 45888 visits
,
Ashurst (Brussels)
Belgium 12 contributions 6347 visits
On 21 October 2020 the Italian Administrative Court of First Instance ("TAR Lazio") annulled the decision issued by the Italian Competition Authority ("ICA") on 20 December 2018 sanctioning a number of car manufacturers and their "captive banks" in relation to an alleged cartel concerning car (...)

The EU Court of Justice AG Hogan recommends reducing fine imposed on a company in steel abrasives cartel case (Pometon)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92652 visits
,
Milbank (London)
United Kingdom 12 contributions 2089 visits
,
Van Bael & Bellis (Brussels)
Belgium 28 contributions 5354 visits
On 8 October 2020, Advocate General (“AG”) Hogan issued his opinion in Pometon SpA v European Commission (Case C-440/19) in connection with the Steel Abrasives cartel case. In his opinion, the AG advises the Court of Justice (“ECJ”) to partially uphold the appeal in so far as the General Court (...)

The Italian Supreme Administrative Court rules on a bid-rigging cartel in the auditing and consulting sector (Deloitte / EY / KPMG / PwC)
Van Bael & Bellis (Brussels)
Belgium 29 contributions 5255 visits
On 6 October 2020, the Italian Supreme Administrative Court (Consiglio di Stato) ruled on the appeals lodged by the Italian Competition Authority and seven companies in relation to a big-rigging cartel case in the auditing and consulting sector, confirming the Competition Authority’s initial (...)

The EU General Court partially annuls the Commission’s inspection decisions ordering several French undertakings active in the distribution sector to submit to dawn-raid inspections (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Bird & Bird (Rome)
Italy 19 contributions 4086 visits
,
Luiss Guido Carli University (Rome)
Italy 27 contributions 5453 visits
In October 2020, the General Court of the European Union (GC) issued an important decision in the joined Casino cases which promises to ensure that competition investigations will be more robust and afford greater protection to companies‘ rights. Both the European Commission (EC) and companies (...)

The EU General Court annuls partially the Commission’s decision ordering dawn raids on the premises of French supermarkets and their joint purchasing alliance (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Portolano Cavallo (Milan)
Italy 63 contributions 9829 visits
,
Portolano Cavallo (Milan)
Italy 36 contributions 6816 visits
On October 5, 2020, the General Court of the European Union partially annulled decisions of the European Commission ordering dawn raids on the premises of French supermarkets Casino and Intermarché and their joint purchasing alliance INCA Auchats (see cases T-249/17, T-254/17 and T-255/17). (...)

The EU General Court partially annuls the Commission’s decision authorizing unannounced dawn raids to be carried out at the headquarters of two French food retail chains (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Dechert (Paris)
France 47 contributions 68736 visits
,
Magenta (Paris)
France 1 contribution 254 visits
,
Dechert (Paris)
France 20 contributions 21944 visits
In three recent judgments issued on 5 October 2020, the General Court of the European Union ("GCEU") partially annulled the European Commission’s ("Commission") decisions of February 2017 which had authorized onsite unannounced inspections ("dawn raid”) to be carried out at the headquarters of (...)

The EU General Court annuls in part the Commission’s inspection decisions following suspicions of anticompetitive practices by several French undertakings in the distribution sector (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
General Court of the European Union (Luxembourg)
Luxembourg 62 contributions 29618 visits
The General Court annuls in part the Commission’s inspection decisions following suspicions of anticompetitive practices by a number of French undertakings in the distribution sector* The Commission has failed to show that it had sufficiently strong evidence to suspect exchanges of information (...)

The EU General Court partially annuls the decisions of the Commission to order dawn raids on a number of French retailers (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
White & Case (Brussels)
Belgium 35 contributions 13128 visits
Partial annulment of European Commission decisions to order dawn raid inspections* On 5 October 2020, the General Court of the European Union (GC) partially annulled decisions of the European Commission (EC) to order on-the-spot inspections (dawn raids) of a number of French retailers.. (...)

The EU General Court partially annuls the Commission’s decision ordering inspections at French food retail chains headquarters (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Addleshaw Goddard (Paris)
France 39 contributions 44088 visits
On 5 October 2020, the EU General Court ("GC") partially annulled European Commission ("Commission") decisions ordering inspections at ITM and Casino’s premises in 2017 following suspicions of illegal anticompetitive exchanges of competitively sensitive information. WHAT YOU NEED TO KNOW - (...)

