Leniency

Anticompetitive practices

The German Competition Authority publishes new guidelines on its leniency program and the setting of fines
German Competition Authority (Bonn)
Bundeskartellamt publishes new guidelines on its leniency programme and the setting of fines* The Bundeskartellamt has published new guidelines on its leniency program and on the setting of fines in cartel proceedings. Andreas Mundt, President of the Bundeskartellamt: “Key witnesses still play (...)

The German Competition Authority publishes new guidelines on its leniency program and the setting of fines in cartel proceedings New
Herbert Smith Freehills (Dusseldorf)
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Herbert Smith Freehills (Dusseldorf)
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Herbert Smith Freehills (Brussels)
The German Federal Cartel Office (FCO) has published new guidelines on its leniency programme and on the setting of fines in cartel proceedings. Unfortunately, both guidelines are so far available only in German. The previous guidelines date from 2006 and 2013 respectively. The FCO has now (...)

The Brazilian Competition Authority convicts members of a cartel in procurements for PVC pipes and fittings (BR Plásticos Indústria / BRP Indústria Plástica / Nicoll Indústria Plástica Tigre / Amanco)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE convicts a cartel in procurements for PVC pipes and fittings* In the hearing of this Wednesday (30 June), the Administrative Council for Economic Defense convicted five firms and six individuals for a cartel in public procurements for PVC pipes and fittings. Such procurements were aimed (...)

The Finnish Competition Authority announces updates to the national competition act based on the ECN+ Directive will soon enter into force, including changes to monitoring competition restraints and sanctions imposed for infringements
Finnish Competition and Consumer Authority (Helsinki)
Changes to monitoring competition restraints and sanctions imposed for infringements – amendments to the Competition Act will enter into force on 24 June 2021* Amendments that apply to the assessment of the penalty payments imposed for infringements have been made to the Competition Act. At the (...)

The Ukrainian Parliament adopts the Tax Amnesty Law which includes amnesty for competition law violations
Redcliffe Partners (Kyiv)
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Redcliffe Partners (Kyiv)
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Redcliffe Partners (Kyiv)
AMNESTY FOR VIOLATIONS OF THE COMPETITION LAW* On 21 July 2021, the Law of Ukraine on Amendments to the Tax Code of Ukraine and Other Laws of Ukraine on Encouraging the De-shadowing of Income and Improving Tax Culture of Citizens by Introducing a One-time (Special) Voluntary Declaration of (...)

The French President enacts an ordinance finalizing the transposition into French law of the ECN+ Directive which aims to strengthen the powers of national competition authorities and increase their effectiveness
Bird & Bird (Paris)
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Bird & Bird (Paris)
On 26 May this year, a presidential ordinance (the Ordinance) perfected the transposition into French law of the ECN+ European Directive of 11 December 2018, which aims to strengthen the powers of national competition authorities and increase their effectiveness. Several provisions of the (...)

The EU Commission fines seven investment banks for operating a cartel in the primary and secondary markets for European government bonds (Bank of America / Natixis / RBS / UBS / UniCredit / WestLB)
Van Bael & Bellis (Brussels)
On 20 May 2021, the European Commission adopted a decision imposing fines on a series of investment banks relating to the trading of European Government Bonds (“EGB”). EGB In its decision, adopted on 20 May 2021, the Commission found seven investment banks, Bank of America, Natixis, Nomura, RBS (...)

The EU Commission imposes a fine of €371 million on banks implicated in supra-sovereign, sovereign and agency bond trading cartel (Bank of America / Natixis / RBS / UBS / UniCredit / WestLB)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
In April and May 2021 the European Commission ("EC") announced the imposition of fines totalling almost €400 million on banks implicated in two separate cartels relating to bond trading. In a separate development, the EC took unprecedented action to exclude a number of international banks from (...)

The EU Commission fines several investment banks €371 million for participating in a European government bond trading cartel (Bank of America / Natixis / RBS / UBS / UniCredit / WestLB)
DG COMP (Brussels)
Antitrust: Commission fines investment banks € 371 million for participating in a European Governments Bonds trading cartel* The European Commission has found that Bank of America, Natixis, Nomura, RBS (now NatWest), UBS, UniCredit and WestLB (now Portigon) have breached EU antitrust rules (...)

The Czech Competition Authority fines two national infrastructure companies CZK 34 million for public procurement cartel (SPIE Elektrovod / ASE)
Czech Competition Authority (Brno)
SPIE ELEKTROVOD and ASE were fined almost CZK 34 million for public procurement cartel* In its first instance decision, the Office for the Protection of Competition imposed fines in the total amount of CZK 33,917,000 on SPIE Elektrovod, a.s. and ASE, s.r.o. for a cartel agreement concerning (...)

The Polish Competition Authority fines an online office equipment retailer for resale price maintenance (Fellowes)
Polish Competition Authority (Warsaw)
Collusion on office equipment market - decision of the President of UOKiK* Collusion on office equipment market - decision of the President of UOKiK Fellowes Poland for many years imposed minimum prices on distributors for resale of office equipment on the Internet. Tomasz Chróstny, President of (...)

