Judicial review in cartel cases

Anticompetitive practices

The EU Commission fines five banks for participating in foreign exchange spot trading cartel (Barclays / RBS / Citigroup / JPMorgan / MUFG)
DG COMP (Brussels)
Antitrust: Commission fines Barclays, RBS, Citigroup, JPMorgan and MUFG €1.07 billion for participating in foreign exchange spot trading cartel* In two settlement decisions, the European Commission has fined five banks for taking part in two cartels in the Spot Foreign Exchange market for 11 (...)

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

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

The Spanish Competition Authority imposes fines totalling € 118 million on railway infrastructure companies for participating in a cartel (Cobra / Elecnor / Siemens / Semi / Inabensa / Alstom / Cymi / Isolux / Electre / Comsa / Indra / Neopul / Telice / Eym / Citracc)
Van Bael & Bellis (Brussels)
On 14 March 2019, the Spanish competition authority (“CNMC”) imposed fines totalling € 118 million on fifteen companies, namely Cobra, Elecnor, Siemens, Semi, Inabensa, Alstom, Cymi, Isolux, Electren, Comsa, Indra, Neopul, Telice, Eym and Citracc, for their involvement in a cartel on the market (...)

The Jerusalem District Court sentences to imprisonment a member of a tree-pruning cartel following a joint investigation of the Competition Authority and the National Fraud Investigations Unit (Zohar Katz)
Israel Antitrust Authority (IAA)
The Jerusalem District Court sentenced a member of the tree-pruning cartel to 11 months’ imprisonment* The Jerusalem District Court (Judge A. Rubin) sentenced today (Wed.) the defendant Zohar Katz to 11 months’ imprisonment, a fine of NIS 100,000 and forfeiture of an additional sum of NIS (...)

The EU Commission fines car safety equipment suppliers for illegal information exchanges (Takata / Autoliv / TRW)
DG COMP (Brussels)
Antitrust: Commission fines car safety equipment suppliers € 368 million in cartel settlement* The European Commission has fined Autoliv and TRW a total of € 368 277 000 for breaching EU antitrust rules. Takata was not fined as it revealed the cartels to the Commission. The companies took part (...)

The EU Commission imposes fines totalling € 368 million on car safety equipment suppliers in cartel settlement decision (Takata / Autoliv / TRW)
Van Bael & Bellis (Brussels)
On 5 March 2019, the European Commission (the “Commission”) announced that it had imposed total fines of € 368,277,000 on two car safety equipment suppliers, Autoliv and TRW, for their involvement in two cartels concerning the supply of car seatbelts, airbags and steering wheels to European car (...)

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

The Italian antitrust authority finds two anti-competitive agreements in the market for the provision of fire prevention services (Wood Firefighting Services)
Desogus Law Office (Cagliari)
In the recent Wood Fire Service case, the Italian Competition Authority (ICA) has found two anti-competitive agreements put in place by several players in the market for the provision of wood fire prevention services. The first anti-competitive agreement took the shape of a bid rigging practice (...)

The EU General Court awards damages to an envelopes producer for the European Commission’s failure to include default interest when repaying an annulled cartel fine (Printeos)
Van Bael & Bellis (Brussels)
On 12 February 2019, the EU General Court (“GC”) awarded € 184,592.95 in damages to envelopes producer Printeos in view of the European Commission’s failure to pay default interest when repaying a cartel fine which had previously been annulled by the GC. In 2014, following a settlement procedure, (...)

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

The French Competition Authority carries out unannounced inspections in the luxury watch retail sector
French Competition Authority (Paris)
Dawn raids* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the luxury watch retail sector Following authorisation from the liberty and custody judge, the investigation services of the Autorité de la concurrence have (...)

The South African Competition Tribunal dismisses a cartel complaint in power cables market despite settlements by other respondents (Tulisa Cables / Alvern Cables / South Ocean Electric Wire Company / Abedare Cables)
Primerio (Washington)
South Africa: Competition Tribunal dismisses cartel complaint despite settlements by other respondents* On 15 January 2019, the South African Competition Tribunal (“Tribunal”) dismissed the Competition Commission’s (“Commission”) cartel complaint against Tulisa Cables. Tulisa Cables was one of four (...)

The Indian Competition Authority fines 2 sellers of dry cell batteries for participating in bilateral "ancillary" cartel from the standpoint of consumers (Panasonic / Godrej / Boyce)
Vaish Associates (New Delhi)
CCI imposes penalty on Godrej and Boyce for being a member of bilateral “ancillary” cartel* The Competition Commission of India (“CCI/ Commission”), by way of order dated 15.01.2019, has imposed a penalty of INR 85,01,364/-on Godrej and Boyce manufacturing Co. Limited (“Godrej”) for acting in (...)

The City Court of Hillerød fines two members of the management of a now dissolved demolition company for bid rigging
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Two members of the management in now dissolved demolition company fined DKK 300.000 each in bid rigging case* The City Court of Hillerød has fined two members of the management in a now dissolved demolition company for infringing the Danish Competition Act by bid rigging. The City (...)

The Portuguese Competition Authority fines an undertaking and its manager for bid-rigging in the sector of railway maintenance services (Sacyr Neopul)
Portuguese Competition Authority (Lisbon)
AdC sanctions an undertaking and its manager for anticompetitive practices in the sector of railway maintenance services.* The AdC imposed fines totalling 365,400 euros on Sacyr Neopul S.A., and its production manager, for participating in a horizontal agreement (cartel) that resulted in price (...)

The Portuguese Competition Authority confirms unannounced inspections in five locations of four telecommunications operators
Portuguese Competition Authority (Lisbon)
AdC confirms dawn raids in four telecommunications operators* The Portuguese Competition Authority (AdC - Autoridade da Concorrência) confirms that it carried out dawn raids have been carried out in five locations of four telecommunication companies, following suspicions of antitrust practices (...)

The EU Commission sends a statement of objection to four banks accused of collusion in the bond trading market
DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections in US Dollar supra-sovereign, sovereign and agency bond trading cartel* The European Commission has informed four banks of its preliminary view that they have breached EU antitrust rules by colluding, in periods from 2009 to 2015, to distort (...)

The Italian Competition Authority finds a cartel in the market for car hire purchase and imposes a record fine (Car Finance)
Desogus Law Office (Cagliari)
In the Car Finance case the Italian Competition Authority (ICA) has levied a record-breaking fine of overall € 670 million on the participants to a secret cartel affecting the business sector of car hire purchase. The anticompetitive agreement was put in place by several car manufacturers, BMW, (...)

The Italian Competition Authority fines several automotive constructors for cartel in the market of car sales through financing (Car Finance)
Italian Competition Authority (Rome)
Car sales through financing: ICA sanctions cartel among leading operators imposing fines of over 670 million euros* On 20 December 2018, the Italian Competition Authority concluded an investigation launched against the leading captive banks and related automotive groups operating in Italy in (...)

The UK Competition and Markets Authority provisionally finds that three drainage product manufacturers participated to illegal cartel (FP McCann / Derbyshire-based Stanton Bonna Concrete / Somerset-based CPM Group)
British Competition Authority - CMA (London)
Two construction firms admit to illegal cartel* The CMA has provisionally found that 3 drainage product manufacturers broke competition law by co-ordinating prices for customers and sharing the market. Two of the businesses – Derbyshire-based Stanton Bonna Concrete Ltd and Somerset-based CPM (...)

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

The German Competition Authority fines asphalt producers for cartel (Gaul / Südhessische Asphalt-Mischwerke / Mitteldeutsche Hartstein-Industrie)
German Competition Authority (Bonn)
Bundeskartellamt imposes fine of approx. 1.4 million euros on asphalt producers and reviews association guidelines for setting up supplier consortia* The Bundeskartellamt has imposed a fine amounting to 1.43 million euros on Gaul GmbH, a manufacturer of asphalt mixes, for participating in a (...)

The French Competition Authority fines six household appliance manufacturers for agreeing on price increases (BSH / Candy Hoover / Eberhart Frères / Electrolux / Indesit / Whirlpool)
French Competition Authority (Paris)
The Autorité de la concurrence hands down fines worth a total of €189 million to six household appliance manufacturers, among the largest in the sector, notably for having agreed on price increases * Background Following evidence provided by the Directorate General for Competition Policy, (...)

The French Competition Authority fines household appliance manufacturers for price-fixing (BSH / Candy Hoover / Eberhardt Frères / Electrolux / Indesit / Whirlpool)
Van Bael & Bellis (Brussels)
On 6 December 2018, the French Competition Authority (“FCA”) imposed a total fine of € 189 million on six household appliance manufacturers (BSH, Candy Hoover, Eberhardt Frères, Electrolux, Indesit and Whirlpool) for participating in two distinct cartels. In the first cartel, which lasted from (...)

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

The French Competition Authority carries out unannounced inspections in the sectors of engineering and technology consulting, IT services and software publishing
French Competition Authority (Paris)
The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out yesterday in the sectors of engineering and technology consulting, IT services and software publishing* Following authorization from the liberty and custody judge, the (...)

The Indian Competition Authority holds that information exchange is not a standalone violation of the Indian Competition Act (Flashlights cartel)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
On 6 November 2018, the Competition Commission of India (CCI) found that four manufacturers/traders of flashlights and their trade association (the Opposite Parties) were not involved in cartelisation as, despite an information exchange, there was not enough corroborating evidence to suggest a (...)

The Indian Competition Authority for the first time exonerates parties from allegations of cartelization despite the parties admitting coordination in the Flashlight Market (Eveready / Panasonic / Indo National / Geep / AIDCM)
Vaish Associates (New Delhi)
CCI holds that mere information exchange by itself is not anti-competitive, in spite of leniency applications filed* The Competition Commission of India (”CCI”) by way of an order dated November 6, 2018 has exonerated Eveready Industries India Limited (“Eveready”), Panasonic Energy India Co. Ltd. (...)

The Indian Competition Authority dismisses cartel allegations against taxi app drivers because they were just following the algorithm pricing and not actively colluding to fix prices (Samir Agrawal / ANI Technologies / Uber India)
Vaish Associates (New Delhi)
CCI closes allegation of cartelization between taxi aggregators* By way of an order dated November 6, 2018, the CCI dismissed allegations of concerted action against Ola and Uber Group (OPs). Allegations were levelled against the pricing algorithm adopted by the OPs which allegedly manipulated (...)

The Tyumen Regional Arbitration Court confirms the decision of the Russian Competition Authority regarding a cartel involving two manufacturers of soil heat stabilizers (Konar / Fundamentstroiarkos)
Russian Federal Antimonopoly Service (Moscow)
Court confirmed a cartel at “Transneft” auction* Manufacturers of soil heat stabilizers agreed about auction behaviour to win contracts at the highest price The total revenues of the violators from selling the anticompetitive agreement exceeded 15 billion RUB. Tyumen OFAS proved the cartel in (...)

The UK Competition Authority launches a new campaign "Stop Cartels" to educate businesses about anticompetitive practices and encourage leniency
Bryan Cave Leighton Paisner (London)
COMPETITION & MARKETS AUTHORITY GETS TOUGH ON CARTELS* On 22 October 2018, the UK’s Competition and Markets Authority (CMA) announced that it had launched a new “Stop Cartels” campaign to educate businesses about anti-competitive practices and encourage people to come forward if they suspect (...)

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

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

The UK Competition Authority issues a study into pricing algorithms in order to identify whether they could be used to support illegal practices
British Competition Authority - CMA (London)
Algorithm research builds on work in digital markets* The CMA has published a study into pricing algorithms and whether they could be used to support illegal practices. The research increases the CMA’s expertise at a time of widespread scrutiny of pricing algorithms and how they interact with (...)

The South African Competition Tribunal rejects a tender collusion allegation, as the tender was a sham (Geometry / Vaxiprox)
Anheuser-Busch InBev (Johannesburg)
The Competition Commission of South Africa (the Commission) sought an order from the Competition Tribunal of South Africa (the Tribunal) declaring that two brand activation companies (Geometry Global (Pty) Ltd (Geometry) and Vaxiprox (Pty) Ltd (Vaxiprox)) had colluded on a tender issued by a (...)

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

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

The EU Commission opens an investigation on possible collusion between automobile constructors on clean emission technology market (BMW / Daimler / VW)
DG COMP (Brussels)
Antitrust: Commission opens formal investigation into possible collusion between BMW, Daimler and the VW group on clean emission technology* The European Commission has opened an in-depth investigation to assess whether BMW, Daimler and VW (Volkswagen, Audi, Porsche) colluded, in breach of EU (...)

The Indian Competition Authority fines manufacturers associations for bid rigging in public procurement program for ethanol, ignoring market economics (ISMA Indian Sugar Mills Association / EMAI Ethanol Manufactures Association of India)
Vaish Associates (New Delhi)
CCI imposes penalty on Sugar mill manufacturers and Trade Associations (ISMA and EMAI) for collusive bidding in Government tender under the Ethanol Blending Programme* The Competition Commission of India (CCI/Commission) vide order dated September 18, 2018 has imposed heavy monetary penalties (...)

The Portuguese Competition Authority sends a statement of objections to five railway maintenance companies and their directors and managers for alleged involvement in a cartel (Construções e Técnicas Ferroviárias / Indústrias Ferroviárias / Engenharia e Construção / Sociedade de Estudos e Construções / Engenharia e Obras Ferroviárias)
Portuguese Competition Authority (Lisbon)
AdC issues Statement of Objections to 5 companies and 6 directors and managers for cartel in railway maintenance companies* The Portuguese Competition Authority (Autoridade da Concorrência - AdC) issued a Statement of Objections to railway maintenance companies of Mota-Engil, Comsa, Somague, (...)