The EU General Court partially annuls decisions ordering dawn raids at the headquarters of two French food retail chains (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Covington & Burling (Brussels)
Belgium 49 contributions 17694 visits
,
Gide Loyrette Nouel (Paris)
France 1 contribution 191 visits
In three related judgments of October 5, 2020 (T-249/17, T-254/17 and T-255/17) the General Court (the “GC”) partially annulled European Commission inspection decisions which were the basis for dawn raids on several French retailers. The judgments further develop the position adopted in Czech (...)

The German District Court of Dortmund implements the Kühnen approach to private enforcement in practice and estimates the cartel overcharge to be at least 15% for a rail sector cartel (Rail Cartel)
Spieker & Jaeger (Dortmund)
Germany 3 contributions 2253 visits
The esteemed (former) chief judge of the First Senate of the Düsseldorf Higher Regional Court (‘Oberlandesgericht’), Jürgen Kühnen, in 2019 provided ample arguments for an estimation of damages in Private Law. The District Court (‘Landgericht’) of Dortmund implemented Kühnen’s approach in (...)

The Regional Court of Dortmund estimates a cartel overcharge of at least 15% in the rail sector without involving any court-appointed economic experts (Rail cartel)
Hogan Lovells (Munich)
Germany 39 contributions 4341 visits
,
Hogan Lovells (Munich)
Germany 65 contributions 25084 visits
,
Hogan Lovells (Düsseldorf)
Germany 4 contributions 1199 visits
1. Introduction Determining the overcharge and, with that, the amount of cartel damages potentially suffered, is considered one of the most difficult aspects of cartel damages litigation in practice. The District Court of Dortmund (the “District Court”), known for its bold and innovative (...)

The EU Court of Justice rejects power cables appeal on dawn raid powers and successor liability, and fines the company €104.6M for taking part in an international cartel (Prysmian)
Ashurst (London)
United Kingdom 18 contributions 6217 visits
,
Ashurst (Brussels)
Belgium 45 contributions 45888 visits
On 24 September 2020, the European Court of Justice ("ECJ") fully dismissed an appeal brought by Prysmian, therefore upholding the European Commission’s ("Commission") decision to fine Prysmian EUR 104.6 million for taking part in an international Power Cable cartel. WHAT YOU NEED TO KNOW - (...)

The EU Court of Justice dismisses a manufacturing company’s appeal against a fine imposed for the power cable cartel (Prysmian)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92652 visits
,
Van Bael & Bellis (Brussels)
Belgium 28 contributions 5354 visits
On 24 September 2020, the Court of Justice (“ECJ”) rejected the Italian power-cable manufacturer Prysmi- an’s appeal against the € 104.6 million fine imposed on it by the Commission in 2014 for its involvement in the Power Cables cartel case. The ECJ upheld the earlier ruling by the General (...)

The German Federal Court of Justice rules on a damages claim following a Commission decision sanctioning a cartel of truck manufacturers (Trucks cartel)
Ashurst (Munich)
Germany 9 contributions 1748 visits
,
Ashurst (Frankfurt)
Germany 15 contributions 4175 visits
In a decision of 23 September 2020, published early January 2021, the German Federal Court of Justice ("BGH") rejected a follow-on damages claim filed against Daimler in relation to the European Commission’s ("Commission") Trucks decision. This is the first time that the highest German civil (...)

The Dutch District Court of Noord-Nederland holds a former director personally liable for the North Sea shrimps cartel (Gerard Willem Breuker)
Bird & Bird (The Hague)
Netherlands 7 contributions 3821 visits
,
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 11 contributions 5138 visits
Introduction On 23 September 2020 a former director of one of the North Sea shrimps cartelists was held personally liable for damage of over € 13 million by the Dutch District Court of Noord-Nederland (“Court”). According to the Court, the director’s personal involvement in the cartel (...)

The Ankara Regional Administrative Court annuls the Competition Authority’s decision to close its preliminary investigation conducted against a company regarding its alleged resale price maintenance practices in the food retailing sector (Duru Bulgur)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81193 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 5528 visits
This case summary includes an analysis of the Ankara 13th Administrative Court’s (the “Court”) judgment, where the Court reviewed and annulled the Turkish Competition Board’s (the “Board”) decision to close its preliminary investigation conducted against Duru Bulgur Gıda San. Tic. A.Ş. (“Duru (...)

The Italian Competition Authority welcomes the decision to annul the tendering procedure for the integrated management of the judicial documents notifications service (Prefecture of Rome)
Italian Competition Authority (Rome)
Italy 69 contributions 18403 visits
The Italian Competition Authority welcomes the decision of the Prefecture of Rome to annul the tendering procedure for the assignment of the service of integrated management of the notifications of judicial documents* The Authority had previously sent a reasoned opinion in which it noted (...)