The Spanish Parliament amends the Competition Act to implement the ECN+ Directive
Jones Day (Madrid)
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Jones Day (Madrid)
In Short Background: European Parliament and Council Directive (EU) 2019/1 ("ECN+") required EU Member States to adopt, by February 4, 2021, minimum standards related to national competition authority ("NCA") antitrust enforcement. ECN+ aims to promote cooperation among NCAs and the European (...)

The EU Commission imposes total fines of €28 million on three investment banks for their involvement in a cartel in the EEA secondary trading market for SSA bonds denominated in US Dollars (Bank of America Merrill Lynch / Crédit Agricole / Crédit Suisse)
Van Bael & Bellis (Brussels)
On 28 April, the European Commission adopted a decision imposing fines on a series of investment banks relating to the trading of Supra-sovereign, Sovereign and Agency (“SSA”) bonds. SSA Bonds In the first decision, adopted on 28 April 2021, the Commission imposed total fines of € 28 million on (...)

The EU Commission imposes a fine of €28.5 million on banks implicated in European government bond trading cartel (Bank of America Merrill Lynch / Crédit Agricole / Crédit Suisse)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
In April and May 2021 the European Commission ("EC") announced the imposition of fines totalling almost €400 million on banks implicated in two separate cartels relating to bond trading. In a separate development, the EC took unprecedented action to exclude a number of international banks from (...)

The Spanish Parliament transposes the ECN+ Directive into Spanish law
Bird & Bird (Madrid)
On 29 April 2021, the Spanish Royal Decree-Law 7/2021 entered into force, modifying the Spanish Competition Act (“LDC”) due to the transposition of the Directive 2019/1 – known as the “ECN+ Directive” – which aims to achieve a more effective application of competition rules by the National (...)

The Spanish Government publishes a decree which greatly amends national competition law as a result of the transposition of the ECN+ Directive
Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
On 28 April 2021, Royal Decree-Law 7/2021, of 27 April, was published in Spain’s Official State Journal (RD 7/2021). RD 7/2021 has the aim of transposing into Spanish legislation a number of EU directives, including Directive (EU) 2019/1 of the European Parliament and of the Council of 11 (...)

The French Competition Authority fines three sandwich manufacturers for creating a cartel (Roland Monterrat / La Toque Angevine / Daunat)
Bird & Bird (Paris)
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Bird & Bird (Paris)
The French Competition Authority (“FCA”) recently fined the three main French manufacturers of sandwiches for mass retail distribution for having implemented a volume and customer allocation plan over a six-year period and agreed on the price level to be offered to their customers (€24.5 million (...)

The French Competition Authority fines the three main manufacturers of industrial sandwiches sold under the retailer’s brand label for an anticompetitive agreement (Roland Monterrat / La Toque Angevine / Daunat)
Autorité de la concurrence (Paris)
The Autorité de la concurrence fines the three main French manufacturers of industrial sandwiches sold under retailer’s own brand label for anticompetitive agreement* Background The Autorité de la concurrence fines Roland Monterrat, La Toque Angevine (hereinafter "LTA") and Snacking Services (...)

The French Competition Authority fines the three main national manufacturers of industrial sandwiches sold under a private label for having defined a common strategy when responding to calls for a tender launched by large and medium-sized retailers (Roland Monterrat / La Toque Angevine / Daunat)
Herbert Smith Freehills (Paris)
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Herbert Smith Freehills (Paris)
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Herbert Smith Freehills (Brussels)
On 24 March 2021, the FCA fined the three main French manufacturers of industrial sandwiches sold under private label for having defined a common strategy when responding to calls for tender launched by large and medium-sized retailers. The FCA launched dawn raids at the premises of the (...)

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

The Swedish Competition Authority gains new powers and introduces changes after the transposition of the ECN+ directive
Versailles Saint-Quentin-en-Yvelines University
March 2021 marks a new era for the Swedish Competition Authority (SCA - Konkurrensverket). Major amendments to competition legislation in the country have entered into force on March 1st, introducing changes that result in increased powers for the SCA. These new amendments come as fresh air, (...)

The Polish Competition Authority fines two animal feed manufacturers for collusion (Polmass / Agro-Netzwerk Polska)
Polish Competition Authority (Warsaw)
Collusion between animal feed manufacturers - decision of the President of UOKiK* President of UOKiK Tomasz Chróstny proclaimed market allocation by animal feed producers - collusion limited the freedom of product choice for farmers and sellers of milk replacers. Polmass company was charged (...)

The German Competition Authority imposes fines to three steel forging companies for exchanging information (Bharat Forge Global / Musashi Bockenau / Bad Sobernheim)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines on steel forging companies* The Bundeskartellamt has imposed fines totalling approx. 35 million euros on three steel forging companies and two senior staff members for their involvement in an anti-competitive exchange of information. The companies concerned are (...)