The German Competition Authority fines two publishers for concluding illegal territorial agreements (DuMont / Bonner General-Anzeiger)
German Competition Authority (Bonn)
DuMont media group fined for concluding territorial agreements with the Bonner General-Anzeiger media group* The Bundeskartellamt has imposed fines amounting to a total of 16 million euros on DuMont Mediengruppe GmbH & Co. KG, an individual responsible and a lawyer. The company is accused (...)

The Indian Competition Authority fines seller of dry cell batteries for participating in bilateral "ancillary" cartel from the standpoint of consumers (Panasonic / Geep Industries India)
Vaish Associates (New Delhi)
Competition Commission of India (CCI) imposes penalty on Geep Industries for being a member of bilateral “ancillary” cartel* By way of order dated August 30, 2018, the CCI imposed a penalty of INR 9,64 06,682 (Nine crores sixty-four lakh six thousand six hundred and eight two) on Geep Industries (...)

The Portuguese Competition Authority sends a statement of objections to five insurance companies and their directors and managers for participating in a cartel (Fidelidade / Multicare / Seguros de Saúde / Seguradoras Unidas / Zurich Insurance)
Portuguese Competition Authority (Lisbon)
AdC issues Statement of Objections to 5 insurance companies and 14 directors and managers for participating in a cartel * The Portuguese Competition Authority (Autoridade da Concorrência - AdC) issued a Statement of Objections to the insurance companies Fidelidade – Companhia de Seguros, (...)

The Italian Administrative Court of First Instance rejects the appeals against the Competition Authority’s decision fining a cartel in the cement sector
Studio Legale Scoccini E Associati (Rome)
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Studio Legale Scoccini E Associati (Rome)
With a series of decisions published between 12/06/2018 and 30/07/2018, the Regional Administrative Court of Lazio, which is the first instance court for the appeal against the decisions of the Italian Competition Authority, rejected all the appeals against the decision ascertaining a cartel in (...)

The French Competition Authority fines wholesale distributors of veterinary medicinal products and their professional association for anticompetitive practices (Alcyon / Coveto / Centravet)
French Competition Authority (Paris)
Distribution of veterinary medicinal products* The Autorité de la concurrence fines wholesale distributors of veterinary medicinal products and their professional association nearly 16 million euros for anticompetitive practices The Autorité de la concurrence, which began proceedings ex officio (...)

The Indian National Company Law Appellate Tribunal (NCLAT) upholds the Indian Competition Authority’s record fine imposed in the cement cartel case (Builders’ Association of India / Cement Manufacturers’ Association)
Vaish Associates (New Delhi)
NCLAT upholds the highest penalty imposed by CCI on cement cartel* The National Company Law Appellate Tribunal (NCLAT) by way of a judgement dated 25 July 2018 has upheld the penalty imposed by the Competition Commission of India (CCI) on 11 cement companies for cartelization. The CCI in its (...)

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

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

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

The Russian Competition Authority exposes the first cartel in Dagestan in the medicine sector (Medpharmasnab / RegionPharma / Dagmedtechnika / Globalmedtech)
Russian Federal Antimonopoly Service (Moscow)
FAS exposed the first cartel in Dagestan* A group of FAS specialists arrived to Dagestan on invitation of Acting Head of Dagestan, Vladimir Vasiliev To pursue the National Competition Development Plan approved by No. 618 Order of the President of Russia on 21.12.2017, FAS jointly with (...)

The EU General Court annuls a fine imposed by the Commission on cartellists in the sea shrimp sector due to lack of reasoning (Stührk Delikatessen)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
In this difficult case, the EC had to reduce the fines calculated for each of the cartel participants so as to remain within the unalterable limit of 10 per cent of total worldwide group turnover. The EC claimed that it had sought to treat the various cartel participants equally in making the (...)

The German Competition Authority fines several steel companies for price-fixing and exchanging information (ArcelorMittal Commercial Long, Cologne, Dörrenberg Edelstahl, Engelskirchen, Kind & Co. Edelstahlwerke, Wiehl, Saarstahl, Völklingen, Schmidt + Clemens, Lindlar and Zapp Precision Metals, Schwerte)
German Competition Authority (Bonn)
Bundeskartellamt imposes first fines totalling approx. 205 million euros on special steel companies* The Bundeskartellamt has imposed fines totalling approx. 205 million euros on six special steel companies, a trade association and ten individuals for concluding price-fixing agreements and (...)

The EU General Court hands down a judgment confirming a growing trend towards a broad application of parental liability (Goldman Sachs)
Simmons & Simmons (London)
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Simmons & Simmons (London)
Infringement On 12 July 2018, the General Court (the GC) upheld an infringement decision of the European Commission (the Commission) made on 02 April 2014, in which the Goldman Sachs Group Inc (GS) was found jointly and severally liable with its indirect subsidiary Prysmian for violating (...)

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

The Indian Competition Authority dismisses cartel allegations against 37 suppliers of signaling cables to national railways (North Western Railway / Rajasthan Transformers and Switchgears)
Vaish Associates (New Delhi)
CCI closes allegation of cartel against 37 suppliers of signaling cables to Indian Railways* The Competition Commission of India (CCI/Commission ) by way of an order dated 12 July 2018 rejected the findings of the Director General (DG) and closed the case against 37 signaling cable (...)

The EU General Court affirms the Commission’s finding that financial investors have parental liability for the acts of an indirect subsidiary involved in the power cables cartel (Goldman Sachs)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
On 12 July 2018, by its judgment in Case T-419/14 The Goldman Sachs Group v Commission, the GCEU entirely dismissed the appeal brought by The Goldman Sachs Group, Inc., against an EC decision in Case AT. 39610 Power Cables, fining Goldman Sachs EUR 37.303 million for its parental liability (...)

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

The Indian Competition Authority decides its fourth leniency and fines broadcasting service providers for bid-rigging in tenders floated by sports broadcasters (Essel Shyam Communication / Globecast India / Globecast Asia)
Vaish Associates (New Delhi)
CCI decides its fourth leniency, imposes penalty on broadcasting service providers for bid-rigging in tenders floated by Sports Broadcasters* By way of an order dated 11 July 2018, the Competition Commission of India (CCI) imposed a penalty of INR 22.36 Crore on Essel Shyam Communication (...)

The EU Commission invites stakeholders to comment on draft guidelines to help national courts estimate the economic harm caused by cartels
DG COMP (Brussels)
Antitrust: Commission consults stakeholders on draft guidelines to help national courts estimate the economic harm caused by cartels* The European Commission is inviting comments on draft guidelines to help national courts estimate the share of price increases caused by a cartel that are (...)

The Danish Competition Authority adopts new guidelines on joint bidding under competition law
Danish Competition and Consumer Authority (Copenhagen)
New guidelines on joint bidding under competition law* The Danish Competition and Consumer Authority published new guidelines on how to assess joint bidding under competition law on 25 April 2018. These guidelines are now available in English. The guidelines address the assessments (...)

The Belgian Competition Authority carries out unannounced inspection in the immunoglobulin sector
Belgian Competition Authority (Brussels)
The Belgian Competition Authority confirms the inspection in the immunoglobulin sector* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) confirms the inspection conducted in Belgium, at the request of the Romanian Competition Council, at the premises of (...)

The Romanian Competition Authority opens an investigation in the immunoglobulin market
Romanian Competition Council (Bucharest)
Competition Council opens investigation in the immunoglobulin market* • Simultaneous inspections in Romania, Belgium and Italy The Competition Council has opened an investigation regarding an alleged agreement amongst the following producers of normal human immunoglobulins, owning marketing (...)

The Russian Competition Authority fines computer suppliers for cartel (Aquarius / National Computer Corporation)
Russian Federal Antimonopoly Service (Moscow)
Fines to computer suppliers guilty of collusion* The total administrative fines exceed 179 million RUB The companies were found guilty of concluding an anticompetitive agreement that resulted in maintaining prices at an open electronic auction for supplying systems blocks of the “Elections” (...)

The Russian Competition Authority fines several companies for participating in a bid-rigging cartel on supplies of technological equipment for the Ministry of Defence (SpetsTekhMash / ProfBusiness / Stillag)
Russian Federal Antimonopoly Service (Moscow)
ST Petersburg companies are fined 200 million rub for a cartel* St Petersburg OFAS made decision with regard to “SpetsTekhMash” Trading House” Ltd., “ProfBusiness” Ltd. and two companies with the same name “Stillag” Trading House” Ltd., for participating in a bid-rigging cartel on supplies of (...)

The EU Commission opens a formal investigation to assess whether supply agreements between Qatari petrol companies and european importers restrain competition (Qatar Petroleum)
DG COMP (Brussels)
Antitrust: Commission opens investigation into restrictions to the free flow of gas sold by Qatar Petroleum in Europe* The European Commission has opened a formal investigation to assess whether supply agreements between Qatar Petroleum companies exporting liquefied natural gas (LNG) and (...)

The Irish Court of Criminal Appeal increases a fine imposed on a former director for bid-rigging tenders (Aston Carpets & Flooring)
Irish Competition Authority (Dublin)
Former director fined €45,000 for bid-rigging tenders* The Court of Criminal Appeal today increased a fine handed down to a former director, Brendan Smith, for engaging in bid-rigging in the procurement of flooring contracts. Mr Smith, who is a former director of Aston Carpets & Flooring, (...)

The Irish Court of Appeal increases criminal fine imposed on an individual director/manager for bid rigging (Aston Carpets & Flooring)
University Dublin College (UCD)
On June 20th 2018, the Irish Court of Appeal, reviewed the sentences imposed by the Central Criminal Court in 2017 on firstly, a company (Aston) and, secondly, an individual (Mr Smith) who was a director and manager of the company following their criminal convictions for having engaged in (...)

The French and German Competition Authorities launch a joint project on algorithms and their implications on competition
German Competition Authority (Bonn)
The French Autorité de la concurrence and the German Bundeskartellamt launch a joint project on algorithms and their implications on competition* Coming along with digitalization, algorithms are becoming more and more important and at the same time progressively sophisticated. Prominent (...)

The US District Court for the Eastern District of Pennsylvania finds that a company was not part of a conspiracy to manipulate the supply of eggs and raise prices (In re Processed Egg Prods)
Dechert (Philadelphia)
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Dechert (Philadelphia)
The case began 10 years ago when a class of companies that purchase eggs sued the country’s leading egg producers, seeking more than $1 billion in damages. The plaintiffs claimed that the egg producers conspired to manipulate the supply and raise prices for eggs. Specifically, the buyers (...)

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

The German Federal Court of Justice grants a claim for damages relating to a cement cartel by extending the time period in which limitation rules can be suspended (Grauzementkartell II)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
This landmark judgment of the German Federal Court of Justice concerns an action for damages relating to the German cement cartel. However, the judgment has much wider implications and is relevant for damage claims relating to other cartel infringements. The Federal Court extended the temporal (...)

The Supreme Administrative Court of Lithuania upholds the decision of the Lithuanian Competition Authority in the cinema cartels case (UAB Forum Cinemas)
Lithuanian Competition Authority (Vilnius)
Supreme Administrative Court upholds Council’s decision: Cinema cartels resulted in fewer discounts for consumers* The Supreme Administrative Court of Lithuania rejected the appeal by UAB Forum Cinemas against the Competition Council’s decision whereby the company was fined EUR 1,384,300 for (...)

The Belgian Competition Authority carries out inspections in the fire protection sector
Belgian Competition Authority (Brussels)
The Belgian Competition Authority confirms the inspection in the fire protection sector* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) confirms that the BCA is conducting an inspection at the premises of an enterprise active in the fire protection sector (...)

The Russian Competition Authority exposes a large cartel of medical products suppliers (RM Endovascula / Raymed Trading Group PVT / Slonika / Exomedic / Vascular / Balticamed / Life Medicine / Inmed)
Russian Federal Antimonopoly Service (Moscow)
FAS exposed a large cartel of medical products suppliers* Moscow OFAS exposed a cartel formed by “RM Endovascular” Ltd., “Raymed Trading Group PVT” Ltd., “SLONIKA” Ltd., “EXOMEDIC” Ltd., “VASCULAR” Ltd., “BALTICAMED” Ltd., “LIFE MEDICINE” Ltd. and “INMED” Ltd. The companies took part in 124 auctions for (...)

The French Competition Authority fines a professional syndicate of winemakers for an anticompetitive agreement (Syndicat général des vignerons réunis des Côtes du Rhône)
French Competition Authority (Paris)
The Autorité de la concurrence fines the Syndicat général des vignerons réunis des Côtes du Rhône (the professional syndicate of Côte du Rhône winemakers) for an anticompetitive agreement* Based on a report submitted by the French Directorate General for Competition Policy, Consumer Affairs and Fraud (...)

The U.S. Department of Justice indicts the CEO of a seafood company on price fixing charges (Bumble Bee Foods LLC)
Jones Day (San Francisco)
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Jones Day (Los Angeles)
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Jones Day (Washington DC)
The U.S. Department of Justice indicted Bumble Bee Foods CEO Christopher Lischewski on price-fixing charges. Lischewski is the first CEO to be charged for his role in the alleged U.S. conspiracy to fix the price of packaged seafood. The Northern District of California grand jury indictment (...)

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

The Hong Kong Competition Commission publishes a guide to competition ordinance for public sector
Hong Kong Competition Commission
Competition Commission Publishes Handy Guide to Competition Ordinance for Public Sector* The Competition Commission (Commission) today (11 May) published a handy “Guide to Competition Ordinance” (Guide) for the public sector to assist personnel from the government, public bodies and law (...)

