Judicial review

Anticompetitive practices

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

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

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

The EU Court of Justice dismisses the appeals of several manufacturers of medicines and upholds the Commission’s decision regarding a pay-for-delay infringement (Lundbeck)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
On 25 March 2021, the Court of Justice of the EU (“CJEU”) dismissed the appeals by Lundbeck and five producers of generic medicines against the General Court’s (GC) judgments that upheld the Commission’s decision and the fines it had imposed in its first pay-for-delay infringement decision in 2013. (...)

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

The EU Court of Justice dismisses the appeals of several manufacturers of medicines against the General Court’s judgment upholding the Commission’s pay-for-delay infringement decision (Lundbeck)
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
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Covington & Burling (Brussels)
On 25 March 2021, the Court of Justice of the European Union (“CJEU”) dismissed the appeals by Lundbeck, Merck KGaA (and Generics UK), Arrow, Alpharma (and Xellia) and Ranbaxy, against the General Court’s (“GC”) judgment upholding the European Commission’s (“Commission”) 2013 pay-for-delay (...)

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

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

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

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

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

The French Supreme Court rules that an undertaking continues to be involved in a cartel if it keeps receiving invitations to participate without clearly distancing itself and makes other participants interpret that it shares their objectives (Goodmills Deutschland / Grands moulins de Paris)
Van Bael & Bellis (Brussels)
On 10 February 2021, the French Supreme Court (Cour de cassation) ruled that an undertaking continues to be involved in a cartel if it keeps receiving invitations to participate without clearly distancing itself and when other participants interpret that this undertaking shares their (...)

The Czech Competition Authority upholds the decision on a prohibited agreement in the rail freight transport sector (AWT / Interfracht / Argo Logistics / Spedica)
Czech Competition Authority (Brno)
THE CHAIRMAN OF THE OFFICE UPHELD THE DECISION IN CARPATHIA CARTEL CASE, ONE OF THE FINES SUBJECT TO REASSESSMENT* The Chairman of the Office, Petr Mlsna, upheld the decision on a prohibited agreement in the field of rail freight transport, the so-called Carpathia Cartel. The Chairman of the (...)

The EU Court of Justice confirms that a parent company is jointly liable for the conduct of a former subsidiary involved in a cartel in the high-voltage power cable sector (Goldman Sachs)
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (London)
The European Court of Justice (the "ECJ") has confirmed the EU General Court’s (and the European Commission’s) finding that Goldman Sachs was jointly liable for the conduct of a former subsidiary, Prysmian, which the Commission fined for its involvement in the high voltage power cables cartel (...)

The EU Court of Justice confirms the liability of a parent company for the conduct of its subsidiaries involved in a cartel (Goldman Sachs)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
On 27 January 2021, the Court of Justice of the EU (CJEU) dismissed in its entirety an appeal brought by the Goldman Sachs Group (Goldman Sachs) against a General Court ruling which confirmed Goldman Sachs’ joint and several liability in the 2014 power cables cartel (judgment here). The CJEU (...)

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

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

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

The EU General Court registers a complaint by a major digital platform against the Commission for allowing a parallel investigation by the Italian Competition Authority to continue while there is already an ongoing European Economic Area investigation (Amazon)
Bird & Bird (Brussels)
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Bird & Bird (Madrid)
1. The revolution of digital platforms Digital platforms have burst onto the market in recent years. There is no doubt that their ability to offer a large variety of products and services, the ease of use by retailers and consumers, and the reduction of investment and search costs involved, (...)

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

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

The EU Court of Justice clarifies the application of optional exclusion grounds and the right to self-cleaning (RTS Infra / Aannemingsbedrijf Norré-Behaegel)
Van Bael & Bellis (Brussels)
On 14 January 2021, the Court of Justice of the European Union (CJEU) held that tenderers who find themselves in one of the optional grounds for exclusion referred to in Article 57(4) of Directive 2014/24/EU of 26 February 2014 on public procurement (the Directive) are only obliged to (...)