The Norwegian Court of Appeal in Borgarting upholds the Competition Authority’s decision finding illegal cooperation between 2 publishing companies (Cappelen Damm / Gyldendal)
Norwegian Competition Authority (Bergen)
Norway 32 contributions 3943 visits
Court of Appeal upholds decision against publishing companies* Borgarting Court of Appeal agrees with the Norwegian Competition Authority that the publishing companies Cappelen Damm and Gyldendal cooperated illegally and boycotted the distributor Interpress. The publishers exchanged (...)

The Finnish Market Court imposes a €50,000 penalty on hospital district for direct procurement that breaches the Act on Public Procurement and Concession Contracts (Helsinki and Uusimaa Hospital District)
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12572 visits
The Market Court imposes EUR 50,000 penalty payments in total on HUS for direct procurement that breaches the Act on Public Procurement and Concession Contracts* As per two separate proposals made by the Finnish Competition and Consumer Authority (FCCA), the Market Court has imposed a total (...)

The UK Competition Authority applies for a director disqualification in relation in an exchange of information case (Lexon)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
On 27 August 2020, the CMA applied for a director disqualification order against Mr. Pritesh Sonpal in connection with its decision to fine the company of which he is a director, Lexon, for exchanging commercially sensitive information about Nortriptyline Tablets with two other companies. On (...)

The UK Supreme Court holds that an English court can enjoin infringement of a UK SEP where the infringer is willing to take a UK license, but refuses to take a worldwide licence on FRAND terms (Huawei / Unwired Planet)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 40 contributions 39362 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 26 contributions 8365 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 880 visits
…
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 26 August, 2020, the UK Supreme Court decided a standard-essential patent (SEP) dispute between Huawei and Unwired Planet. [1] The Supreme Court held that (...)

The UK Supreme Court confirms that English courts may set the terms of global licences to portfolios of standard essential patents (Unwired Planet / Huawei)
Bristows (London)
United Kingdom 3 contributions 4487 visits
,
Bristows (London)
United Kingdom 1 contribution 262 visits
English courts given green light to set terms of global FRAND licences* On 26 August 2020, the UK Supreme Court (UKSC) gave its eagerly awaited judgment in Unwired Planet v Huawei and Conversant v Huawei & ZTE. In a unanimous policy-driven decision, the Court dismissed the appeals (...)

The UK Supreme Court confirms that it is possible to set global FRAND rates and global licences to portfolios of standard-essential patents (Unwired Planet / Huawei)
Baker Botts (Brussels)
Belgium 27 contributions 19892 visits
,
Baker Botts (Brussels)
Belgium 15 contributions 5229 visits
The U.K. Supreme Court’s 26 August ruling on standard-essential patents (SEPs) is the latest in a series of recent decisions that are likely to have a profound effect on FRAND license negotiations across the globe, in particular for the next generation 4G and 5G mobile telecommunication (...)

The UK Supreme Court hands down a judgment involving a software and a telecommunications company, providing answers to questions concerning the English Courts’ approach to FRAND disputes (Unwired Planet / Huawei)
Hogan Lovells (London)
United Kingdom 1 contribution 588 visits
,
Hogan Lovells (London)
United Kingdom 1 contribution 588 visits
,
Hogan Lovells (London)
United Kingdom 1 contribution 588 visits
The UK Supreme Court has handed down its long-awaited judgment in the Unwired Planet v Huawei and Conversant v Huawei & ZTE proceedings ([2020] UKSC 37), providing answers on several key questions concerning the English Courts’ approach to FRAND disputes. In a unanimous judgment, the (...)

The UK Supreme Court issues its ruling in a standard essential patent case and clarifies the Courts’ approach to FRAND disputes (Unwired Planet / Huawei)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 40 contributions 39362 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 26 contributions 8365 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 880 visits
…
On 26 August 2020, the UK Supreme Court issued its judgment in a standard-essential patent (SEP) dispute between Huawei and Unwired Planet (see full alert memorandum). Unwired Planet is a patent assertion entity that acquires and licenses patents. In 2013, it acquired telecoms patents from (...)

The German Federal Court of Justice overrules the Higher Regional Court of Düsseldorf’s decision to terminate proceedings against a bid rigging cartel (Bid rigging cartel)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92652 visits
,
Van Bael & Bellis (Brussels)
Belgium 28 contributions 5354 visits
,
Van Bael & Bellis (Brussels)
Belgium 30 contributions 3990 visits
On 25 August 2020, the German Federal Court of Justice (“FCJ”) overturned the decision of the Higher Regional Court of Düsseldorf to terminate proceedings against members of a bid-rigging cartel fined by the FCO in 2018. The FCJ ruled that the Higher Regional Court of Düsseldorf had erred in (...)