The Czech Competition Authority fines a national transport company for participating in a cartel revealed by the leniency programme (Sudop / VUZ)
Czech Competition Authority (Brno)
Railway design cartel revealed thanks to leniency programme, the office imposed fine on sudop praha* By its first-instance decision, the Office for the Protection of Competition punished bid rigging agreement on projecting high-speed rails concluded by SUDOP PRAHA a. s. (hereinafter referred (...)

The Czech Competition Authority sanctions a bid-rigging agreement on projecting high-speed rails (Sudop / VUZ)
Bird & Bird (Prague)
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Bird & Bird (Prague)
Leniency programmes and settlement procedures are commonly used by the Czech Office for the Protection of Competition (“Office”). The leniency programme was used as a “soft law” by the Office since 2001 to promote discovery of unlawful horizontal agreements. As for the settlement procedure, it (...)

The Romanian Competition Authority fines national association and 16 financial companies EUR 8.47 million for exchanging information (Association of Romanian Financial Companies)
Romanian Competition Council (Bucharest)
The Competition Council has fined the Romanian Association of Financial Companies and 16 financial companies euro 8.47 million* The Competition Council has fined the Association of Romanian Financial Companies (hereinafter ALB) and 16 member companies lei 41,251,774 (approx. Euro 8.47 million) (...)

The German Parliament enters into force antitrust rules under the 10th amendment to the act against restraints of competition introducing several significant changes
McDermott Will & Emery (Dusseldorf)
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McDermott Will & Emery (Dusseldorf)
New German Antitrust Rules: A Positive Move for Compliance Programs* What has changed? On January 19, 2021, new German antitrust rules entered into force under the 10th amendment Act to the Act against Restraints of Competition (ARC) and introduced a number of significant changes. The Act, (...)

The Polish Competition Authority fines several fitness chains for collusion (Benefit Systems / Bartosz Gibała / Platinium Wellness)
Polish Competition Authority (Warsaw)
Collusion on the fitness market - decision by the President of UOKiK* Tomasz Chróstny, the President of UOKiK, has imposed over PLN 32 million in financial penalties on the largest fitness chains, including Benefit Systems (operator of MultiSport cards) for a competition-restricting collusion (...)

The UK Competition Authority fines suppliers of groundworks products to the construction industry for coordinating their commercial activities (Vp plc / M.G.F.)
Ashurst (London)
On 17 December 2020, the CMA issued a decision finding that three UK-based suppliers of groundworks products to the UK construction industry had illegally colluded in order to reduce competition and maintain or increase prices, in breach of Chapter 1 of the Competition Act 1998 and Article 101 (...)

The UK Competition Authority fines two groundworks suppliers for cartel activity (Vp plc / M.G.F.)
Government Legal Department (London)
On 17 December 2020, the UK’s Competition and Markets Authority (“CMA”) issued an infringement decision fining two companies which supply groundworks products Vp plc and M.G.F. (Trench Construction Systems) Ltd more than £ 11.2 million and £ 3.7 million, respectively, for illegal collusion. In its (...)

The Turkish Competition Authority fines auto expertise services providers for price fixing and supply cartel (Auto / Çözüm / Dyno Max...)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
On 17 December 2020, the Turkish Competition Authority (“TCA”) announced, on its website, the reasoned decision as a result of its investigation against certain auto expertise services providers in a province of Turkey (i.e. Gaziantep), unveiling a price fixing and supply cartel among the (...)

The UK Competition Authority fines construction suppliers £15M for collusion (Vp plc / M.G.F.)
United Kingdom’s Competition Authority - CMA (London)
Construction suppliers fined £15m for breaking competition law* The CMA has fined 2 major suppliers to the construction industry more than £15m for illegally colluding to reduce competition and keep prices up Following an investigation by the Competition and Markets Authority (CMA), 2 UK-based (...)

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 Slovak Competition Authority fines three undertakings for a cartel agreement in the area of supplies of machines and mechanical and technological equipment
Slovak Competition Authority (Bratislava)
AMO SR decided to impose fines on three undertakings for a cartel agreement in the area of supplies of machines and mechanical and technological equipment* On 18 November 2020 the Antimonopoly Office of the Slovak Republic, the Division of Cartels, (hereafter "the Office") issued a decision, (...)

The Luxembourg Competition Authority imposes its highest ever fine for retail price maintenance practices (Bahlsen / Auchan / Cactus / Delhaize)
Arendt & Medernach (Luxembourg)
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Arendt & Medernach (Luxembourg)
I. Introduction On 18 November 2020, at the end of an eventful 2020, the Luxembourg Competition Council announced the adoption of “the most important decision that the authority has ever taken, in terms of content and the amount of the penalty”. Indeed, the imposition of an aggregate fine of (...)