The Spanish Competition Authority fines five companies and three of their executives for an information exchange to collude in tenders for the award of institutional advertising contracts (Carat España / Inteligencia y Media / Media by Design / Media Sapiens / Persuade Comunicación)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
Five companies (Carat España SAU, Inteligencia y Media SA, Media by Design Spain SA, Media Sapiens Spain SL and Persuade Comunicación) have been sanctioned for a collusive behaviour consisting in the exchange of commercially sensitive information in order to share tenders in the Framework (...)

The German Competition Authority fines potato and onion packaging companies for fixing prices (Böhmer / Kuhn)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines totalling 13.2 million euros on potato and onion packaging companies* The Bundeskartellamt has imposed fines totalling 13.2 million euros on two potato and onion packaging companies for fixing prices in their supplies to the Metro group. The companies concerned (...)

The EU Commission confirms that its officials carried out unannounced inspections in several Member States at the premises of metal packaging companies (Metal packaging sector)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
On 24 April 2018, the European Commission carried out unannounced inspections at the premises of a number of companies active in metal packaging in several Member States. The Commission was accompanied by officials of the relevant national authorities. The investigation follows concerns about (...)

The Spanish National Markets and Competition Commission fines five companies and three company executives for bid-rigging of public tenders for institutional advertising services (Agencias de Medios)
Callol, Coca & Asociados (Madrid)
On 7 May 2018, the NMCC imposed fines amounting to €7.12 million upon five companies: Carat España, S.A.U, Inteligencia y Media, S.A. (YMEDIA), Media By Design Spain, S.A. (MEDIA BY DESIGN), Media Sapiens Spain, S.L. and Persuadé Comunicación, S.A. and three of their managers or legal (...)

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

The German Competition Authority refers a cartel case against metal packaging manufacturers to the EU Commission
German Competition Authority (Bonn)
Cartel proceeding against metal packaging manufacturers: Bundeskartellamt refers case to the European Commission* As part of the cooperation within the network of European Competition Authorities (ECN), the Bundeskartellamt has referred its ongoing cartel proceeding concerning metal packaging (...)

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

The Indian Competition Authority fines battery manufacturers’ cartel after a 6-year investigation including 2 leniency applications (Eveready Industries India / Indo National / Panasonic Energy India / Association of Indian Dry Cell Manufacturer)
Vaish Associates (New Delhi)
CCI Penalizes Batter Manufacturers’ Admitted Cartel - Decised Its Second Leniency Case* Competition Commission of India (CCI) by an order dated 19 April 2018, in its second decision on a leniency application, has awarded a 100 (One Hundred) per cent reduction in penalty to the leniency (...)

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

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

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

The EU Commission carries out unannounced inspections concerning distribution of sports media rights and other related rights
DG COMP (Brussels)
Antitrust: Commission confirms unannounced inspections concerning distribution of sports media rights and other related rights* The European Commission can confirm that on 10 April 2018 its officials carried out unannounced inspections in several Member States at the premises of companies (...)

The UK Competition and Markets Authority disqualifies two company directors for their roles in price fixing cartel (Abbott / Frost)
Gowling WLG (London)
The UK Competition and Markets Authority (the ’CMA’) has secured the disqualification of two directors following an investigation into a cartel agreement by six estate agencies in the Burnham-on-Sea area to fix the minimum level of commission fees for the provision of traditional residential (...)

The EU Court of Justice finds that Member States are not required to extend a prohibition on extraditing their own nationals to citizens of other Member States involved in global cartels (Romano Pisciotti)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
In its judgment of 10 April 2018, the CJEU decided that Germany did not infringe EU law by extraditing an Italian national to the United States. An EU Member State is not required to extend a prohibition on the extradition of its own nationals to all EU citizens, but before proceeding to (...)

The French Competition Authority carries out unannounced inspections in the road freight transport sector
French Competition Authority (Paris)
The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the road freight transport sector* Following authorization from the liberty and custody judge, the Investigation Services of the Autorité de la concurrence have raided (...)

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

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

The EU Commission fines eight producers of capacitors for cartel (Elna / Hitachi Chemical / Holy Stone / Matsuo / NEC Tokin / Nichicon / Nippon Chemi-Con / Rubycon)
DG COMP (Brussels)
Antitrust: Commission fines eight producers of capacitors €254 million for participating in cartel* The European Commission has fined Elna, Hitachi Chemical, Holy Stone, Matsuo, NEC Tokin, Nichicon, Nippon Chemi-Con, Rubycon € 253 935 000. Together with the immunity applicant, Sanyo, they (...)

The EU Commission fines 8 Japanese producers of capacitors involved in a cartel for the supply of aluminium and tantalum electrolytic capacitors (Elna / Hitachi / Holy Stone / Matsuo / NEC Tokin / Nichicon / Nippon Chemi-Con / Ruycom / Sanyo)
Van Bael & Bellis (Brussels)
On 21 March 2018, the European Commission announced that it had adopted a decision fining eight Japanese producers of capacitors a total of € 253,935,000. The companies addressed by the decision, namely Elna, Hitachi, Holy Stone, Matsuo, NEC Tokin, Nichicon, Nippon Chemi-Con, Ruycom and Sanyo, (...)

The Spanish Competition Authority fines 9 bar associations for issuing a collective price recommendation regarding lawyers’ professional fees (Bankia)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
The Spanish Competition Authority (“CNMC”) has fined 9 bar associations EUR 1.4 million for issuing a collective price recommendation regarding lawyers’ professional fees. The case was triggered by a complaint filed by Bankia as a consequence of the numerous claims filed by the bank’s (...)

The Spanish Competition Authority fines ten courier and parcel companies for participating in a customer-allocation cartel (Mensajeria y paqueteria empresarial)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
The Spanish Competition Authority (“CNMC”) has fined ten courier and parcel companies EUR 68 million for participating in a customer-allocation cartel, namely, Correos Express, UPS, TNT, DHL, Touline, RedySer, FEDEX, ICS and MBE. The CNMC has found that some of the companies entered into oral (...)

The Romanian Competition Authority implements a big data information system that will allow a quicker identification of cartel
Romanian Competition Council (Bucharest)
The Competition Council implements a big data informatics system through the project* “Optimizing the interaction with the business environment and the implementation of advanced data analysis and data exchange mechanisms by implementing an e-government information system and Big Data analysis (...)

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

The UK Competition Authority fines two suppliers of charcoal and coal for households for market sharing (CPL / Fuel Express)
British Competition Authority - CMA (London)
£3.4m fine for household coal and BBQ supplier cartel* Two of the biggest suppliers of charcoal and coal for households in the UK have agreed to pay a £3.4m fine for taking part in a market sharing cartel. CPL and Fuel Express are 2 of the main suppliers of bagged household fuels, including (...)

The Belgian Competition Authority and the French Competition Authority conduct inspections at distributors of cosmetic goods
Belgian Competition Authority (Brussels)
The Belgian Competition Authority confirms the inspections at distributors of cosmetic goods* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) confirms that the BCA and the “Autorité de la concurrence” (France) conducted inspections at the premises of (...)

The EU Commission fines maritime car carriers and car parts suppliers in three separate cartel cases (MOL / NYK / "K" Line / Wwl-Eukor / Csav, Denso / Bosch / NGK / TRW / Continental)
DG COMP (Brussels)
Antitrust: Commission fines maritime car carriers and car parts suppliers a total of €546 million in three separate cartel settlements* In three separate decisions, the European Commission has fined four maritime car carriers €395 million, two suppliers of spark plugs €76 million, and two (...)

The EU Commission fines two maritime car carriers and four car parts suppliers EUR 546 million in three separate cartel settlements (MOL / NYK / "K" Line / Wwl-Eukor / Csav, Denso / Bosch / NGK / TRW / Continental)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
Four maritime car carriers, two suppliers of spark plugs and two suppliers of braking systems have been fined EUR 395 million, EUR 76 million and EUR 75 million respectively, in the framework of three separate cartel settlement decisions adopted by the European Commission. With regard to the (...)

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

The Mexican Federal Economic Competition Commission’s fines five condom and catheter suppliers for bid rigging in the public health sector after a four-year investigation into the latex industry (Galeno / Adex / Holiday de México / Trenkes / Dentilab)
Ritch Mueller (Mexico City)
On 8 February 2018, Mexico’s Federal Economic Competition Commission’s (COFECE or Commission) fined five condom and catheter suppliers 112 million pesos (approximately €4.91 million) for rigging bids in Mexico’s public health sector. Further statements of objections and decisions regarding bid (...)

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

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

The EU Court of Justice upholds fines imposed by the Commission on cartel participants in the air freight forwarding sector (Schenker)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
In four separate judgments of 1 February 2018, the CJEU upheld fines imposed by the EC on freight forwarders for participating in cartels in the international air freight forwarding services sector. The case is interesting for its consideration of (i) the fact that the EC relied on evidence (...)

The Romanian Competition Authority fines a chamber of notaries for cartel (Chamber of Public Notaries)
Romanian Competition Council (Bucharest)
The Competition Council sanctioned with fines of lei 2.8 million the public notaries from Suceava and Botosani* The Competition Council sanctioned the Chamber of Public Notaries from Suceava and 72 public notaries from Suceava and Botosani counties, members of this organization with fine (...)

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

The Romanian Competition Authority fines companies selling equipment for electricity measurement for cartel (ARC BRAŞOV)
Romanian Competition Council (Bucharest)
1) The Competition Council sanctioned with €1.1 million 3 companies selling equipment for electricity measurement* The Competition Council sanctioned with fines totalling lei 4,947,086.23 (about Euros 1.1 million) three companies for the purpose of reaching an agreement in order to limit the (...)

The Romanian Competition Authority fines companies and associations on the market of security services for setting minimum prices (Euroguard)
Romanian Competition Council (Bucharest)
The Competition Council sanctioned with 23.4 million lei companies and associations on the market of security services * The Competition Council sanctioned with fines totaling 23,422,255.99 lei (about 5 million euros), 33 companies and 4 associations for setting the minimum price, (...)

The Russian Arbitration Court of the Far East District upholds a cartel decision in the passenger transportation market (Flagman-Auto)
Russian Federal Antimonopoly Service (Moscow)
Court supported a decision of primorie OFAS on a passenger transportation case in Vladivostok* The parties to the case entered into an agreement that restricted competition on the market of urban passenger transportation In July 2015, the Commission of Primorie OFAS found that Vladivostok (...)

The Russian Competition Authority opens a proceeding against forensic equipment suppliers for cartel (Krim-Market)
Russian Federal Antimonopoly Service (Moscow)
FAS exposed collusion between forensic equipment suppliers* Nine companies are guilty of collusion at auctions organized by the Ministry of Interior and Russian Federal Forensics Centre at the Ministry of Justice On 15 January 2018, the Federal Antimonopoly Service found that “Krim-Market” (...)

The Russian Competition Authority opens a proceeding for cartel in the market of supplying gas chromatographs (Chromatec)
Russian Federal Antimonopoly Service (Moscow)
FAS exposed a cartel for supplying gas chromatographs* Actions of “Chromatec” and “Chromatec-Service Yoshkar-Ola” at an auction for the needs of the Federal Drug Control Service resulted in maintaining auction prices Having investigated an antimonopoly case, FAS found that “Chromatec” Special (...)

The Russian Competition Authority opens proceedings concerning a cartel in the railway tracks market (Partnerstvo)
Russian Federal Antimonopoly Service (Moscow)
Rail track collusion* Moscow OFAS exposed cartels at auctions of the Ministry of Defence for supplying materials for rail tracks. “Partnerstvo” Ltd., “Pravda” Ltd. and “DorRem” Ltd. concluded and implemented oral cartel agreements throughout 5 auctions (in breach of Clause 2 Part 1 Article 11 of (...)

The Russian Arbitration Appeal Court upholds a cartel decision regarding a cartel between suppliers of individual respiratory protection equipments (Tambovgalvanotekhnika)
Russian Federal Antimonopoly Service (Moscow)
Court confirmed a cartel of 30 companies – suppliers of individual respiratory protective equipment* The cartel dividing the market between its participants maintained prices at 1 308 tenders On 10 January 2018 the 9th Arbitration Appeal Court confirmed legitimacy of FAS decision regarding 30 (...)

The Indian Competition Authority imposes highest fine in terms of profit on hard core cartel for supplying coal to 7 thermal power stations (Maharashtra State Power Generation / Nair Coal Services / Karam Chand Thapar / Naresh Kumar)
Vaish Associates (New Delhi)
CCI imposes highest penalty in terms of profit on a hard core cartel for coal liaisoning services for supply of coal to seven thermal power stations of Maharashtra State Power Generation Co. Ltd.* The Competition Commission of India (CCI) vide its order dated January 10, 2018 has exposed a (...)

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

The Russian Competition Authority sanctions companies for cartel in the market of highway repair and renovation (Technostroi)
Russian Federal Antimonopoly Service (Moscow)
FAS made a decision on a bid-rigging cartel for highway repair and renovation* “Technostroi” Ltd., “No. 908 Construction Department” Ltd., and “Avtodor” Road Company” Ltd. violated Clause 2 Part 1 Article 11 of the Federal Law “On Protection of Competition” The companies concluded an anticompetitive (...)

The Moscow Arbitration Court upholds the decision of the Competition Authority in the case of suppliers cartel at the ministry of defence (Bely Medved)
Russian Federal Antimonopoly Service (Moscow)
Court confirmed legitimacy of fas decision on a suppliers cartel at the ministry of defence* Moscow Arbitration Court dismissed a claim of “Bely Medved” Ltd., “Koralkin” Ltd., “Millennium Klin” Ltd. on invalidating a FAS decision, that had found these companies and the group of persons comprising (...)