The Dutch Trade and Industry Appeals Tribunal reduces by 99% a fine which was imposed by the Competition Authority for a cartel due to the special circumstances surrounding the COVID-19 pandemic
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 11 contributions 5138 visits
,
Bird & Bird (The Hague)
Netherlands 7 contributions 3821 visits
The Dutch Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven, “CBb”) reduced a fine imposed by the Dutch Authority for Consumers & Markets (“ACM”) on an unidentified undertaking with 99%, from €1 million to €10.000,-. The ACM asked the court to lower the fine, (...)

The US District Court for the Southern District of New York terminates long-standing Paramount consent decrees, thereby allowing after 7 decades the classic movie studios to form closer agreements with movie distributors (Paramount Pictures)
US Department of Justice (Washington)
United States 176 contributions 74673 visits
Federal Court Terminates Paramount Consent Decrees* A federal court in the Southern District of New York today terminated the Paramount Consent Decrees, which for over seventy years have regulated how certain movie studios distribute films to movie theatres. The review and termination of (...)

The Latvian Supreme Court upholds the Competition Authority’s conclusion that a city council’s auction to lease its crematorium is groundlessly restrictive (Riga City Council / Rīgas kremācijas centrs – krematorija)
Latvian Competition Council (Riga)
Latvia 122 contributions 23795 visits
A judgment of the Supreme Court confirms the conclusion of the Competition Council on competition restriction on the cremation market of Riga* Already in 2015 the Competition Council of The Republic of Latvia (the CC), after conducted sector inquiry, raised alarm concerning the disorganised (...)

The Turkish Competition Authority grants an individual exemption for a subcontracting agreement concluded with a subcontractor in the same market taking into account localization of the import-dependent insulin industry and sustainability of the quality (Novo Nordisk)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81193 visits
On November 5, 2019, Novo Nordisk Sağlık Ürünleri Ticaret Ltd. Şti. (“Novo Nordisk”) applied to the Turkish Competition Authority (“Authority”) for a negative clearance or an individual exemption with respect to a subcontracting agreement with Abdi İbrahim İlaç San. ve Tic. A.Ş. (“Abdi (...)

The Spanish High Court rejects the appeal brought by a consultancy firm fined for acting as a facilitator in a car cartel (ANT)
Ashurst (Madrid)
Spain 14 contributions 2243 visits
,
Spanish Competition Authority (CNMC) (Madrid)
Spain 8 contributions 1409 visits
In 2015, the Spanish Competition Authority ("CNMC") sanctioned a cartel of Land Rover dealers, and found that a consultancy firm, ANT Servicalidad, was also liable for the conduct as it acted as a facilitator of the cartel. In a recent judgment, the Spanish High Court rejected the appeal (...)

The Israeli Competition Tribunal upholds the Competition Authority’s instruction prohibiting an importer from reporting to a multinational consumer products company on parallel imports of the company’s toothpaste (Schestowitz / Colgate-Palmolive)
Israel Competition Authority (Jerusalem)
Israel 17 contributions 2111 visits
The Competition Tribunal has confirmed an instruction of the Director-General, which prohibits Schestowitz from reporting to Colgate-Palmolive on parallel imports of Colgate toothpaste* The Competition Tribunal granted the force of a judgment to a new instruction of the Director-General to (...)

The EU Court of Justice upholds the Commission’s right to continue inspection at Brussels premises in Power Cable cartel case (Nexans)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92652 visits
,
Linklaters (London)
United Kingdom 34 contributions 3101 visits
On 16 July 2020, the Court of Justice of the European Union (the “ECJ”) delivered a judgment dismissing the appeal by Nexans France and its parent company Nexans (together “Nexans”) against the judgment of the General Court of the European Union (the “GC”) in the Power Cables cartel case. By (...)

The German Federal Court of Justice grants Competition Authority the right to appeal against the Dusseldorf Higher Regional Court’s ruling regarding the use of narrow parity clauses (Booking)
Van Bael & Bellis (Brussels)
Belgium 30 contributions 3990 visits
On 14 July 2020, the German Federal Court of Justice (“FCJ”) granted the Federal Cartel Office (“FCO”) the right to appeal on points of law against the judgment of the Higher Regional Court of Düsseldorf in Booking. The Higher Regional Court of Düsseldorf (see VBB on Competition Law, Volume (...)

The Amsterdam Court of Appeal upholds the legality for non-luxury brands to ban resale on third-party platforms (Nike / Action Sport / Amazon)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56681 visits
,
European Court of Justice (Luxembourg)
Luxembourg 9 contributions 1945 visits
On 14 July 2020, the Amsterdam Court of Appeal (the “Court”) handed down its judgment in the dispute between Nike European Operations Netherlands B.V. (“NEON”) and Action Sport SOC. COOP, A.R.L. (“Action Sport”), an Italian retailer of Nike’s sportswear, footwear and related products. The (...)