The Luxembourg Competition Authority fines food company and 3 supermarkets €3.3 million for resale price maintenance (Bahlsen / Auchan / Cactus / Delhaize)
Luxembourg Competition Council (Liège)
The Luxembourg Competition Council fines Bahlsen and the supermarkets Auchan, Cactus and Delhaize of €3.3 million* In three decisions dated 18 November 2020, the Competition Council fines Bahlsen and the supermarkets Auchan, Cactus and Delhaize of €3.3 million for resale price maintenance of (...)

The Polish Competition Authority fines a music manufacturer for setting minimum online resale prices (Yamaha Music Europe)
Van Bael & Bellis (Brussels)
According to a press release of 5 November 2020, the Polish Office of Competition and Consumer Protection (the “UOKIK”) imposed a fine of PLN 511,806.92 (approximately € 114,000) on musical equipment manufacturer Yamaha for setting minimum prices at which its products could be sold by distributors (...)

The UK Competition Authority fines two suppliers of rolled lead for entering into anticompetitive arrangements (Associated Lead Mills / BLM British Lead)
Government Legal Department (London)
On 4 November 2020, the UK’s Competition and Markets Authority (“CMA”) imposed fines totalling £9.5 million on two of the UK’s largest rolled lead suppliers for their role in a roofing lead cartel. The CMA fined Associated Lead Mills Ltd and H.J. Enthoven Ltd (trading as BLM British Lead) £1.5 (...)

The UK Competition Authority issues fines of over £9 million for roofing lead cartel (Associated Lead Mills / BLM British Lead)
United Kingdom’s Competition Authority - CMA (London)
CMA issues fines of over £9m for roofing lead cartel* The CMA has imposed fines totalling more than £9m on 2 of the UK’s largest suppliers of rolled lead, for breaking competition law. Following an investigation into suspected cartel conduct, the Competition and Markets Authority (CMA) found (...)

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

The Lithuanian Competition Authority enters into force its competition act with updates to fining powers and guarantees of independence
Lithuanian Competition Authority (Vilnius)
Lithuanian Competition Law Amendments: From Fining Powers to Guarantees of Independence* On November 1 amendments to the Law on Competition of the Republic of Lithuania enter into force. These amendments are in line with the ECN+ Directive intended to empower the competition authorities of (...)

The US DoJ applauds the US President’s authorization of The Antitrust Criminal Penalty Enhancement And Reform Permanent Extension Act
US Department of Justice (Washington)
Department Of Justice Applauds President Trump’s Authorization Of The Antitrust Criminal Penalty Enhancement And Reform Permanent Extension Act* On October 1, President Donald J. Trump signed into law a continuing resolution that contains the Antitrust Criminal Penalty Enhancement and Reform (...)

The Romanian Competition Authority sanctions 5 companies with €468,000 for rigging the bids on rehabilitation of the streets in Pitesti (Construct Steel Market / Construcții Drumuri și Lucrări de Artă / Comesad Drumuri / General Trust Argeș / Selca)
Romanian Competition Council (Bucharest)
The Competition Council Sanctioned Five Companies With Lei 2.23 Million for Riging the Bid* The Competition Council sanctioned with fines amounting 2,237,094 lei (approx. 468,000 euro) five companies for rigging the bids on rehabilitation of the streets in Pitesti, as follows: Construct Steel (...)

The Romanian Competition Authority fines five companies € 468,000 for participating in a bid rigging cartel in public tender for street refurbishment (Construct Steel Market / Construcții Drumuri și Lucrări de Artă / Comesad Drumuri / General Trust Argeș / Selca)
Van Bael & Bellis (Brussels)
On 24 September 2020, the Romanian Competition Council (“RCC”) imposed fines totalling € 468,000 on five companies for engaging in bid-rigging in relation to public tenders concerning the refurbishment of certain streets in the Romanian city of Pitesti. The investigation started in 2018 following (...)

The EU Commission fines car parts suppliers €18 million in cartel settlement in the market for closure systems for cars (Brose / Kiekert / Magna)
DG COMP (Brussels)
Antitrust: Commission fines car parts suppliers of € 18 million in cartel settlement* The European Commission has fined Brose and Kiekert a total of € 18 million for taking part in two cartels concerning supplies of closure systems for cars in the European Economic Area (EEA). Magna was not (...)

The Austrian Cartel Court finds a musical instruments maker to have engaged in resale price maintenance (Roland Germany)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
According to a press release issued by the Austrian Federal Competition Authority (“FCA”), the Austrian Cartel Court ruled on 24 September 2020 that musical instruments maker Roland Germany GmbH (“Roland Germany”) had violated the competition rules by entering into agreements fixing minimum resale (...)

The Austrian Cartel Court finds musical instrument manufacturer guilty of price fixing (Roland Germany)
Austrian Competition Authority (Vienna)
Cartel Court finds Roland Germany GmbH guilty of price fixing* The company cooperated with the AFCA within the leniency programme On 24 September 2020 the Cartel Court, acting on the Austrian Federal Competition Authority’s (AFCA) application of 2 June 2020, found Roland Germany GmbH to have (...)