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

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

The German Competition Authority, with the Dutch Competition Authority, fines three undertakings for cartel in the harbor towage sector (Fairplay / Bugsier / Petersen & Alpers)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines on harbour towage service providers* The Bundeskartellamt has imposed fines amounting to approx. 13 million euros on three harbour towage service providers. The companies concerned are Fairplay Schleppdampfschiffsreederei Richard Borchard GmbH, Hamburg, (...)

The Dutch Competition Authority, with the German Competition Authority, fines three undertakings for cartel in the harbor towage sector (Fairplay / Bugsier / Petersen & Alpers)
Netherlands Authority for Consumers & Markets (The Hague)
Collaboration between Bundeskartellamt and ACM leads to fines in towage sector* Today, the German competition authority, the Bundeskartellamt, announced it has imposed fines on three undertakings and their executives, totaling approximately EUR 13 million in connection with their involvement (...)

The UK Competition Authority launches digital tool to fight bid-rigging
British Competition Authority - CMA (London)
CMA launches digital tool to fight bid-rigging* The CMA’s Screening for Cartels tool will help public procurement professionals identify suspicious behaviour by suppliers when bidding for contracts. The Competition and Markets Authority (CMA) has worked with Spend Network, a company (...)

The Finnish Market Court fines several coach companies for cartel (Finnish Bus and Coach Association / Matkahuolto)
Finnish Competition and Consumer Authority (Helsinki)
The Market Court imposed penalty payments on several coach companies, the Finnish Bus and Coach Association and Matkahuolto* In its decision issued on 14 December 2017, the Market Court considered that the coach companies*), Finnish Bus and Coach Association and Matkahuolto have been guilty of (...)

The Moscow Arbitration Court upholds the decision of the Competition Authority in the case of the cartel between manufacturers of oil-submersible cable (Kama Cable)
Russian Federal Antimonopoly Service (Moscow)
Cassation court supported fas in a case on a cartel between manufacturers of oil-submersible cable* The violators are fined over 250 million RUB On 13 December 2017, the Arbitration Court of the Moscow District upheld the judgment of Moscow Arbitration Court and the ruling of the 9th (...)

The Russian Competition Authority sanctions suppliers of supercomputers for cartel (Aquarius Production)
Russian Federal Antimonopoly Service (Moscow)
Suppliers of supercomputers for kurchatov institute are guilty of taking part in a cartel* FAS Commission found that suppliers of equipment for Kurchatov institute violated the antimonopoly law. The companies may pay big fines for the cartel Having investigated the case, FAS found that (...)

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

The Russian Competition Authority sanctions a cartel on the school food products market
Russian Federal Antimonopoly Service (Moscow)
FAS continues its efforts to decartelize food products supplies* he Commission of Udmurtia OFAS found bid-rigging collusion in supplies of food products to schools, pres-school day-care centres and other state and municipal institutions for the total amount over 50 million RUB Four individual (...)

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

The EU Commission fines several car safety equipment suppliers in a cartel settlement case (Tokai Rika, Takata, Autoliv, Toyoda Gosei and Marutaka)
Van Bael & Bellis (Brussels)
On 22 November 2017, the European Commission announced that it had imposed nes totalling € 34 million on five car safety equipment suppliers for taking part in one or more of four separate cartels for the supply of car safety equipment to some Japanese car manufacturers in the EEA. The (...)

The French Competition Authority launches a vast sector-specific inquiry on the functioning of competition in the medicinal products and medical biology sectors
French Competition Authority (Paris)
As part of its advisory powers, the Autorité de la concurrence is launching a vast sector-specific inquiry on the functioning of competition in the medicinal products and medical biology sectors.* In particular it will look at the distribution of pharmaceuticals, their price regulation (...)

The EU Court of Justice provides guidance to French court on relationship between EU Common Agricultural Policy and competition law (APVE)
Van Bael & Bellis (Brussels)
On 14 November 2017, the Court of Justice of the European Union (“ECJ”) handed down a judgment on a request for preliminary ruling from the French Supreme Court regarding the relationship between the objectives of the EU’s Common Agricultural Policy and those of EU competition law (C-671/15, APVE (...)

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

The EU General Court finds flaws in a Commission’s decision and quashes the €14.9m fine, but sustains underlying liability for “facilitation” of a cartel (Icap)
Simmons & Simmons (London)
,
Simmons & Simmons (London)
The General Court’s November 2017 judgment is not such welcome news to ICAP as it might first appear. ICAP’s appeal against a 2015 infringement decision was successful insofar as the fines imposed on it will now be trimmed, but in the main the General Court supported the European Commission’s (...)

The Russian Competition Authority opens a proceeding against a cartel that used auction robots (Egmed)
Russian Federal Antimonopoly Service (Moscow)
Case against a cartel that used auction robots* FAS opened a case upon signs of “digital” collusion at medical auctions FAS suspects that bidders at procurement for supplies of expendables for coronary angiography and stenting, “VALERIA” Ltd. and “Egmed” Ltd. used special software, tuned to (...)

The EU Court of Justice upholds General Court’s judgments in a cartel case (Pre-stressing steel)
Van Bael & Bellis (Brussels)
On 26 October 2017, the Court of Justice of the European Union (“ECJ”) dismissed appeals in the pre-stressing steel cartel case brought by four Spanish manufacturers belonging to the Spanish Celsa group (Global Steel Wire, Moreda-Riviere Tre lerías, Tre lerías Quijano and Trenzas y Cables de (...)

The French Competition Authority fines three leading manufacturers of PVC and linoleum floor covering for cartel (Tarkett)
French Competition Authority (Paris)
The Autorité has imposed sanctions totalling €302 million on the three leading manufacturers of PVC and linoleum floor covering, as a penalty for price fixing among other pratices.* Background Acting on information submitted by the Directorate General for Competition Policy, Consumer Affairs (...)

The French Competition Authority fines three undertakings and a trade association € 302 in a cartel case in the PVC and linoleum floor sector (Forbo / Gerflor / Tarkett / SFEC)
Van Bael & Bellis (Brussels)
On 18 October 2017, the French Competition Authority (“FCA”) issued a decision imposing nes totalling € 302 million on three ooring companies (Forbo, Ger or and Tarkett) and a trade association (Syndicat Français des Enducteurs Calandreurs: the “SFEC”) for engaging in cartel activities between 1990 (...)

The French Competition Authority fines three undertakings for price fixing in the linoleum floor sector and changes its competition compliance policy (Forbo / Tarkett / Gerflor)
Clifford Chance (Paris)
Leading French PVC and linoleum floor covering manufacturers, Forbo, Tarkett - both leniency applicants - and Gerflor together with the sector’s trade association have been sanctioned by the French Competition Authority for having implemented anticompetitive practices over more than two decades. (...)

The Indian Competition Authority fines 3 chemical companies for bid rigging in the market for water purification (Aditya Birla Chemicals / Grasim Industries / Gujarat Alkalis and Chemicals)
Vaish Associates (New Delhi)
Competition Commission of India finds Grasim Industries and others indulging in anti-competitive practices* The Competition Commission of India ("CCI") vide its order dated 05.10.2017 has found Aditya Birla Chemicals (India) Limited (ABCIL), Grasim Industries Limited (GIL) and Gujarat Alkalis (...)

The Hellenic Competition Authority fines six undertakings active in the wholesale trade of luxury cosmetics for cartel (NOTOS COM)
Hellenic Competition Authority (Athens)
Prohibition of competition law by wholesalers of luxury cosmetics* Following an ex officio investigation, The Grand Chamber of the HCC decided, by majority vote regarding the number of the undertakings involved, that six undertakings active in the wholesale trade of luxury cosmetics (namely, (...)

The Moldovan Competition Authority prosecutes currency exchange bureaux for fixing the exchange rates (Activ Prim / Bartolomeu / Dragotin Prim / Lavronix / Lozcoz…)
Faculty of Law - University of Macau
On 28 September 2017 the Competition Council (CC) established the existence of the price fixing cartel on the market for in-cash currency exchange transactions on the basis of the high degree of coincidence of exchange rates applied by the undertakings concerned. Foreign exchange transactions (...)

The EU Commission fines several truck manufacturers for cartel (Scania)
DG COMP (Brussels)
Antitrust: Commission fines Scania €880 million for participating in trucks cartel* The European Commission has found that Scania broke EU antitrust rules. It colluded for 14 years with five other truck manufacturers on truck pricing and on passing on the costs of new technologies to meet (...)

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

The Indian Competition Authority reconsiders and again exonerates air transport association from accusations of anticompetitive agreements and price fixing (Air Cargo Agents Association of India / IATA International Air Transport Association)
Vaish Associates (New Delhi)
CCI dismisses allegations of cartelization against Air Cargo Agents Association of India* The Competition Commission of India (CCI) vide order dated 12.09.2017 has dismissed allegations of cartelization against the Air Cargo Agents Association of India. The Informant, the International Air (...)

The Indian Competition Authority dismisses allegations of collusion between the central bank and 19 other banks and concludes that the banks’ similar safety locker policies are common practice and not collusion result (Reserve Bank of India)
Vaish Associates (New Delhi)
CCI dismisses allegations of cartelization against the Reserve Bank of India and 19 other banks* The CCI vide order dated August 23,2017 dismissed allegations of cartelization against RBI and 19 other banks. (“Opposite Party banks”) It was alleged that the Opposite Party banks do not undertake (...)

The Turkish Competition Board concludes its investigation into ready-mixed concrete companies engaging in allegedly concerted practices and decides not to impose any administrative fines (Çimbeton)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Competition Board launched a fully-fledged investigation into 10 ready-mixed concrete companies active in the city of Izmir, which had been accused of undertaking a concerted practice for three months and thus violating Article 4 of Law 4054. Following a 16-month investigation, on August 22 (...)

The Hong Kong Competition Commission launches proceedings before the Competition Tribunal against ten construction and engineering undertakings accused of cartel (Sun Spark)
Hong Kong Competition Commission
Competition Commission takes market sharing and price fixing case to Competition Tribunal* The Competition Commission (Commission) has today commenced proceedings in the Competition Tribunal (Tribunal) against ten construction and engineering companies, namely W. Hing Construction Company (...)

The Hong Kong Competition Commission issues a block exemption order for vessel sharing agreements in the liner shipping industry (HKLSA)
Hong Kong Competition Commission
Competition Commission issues block exemption order for vessel sharing agreements in the liner shipping industry* The Competition Commission (Commission) today (8 August 2017) issued a block exemption order (BEO) under section 15 of the Competition Ordinance (Ordinance) for vessel sharing (...)

The U.S. DOJ announces that an e-commerce company and its president have agreed to plead guilty to participating in a price-fixing conspiracy (Zaappaaz)
Jones Day (San Francisco)
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Jones Day (San Francisco)
Background Texas-based e-commerce company Zaappaaz, Inc.—doing business as WB Promotions, Inc., Wrist-Band.com, and Customlanyard.net—and its president both agreed to plead guilty to conspiring to fix prices for customized promotional products sold online in the United States, including (...)

The Hellenic Competition Authority fines undertakings active in the construction sector (AKTOR)
Hellenic Competition Authority (Athens)
Settlement Procedure - Infringement decision with fines addressed to undertakings active in the construction sector regarding infringements of Article 1 of the Greek Competition Act and Article 101 TFEU* The Hellenic Competition Commission (HCC), by unanimous decision, found that fifteen (15) (...)

The Chinese NRDC fines several industry associations for price-fixing (Paper manufacturers and Power compagnies)
Jones Day (Beijing)
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Jones Day (Beijing)
Historically, most industry associations in China were quasi-governmental and served as forums through which member companies coordinated their activities, in some cases including price-setting. For this reason, anticompetitive behavior through industry associations is even more of a salient (...)

The French Competition Authority fines several companies which have implemented exclusive import agreement (Materne)
French Competition Authority (Paris)
Exclusive distribution of dessert products in La Réunion and Mayotte* The Autorité de la concurrence fines Materne and its wholesaler-importer for continuing to implement an exclusive import agreement after the “Lurel Act” came into force. The “Lurel Act” bans any exclusive import agreement The (...)

The German Competition Authority issues its report on its inquiry into the cement and ready-mix concrete sector
German Competition Authority (Bonn)
Bundeskartellamt publishes report on its inquiry into the cement and ready-mix concrete sector* Today the Bundeskartellamt has published the final report on its inquiry into the cement and ready-mix concrete sector. Andreas Mundt, President of the Bundeskartellamt: "The cement and ready-mix (...)

The German Competition Authority fines three manufacturers of heat shields and their representatives for cartel (Elring Klinger Abschirmtechnik)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines on automotive part manufacturers* The Bundeskartellamt has imposed fines amounting to 9.6 million euros on three manufacturers of heat shields and their representatives. The companies involved are Elring Klinger Abschirmtechnik (Schweiz) AG, Sevelen (...)

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

The German Competition Authority fines two manufacturers of industrial batteries and their representatives for cartel (Hawker)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines totalling approx. 28 million euros on manufacturers of industrial batteries* The Bundeskartellamt has imposed fines totalling around 28 million euros on two manufacturers of industrial batteries and their representatives for agreeing between them to levy the (...)

The EU Commission fines three car lighting system producers for cartel (Automotive Lighting / Hella / Valeo)
DG COMP (Brussels)
Antitrust: Commission fines three car lighting system producers €27 million in cartel settlement* The European Commission has fined Automotive Lighting and Hella a total of €26 744 000 for participating in an automotive lighting cartel, in breach of EU antitrust rules. Valeo was not fined as it (...)

The OECD holds a workshop to address algorithms and collusion issues
Norton Rose Fulbright (Brussels)
OECD workshop addresses algorithms and collusion issues* On June 21-23, the OECD held a roundtable on the theme of “Algorithms and Collusion,” as part of a wider work stream on competition in the digital economy. The OECD roundtable reflects a shift in the debate over the antitrust implications (...)