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

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

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

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

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

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

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

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

The UK Competition Appeal Tribunal rejects concrete producer procedure-based appeal against concrete pipe cartel fine (FPM)
Van Bael & Bellis (Brussels)
On 22 December 2020, the UK’s Competition Appeal Tribunal (“CAT”) rejected concrete producer FP McCann’s appeal of a decision by the Competition and Markets Authority (“CMA”) fining it for its participation in a cartel in the supply of pre-cast concrete drainage products. FP McCann appealed the CMA’s (...)

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

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

The EU General Court rules that sports associations cannot stop athletes from competing in third-party events (International Skating Union)
Hogan Lovells (Brussels)
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Hogan Lovells (Brussels)
On 16 December 2020, the General Court largely confirmed the European Commission’s Decision according to which the International Skating Union’s (the “ISU”) rules on eligibility are contrary to EU competition law. However, it partially annulled the Commission’s Decision on the ground that it failed (...)

The EU General Court delivers ruling on the application of competition law to sports authorization rules and upholds the role of the Court of Arbitration for Sport (International Skating Union)
White & Case (Brussels)
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White & Case (Dusseldorf)
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White & Case (Geneva)
The General Court of the European Union (the "General Court") has confirmed this week that the eligibility rules of the International Skating Union ("ISU"), which penalized athletes participating in competitions not authorized by the ISU, infringe EU competition law. While the EU General Court (...)

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

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

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

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

The EU Court of Justice annuls the Commission decision that made commitments legally binding for companies in the pay-TV services sector (Paramount / Sky / Groupe Canal +)
Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
Canal+ (C-132/19 P): The Court of Justice Annuls Commitment Decision – The Importance of Third Party Contractual Rights* Today, the Court of Justice annulled the Commission decision that made commitments legally binding for Paramount. This decision is the first annulment of a commitment (...)

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

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

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

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

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

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

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

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

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

The Italian Administrative Court annuls fines imposed by the Competition Authority for an alleged automotive financial services cartel (Banca / Banque PSA / Santander Consumer Bank / BMW Bank...)
Van Bael & Bellis (Brussels)
On 24 November 2020, the Italian Regional Administrative Court for Lazio (“IRAC”) annulled a decision issued by the Italian Competition Authority (“ICA”) in the automotive financial services cartel case in which a total fine of € 678 million was imposed (“Decision”). On 20 December 2019, the ICA had (...)

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

The Slovakian Competition Authority publishes its annual report for 2019
Bird & Bird (Bratislava)
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Bird & Bird (Bratislava)
The Antimonopoly Office of the Slovak Republic (hereinafter referred to as the "Office") has published its annual report on its website, in which it has evaluated and summarized its activities in the past year. In 2019, the Office imposed fines of over EUR 3.3 million, approximately one third (...)

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

The Italian Administrative Court of First Instance annuls the Competition Authority decision sanctioning a cartel of car manufacturers because of a breach of the parties’ right to a reasonable duration of the proceedings and for failing to characterize the ’by object’ restriction (Car Finance)
Ashurst (Milan)
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Ashurst (Brussels)
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Ashurst (Brussels)
On 21 October 2020 the Italian Administrative Court of First Instance ("TAR Lazio") annulled the decision issued by the Italian Competition Authority ("ICA") on 20 December 2018 sanctioning a number of car manufacturers and their "captive banks" in relation to an alleged cartel concerning car (...)

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

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

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

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

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

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

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

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

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

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

The Regional Court of Dortmund estimates a cartel overcharge of at least 15% in the rail sector without involving any court-appointed economic experts
Hogan Lovells (Munich/Frankfurt)
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Hogan Lovells (Munich/Frankfurt)
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Hogan Lovells (Dusseldorf)
1. Introduction Determining the overcharge and, with that, the amount of cartel damages potentially suffered, is considered one of the most difficult aspects of cartel damages litigation in practice. The District Court of Dortmund (the “District Court”), known for its bold and innovative case (...)