The Spanish Competition Authority fines 33 school transport companies and one association for creating a school transport cartel (School transport cartel / Asociación Navarra de Empresarios del Transporte por Carretera y Logística)
Spanish Competition Authority (Madrid)
The CNMC fines 33 school transport companies and one association for creating a school transport cartel in Navarre* The companies conspired to share the school transport by zones and deceive the School Board of the Government of Navarre, driving up the prices of the service for 8 years. The (...)

The Spanish Competition Authority fines 33 school transport companies and one association with €3.36 million for creating a school transport cartel (School transport cartel / Asociación Navarra de Empresarios del Transporte por Carretera y Logística)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 9 September 2020, the Spanish Competition Authority (“CNMC”) imposed fines totalling € 3.36 million on 33 school transport companies and fined one association € 15,000 for their involvement in a bid-rigging cartel in the school transport sector in the region of Navarre from 1 December 2013 until (...)

The Russian Competition Authority announces they prevented the creation of a cartel in the pharmaceutical market with an income of more than 120 million rubles (Danta / Company Organika)
Russian Federal Antimonopoly Service (Moscow)
Rostov OFAS prevented pharmaceutical cartel with an income of more than 120 million rub* Illegal income of Danta LLC and Company Organika LLC was obtained by colluding at 48 auctions for the supply of medicines Rostov OFAS found that auctions where Danta LLC and Company Organika LLC (...)

The Polish Competition Authority imposes penalties on producers of feed for breeding animals for engaging in market sharing and concluding restricting agreements (Polmass / Ekoplon)
Polish Competition Authority (Warsaw)
President of UOKiK has imposed penalties of more than PLN 17 million for market division scheme* Producers of feed for breeding animals – Polmass and Ekoplon – have concluded competition-restricting agreements. They shared two markets, thus limiting customers in their free selection of products. (...)

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 Spanish Ministry of Economy and Digital Transformation publishes a draft regulation modifying the Competition Act
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
Last 31 July 2020, the Ministry of Economic Affairs and Digital Transformation made public the draft regulation modifying Law 15/2007, of 3 July, on the Defense of Competition (Draft Regulation). The Draft Regulation, other than implementing the main features of the ECN+ Directive into Spanish (...)

The Indian Government allows the Tax Department to share information with the Competition Authority, which shows leniency to two companies involved in cartel cases in the transport sector due to COVID-19 (automotive bearing case) (railway locomotive case) Free
National University of Study and Research in Law (Ranchi)
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National University of Study and Research in Law (Ranchi)
CCI joins forces with the Indian Tax Department: A new dawn for the Indian Fair-trade regulator?* The outbreak of the Covid-19 pandemic has worsened the already struggling Indian economy and the sky-high growth in the cartel cases in the country comes as no surprise. However, given the current (...)

The UK Competition Authority consults on amending guidance on applications for leniency and no-action in cartel cases
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (Brussels)
The CMA’s Guidance on applications for leniency and no-action in cartel cases provides detailed guidance on the principles and process for leniency applications. On 30 July 2020, the CMA invited comments on a proposed addendum to clarify the way the CMA will exercise its discretion in relation (...)

The Polish Competition Authority publishes guidelines on sanctions for companies and their managers for implementing anticompetitive agreements
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
The Polish Competition and Consumer Protection Act foresees that sanctions for implementing anticompetitive agreements may be imposed on companies and their managers. In fact, managers who have intentionally permitted their company to engage in such practices can face a fine of up to PLN 2 (...)

The Hellenic Competition Authority fines two furniture companies for bid-rigging a public hospital’s tender but reduces their fines for cooperation in the case (Papanastasiou / Pichas)
Hellenic Competition Authority (Athens)
Decision on the ex-officio investigation in the furniture and professional equipment market (703/2020)* The Hellenic Competition Commission (HCC), in plenary, adopted a unanimous decision following the simplified Settlement Procedure according to article 25a of Law 3959/2011 and Decision no. (...)

The Egyptian Competition Authority publishes guidelines for obtaining amnesty or leniency from criminal prosecution for antitrust cartel violations
White & Case (Washington)
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White & Case (Washington)
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White & Case (Cairo)
The Egyptian Competition Authority recently published the first Egyptian guidelines on the process for obtaining amnesty or leniency from criminal prosecution for antitrust cartel violations, signaling the agency’s intent to activate this tool in future enforcement activities. The guidelines (...)

The French Competition Authority fines 12 manufacturers for cartel in the ham and cold meat sector (Charcuterie cartel)
French Competition Authority (Paris)
The Autorité hands out fines worth 93 million euros to a cartel in the ham and cold meats (charcuterie) sector* The manufactures involved (“cold meat manufacturers”) worked in concert in order to purchase cuts of ham from slaughterhouses at lower prices and/or were fixing the price increases for (...)