The U.S. District Court in the Southern District of New York dismisses a class action lawsuit alleging a large number of entities and individuals in a cartel case (Sea brent crude oil)
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
The U.S. District Court in the Southern District of New York recently dismissed a class action lawsuit alleging, among other claims, that a large number of entities and individuals in the market for producing, refining and trading Brent crude oil (together, Defendants) manipulated the prices of (...)

The Irish Central Criminal Court fines a company executive for his participation in a cartel and imposes a suspended prison sentence (Aston Carpets)
McCann FitzGerald (Dublin)
Ireland - Hard-core cartel offender gets €7,500 fine and suspended sentence* Following a guilty plea to criminal bid-rigging and obstruction charges, a company director was fined €7,500 by an Irish judge on 31 May and sentenced to three months’ imprisonment (suspended – meaning no jail time). (...)

The Danish Competition Authority finds two manufacturers and two associations guilty of forming a cartel in the market for roofing membranes (Icopal / NWP / DTB / TOR)
European Commission (Brussels)
Illegal agreement regarding the Danish market for roofing membranes EU* The Danish Competition Council has decided that the only two Danish manufacturers of roofing membranes; Icopal Danmark ApS (“Icopal”) and Nordic Waterproofing A/S (“NWP”), as well as the two associations Danske (...)

The Dutch Competition Authority sends a letter explaining the basic rules regarding fair competition to over 3,500 companies operating in the ports of Amsterdam and Rotterdam
Netherlands Authority for Consumers & Markets (The Hague)
ACM calls port industry’s attention to competition rules* The Netherlands Authority for Consumers and Markets (ACM) has sent a letter explaining the basic rules regarding fair competition to over 3,500 businesses based in Amsterdam and Rotterdam that are active in the ports of those cities. ACM (...)

The Belgian Competition Authority fines several companies for bid-rigging (Siemens)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority imposes fines totalling 1 779 000 euros for a cartel in the context of a public contract* The Investigation and Prosecution Service of the Belgian Competition Authority (hereinafter “the Investigation and Prosecution Service”) sanctions a cartel between five (...)

The Belgian Competition Authority fines the members of a bid-rigging cartel in the context of public tenders for railway infrastructure (ABB / AEG / Siemens / Schneider / Sécheron)
Van Bael & Bellis (Brussels)
On 2 May 2017, the Belgian Competition Authority (“BCA”) found that ABB, AEG, Siemens, Schneider and Sécheron had engaged in a cartel in the context of public tenders organised by government-owned railway network company Infrabel and imposed fines amounting to a total of € 1,779,000. Infrabel had (...)

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

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

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

The Turkish Competition Authority finds no evidence on exclusionary practices by incumbents against a new entrant in the market for meal cards (Metropal)
University of Sussex (Brighton)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the complaint due to lack of evidence that the incumbent undertakings in the market for meal cards collectively resorted to certain exclusionary practices upon the entry into market of the (...)

Advocate General Wahl considers that agricultural producers’ organisations may be held liable under EU competition law (APVE)
Van Bael & Bellis (Brussels)
On 6 April 2017, Advocate General (“AG”) Wahl issued an opinion on a preliminary reference from the French Supreme Court arising from the Endive cartel investigated by the French Competition Authority. In his opinion, the AG con- siders that agricultural producers’ organisations and their (...)

The German Federal Council adopts an amendment to act against restraints of competition
Jones Day (Frankfurt)
,
Morgan Lewis (Frankfurt)
Key changes triggered by the amendment relate to a company’s liability for cartel infringements, the introduction of a transaction value test into merger control, private enforcement through the implementation of the EU Cartel Damages Directive, the assessment of market power in multilateral (...)

The German Federal Council votes in favour of passing the ninth amendment to the Act against Restraints of Competition
Baker McKenzie (Brussels)
,
Baker McKenzie (Brussels)
Update on the 9th ARC Revision On 31 March 2017, the German Federal Council (Bundesrat) has voted in favour of passing the ninth amendment to the Act against Restraints of Competition (ARC) (Gesetz gegen Wettbewerbsbeschränkungen). According to the 31 March plenary report, the draft law is now (...)

The Bulgarian Competition Authority approves commitments by oil companies suspected of cartel activities
Tsvetkova Bebov Komarevski (Sofia)
The Bulgarian Commission for Protection of Competition has approved commitments by oil companies suspected of cartel activities* On 28.03.2017, the Bulgarian Commission for Protection of Competition (the “Bulgarian Commission”) approved commitments by the leading Bulgarian oil companies Lukoil (...)

The EU Commission fines six undertakings that supplied air conditioning and engine cooling components to car manufacturers (Thermal Systems Cartel)
Van Bael & Bellis (Brussels)
On 8 March 2017, the European Commission announced that it had imposed fines under the cartel settlement procedure totalling € 155 million on six companies that supplied air conditioning and engine cooling components to car manufacturers. The companies involved, Behr, Calsonic, Denso, Panasonic, (...)

The Egyptian Competition Authority issues its first bid-rigging cartel decision (Heart and chest surgeries cartel)
Helmy, Hamza & Partners (Baker McKenzie Cairo)
,
Queen Mary University (London)
On 7 March 2017, the Egyptian Competition Authority (ECA) issued its first bid-rigging cartel decision. The cartel involved seven of the biggest suppliers in Egypt of heart and chest valves and antioxidants for heart and chest surgeries, and related to public tenders for governmental and (...)

The French Competition Authority drops charges against car rental companies for exchanging detailed and individualised sales information (Europcar / Sixt / Avis / Hertz)
Van Bael & Bellis (Brussels)
On 27 February 2017, the French Competition Authority (“FCA”) decided to close a ten-year investigation into information exchanges between car rental companies without imposing any sanction. The FCA investigated whether information exchanged through airport management authorities facilitated (...)

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

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

The Hellenic Competition Authority issues its first decision under the new simplified settlement procedure (Hondos)
Prentoulis Gerakini Law Partnership (Athens)
February 2017 marks the first decision of the Hellenic Competition Commission (HCC) under the terms of the new simplified Settlement Procedure. The case The HCC settled a case against eight companies of the HONDOS "group" (run by different family members) in the beauty and cosmetics market (...)

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

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

The EU Court of justice recalls that where the liability of the parent company is purely derivative of that of its subsidiary the liability of the parent company may not exceed that of its subsidiary (Methacrylates cartel)
Van Bael & Bellis (Brussels)
Under settled EU case law, a parent company may be held liable for the anticompetitive behaviour of its subsidiary, even if the former has not directly participated in the infringement, provided the parent company is in a position to exercise decisive influence over its subsidiary and has, in (...)

The Irish Competition and Consumer Protection Committee acts to stop potentially anti-competitive conduct by private landlords (IPOA)
Economic & Social Research Institute
Two cheers for the Ireland’s Competition and Consumer Protection Commission action against potentially anti-competitive conduct by private landlords* Introduction With great alacrity Ireland’s Competition and Consumer Protection Commission (CCPC) has intervened successfully to hold the Irish (...)

The Indian Competition Authority grants a 75% reduction in penalty in a cartel case in the railway sector, after applying the leniency program (Pyramid Electronics)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
Introduction The Competition Commission of India (CCI) in the first ever decision involving leniency in a cartel case (Suo Moto Case No. 03 of 2014 – In Re: Cartelization in respect of tenders floated by Indian Railways for supply of Brushless DC Fans and other electrical items), published on (...)

The Indian Competition Authority approves its first leniency application and reduces by 75% the fine imposed on the leniency applicant in a bid-rigging case in the railway sector (Pyramid Electronics / Kanwar Electricals / Western Electric and Trading Company)
Vaish Associates (New Delhi)
Competition Commission of India (CCI) decides its first application for leniency in Cartels* CCI by its order dated January 18, 2017 decided its first leniency application in favour of the applicant by reducing the fine imposed by 75%. The application was filed on 10 March 2015 by one of the (...)

The EU Court of Justice confirms the EU Commission decision on animal feed phosphates cartel (Timab Industries)
DG COMP (Brussels)
Antitrust: Commission welcomes Court of Justice judgment on Animal Feed Phosphates cartel* The European Commission welcomes today’s judgment by the EU Court of Justice dismissing in its entirety Timab’s appeal against an earlier General Court ruling. The General Court (case T-456/10) had upheld (...)

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

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

The Polish Competition Authority fines ski equipment wholesaler for vertical pricing restraints (Fordex)
WKB Wierciński Kwieciński Baehr (Warsaw)
,
Freshfields Bruckhaus Deringer (Brussels)
In its decision in Case DOK-1/2016 of 23 December 2016, the President of the Office of Competition and Consumer Protection (the “OCCP”) imposed a fine of PLN 72,345 (approx. EUR 16,500) on a ski equipment wholesaler Przedsiębiorstwo Produkcyjno-Handlowe Fordex sp. z o.o. (“Fordex”), for fixing the (...)

The EU Court of Justice Advocate General Wahl considers that derivative liability of parent company may not exceed that of its subsidiary (Heat stabilisers cartel)
Van Bael & Bellis (Brussels)
Under settled EU case law, a parent company may be held liable for the anticompetitive behaviour of its subsidiary even if the former has not directly participated in the infringement, provided the parent company is in a position to exercise decisive influence over its subsidiary and, in fact, (...)

The UK Competition Authority fines suppliers of galvanised steel tanks for bid-rigging (Franklin Hodge)
British Competition Authority - CMA (London)
CMA fines water tank firms over £2.7 million* The CMA has today issued 2 decisions imposing fines on suppliers of galvanised steel tanks for breaching competition law. Galvanised steel tanks are used for water storage in larger buildings, such as schools, hospitals and other commercial and (...)

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

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

The EU Commission fines rechargeable battery manufacturers for cartel in the settlement procedure (Sony / Panasonic / Sanyo)
DG COMP (Brussels)
Antitrust: Commission fines rechargeable battery producers €166 million in cartel settlement* The European Commission has fined Sony, Panasonic and Sanyo a total of €166 million. The companies and Samsung SDI coordinated prices and exchanged sensitive information on supplies of rechargeable (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s decision against 4 public insurance companies but reduces fines to avoid overburdening the taxpayers (National Insurance / New India Insurance / Oriental Insurance / United India Insurance)
Vaish Associates (New Delhi)
COMPAT upholds CCI order against four Insurance Companies, but reduces penalty* COMPAT vide order dated December 09, 2016 has upheld CCI order dated July 10, 2015 passed under section 27 of the Act against Public Sector Insurance Companies for bid-rigging while reducing the penalty from Rs. (...)

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

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

The EU Commission fines three banks for cartel on the euro interest rate derivatives market (Crédit Agricole / HSBC / JPMorgan Chase)
DG COMP (Brussels)
Antitrust: Commission fines Crédit Agricole, HSBC and JPMorgan Chase € 485 million for euro interest rate derivatives cartel* The European Commission has fined Crédit Agricole, HSBC and JPMorgan Chase, a total of € 485 million for participating in a cartel in euro interest rate derivatives. The (...)

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

The Portuguese Competition Authority fines five paper envelopes manufacturers and distributors for cartel (Copidata)
Portuguese Competition Authority (Lisbon)
Portuguese Competition Authority dismantles cartel of paper envelopes* The Portuguese Competition Authority (AdC) dismantled a five-member cartel of paper envelopes producers and distributors, and imposed a fine of €160.000,00 on the company Firmo Papéis e Papelarias, S.A. The investigation (...)

The UK CMA obtains a novel disqualification of an individual from holding company directorships and finds easier route to individual liability for cartel conduct (Mr Aston)
Peters & Peters (London)
,
Peters & Peters (London)
An easier route to individual liability for cartel conduct?* On 1 December 2016, the UK Competition and Markets Authority (“CMA”) obtained a novel “disqualification undertaking” from Daniel Aston, the managing director of online poster supplier Trod Limited, whereby Mr Aston agreed not to act as a (...)

The Hong Kong Competition Commission orders two professional associations to modify certain provisions in their respective codes of conduct (HKIA / HKIP)
Hong Kong Competition Commission
Competition Commission calls upon two professional associations to rectify practices which raise competition concerns* The Competition Commission (Commission) today (28 November 2016) published an advisory bulletin calling upon two professional associations, namely, the Hong Kong Institute of (...)

The Brazilian Administrative Council For Economic Defense’s tribunal provides further guidance for the assessment of international cartels, indicating when they are considered able to produce effects in Brazil
Mattos Filho Veiga Filho Marrey Jr & Quiroga (New York)
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Sao Paulo)
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Sao Paulo)
CADE’s Tribunal provided, during judgment sessions held between August and November of 2016, further guidance for the assessment of international cartels, indicating when they are considered able to produce effects in Brazil, in breach of Brazilian competition law. These decisions were issued (...)

The Advocate General Kokott delivers her opinion on an appeal lodged before the EU Court of Justice against a judgment upholding the Commission’s decision finding an illegal price-fixing cartel (Pacific Fruit)
Van Bael & Bellis (Brussels)
Summary On 17 November 2016, Advocate General (“AG”) Kokott delivered her opinion on an appeal lodged before the European Court of Justice (“ECJ”) by Pacific Fruit (and its parent companies) against a judgment of the General Court (“GC”) upholding the European Commission’s decision finding an (...)

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

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

The Chinese SAIC fines three payment encryption device suppliers for market partitioning
Hogan Lovells (Beijing)
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Hogan Lovells (Beijing)
Chinese payment encryption device suppliers fined for participation in government-orchestrated cartel* On 4 November 2016, the State Administration for Industry and Commerce (“SAIC“) – one of China’s antitrust authorities – published on its website three decisions, whereby three payment encryption (...)