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

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

The Dutch District Court of Noord-Nederland holds personally liable a former director of the North Sea shrimps cartel (Gerard Willem Breuker)
Bird & Bird (Amsterdam)
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Bird & Bird (The Hague)
Introduction On 23 September 2020 a former director of one of the North Sea shrimps cartelists was held personally liable for damage of over € 13 million by the Dutch District Court of Noord-Nederland (“Court”). According to the Court, the director’s personal involvement in the cartel qualified as (...)

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

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

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

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

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

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

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

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

The Dutch Trade and Industry Appeals Tribunal lowers with 99% a fine imposed for cartel by the Competition Authority due to the COVID-19 pandemic Free
Bird & Bird (The Hague)
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Bird & Bird (Amsterdam)
The Dutch Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven, “CBb”) reduced a fine imposed by the Dutch Authority for Consumers & Markets (“ACM”) on an unidentified undertaking with 99%, from €1 million to €10.000,-. The ACM asked the court to lower the fine, after (...)

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

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

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

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

The EU Court of Justice upholds the Commission’s right to continue inspection at Brussels premises in Power Cables cartel case (Nexans)
Van Bael & Bellis (Brussels)
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Zepos & Yannopoulos (Athens)
On 16 July 2020, the Court of Justice of the European Union (the “ECJ”) delivered a judgment dismissing the appeal by Nexans France and its parent company Nexans (together “Nexans”) against the judgment of the General Court of the European Union (the “GC”) in the Power Cables cartel case. By way of (...)

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

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

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

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

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

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

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

The UK Supreme Court dismisses the two largest payment processing networks arguments on the basis that their multilateral interchange fees restricted competition but upholds grounds of appeal concerning the application of the “passing on” defence (Sainsbury’s / Visa / MasterCard)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
On 17 June 2020, the Supreme Court handed down a much anticipated judgment concerning the default multilateral interchange fees (MIFs) set by Mastercard and Visa (together, the Appellants). The case considered appeals relating to three separate damages actions brought by retailers against the (...)

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

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

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

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

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

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

The Slovakian Council of the Antimonopoly Office imposes fines totalling €6,7 million for a cartel agreement between dealers of motor vehicles (Volkswagen)
Bird & Bird (Bratislava)
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Bird & Bird (Prague)
On 15 May 2020 the Council of the Antimonopoly Office of the Slovak Republic ("CAOS") changed the first-instance decision of the Antimonopoly Office of the Slovak Republic ("AOS") dated 3 February 2020 and imposed fines totalling of EUR 6,7 million for a cartel agreements between dealers of (...)

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

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

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

The Hong Kong Competition Authority welcomes the Competition Tribunal’s first judgment on its decision regarding pecuniary penalties taken against ten construction and engineering undertakings engaged in a cartel
Hong Kong Competition Commission
Competition Commission welcomes first judgment on pecuniary penalties in Hong Kong competition law regime* The Competition Commission (Commission) welcomes the judgment (Judgment) handed down by the Competition Tribunal (Tribunal) today (29 April) on pecuniary penalties against ten respondent (...)

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

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

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

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

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

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

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

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

The EU Court of Justice finds, following a preliminary reference, that certain interchange fees imposed by a bank payable on cross-border card transaction within the EEA are anticompetitive (Budapest Bank)
Hausfeld (London)
On 2 April, the European Court of Justice (“CJEU”) issued a judgment arising from a preliminary reference from the Hungarian Supreme Court concerning a 2009 decision by the Hungarian Competition Authority against Visa Europe Ltd (“Visa”), MasterCard Europe SA (“MasterCard”) and a number of (...)

The Ankara Administrative Court reassesses the Competition Authority’s decision on price squeezing allegations in the telecommunications sector (Türk Telekom / TTNET)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Background In 2012, the Board launched a full-fledged investigation against Türk Telekom and TTNET upon the complaints of certain Internet service providers (“ISP”), alleging that Türk Telekom and TTNET had abused their dominant positions in the wholesale and retail markets for fixed broadband (...)