The EU Commission fines ethylene purchasers €260 million in cartel settlement for colluding to buy at the lowest possible price (Orbia / Clariant / Celanese / Westlake)
DG COMP (Brussels)
Antitrust: Commission fines ethylene purchasers € 260 million in cartel settlement* The European Commission has fined Orbia, Clariant and Celanese a total of € 260 million for breaching EU antitrust rules. Westlake was not fined as it revealed the cartel to the Commission. The companies took (...)

The EU Commission fines ethylene purchasers for having colluded and exchanged information on purchase prices (Orbia / Clariant / Celanese / Westlake)
Ashurst (Brussels)
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Ashurst (London)
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Ashurst (London)
Fines for ethylene purchasing cartel On 14 July 2020, the European Commission ("Commission") fined ethylene purchasers Orbia, Clariant and Celanese EUR 260 million for having colluded and exchanged information on purchase prices on the ethylene merchant market with a fourth participant, (...)

The EU Commission fines ethylene purchasers €260 million in a cartel settlement (Orbia / Clariant / Calanese / Westlake)
Van Bael & Bellis (Brussels)
On 14 July 2020, the European Commission (the “Commission”) announced that it had adopted a decision fin‐ ing three ethylene purchasers a total of € 260,443,000. The companies concerned namely, Orbia (Mexico), Clari‐ ant (Switzerland), Calanese (United States) and Westlake (United States), were (...)

The US DoJ applauds the International Competition Network’s new international leniency guidelines
US Department of Justice (Washington)
Antitrust Division Applauds New International Leniency Guidelines* New guidelines will increase effectiveness of international cartel enforcement through better cooperation The Antitrust Division helped lead the International Competition Network (ICN) initiative on cross-border leniency (...)

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 Czech Competition Authority imposes fines for illegal cartel agreement in the rail freight transport market (AWT / Interfracht / Argo Logistics / Spedica)
Bird & Bird (Prague)
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Bird & Bird (Prague)
On 22 June 2020 the Czech Office for the Protection of Competition (Office) published a press release (without publishing the full decision yet) regarding fines imposed for concluding and executing a prohibited cartel agreement regarding train projects Carpathia, Sylvania, and New Carpathia. (...)

The OECD holds a roundtable on the criminalisation of cartels and bid-rigging conspiracies
OECD - Competition Division (Paris)
Sanctions against cartels vary greatly across jurisdictions, from monetary fines against firms and other legal persons, to criminal sanctions (including custodial sentences) against individuals. In the last years, an increased adoption of criminal enforcement regimes has been observed across (...)

The Indian Competition Authority issues for the first time in a cartelization case a cease and desist order with no penalty against 4 industrial and automotive bearings manufacturers (Schaeffler / SKF / NEI / Tata) Free
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
Two of the final orders recently pronounced by the CCI finding parties in violation of the cartel and bid-rigging provisions of the Competition Act, 2002 (“Act”) have come as a surprise to many. While the CCI found clinching evidence regarding the existence of an agreement to cartelize and rig (...)

The Indian Competition Authority finds four automotive and industrial bearing companies to have engaged in price-fixing and directs them to cease and desist from their collusive behaviour (Schaeffler / SKF / NEI / Tata)
Trilegal (Mumbai)
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Trilegal (Mumbai)
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Trilegal (Mumbai)
The Competition Commission of India (CCI) recently found National Engineering Industries Ltd. (NEI), Schaeffler India Ltd. (Schaeffler), SKF India Ltd. (SKF) and Tata Steel Ltd., Bearing Division (Tata) (collectively, OPs) to have collusively fixed the prices of automotive and industrial (...)

The Belgian Competition Authority adopts leniency guidelines
Court of First Instance of Namur (Namur)
On 22 May 2020, new Leniency Guidelines (the “2020 Guidelines”) adopted by the Belgian Competition Authority (the “BCA”) were published in the Belgian Official Journal. The 2020 Guidelines replace the 2016 Leniency Guidelines and lay down the conditions to obtain total or partial immunity from (...)

The Belgian Competition Authority adopts guidelines regarding the calculation of fines, leniency applications and on the informal opinions of the Competition Authority’s President
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
On 22 May 2020 the Belgian Competition Authority (BCA) published three new guidelines: (i) new guidelines regarding the informal opinions of the BCA’s President; (ii) new guidelines regarding the calculation of fines; and (iii) new leniency guidelines. Below we set out the most important (...)

The German Competition Authority finalises fines totalling €110 million on eleven providers of technical building services for collusion in the award of major contracts (Caverion / Elektrotherm / Landshut / Engie / Cologne / Ferrostaal Air Technolgy / Saarwellingen / Stuttgart...)
Bird & Bird (Dusseldorf)
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Bird & Bird (Dusseldorf)
In December 2019 the Federal Cartel Office (“FCO”) imposed fines totalling EUR 110 million on eleven providers of technical building services for collusion in the award of major contracts. The proceedings were initiated in November 2014 following a leniency application. The leniency application (...)