The Ukrainian Competition Authority issues a 7 million euros fine on seven alleged road fuel cartelists
Asters (Kiev)
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Asters (Kiev)
Antimonopoly Committee of Ukraine - What is behind EUR 7 million fine on seven alleged road fuel cartelists?* On 28 October 2016, the Antimonopoly Committee of Ukraine (AMC) fined seven companies, including Shell and SOCAR, a total of approx. EUR 7 million for alleged concerted practices. The (...)

The Belgian Competition Authority confirms unannounced inspections carried out in the market of distribution and sale of infra-red cabins
Belgian Competition Authority (Brussels)
The Belgian Competition Authority confirms the inspection at an undertaking active in the distribution and sale of infra-red cabins* The Investigation and Prosecution Service of the Belgian Competition Authority (hereafter “BCA”) confirms that the BCA has conducted an inspection at the premises (...)

The US Court of Appeals for the Seventh Circuit considers potential discrimination between taxis and transportation network providers (Illinois Transport Association / City of Chicago)
Office of Competition and Consumer Protection (Warsaw)
Sharing and traditional economy: matter of substitutability ... between cats and dogs?* Sharing economy firms are disrupting traditional industries across the globe. As Tom Goodwin once put it: “Uber, the world’s largest taxi company, owns no vehicles. Facebook, the world’s most popular media (...)

The French Competition Authority fines several modelling agencies for cartel (L’Agence)
French Competition Authority (Paris)
The Autorité fines for anticompetitive agreement the modelling sector’s main professional union and 37 modelling agencies* In brief The Autorité de la concurrence today issues a decision under which it fines the main professional union of modelling agencies, the SYNAM, for having, between (...)

The US Court of Appeal for the Second Circuit reverses a price-fixing cartel verdict against Chinese defendants on international comity grounds (Vitamin C)
Cleary Gottlieb Steen & Hamilton (Rome)
Second Circuit reverses a price-fixing cartel verdict against Chinese defendants on international comity grounds* On 20 September 2016, the United States Court of Appeals for the Second Circuit (the “Appeals court”) in New York reversed a federal district court judgment in an antitrust lawsuit (...)

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

The Polish Competition Authority fines infertility treatment providers for price fixing (Polish Centres of Infertility Treatment and Reproduction Development)
WKB Wierciński Kwieciński Baehr (Warsaw)
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WKB Wierciński Kwieciński Baehr (Warsaw)
In its decision dated 1 September 2016, the President of the Office of Competition and Consumer Protection (hereinafter the “OCCP President”) fined the Association of Polish Centres of Infertility Treatment and Reproduction Development (hereinafter the “Association”) for fixing prices of offers for (...)

The Indian Competition Authority re-imposes fines on 11 major cement manufacturers for forming a cartel (Builders’ Association of India / Cement Manufacturers’ Association)
Vaish Associates (New Delhi)
Competition Commission of India (CCI) re-imposes penalty on 11 cement companies for cartelisation* CCI by its order dated August 31, 2016 has re-imposed penalties on 11 cement manufacturers and Cement Manufacturers Association(CMA) for violation of Section 3(3)(a) and 3(3)(b) of the Act. The (...)

The Arbitration Court of Moscow confirms the fine imposed against a company for cartel in the software market (RDIEX)
Russian Federal Antimonopoly Service (Moscow)
Arbitration Court pronounced legitimacy of a more 23.4 million RUB fine for an anticompetitive agreement* On 17 August 2016, Moscow Arbitration Court pronounced legitimacy of a fine imposed by the Federal Antimonopoly Service (FAS Russia) upon “RDIEX Razumnie Delovie Tekhnologii” JSC. The (...)

The US FTC charges an undertaking for an alleged invitation to collude with another undertaking that served as both a competitor and a supplier (Fortiline)
Morgan Lewis (New York)
A dual distribution relationship does not protect against Section 5 liability for an invitation to collude. For the first time, the Federal Trade Commission (FTC) has charged a company with violating Section 5 of the FTC Act for an alleged invitation to collude with a company that served as (...)

The UK Competition Authority fines a company specialized in online sales of posters and frames for cartel (Trod)
British Competition Authority - CMA (London)
CMA issues final decision in online cartel case* The CMA has today issued a formal decision that 2 online sellers of posters and frames broke competition law. This follows the announcement on 21 July 2016 that Trod Ltd had admitted agreeing with GB eye Ltd (trading as ‘GB Posters’) that they (...)

The Hungarian Competition Authority fines providers of medical products and medical devices for bid rigging (Chirmax)
Hungarian Competition Authority (Budapest)
The GVH imposed fines for coordination of bids in tenders of hospitals* In its decision the Gazdasági Versenyhivatal (Hungarian Competition Authority) established that, in order to influence the tender notice, share the market and fix prices, B. Braun Medical Magyarország Orvostechnológiai Kft., (...)

The German Competition Authority fines TV studio operators for cartel (Studio Berlin Adlershof)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines on TV studio operators* The Bundeskartellamt has imposed fines amounting to a total of approx. 3.1 million euros on Studio Berlin Adlershof (SBA) GmbH, its affiliate Studio Berlin Broadcast GmbH (both located in Berlin) and Bavaria Studios & Production (...)

The Hellenic Competition Commission introduces settlement procedure for cartels
Hellenic Competition Authority (Athens)
HCC introduces settlement procedure for cartels* By its unanimous Decision No. 628/2016, the Hellenic Competition Commission (HCC) established the terms and conditions of the settlement procedure in cartel cases, according to the provisions of Articles 25a and 14 par 2 of the Greek Competition (...)

The UK Competition and Markets Authority fines online retailers for using automated repricing software to implement an illegal cartel (Trod / GB Posters)
British Competition Authority - CMA (London)
Online seller admits breaking competition law* An online seller has agreed to accept a fine after admitting using automated repricing software to implement an illegal cartel. Trod Limited has admitted agreeing with one of its competing online sellers, GB eye Limited (trading as ‘GB Posters’), (...)

The Hellenic Competition Authority introduces settlement procedure for cartels
Hellenic Competition Authority (Athens)
HCC introduces settlement procedure for cartels* By its unanimous Decision No. 628/2016, the Hellenic Competition Commission (HCC) established the terms and conditions of the settlement procedure in cartel cases, according to the provisions of Articles 25a and 14 par 2 of the Greek Competition (...)

The EU Court of Justice clarifies when an undertaking can be held liable for the anticompetitive behaviour of an independent service provider (VM Remonts)
Van Bael & Bellis (Brussels)
In VM Remonts, the Court of Justice furst reiterated the established case-law on the liability of an undertaking for the conduct of an independent service provider: an undertaking may be held liable if the service provider acts under the direction or control of the undertaking concerned, and is (...)

Advocate General Szpunar renders an opinion on publication of information about the functioning of an illegal cartel acquired via leniency statements (Evonik Degussa)
CDC Cartel Damage Claims (Brussels)
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CDC Cartel Damage Claims (Brussels)
Presenting public knowledge: Leniency programmes and cartels* By his opinion of 21 July 2016 in Case C-162/15 P, Evonik Degussa, Advocate General (AG) Maciej Szpunar of the EU Court of Justice confirmed that information on the functioning of a clandestine cartel, even when it originates from (...)

The EU Commission imposes record-breaking fines of € 2.9 billion against truck producers (MAN / Volvo / Renault / Daimler / Iveco / DAF)
Van Bael & Bellis (Brussels)
On 19 July 2016, the Commission announced it had adopted a decision under the cartel settlement procedure fining truck producers a record breaking € 2.9 billion for their participation in a cartel on the market for medium and heavy trucks. The companies involved in the decision are MAN, (...)

The Hellenic Competition Authority opens an ex-officio investigation into the luxury cosmetics market (L’Oréal)
Hellenic Competition Authority (Athens)
Ex-officio investigation into the luxury cosmetics market, for alleged infringements of competition rules.* Ex-officio investigation into the luxury cosmetics market, for alleged infringements of competition rules. The Grand Chamber of the HCC will convene on the 13th of October 2016 to (...)

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

The Dutch Supreme Court accepts passing-on defense in private enforcement litigation (TenneT/ Gas-insulated Switchgear)
Van Bael & Bellis (Brussels)
On 8 July 2016, the Dutch Supreme Court (“the Court”) handed down a judgment upholding the availability of the passing-on defense in private enforcement litigation. The ruling resulted from a civil claim for damages brought by the electricity company TenneT against the gas-insulated switchgear (...)

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

The Spanish Competition Authority fines 8 companies, and 9 of their executives, for involvement in a cartel and bid rigging in the public procurement process on the national railway market (Infraestructuras Ferroviarias)
European Commission (Brussels)
The CNMC fines four companies and nine of their executives € 5.64 million for dividing up the awards for supplying ADIF with rail turnouts* The CNMC fined € 5.58 million Amurrio Ferrocarril y Equipos, S.A, Jez Sistemas Ferroviarios, S.L., Talleres Alegría, S.A. and Duro Felguera Rail, S.A.U for a (...)

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

The US Supreme Court to review US Court of Appeals decision on standing in antitrust cases (Visa / Mastercard)
Wolters Kluwer (Riverwoods)
Supreme Court Agrees to Consider Sufficiency of Antitrust Conspiracy Allegations in the Context of Business Associations*Last week, the U.S. Supreme Court wrapped up its regular business for the October 2015 term, but not before deciding to put an antitrust case on the docket for the next term. (...)

The Indian Competition Authority clarifies that mere collusion or coordination is not enough to hold the Parties in contravention of the provisions of the Competition Act (Ruchi Soya Industries / Betul Oils / Ganganagar Commodity)
Vaish Associates (New Delhi)
CCI: Mere collusion or coordination is not enough to hold the Parties in contravention of the provisions of the Competition Act* The CCI, by way of its order dated June 28, 2016 held that M/s Ruchi Soya Industries Ltd., M/s Betul Oils Ltd and M/s Ganganagar Commodity Ltd. were not in (...)

The German Competition Authority issues its annual report for 2015
German Competition Authority (Bonn)
2015 Annual Report of the Bundeskartellamt* Today, the President of the Bundeskartellamt, Andreas Mundt, presented the authority’s annual report for 2015. Digital economy New digital products and business models have created new challenges for competition policy and competition law (...)

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

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

The Spanish Competition Authority fines 8 manufacturers, their business association, and 4 executives for a long-term cartel in the adult diapers market (AIO)
European Commission (Brussels)
The CNMC fines eight manufacturers of adult nappies, their business association and four executives the sum of €128.8 for forming a cartel* The CNMC has found evidence of an infringement of Article 1 of the Defence of Competition Act, 15/2007, of 3 July, and Article 101 of the Treaty on the (...)

The EU Commission fines a steel abrasives producer for cartel (Pometon)
DG COMP (Brussels)
Antitrust: Commission fines Pometon € 6.2 million for participation in steel abrasives cartel* The European Commission has found that Italian abrasives producer Pometon S.p.A. breached EU antitrust rules by participating in a cartel to coordinate steel abrasives prices in Europe for almost four (...)

The Hong Kong’s Competition Commission issues its report on study into aspects of the market for residential building renovation and maintenance
Hong Kong Competition Commission
Competition Commission announces results of its study into aspects of the residential building renovation and maintenance market* The Competition Commission (Commission) today (24 May) released a report outlining the results of its study into certain aspects of the residential building (...)

The Greek Competition Authority sends a statement of objections to suspected members of a cartel in the construction sector (Ellaktor)
Hellenic Competition Authority (Athens)
Statement of Objections addressed to undertakings active in the construction sector regarding an alleged infringement of Article 1 of the Greek Competition Act and Article 101 TFEU* Following the issuing of a statement of objections, the Hellenic Competition Commission (HCC) will convene on 21 (...)

The Latvian Competition Council announces the adoption by the Latvian Parliament of significantly modernising amendments to the Competition Law
Konkurences padome (Riga)
Saeima passes Amendments to the Competition Law* On 12 May, Latvian Parliament – Saeima – adopted in final reading amendments to the Competition Law that significantly modernizes competition protection in Latvia. Amendments to the Competition Law provides the Competition Council (CC) of Latvia (...)

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

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

The German competition authority fines food and drink retailers for hub-and-spoke cartel (AB InBev)
Van Bael & Bellis (Brussels)
In its decisions of 16 May 2015, 30 December 2015 and 28 April 2016, the German Federal Cartel Office (“FCO”) found that food and drink retailers and the brewery Anheuser Busch InBev Germany Holding (“AB InBev”) engaged in a hub-and-spoke cartel by fixing prices for the sale of beer products. (...)

The Czech Competition Office fines several construction companies that coordinated their bids in public tenders
Czech Competition Authority (Brno)
More fines imposed for prohibited agreements of construction companies* On the 4 May 2016, the Office for the Protection of Competition adopted its first instance decision regarding the so-called small construction cartel. In the decision, the Office imposed fines amounting to CZK 278 million (...)

The Dutch Competition Authority fines manufacturers of prefabricated concrete garages for cartel (Rekers)
Netherlands Authority for Consumers & Markets (The Hague)
ACM fines cartel of manufacturers of concrete garages* The Netherlands Authority for Consumers and Markets (ACM) has imposed a fine on a cartel of manufacturers of prefabricated concrete garages. The two largest manufacturers of such garages, Rekers Betonwerk and Juwel Betonbauteile, had (...)

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

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

The Greek Competition Authority accepts commitments proposed by steel producers regarding exchange of information in the context of their trade association (Sidenor)
Hellenic Competition Authority (Athens)
The HCC accepts commitments by steel producers regarding the exchange of information in the context of their trade association, while further rejecting complaints about other alleged infringements in the markets for the production, distribution and accreditation of steel products* The HCC (...)