The Spanish Supreme Court rules that ride-hailing services do not restrict competition and the restrictions imposed on them are unjustified and disproportionate (VTCs)
Ecija & Asociados (Madrid)
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Bird & Bird (Madrid)
The ongoing conflict between ride-hailing services (known in Spain as "VTCs"), such as Uber, and the taxi sector has led to a new ruling from the Spanish Supreme Court that confirms the view of the Spanish Competition Authority (the "CNMC") that the restrictions imposed on the VTCs are (...)

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

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

The EU Court of Justice clarifies for the first time when patent settlement agreements that restrict a generic pharmaceutical company’s ability to enter the market infringe the EU antitrust rules (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Baker Botts (Brussels)
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Baker Botts (Brussels)
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Baker Botts (Brussels)
In a major judgment handed down on 30 January 2020 in Generics (UK) and Others, the EU Court of Justice (the Court) – the EU’s highest court – clarified for the first time the analytical framework for assessing when patent settlement agreements that restrict a generic pharmaceutical company’s (...)

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

The Czech Supreme Administrative Court clarifies rules for counting the expiry of limitation periods in case of continuous infringements in the telecommunications sector (T-Mobile / Vodafone)
Skils (Prague)
On 30 January 2020, the Supreme Administrative Court (SAC) granted a cassation appeal lodged by the Czech Office for Protection of Competition (Office) against the previous judgment of the Regional Court in Brno of 14 February 2018 (Ref.No. 62 Af 23/2016) relating to the proceedings conducted (...)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The EU General Court reaffirms the Commission’s duty to provide sufficient reasons when explaining fine calculations in cartel cases (HSBC)
Shearman & Sterling (Brussels)
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Shearman & Sterling (London)
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Shearman & Sterling (London)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 24 September 2019, the EU General Court (GC) handed down its judgment in HSBC v. Commission. Consistent with recent precedent, the GC reaffirmed the European (...)

The EU General Court annuls a decision due to the Commission’s failure to sufficiently explain the methodology relied upon in calculating the fine (HSBC)
Van Bael & Bellis (Brussels)
Euro interest rate derivatives cartel case On 24 September 2019, the General Court issued a judgment on an appeal lodged by HSBC against the European Commission’s (the “Commission”) decision fining HSBC € 33.6 million for its involvement in the Euro Interest Rate Derivatives cartel case (Case (...)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The UK Court of Appeal upholds the UK Competition Authority’s fining and confirms that a single exchange of pricing information is sufficient for a "by object" infringement (Balmoral Tanks)
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 Supreme Administrative Court of Czech Republic annuls fines imposed on members of a construction cartel as the evidence was obtained through fishing expeditions (Daich / Hochtief Cz / Swietelsky / Ave Cz / Vidox / Colas Cz / Ohl Žs / Lesostavby Třeboň)
Skils (Prague)
On 30 January 2019, the Supreme Administrative Court (SAC) rejected the cassation appeal lodged by the Office for Protection of Competition (Office) against the previous Regional Court in Brno (RCB) judgment which cancelled Office’s decision fining construction companies for alleged cartel (...)

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

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

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

The Ankara 7th Administrative Court annuls the Turkish Competition Authority’s dismissal decision regarding the restriction of parallel imports allegations faced by a company in the market of energy systems (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 Czech Regional Court validates the legality of two dawn raids conducted by the Competition Authority that led to the discovery of cartels (AV MEDIA)
Skils (Prague)
Regional Court in Brno (RCB) dealt with two claims by AV MEDIA, a.s. challenging dawn raids conducted by the Czech Office for Protection of Competition (Office) at its premises in March and April 2018. The RCB found both dawn raids lawful and rejected both claims. Summary of Proceedings This (...)