The EU General Court reduces the fine imposed on a company for its participation in the smart card chip market by almost €6 million (Infineon Technologies)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46219 visits
,
Callol, Coca & Asociados (Madrid)
Spain 61 contributions 3949 visits
,
Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22030 visits
…
By decision of 3 September 2014, the Commission established the existence of a cartel in the smart card chip sector in the EEA from 2003 to 2005. Within said cartel, several undertakings, namely Infineon, Philips, Samsung and Renesas, had coordinated their pricing policy through a network of (...)

The UK High Court makes its first competition disqualification order in the real estate sector (Michael Martin)
Radcliffe Chambers (London)
United Kingdom 1 contribution 139 visits
In the summer of 2020 the first application by the Competition and Markets Authority (‘the CMA’) for a competition disqualification order pursuant section 9A of the Company Directors Disqualification Act 1986 (‘CDDA’) was heard remotely by the English High Court (Re Property Group (2010) (...)

The UK High Court grants the first application for a competition disqualification order to come to trial by the UK Competition Authority against an estate agency director guilty of cartel participation by knowing of it and not acting to stop it (Michael Martin)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95521 visits
Court orders disqualification of estate agent cartel director* In the first contested case of its kind, the CMA has secured the disqualification of a director whose Somerset estate agency breached competition law. Following a four day trial last month, Mr Michael Martin was today (...)

The Paris Court of Appeal orders a telephone operator to pay €180M in a follow on damages claim arising as a result of exclusivity agreements (Digicel Antilles Françaises Guyane / Orange)
Herbert Smith Freehills (Paris)
France 56 contributions 12577 visits
Brief summary of facts Orange Caraïbe was fined by the FCA for: (i) imposing exclusivity clauses in distribution agreements with its independent distributors, (ii) having an exclusivity agreement with Cetelec, the only authorised repairer of terminals in the Caribbeans; (iii) setting up a (...)

The UK Supreme Court gives an important judgment in the litigation regarding two payment platform providers’ interchange fees (Sainsbury’s / Visa / Mastercard)
Shearman & Sterling (London)
United Kingdom 2 contributions 394 visits
,
Shearman & Sterling (London)
United Kingdom 23 contributions 14037 visits
,
Shearman & Sterling (Brussels)
Belgium 21 contributions 10105 visits
…
Introduction The U.K. Supreme Court has handed victory to a group of British retailers (the “respondents”) in a long-running dispute with Mastercard and Visa Europe (the “appellants”) finding that the default “multilateral interchange fees” (MIFs) set by Mastercard and Visa and charged by (...)

The UK Supreme Court partially dismisses an appeal concerning the two payment processing networks on the basis that their multilateral interchange fees restricted competition (Sainsbury’s / Visa / MasterCard)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 26 contributions 8365 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 19 contributions 21380 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 4 contributions 681 visits
…
On 17 June 2020, the Supreme Court handed down a much anticipated judgment concerning the default multilateral interchange fees (MIFs) set by Mastercard and Visa (together, the Appellants). The case considered appeals relating to three separate damages actions brought by retailers against (...)

The Paris Court of Appeal rejects an appeal against a follow-on damages claim by a rival telecommunications provider and grants a reduction in the amount of damages to be paid (Orange / Digicel)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46627 visits
On 17 June 2020, the Paris Court of Appeal rejected Orange’s (formerly known as France Telecom) appeal against a follow-on damages claim by rival telecommunications provider Digicel (formerly known as Bouygues Telecom) but granted a reduction in the amount of damages to be paid of nearly € 100 (...)

The Paris Court of Appeal hands down an important judgment in a follow-on damages claim for the consequences of abusive practices in the telecommunications market (Orange / Digicel)
University Paris-Panthéon-Assas
France 7 contributions 12837 visits
On June 17, 2020, the Paris Court of Appeal handed down an important decision in the Digicel / Orange case. Digicel has indeed initiated an action to be compensated for the consequences of the abusive practices implemented in the Antilles-Guyana zone by Orange-Caraïbe and Orange between 2000 (...)

The UK Supreme Court finds a competition law infringement caused by payment card schemes used in supermarkets (Sainsbury’s / Visa & MasterCard)
Hausfeld (London)
United Kingdom 4 contributions 821 visits
,
Hausfeld (London)
United Kingdom 6 contributions 1058 visits
The UK Supreme Court recently handed down its eagerly anticipated Judgment in respect of unlawful interchange fee claims against MasterCard and VISA, following almost a decade of litigation. The Judgment provides welcome clarity to merchant retailers as to the unlawfulness of MasterCard’s and (...)