The German Competition Authority fines technical building service providers for bid-rigging (Caverion Deutschland)
German Competition Authority (Bonn)
Bundeskartellamt / Cartel prosecution* Bundeskartellamt finalized fines proceedings against providers of technical building services Bonn, 27 March 2020: In December 2019 the Bundeskartellamt has finalised the fines proceedings against eleven technical building service providers. The (...)

The Mexican Competition Authority issues its new regulatory provisions of the leniency and immunity program
Mexican Competition Authority (Mexico City)
COFECE issues Regulatory Provisions of the Leniency and Immunity Program* The Regulatory Provisions are legally binding and aimed at providing tat providing greater legal certainty on procedures related to the Leniency and Immunity Program Mexico City, March 4, 2020.- The Mexican Federal (...)

The Polish Competition Authority imposes a €325,000 fine on an office equipment maker for engaging in online retail price maintenance (Brother)
Van Bael & Bellis (Brussels)
On 11 February 2020, the Polish Office of Competition and Consumer Protection (the “UOKIK”) imposed a fine of PLN 1.4 million (approximately € 325,000) on office equipment maker Brother for online retail price maintenance (“RPM”). The UOKIK’s decision explains that, between the years 2010 and 2017, (...)

The Polish Competition Authority imposes a fine on a manufacturer of office equipment who set minimum online sale prices for its printers (Brother)
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
In February 2020, the Polish Competition Authority (“UOKiK”) announced that in December 2019 it imposed a PLN 1.4 million fine on Brother Central & Eastern Europe (“Brother”), a manufacturer of office equipment, which set minimum online sale prices for printers. Between 2010 and 2017, Brother (...)

The German Competition Authority imposes fines totalling €154.6 million on plant protection product suppliers for agreeing on price lists, rebates and retail prices (Agravis / Agro Agrargroßhandel / BayWa / BSL Betriebsmittel Service Logistik / Getreide / Raiffeisen Waren / ZG Raiffeisen)
Van Bael & Bellis (Brussels)
On 13 January 2020, the German Federal Cartel Office (FCO) imposed fines totalling € 154.6 million on seven undertakings for agreeing on price lists, rebates and retail prices for plant protection products between 1998 and 2015. Fines were also imposed on employees implicated in the infringing (...)

The German Competition Authority fines seven wholesalers of plant protection products and their responsible employees for agreeing on price lists, discounts and some individual sales prices (AGRAVIS Raiffeisen / AGRO Agrargroßhandel / BayWa / Betriebsmittel Service Logistik / Getreide / Raiffeisen Waren / Kassel / ZG Raiffeisen)
German Competition Authority (Bonn)
Wholesalers of plant protection products fined for anti-competitive agreements on price lists, discounts and individual prices* Bonn, 13 January 2020: The Bundeskartellamt has imposed fines totalling 154.6 million euros on seven wholesalers of plant protection products and their responsible (...)

The Hungarian Competition Authority fines undertakings €4.8 million for sharing EU-funded public procurement tenders for diagnostic imaging equipment (GE Hungary / Premier G / Euromedic Technology)
Bird & Bird (Budapest)
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Bird & Bird (Budapest)
The Hungarian Competition Authority (’’GVH’’) fined several undertakings which were found to have shared amongst themselves the EU-funded public procurement tenders for diagnostic imaging (MRI, CT and X-ray) equipment in Hungary in 2015. The total fine amounts to EUR 4.8 million, with GE Hungary (...)

The French Competition Authority fines fruit-compote manufacturers for pricing agreement and market sharing (Conserves France / Valade / Délis / Vergers de Chateaubourg / Materne / Andros / Charles Faraud / Charles & Alice)
French Competition Authority (Paris)
The Autorité de la concurrence hands down fine worth a total of up to 58.3 million euros to the main fruit-compote manufacturers for pricing agreement and market sharing* Background The Autorité publishes today a decision by which it fines a national cartel between the main fruit-compote (...)

The German Competition Authority fines three companies and three people €646 million for agreeing and exchanging certain supplements and surcharges for quarto plates (Ilsenburger / Thyssenkrupp Steel / Voestalpine)
Fieldfisher (Düsseldorf)
Steel manufacturers fined record €646 million for agreeing surcharges and exchanging information* The Federal Cartel Office (FCO) has fined three companies and three persons a total of approximately €646 million. The companies agreed and exchanged certain supplements and surcharges for so-called (...)

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

The Spanish Competition and Markets Authority fines companies for participating in a cartel in the industrial assembly and maintenance sector (Montaje Y Mantenimiento Industrial)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
The CNMC has dismantled a cartel in the industrial assembly and maintenance sector. According to the CNMC, the practices in question were conducted with the aim of increasing prices in the services provided, mainly, to energy and petrochemical clients. The cartel members engaged in client (...)