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

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

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

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

The EU Court of Justice partly upholds the judgement of the EU General Court in a cartel case but sends it back to reexamine the calculation of the fine (Infineon Technologies)
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 Technologies)
McDermott Will & Emery (Paris)
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Norton Rose Fulbright (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 changes its preliminary view on the inspection of a Slovak rail company and closes the infringement proceedings (ZSSK)
Havel, Holasek (Brno)
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Havel, Holasek (Bratislava)
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Havel, Holasek (Prague)
European Commission changed its preliminary view on the inspection in Slovak rail company ZSSK and closed the infringement proceedings* On 25 September 2018, the European Commission (“ Commission ”) published a press release that it sent a statement of objections to Slovak rail company ZSSK for (...)

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

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

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

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

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

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

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

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

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

The German Federal Court clarifies controversial judgments around the statute of limitations for cartel damages claims (Grauzementkartell II)
Hogan Lovells (Munich/Frankfurt)
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Hogan Lovells (Munich/Frankfurt)
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 Czech Constitutional Court clarifies rules for challenging dawn raids (Eurovia)
Skils (Prague)
On 15 May 2018, the Constitutional Court (CC) declared that the Supreme Administrative Court (SAC) by its judgment of 21 November 2017 (Ref.No. 7 As 155/2015) violated Eurovia CS’s constitutional rights on protection of privacy and on fair trial and annulled that SAC’s judgment. The matter (...)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The EU General Court upholds a €131 million fine imposed by the Commission on two undertakings for participating in a cartel in the gas insulated switchgear market (GIS cartel)
United Kingdom’s Competition Authority - CMA (London)
THE GENERAL COURT OF THE EU UPHOLDS CARTEL FINES OF €131M IMPOSED ON TOSHIBA AND MITSUBISHI ELECTRIC, DISMISSES ARGUMENTS BASED ON PRINCIPLE OF EQUAL TREATMENT* By two judgments of January 19, 2016 (Case T-404/12 Toshiba v. Commission and Case T-409/12 Mitsubishi Electric v. Commission), the (...)

The Indian Competition Appellate Tribunal cancels a fine for anticompetitive conduct against a pharmaceutical association due to infringement of the principles of natural justice during an investigation by the Competition Authority (Rohit Medical Store / HPCDA Himachal Pradesh Chemist & Druggist Alliance)
Vaish Associates Advocates (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 Frankfurt Higher Regional Court rules on restrictions imposed on the use of online platforms and price comparison websites in a selective distribution system (Deuter)
Van Bael & Bellis (Brussels)
On 22 December 2015, the Higher Regional Court of Frankfurt (the “Court”) issued a ruling on appeal concerning the selective distribution system of Deuter, a producer of quality backpacks. The Court assessed two restrictions imposed by Deuter on the resellers belonging to its selective (...)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Arbitration Court confirms the decision of the Russian Competition Authority on a bid-rigging case (Global Stroi)
Russian Federal Antimonopoly Service (Moscow)
Court confirmed legitimacy of FAS decision on a bid-rigging case against the “Central Military Commandant’s Office of the Interior Ministry Troops”* On 21 May 2015 Moscow Arbitration Court dismissed the claim of “SK Vozrozhdenie” Ltd. to invalidate the decision of the Federal Antimonopoly Service (...)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Moscow Arbitration Court confirms that a regional government and an undertaking have concluded an anticompetitive agreement (RNITs SK)
Russian Federal Antimonopoly Service (Moscow)
Violations on the market of informational-and-navigation services in the Stavropol region will cost “RNITs SK” OJSC nearly 3 million RUB* On 28th November 2014, Moscow Arbitration Court dismissed the claim of the Government of the Stavropol Region and “RNITs SK” OJSC to abolish FAS decision and (...)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Moscow Arbitration confirms the bid-rigging decision pronounced by the Russian Competition Authority concerning a contract for supplying high-endurance ship metal-roll (BZS)
Russian Federal Antimonopoly Service (Moscow)
Arbitration Court took into account an additional criterion* On 15th September 2014, the 9th Arbitration Appeal Court upheld the judgment of Moscow Arbitration Court on legitimacy of FAS decision on the case of violating the antimonopoly law by “Baltiisky Works – Ship-Building” (“BZS” Ltd.). On (...)

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

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

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