The UK Supreme Court finds that multilateral interchange fees between credit card companies violate competition law (Sainsbury’s / Visa / MasterCard)
Osborne Clarke (London)
United Kingdom 28 contributions 719 visits
Brief summary of facts Sainsbury’s brought an action before the High Court seeking a declaration that the multilateral interchange fees (MIFs) set by Visa for transactions in the UK (the UK MIFs) were, at the relevant times, unlawful as being contrary to Article 101(1) of the TFEU and/or the (...)

The UK Supreme Court finds that payment card schemes used in supermarkets infringe competition law (Sainsbury’s / Visa / MasterCard)
Morgan Lewis (London)
United Kingdom 28 contributions 16346 visits
,
Morgan Lewis (London)
United Kingdom 26 contributions 9873 visits
,
Davis Polk (London)
United Kingdom 1 contribution 454 visits
On June 17, 2020, the UK Supreme Court handed down its judgment in the appeals on the lawfulness of multilateral interchange fees, or swipe fees, (MIFs) in Sainsbury’s Supermarkets Ltd (Respondent) v. Visa Europe Services LLC and Others (Appellants) and Sainsbury’s Supermarkets Ltd and Others (...)

The UK Supreme Court confirms that two payment platform providers’ fees restricted competition (Visa / MasterCard)
Slaughter and May (London)
United Kingdom 2 contributions 746 visits
,
Slaughter and May (Brussels)
Belgium 1 contribution 34 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 17 June 2020, the Supreme Court unanimously upheld an earlier Court of Appeal ruling that Mastercard and Visa’s multilateral interchange fees (MIFs) (...)

The UK Supreme Court hands down its judgment on an appeal relating to competition damage claims brought by retailers against two payment platform providers (Sainsbury’s / Visa / Mastercard)
Frontier Economics (London)
United Kingdom 2 contributions 81 visits
,
Frontier Economics (London)
United Kingdom 2 contributions 81 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The UK Supreme Court recently handed down its judgment on appeals relating to competition damages claims brought by Sainsbury’s and other retailers against (...)

The UK Supreme Court dismisses an appeal concerning the two largest payment processing networks on the basis that their multilateral interchange fees restricted competition (Sainsbury’s / Visa / MasterCard)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92652 visits
On 17 June 2020, the UK Supreme Court dismissed Mastercard and Visa’s appeal against a 2018 ruling by the Court of Appeal of England and Wales and ruled that their multilateral interchange fees (“MIFs”) unlawfully restricted competition. The Supreme Court’s ruling potentially exposes (...)

The UK Supreme Court finds that multilateral interchange fees between credit card companies violate competition law (Sainsbury’s / Visa / MasterCard)
Irish Department of Justice and Equality (Dublin)
Ireland 1 contribution 135 visits
Interchange fees restrict competition: Is the UK Supreme Court giving Article 101(1) TFEU a final glance?* In a long running legal battle, some clarity has finally been provided by the Supreme Court of the United Kingdom in relation to the implications of multi-lateral interchange fees (...)

The Paris Court of Appeal provides guidance in the context of an action for damages related to anti-competitive practices in the telecommunications sector (Orange Caraïbe / Digicel)
CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17307 visits
,
CDC Cartel Damage Claims (Brussels)
Belgium 1 contribution 157 visits
On 17 June 2020, the Paris Court of Appeal (Court) delivered its judgment (Orange judgment) in which it ordered Orange to pay EUR 249.5 million (EUR 181.5 million in damages plus EUR 68 million in interest) to Digicel Antilles and Guyana, following the implementation by the former of a number (...)

The Peruvian Supreme Court confirms the Competition Authority’s sanctions imposed on a medical oxygen cartel for bid-rigging by a national health insurer’s public tenders (Messer Gases / Linde Gas / Praxair)
Peruvian Competition Authority - INDECOPI (Lima)
Peru 8 contributions 1926 visits
The Supreme Court of Justice confirmed the sanction imposed by Indecopi to the Medical Oxygen Cartel* The Permanent Constitutional and Social Law Chamber of the Supreme Court has declared unfounded the cassation appeals filed by the companies Messer Gases del Perú S.A., Linde Gas Perú S.A. (...)