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

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

The Hungarian Competition Authority initiates proceedings for a suspected cartel during a procurement of health equipment aimed at saving energy (Siemens Healthcare)
Hungarian Competition Authority (Budapest)
The GVH has initiated a proceeding for a suspected cartel* On 11 April 2016 the Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) initiated a competition supervision proceeding against several undertakings (Siemens Healthcare Kft., GE Hungary Ipari és Kereskedelmi Kft., PHILIPS (...)

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

The EU Commission fines an undertaking in the market of canned mushrooms for its participation to a cartel (Riberebro)
DG COMP (Brussels)
Antitrust: Commission fines Riberebro €5.2 million for participation in canned mushrooms cartel* The European Commission has found that Spanish canned and fresh vegetable company Riberebro participated in a cartel to coordinate prices and allocate customers of canned mushrooms in Europe for (...)

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

The Finnish Market Court rejects the penalty proposed by the Competition Authority concerning power line matter (Empower)
Finnish Competition and Consumer Authority (Helsinki)
Market Court rejects FCCA’s penalty proposal concerning power line matter* The Finnish Competition and Consumer Authority (FCCA) had proposed that the Market Court impose a EUR 35 million penalty on Eltel Networks Oy and Eltel Group Oy for unlawful collaboration between competitors in power (...)

The Romanian High Court of Cassation confirms irrevocably the infringement of the competition law by a manufacturer of oil and gas by a participation in a cartel (OMV Petrom)
Romanian Competition Council (Bucharest)
The Competition Council has irrevocably won the trial with OMV PETROM Marketing* The High Court of Cassation and Justice confirmed irrevocably the infringement of the Competition Law by OMV PETROM MARKETING (at the date of infringement called OMV) by participation in a cartel besides other (...)

The Dutch Competition Authority fines cold-storage firms for cartel (Kloosbeheer)
Netherlands Authority for Consumers & Markets (The Hague)
ACM imposed fines of EUR 12.5 million on cold-storage firms* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines, totaling almost EUR 12.5 million, in three cases on four companies in the cold storage industry (freezing and refrigerated storage). Five executives were (...)

The German Competition Authority fines several companies for cartel in the sanitary sector (Elmer)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines in cartel in sanitary sector* The Bundeskartellamt has imposed fines totalling around 21.3 million euros on nine wholesalers and an individual involved in the sanitary, heating and air conditioning sector on account of concluding anti-competitive agreements. The (...)

The German Competition Authority fines a railway company for participation in a cartel (Vossloh Laeis)
German Competition Authority (Bonn)
Bundeskartellamt concludes "rail case" with fine imposed on Vossloh Laeis* The Bundeskartellamt has imposed a fine of just under 3.5 million euros on the company Vossloh Laeis GmbH, Trier. Andreas Mundt, President of the Bundeskartellamt: "During the period from 2001 to 2011 Vossloh Laeis (...)

The District Court of the Hague rules that a trade organization and an individual company infringed the cartel prohibition by foreclosing the use of a tool to determine the age of a purchaser of alcohol or tobacco (HEM / CBL / Jumbo)
Clifford Chance (Amsterdam)
On 9 March 2016, the District Court of The Hague ("Court") ruled that Centraal Bureau Levensmiddelenhandel ("CBL") and various Jumbo entities ("Jumbo") infringed Article 6 of the Dutch Competition Act (the cartel prohibition, hereafter "Mw") and are thus jointly and severally liable for damages (...)

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

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

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

The Bulgarian Commission for Protection of Competition publishes the result of an inquiry in the fuel sector and opens proceedings regarding possible price-fixing cartels and abuse of dominance
Avon (Sofia)
On February 25, 2016 the Commission for Protection of Competition (CPC) in Bulgaria has published its Conclusion of the sector inquiry on the Bulgarian market for the manufacture and sale of petrol and diesel fuels. The sector inquiry was initiated the middle of 2015 as doubts occurred that (...)

The Belgian Competition Authority adopts second settlement decision in industrial battery cartel case (Battery manufacturers)
Van Bael & Bellis (Brussels)
On 23 February 2016, the College of Competition Prosecutors (the “Competition College”) of the Belgian Competition Authority adopted its second settlement decision involving six battery manufacturers (Battery Supplies, Celecric, Emrol, Enersys, Exide Technologies and Hoppecke) on account of these (...)

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

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

The Cypriot Competition Authority fines several banking for abuse of dominance and cartel (JCC )
Commission for the Protection of Competition of the Republic of Cyprus (Nycosia)
PRESS RELEASE: The Commission for the Protection of Competition with its decision no. 6/2016 dated 27/01/2016 imposed on JCC Payment Systems Limited, Bank of Cyprus Public Company Ltd, Marfin Popular Bank Public Co Ltd, Hellenic Bank Public, USB Bank Plc, Alpha Bank Cyprus Ltd, Emporiki Bank of (...)

The Croatian Competition Authority fines several sports betting companies for cartel (Bolus / Favorit sportska kladionica)
Croatian Competition Agency (Zagreb)
CCA establishes a cartel between betting shops* The undertakings engaged in sports betting Bolus, Favorit sportska kladionica, Germania Sport, Prva sportska kladionica and Super Sport agreed on the future bookmaker commission fee in the Republic of Croatia. The CCA fined the bookmakers 9.7 (...)

The Finnish Competition Authority seeks to fine several major bus companies guilty of forming a cartel (Matkahuolto)
Finnish Competition and Consumer Authority (Helsinki)
FCCA proposes EUR 38 million penalty for a cartel involving 7 coach companies, the Finnish Bus and Coach Association and Matkahuolto* The Finnish Competition and Consumer Authority (FCCA) has today presented the Market Court with a proposal for a EUR 38 million penalty concerning seven* of the (...)

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

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

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

The Chilean National Antitrust Prosecutor files a claim against the three major supermarket companies of the country for coordinating a cartel in a market where they reach a combined market share of over 90% (Walmart / Cencosud / SMU)
University of Berkeley
On the last decade, Chile has witnessed an explosion in its cartel history. Strangely enough, while the latest Antitrust reforms have aimed to higher sanctions and invasive investigation methods, and the public scrutiny has increased as information becomes available, the major corporations seem (...)

The Indian Competition Authority closes cartel case against general insurance public sector enterprises and their association (Association of Third Party Administrators / General Insurers’ Public Sector Association of India)
Vaish Associates (New Delhi)
Competition Commission of India (CCI) closes case against General Insurance Public Sector Undertakings and their association for alleged cartelization* The CCI, by its order dated January 4, 2016, has closed a case alleging anti-competitive agreements between the four PSU general insurance (...)

The Chinese NDRC fines shipping companies for price-fixing (EUKOR)
GeyerGorey (Washington)
China Fines 7 Shipping Companies $65 Million* Shipping cartels have been a frequent target of prosecution by the Antitrust Division of the United States Department of Justice. The rules around shipping cartels can be confusing because certain joint pricing activity can be legal and there are (...)

The UK Competition Appeal Tribunal hears the first damages claims since the entry into force of the Consumer Rights Act 2015 (NCRQ)
Collyer Bristow
On 22 December 2015, the Competition Appeal Tribunal (the “CAT”) announced the commencement of two damages actions which, according to its website , were only the second and third claims issued in the CAT since 1 October, when the Consumer Rights Act 2015 came into force seismically changing (...)

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

The Chinese State Administration for Industry & Commerce fines insurance companies for market sharing (Insurance companies case)
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Hogan Lovells (Beijing)
Recently, the SAIC published the decisions of its local offices in Hubei and Jiangxi relating to market sharing agreements by insurance companies. Both decisions involved coinsurance arrangements relating to accidental injury insurance for the construction industry. Hubei The Hubei (...)

The Stockholm City Court fines three healthcare providers for cartel (Aleris / Capio / Hjärtkärlgruppen)
Swedish Competition Authority (Stockholm)
High cartel fines for health care providers* Three health care providers that collaborated unlawfully in the procurement of health care services in Stockholm were ordered by Stockholm City Court to pay around SEK 28 million in fines. “I am very satisfied with the court’s clear message that (...)

The Lithuanian Competition Authority announces that three cinema operators have implemented two separate cartel agreements (Forum Cinemas)
Lithuanian Competition Authority (Vilnius)
Lithuanian Competition Council detected two cartels by cinema operators* On December 18 Lithuanian Competition Council (KT) announced that three cinema operators, “Forum Cinemas“, “Multikino Lietuva“ and “Cinamon Operations“, had been fixing prices of cinema tickets as part of two separate cartel (...)

The Hong Kong Competition Commission receives an application for a block exemption for liner shipping agreements (Hong Kong Liner Shipping Association)
GeyerGorey (Washington)
Hong Kong Shipping Association Seeks Liner Exemption* The Hong Kong Liner Shipping Association has submitted to the Hong Kong Competition Commission for consideration a block exemption for liner shipping agreements. The HK Commission gave interested parties until March 24 to comment on the (...)

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

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

The Latvian Competition Authority fines two hardware suppliers for a cartel agreement in a public procurement (Expert Digital / Hannu Digital)
Konkurences padome (Riga)
The CC fines Two Hardware Suppliers for Bid Rigging* On 16 December, the Competition Council (CC) of Latvia took a decision to fine two hardwire suppliers SIA Expert Digital and SIA SIA Hannu Digital for a cartel agreement in a public procurement. The fine was set in a total amount of 11 573 (...)

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

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

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

The French Competition Authority announces the launch of a public consultation by the EU Commission on how to ensure that national competition authorities effectively enforce competition law and invites all relevant stakeholders to contribute
French Competition Authority (Paris)
Launch of a public consultation by the European Commission* The European Commission has launched a public consultation on how to ensure that national competition authorities effectively enforce competition law. The Autorité de la concurrence invites all relevant stakeholders to contribute to (...)

The EU Commission confirms it has carried out several unannounced inspections in the rail passenger transport market
DG COMP (Brussels)
Antitrust: Commission confirms unannounced inspections in rail passenger transport sector* The European Commission can confirm that on 24 November 2015 its officials carried out unannounced inspections in the sector of rail passenger transport and related services in Austria. The Commission (...)

The Hungarian Competition Authority reduces the fine imposed in the pipe cartel case (Pipelife)
Hungarian Competition Authority (Budapest)
Fine reduction via leniency policy* The Gazdasági Versenyhivatal (GVH – Hungarian Competition Authority) established that BTH Fitting Gyártó és Forgalmazó Kft. (BTH), Pipelife Hungária Műanyagipari Kft. (Pipelife), Wavin Hungary Ipari, Kereskedelmi and Szolgáltató Kft. (Wavin) concluded market sharing (...)

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

The Competition Commission of India fines airlines for a cartel regarding fuel surcharge (Jet Airways / InterGlobe Aviation / Spice Jet)
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
Introduction Continuing with its mandate of preventing any practice which has an appreciable adverse effect on competition (AAEC) in India including crackdowns on cartel, the Competition Commission of India (CCI) has, recently, found a case of cartelization in the airline industry segment in (...)

The Indian Competition Commission fines airlines for fixing fuel surcharge and shows a change in the evidentiary standard in cartel cases involving price parallelism and circumstantial evidence (Jet Airways / InterGlobe Aviation / Spice Jet)
Amit Sibal (New Delhi)
CCI imposes penalty of USD 38.6 million on airlines for fixing fuel surcharge* Just when one almost thought that the year 2015 would go by without a major cartel fine, the Competition Commission of India (CCI) published a decision on 17 November 2015 imposing penalties of USD 38.6 million (...)

The Bulgarian Commission on Protection of Competition and the UNCTAD organize a forum to assist competition authorities in the Balkan region in enforcing their competition regimes
Avon (Sofia)
The 7th meeting of Sofia Competition Forum was held on November 12, 2015 in Sofia, Bulgaria. It has been its third consecutive year since SCF was created in 2012 as a joint initiative of UNCTAD and the Bulgarian Commission on Protection of Competition. The aim of the Forum is to assist (...)

The Czech Competition Authority fines tenderers for cartel and bid rigging in the construction sector
Czech Competition Authority (Brno)
Bid rigging construction cartel fined CZK 2.036 Billion* On the 6th November 2015, the Office for the Protection of Competition adopted the first instance decision regarding bid-rigging cartel agreement in the construction sector. The fines imposed on the cartel members amount to CZK 2.036 (...)

The Mexican Competition Authority launches an investigation on the market of securities transportation services
Mexican Competition Authority (Mexico City)
COFECE investigates securities transportation services* Mexico City November 5th 2015.- Through the Mexican Official Gazette and its website, the Federal Economic Competition Commission’s (COFECE) Investigative Authority publicly announces the opening of an investigation derived from a (...)

The EU Commission sends a statement of objections to several companies suspected of participation in an electrolytic capacitors cartel
DG COMP (Brussels)
Antitrust: Commission sends statement of objections to suspected participants in electrolytic capacitors cartel* The European Commission has informed ten manufacturers of electrolytic capacitors that it suspects them of having participated in a cartel, in breach of EU antitrust rules. (...)

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

The Russian Competition Authority concludes an investigation regarding a cartel in the market of public and municipal construction (NASI)
Russian Federal Antimonopoly Service (Moscow)
Leningrad OFAS exposed a violation on the regional market of developing and selling costing programs, and design specifications and estimates* The Federal Antimonopoly Service (FAS Russia) continues the efforts to expose violations of the antimonopoly law in public and municipal construction. (...)

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

The EU Court of Justice upholds cartel facilitator liability (AC-Treuhand)
Norton Rose Fulbright (Brussels)
Introduction On October 22, 2015, the European Court of Justice (the ECJ) published a landmark decision upholding the Commission’s imposition of fines on a consultancy, AC-Treuhand AG (AC-Treuhand), for participation in two cartels between 1993 and 2000. AC-Treuhand argued that, as a (...)