The Paris Court of Appeal upholds the dismissal of a French car repairers’ complaints against a car manufacturer’s alleged discrimination in determining membership of its authorised repair network (Hyundai)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7619 visits
,
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56681 visits
,
Clifford Chance (Brussels)
Belgium 7 contributions 1332 visits
On 4 June 2020, the Competition Chamber of the Paris Court of Appeal (the “Court”) handed down a judgment dismissing the appeal filed by three car repairers (the “Claimants”) against a decision of the French Competition Authority (the “FCA”) to reject their complaint against Hyundai Motor (...)

The Lithuanian Supreme Administrative Court upholds the decision finding construction companies guilty of bid-rigging in public procurement (PST / Irdaiva / Active Construction Management)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20178 visits
Supreme Administrative Court of Lithuania: Construction Companies Restricted Competition in Public Procurement Through Joint Bidding* The Supreme Administrative Court of Lithuania (Court) rejected the appeals by the construction company Panevėžio statybos trestas (PST) and company Active (...)

The Indian National Company Law Appellate Tribunal clarifies the emerging jurisprudence on hub-and-spoke cartels and standing requirements in a case concerning two ride-hailing platforms in the automobile services market for fixing cab fares through their apps (Uber / Ola)
National Law School of India University
3 contributions 1606 visits
,
Khaitan & Co (New Delhi)
India 2 contributions 668 visits
In a relief to the multinational giant, Uber, and home-grown Ola (collectively, Ride-hailing Platforms), the National Company Law Appellate Tribunal (NCLAT) – India’s appeal tribunal for competition matters – dismissed an appeal filed by Samir Agrawal (Informant). In doing so, the NCLAT has (...)

The Indian National Company Law Appellate Tribunal dismisses an appeal against two ride-sharing platforms for price fixing (Uber / Ola)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8404 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10246 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10312 visits
…
Key Points The Competition Act specifically provides the modes by which the CCI may take cognizance of allegations of contravention of the Competition Act. An information concerning any allegations may be filed before CCI under Section19(1)(a) of the Competition Act, only by a person who has (...)

The Paris Court of Appeal confirms the Competition Authority’s decision to fine an IT undertaking for obstructing a competition investigation (Akka)
Total Energies (Paris)
France 30 contributions 7475 visits
On 26 May 2020, the Paris Court of appeal ("Court") confirmed the fine imposed by the French Competition Authority ("FCA") on an undertaking for having obstructed a competition investigation. On 22 May 2019, the FCA adopted its first decision sanctioning a company for having obstructed a (...)

The Spanish Supreme Court sheds light on the liability of cartel members not directly active in the relevant market (FENIN)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46219 visits
,
Callol, Coca & Asociados (Madrid)
Spain 61 contributions 3949 visits
,
Latham & Watkins (Brussels)
Belgium 24 contributions 3223 visits
…
In 2016, the CNMC fined €128.8 million on seven manufacturers, a business association (the Spanish Federation of Healthcare Technology Companies (FENIN)) and four individuals for setting up a price-fixing cartel of adult diapers sold in pharmacies (Decision of 26 May 2016, AIO, file (...)

The EU Court of Justice partially annuls the General Court power cables cartel decision and reduces the fine imposed by €200,000 (NKT)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92652 visits
On 14 May 2020, the Court of Justice of the European Union (the “Court of Justice”) partly set aside a judgment of the General Court dismissing the action brought by NKT Verwaltungs GmbH (formerly nkt cables GmbH) and NKT A/S (formerly NKT Holding A/S) (together, “NKT”) in the Power Cables (...)

The EU Court of Justice partially quashes the General Court’s decision and reduces the fines on eleven producers of high voltage power cables for their participation in a global market-sharing cartel (NKT)
Ashurst (Brussels)
Belgium 1 contribution 277 visits
,
Ashurst (Brussels)
Belgium 45 contributions 45888 visits
,
Ashurst (Brussels)
Belgium 37 contributions 9010 visits
…
On 14 May 2020, the European Court of Justice (the "ECJ") partially quashed the General Court’s (the "GC") judgment upholding the European Commission’s ("Commission") power cables cartel decision with respect to NKT and its wholly owned subsidiary NKT Verwaltungs (together "NKT" or the (...)

The German Higher Regional Court dismisses a private damages claim against a former drugstore chain on the grounds that the claimant did not suffer any damage as a consequence of the anticompetitive information exchange (Drogeriekartell)
Hogan Lovells (Munich)
Germany 65 contributions 25084 visits
,
Hogan Lovells (Munich)
Germany 39 contributions 4341 visits
,
Hogan Lovells (Munich)
Germany 34 contributions 1348 visits
…
Brief summary of facts Claimant brought an action for damages in the amount of EUR 212 million against the former suppliers of a drugstore chain. The German Federal Cartel Office had fined these suppliers for anti-competitive exchange of information. Brief summary of judgment The Higher (...)

The Danish Competition Authority submits for public hearing a new version of guidelines on joint bidding
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35900 visits
Public hearing on guidelines on joint bidding* The Danish Competition and Consumer Authority has published a draft version of the guidelines “When companies bid jointly – guidelines for joint bidding under competition law”. The guidelines are now in public hearing. The Danish Competition (...)

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)
France 11 contributions 6716 visits
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 (...)

The German Regional Court of Hanover rules that the assignment of claims to a parent company is invalid because the economic risk relating to the claims had not been entirely transferred to claimant (Sugar Cartel)
Hogan Lovells (Munich)
Germany 65 contributions 25084 visits
,
Hogan Lovells (Munich)
Germany 39 contributions 4341 visits
,
Hogan Lovells (Munich)
Germany 34 contributions 1348 visits
…
Brief summary of facts Claimant brought an action for damages in the amount of EUR 15 million against the defendants on the basis of their participation in the sugar cartel, which was established and fined by the German Federal Cartel Office in its decision of 18 February 2014. The claims of (...)

The Italian Supreme Administrative Court upholds the annulment of a non-compliance decision of the Competition Authority due to breaches of the rights of the defense (Italian National Bar Council)
Gattai, Minoli, Agostinelli, Partners (Rome)
Italy 4 contributions 14290 visits
,
Gattai, Minoli, Agostinelli, Partners (Rome)
Italy 1 contribution 88 visits
The Italian Supreme Administrative Court (“Consiglio di Stato” or “CdS”) upheld the annulment of a decision adopted by the Italian Antitrust Authority (“IAA” or “Authority”) with reference to the alleged non-compliance of the Italian National Bar Council (Consiglio Nazionale Forense, “CNF” or (...)

The Hong Kong Competition Authority welcomes the Competition Tribunal’s first judgment on its decision regarding pecuniary penalties taken against ten construction and engineering undertakings engaged in a cartel
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11368 visits
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 (...)

The Latvian Administrative Regional Court in Riga confirms involvement of a local government company in the so-called nano water acquisition bid-rigging case (Rīgas satiksme)
Latvian Competition Council (Riga)
Latvia 122 contributions 23795 visits
The court confirms involvement of the local government company SIA “Rīgas satiksme” in the so-called nano water acquisition bid-rigging* On 20 April, the Administrative Regional Court left effective the decision adopted by the Competition Council of Latvia (the CC), according to which last (...)

The US Court of Appeals for the Third Circuit overturns a district court decision certifying a class of direct purchaser plaintiffs without undertaking a rigorous analysis to resolve factual disputes, assess competing evidence, or weigh conflicting expert testimony (Lamictal)
McDermott Will & Emery (New York)
United States 6 contributions 1088 visits
,
Crowell & Moring (Washington)
United States 17 contributions 2525 visits
,
McDermott Will & Emery (Chicago)
United States 13 contributions 3286 visits
The US Court of Appeals for the Third Circuit recently concluded in In re Lamictal Direct Purchaser Antitrust Litigation that a district court’s reliance on average prices to determine class-wide impact was insufficient. Instead, courts must conduct a rigorous analysis of the facts, evidence (...)

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)
Chile 1 contribution 342 visits
The Chilean Supreme Court recently upheld a landmark decision by the Competition Tribunal (“TDLC”) in Fiscalía Nacional Económica en contra de Cencosud S.A. y otras, Rol C-304-2016, condemning the country’s three largest supermarkets chains for having engaged in a conspiracy to fix minimum (...)

The German Federal Court of Justice upholds the Competition Authority’s decision finding that certain online banking associations infringed competition law by imposing T&C on online payments preventing customers from entering their codes when accessing third party payments (Deutsche Kreditwirtschaft)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92652 visits
On 7 April 2020, the German Federal Court of Justice (the “FCJ”) issued its judgment on an appeal against a decision of the Federal Cartel Office (the “FCO”) which had found that a number of German banking associations had infringed competition law in connection with general terms and (...)

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
Dentons (Prague)
Czech Republic 14 contributions 3246 visits
,
Bird & Bird (Prague)
Czech Republic 25 contributions 4327 visits
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 can 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)
United Kingdom 13 contributions 2404 visits
,
ADNOC Group (Abu Dhabi)
United Kingdom 29 contributions 5373 visits
,
Ashurst (Brussels)
Belgium 37 contributions 9010 visits
…
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 emphasizes 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)
Germany 65 contributions 25084 visits
,
Hogan Lovells (Munich)
Germany 2 contributions 959 visits
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)
Belgium 386 contributions 92652 visits
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 (...)