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

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

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

The EU Court of Justice dismisses the appeal against a judgment of the General Court upholding cartel facilitator liability (AC-Treuhand)
Garrigues (Brussels)
,
Garrigues (Brussels)
You may remember that earlier this year we commented on AG Wahl’s Opinion in AC-Treuhand (C-194/14 P) and anticipated that, in spite of its thought provoking reasoning, it was likely not to be followed by the Court. Well, the ECJ’s Judgment was released on Thursday, and, as expected, the General (...)

The EU Court of Justice confirms that consulting firms may be held liable and fined for cartel facilitation (AC‑Treuhand)
Wiggin (London)
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Quinn Emanuel Urquhart & Sullivan (Brussels)
,
Quinn Emanuel Urquhart & Sullivan (Brussels)
The Court of Justice has confirmed that consultancy firms may be held liable and fined for cartel infringements where they contribute to the implementation and continuation of cartels even if they are not active on the affected market(s). Background In 2009, the Commission fined a number of (...)

The England & Wales Court of Appeal refuses to expand the qualification of victim down the chain to the ultimate consumer (Air Canada / Emerald Supplies)
Blackstone Chambers (London)
Blown out of the water? Air Cargo and the future of extra-EU/EEA cartel damages claims* If the captain of a trading ship fires cannon on a canoe to prevent the canoeists trading with another boat vying for their trade, that boat’s owners can sue the captain: Tarleton v M’Gawley (1793) Peake 270. (...)

The English Court of Appeal strikes out two cartel damages claims based on the torts of conspiracy and economic interference thus narrowing the scope of other potential claims (Air Cargo)
Simmons & Simmons (London)
,
Simmons & Simmons (London)
,
Simmons & Simmons (London)
In brief There were three significant developments in the air cargo cartel damages litigation in the UK in October 2015. First, on 14 October 2015, the English Court of Appeal significantly narrowed the scope of potential claims in the UK by striking out two claims based on the torts of (...)

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

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

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

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

The French Competition Authority starts dawn raids against several companies suspected of having implemented anti-competitive practices in the sector of processed fruits
French Competition Authority (Paris)
Processed fruits packaged in cups and pouches – dawn raids* The General Rapporteur of the Autorité de la concurrence states that unannounced inspections were carried out on September 22nd in the sector of processed fruits packaged in cups and pouches On 22 September 2015, following (...)

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

The UK Competition Authority closes its hotel online booking investigation (Booking.com)
British Competition Authority - CMA (London)
CMA closes hotel online booking investigation* The CMA today announced that it has closed an investigation into suspected breaches of competition law in the hotel online booking sector. The investigation was launched by the Competition and Markets Authority’s (CMA) predecessor, the Office of (...)

The Hungarian Competition Authority fines several pharmaceutical laboratories for cartel (Hungaropharma)
Hungarian Competition Authority (Budapest)
The GVH imposed fines for pharma cartel* The Hungarian Competition Authority (GVH) established in its decision that three pharmaceutical wholesalers, with the active collaboration of two consultant companies, had committed an infringement. The wholesalers influenced the medicine public (...)

The US Court of Appeals for the Fourth Circuit turns on the interpretation of the Twombly plausibility standard and the application of the Supreme Court’s precedent on pleading standards to antitrust actions at early stages of litigation (Sawstop / Black & Decker)
Siemens (New York)
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Patterson Belknap Webb & Tyler (New York)
Divided Fourth Circuit Panel Slices Up Twombly in Table Saw Boycott Suit* Last week, a divided three-judge panel of the Fourth Circuit issued a significant decision in a boycott conspiracy case, SD3, LLC v. Black & Decker, No. 14-1746 (4th Cir. Sept. 15, 2015). The suit, at its heart, (...)

The UK Southwark Crown Court sentences an individual who pled guilty to a criminal cartel offence (Peter Nigel Snee)
Simmons & Simmons (London)
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Simmons & Simmons (London)
Director that pleaded guilty to the cartel offence in the galvanised steel water tank cartel has received a six month suspended sentence after his co-accuseds were acquitted. In brief On 14 September 2015, the UK Competition and Markets Authority (CMA) announced that an individual had been (...)

ECJ Advocate General Wathelet hands down opinion on the relationship between the EU Commission and NCA leniency applications for the same cartel (DHL)
Van Bael & Bellis (Brussels)
On 10 September 2015, Advocate General Wathelet of the European Court of Justice (“ECJ”) issued an opinion on a preliminary reference from an Italian court regarding the relationship between leniency applications made under the European Commission’s leniency notice and summary applications made to (...)

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

The South African Competition Commission fines two shipping companies for bid-rigging and exercises a considerable degree of discretion when choosing a strategy for imposing an administrative penalty (Shipping Cartel)
Nortons (Sandton)
Shipping Cartel: Recent approach to fining in SA* AAT previously reported (here and here) that the SACC had been investigating cartel behaviour which allegedly took place between multiple shipping liners who transported vehicles for various Original Equipment Manufacturers (“OEMs”). The (...)

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

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

The Latvian Competition Authority issues warnings against 15 tenderers of public procurements suspected of bid-rigging
Konkurences padome (Riga)
Competition Authority warns 15 Undertakings* In the first half of 2015, the Competition Council (CC) of Latvia has issued warnings to 15 undertakings under suspicion of breach of the Competition Law. Most warnings have been issued to tenderers of public procurements, thus once again proving (...)

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

The Mexican Competition Authority issues an English version of the federal economic competition law
Mexican Competition Authority (Mexico City)
COFECE publishes an english version of the federal economic competition law* Mexico City, August 20th 2015. – Mexico’s Federal Economic Competition Commission has released an English version of the Federal Economic Competition Law (Law). This document is a courtesy translation of the Law (...)

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

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

The Dutch Competition Authority fines two natural-vinegar manufacturers for cartel agreement (Kühne and Burg)
Netherlands Authority for Consumers & Markets (The Hague)
ACM fines natural-vinegar manufacturers for cartel agreement* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines on two manufacturers of natural vinegar (also known as white or distilled vinegar), which are Kühne and Burg, for having made cartel arrangements. Burg is (...)

The Portuguese Competition Authority fines several tenderers for bid rigging in the market of supply of pre-fabricated modules (Elevatrans)
Portuguese Competition Authority (Lisbon)
The PCA sanctions five undertakings for anticompetitive practices in public tenders for the supply of pre-fabricated modules to Parque Escolar * Undertakings collaborate and renounce the right to judicial review The Portuguese Competition Authority (PCA) sanctioned the undertakings Algeco – (...)

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

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

The Slovakian Competition Authority fines three tenderers for bid rigging in the market of construction of healthcare facility in Košice region
Slovak Competition Authority
AMO imposed a fine of EUR 2,55 mil. for a cartel in construction of healthcare facility* On July 7, 2015 the Antimonopoly Office of the Slovak Republic, Division of Cartels issued a decision imposing fines totalling EUR 2 547 551 on three undertakings for coordination of the procedure in the (...)

The EU Court of Justice receives an appeal from an undertaking part to a cartel settlement against EU General Court judgement in the animal feed phosphates cartel case (Timab)
Sidley Austin (London)
Timab litigates settlement all the way to the CJEU* The European Commission (“Commission”) introduced its settlement procedure for cartel cases back in 2008. The main aims? To make life easier for the Commission and to keep cartel cases out of the overburdened EU Courts. But Timab – a party (...)

The Spanish Competition Authority fines 21 car manufacturers and distributers and two consulting firms for exchanging commercially sensitive and strategic information (Fabricantes de automóviles)
Liège University - IEJE
,
Liège University - IEJE
The CNMC (Spain’s National Authority for Markets and Competition) Council issues a 171 million euros fine against 21 automobile manufacturing and distributing companies and two consulting companies for exchanging commercially sensitive and strategic information. File resolution S/0482/13 (...)

The Spanish Competition Authority fines 23 companies for participating in a cartel in the automobile manufacturing and distribution markets (Fabricantes de automóviles)
European Commission (Brussels)
The CNMC has issued 171 million euros in fines to 21 automobile manufacturing and distributing companies in Spain* On 28/07/2015, The CNMC has issued a total of 171 million euros in fines to 21 companies present in the distribution and marketing of motor vehicles market and/or the provision of (...)

The Mexican Competition Authority imposes fines on several transportation companies for price-fixing agreements (OTEZ)
Mexican Competition Authority (Mexico City)
COFECE sanctions passenger transportation companies in the state of Chiapas for absolute monopolistic practices* The Federal Economic Competition Commission’s (COFECE) Board of Commissionerssanctioned 7 passenger transportation companiesin the state of Chiapas with a total fine of $2.78 (...)

ECJ Advocate General Szpunar encourages the EU Court of Justice to adopt a strict standard for undertakings to distance themselves from potentially anticompetitive actions by a third party (Eturas)
Jones Day (London)
,
Jones Day (Amsterdam)
,
Pinsent Masons (London)
An advisor to Europe’s highest court, the Court of Justice of the European Union ("CJEU"), is encouraging the CJEU to adopt a strict standard for companies to distance themselves from potentially anticompetitive actions by a third party with which they do business. In a case involving (...)

The ECJ Advocate General Szpunar issues opinion on circumstances where the use of an online booking system by travel agents may amount to a concerted practice (Eturas)
Ashurst (Milan)
EU Court of Justice’s Advocate General issues opinion on circumstances where the use of an online booking system by travel agents may amount to a concerted practice* On 16 July 2015 Advocate General Szupnar handed down his opinion following a request for a preliminary ruling by the Court of (...)

The EU Commission fines cargo train operators in a cartel settlement (Express Interfracht / Schenker)
Constantine Cannon (London)
,
Constantine Cannon (London)
European Commission Slams Cargo Train Operators With 49 Million Euro Fine In Cartel Settlement* The European Commission (“EC”) today imposed fines totalling 49,154,000 euros on Express Interfracht, part of the Austrian railway company Österreichische Bundesbahnen, and Schenker, a subsidiary of (...)

The EU Commission imposes fines on cargo train operators for participation in a cartel (Express Interfracht / Schenker)
DG COMP (Brussels)
Commission fines cargo train operators € 49 million for cartel* The European Commission has imposed fines of € 49 154 000 on Express Interfracht, part of the Austrian railway incumbent Österreichische Bundesbahnen ("ÖBB"), and Schenker, part of the German railway incumbent Deutsche Bahn ("DB"), (...)

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

The Indian Competition Commission decides on whether public sector enterprises constitute a single economic entity (National Insurance, New India Assurance, Oriental Insurance and United India Insurance)
Amit Sibal (New Delhi)
Insurance cartel* The CCI recently issued an order imposing a penalty of USD 105.7 million (approx.) on 4 public sector (owned by the Government of India) insurance companies for indulging in bid rigging. The case was initiated by the CCI on its own motion based on an anonymous letter alleging (...)

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

The EU Court of Justice confirms that the Commission can take into account sales of products incorporating cartelised components when calculating the fine for vertically-integrated companies that sell the transformed products in the EEA (InnoLux)
Covington & Burling (Brussels)
,
Sidley Austin (Brussels)
I. Parties InnoLux Corp. (“InnoLux”), the applicant, is the surviving legal entity pursuant to a merger agreement between Chi Mei Optoelectronics Corp. (“CMO”), InnoLux Display Corp. and TPO Displays Corp in 2010. InnoLux is active in the worldwide market for liquid crystal display panels (“LCD (...)

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

The Mexican Competition Authority issues its new monopolistic practices guidelines
Mexican Competition Authority (Mexico City)
COFECE publishes new monopolistic pratices guidelines* The Board Of Commissioners of the Federal Economic Competition Commission (COFECE or Commission) approved the Leniency Program and Sanction Reduction Guidelines, the Guidelines for filing an investigation process for relative monopolistic (...)

The Italian Administrative Court of Second Instance confirms the annulment in parte qua of the Competition Authority’s decision regarding a cartel in the market for road and highway barriers (Metalmeccanica)
Lipani Catricalà & Partners (Rome)
,
DLA Piper (Rome)
1. Premise – The present work is aimed at focusing on the decision of 2 July 2015 No. 3291 issued by the Italian Administrative Court of Second Instance (i.e. Consiglio di Stato, hereinafter the “CdS”), highlighting the aspects of interest (hereinafter, the “Judgement”). The Judgement closed a (...)

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

The US Court of Appeals for the 2nd Circuit reaffirms the principle that even vertical agreements that seem lawful in the abstract can, viewed in context, evidence a horizontal cartel (Apple)
Patterson Belknap Webb & Tyler (New York)
Second Circuit Affirms Ruling Against Apple in E-book Price-Fixing Case* We have previously posted about United States v. Apple, Inc., a blockbuster trial that ended with Judge Denise Cote of the Southern District of New York concluding that Apple had conspired with five publishing companies (...)

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

The US Court of Appeals for the 2nd Circuit affirms ruling condemning masterminding the creation, organization and implementation of a conspiracy by five ebook publishers (Apple)
Sheppard Mullin (San Francisco)
The Second Circuit’s Apple Ebooks Opinion* The Second Circuit affirmed the district court and held, 2 to 1, that defendant Apple Inc. had violated Section 1 by masterminding the creation, organization and implementation of a conspiracy by five publishers of ebooks that benefited Apple, as Apple (...)

The European Commission fines several producers and distributors for cartel in the retail food packaging sector (Nespak)
DG COMP (Brussels)
Commission fines producers and distributors € 115 865 000 for operating retail food packaging cartels* The European Commission has fined eight manufacturers and two distributors of retail food packaging trays a total of €115 865 000 for having participated in at least one of five separate (...)