The Serbian Competition Authority issues its first decision granting immunity from a fine of €500K to a cartel participant based on a leniency application (Konica Minolta distributors)
Schoenherr (Belgrade)
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Schoenherr (Belgrade)
Almost 10 years after the introduction of the leniency programme in Serbia, the Commission for Protection of Competition (’Commission’) adopted on 27 of September 2019 the first decision granting immunity from a fine to a cartel participant. This decision brings to life the 2009 statutory (...)

The Chinese State Administration for Market Regulation issues three new sets of rules and regulations relating to monopoly agreements, abuse of dominant market positions and abuse of administrative power
Orrick, Herrington & Sutcliffe (Beijing)
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Noerr (Dusseldorf)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. September 1, 2019 may be seen as a new starting point for the enforcement of China’s antitrust and competition laws. On this date, three new sets of rules and (...)

The Swiss Competition Authority fines a manufacturer of sports products for vertical price fixing with dealers (Stöckli)
Lenz & Staehelin (Zurich)
Introduction The Swiss Competition Commission (“ComCo”) fined Stöckli Swiss Sports (“Stöckli”), a Swiss manufacturer of Skis and other sport products, for vertical price fixing with its dealers with CHF 140’000. The fine was rather low, as Stöckli had filed a leniency application, albeit after ComCo (...)

The Portuguese Competition Authority imposes a record fine of €54 million for a cartel in the markets for insuring workplace accidents, health, and cars (Lusitania / Zürich)
Van Bael & Bellis (Brussels)
On 1 August 2019, the Portuguese competition authority (Autoridade da Concorrência, “AdC”) published a press release in which it announced that it had imposed total fines of € 42 million on two insurance companies (Lusitania and Zürich), two board members and two directors for, inter alia, (...)

The Italian Competition Authority fines several companies having implemented two anticompetitive agreements in the market for corrugated cardboard sheets and in the market for corrugated cardboard packaging (Pro-Gest, Cartonstrong Italia, Ondulato Trevigiano, Ondulati Maranello...)
Italian Competition Authority (Rome)
ICA: corrugated cardboard, fines of over €287 million for the main manufacturing companies* On 17 July 2019, the Antitrust Authority concluded an investigation, finding that two separate agreements had been implemented to distort the competitive dynamics in the market for corrugated cardboard (...)

The EU Commission fines a company for restricting cross-border sales of merchandising products (Sanrio)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
The investigation of the Commission has found that Sanrio banned traders from selling licensed merchandise of Hello Kitty and other characters outside their territorial coverage but within the European Economic Area (“EEA”). Sanrio is a Japanese company that designs, licenses, produces and sells (...)

The EU Commission fines a company for restricting cross-border sales of merchandising products featuring their brand characters (Sanrio)
DG COMP (Brussels)
Antitrust: Commission fines Sanrio €6.2 million for restricting cross-border sales of merchandising products featuring Hello Kitty characters* The European Commission has fined Sanrio €6.2 million for banning traders from selling licensed merchandise to other countries within the EEA. This (...)

The EU Commission fines a company €6.2 million for restricting cross-border sales of merchandising products (Sanrio)
Van Bael & Bellis (Brussels)
On 9 July 2019, the Japanese company Sanrio was fined € 6.2 million by the European Commission (“Commission”) for infringing Article 101 Treaty on the Functioning of the European Union by restricting cross-border sales by its licensees. According to the Commission’s press release, the case (...)

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

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

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

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

The UK FCA issues its first formal decision under its competition law enforcement powers by fining three asset management firms in an IPO context (Hargreave / Newton / RAMAM)
Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (London)
On 21 February 2019, the Financial Conduct Authority (FCA) issued a decision finding that three asset management firms breached competition law in the context of an initial public offering (IPO). This marks the FCA’s first formal decision under its competition law enforcement powers, which it (...)

The Romanian Competition Authority fines six undertakings for an anticompetitive agreement in the market of maintenance services required for ship equipment (Japan Radio / Alphatron Marine / Space Electronics / Alhoutyam / Navtron / Polar Denizcilikve Deniz Malzemeleri)
Romanian Competition Council (Bucharest)
The Competition Council sanctioned with 2 million euro six companies for anticompetitive agreements* The Competition Council sanctioned with fines totalling 9,002,621.75 lei (approx. 2 million Euro) for an anti-competitive agreement aiming at the limitation of marketing of the maintenance (...)

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

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

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

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

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

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

The 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 Canadian Competition Authority and the Public Prosecution Service revise immunity and leniency programs
Norton Rose Fulbright (Toronto)
Competition Bureau’s new “disclosure first” immunity and leniency programs take effect* Antitrust and competition On September 27 the Competition Bureau (the Bureau) and the Public Prosecution Service of Canada (PPSC) launchedrevised immunity and leniency programs in relation to investigating (...)

The UK Competition Authority fines an airports for restricting competition on parking prices in a lease with the operator of a Terminal hotel (Heathrow / Arora)
United Kingdom’s Competition Authority - CMA (London)
Heathrow and Arora admit to anti-competitive car park agreement* Heathrow airport will pay a £1.6m fine for restricting competition on parking prices in a lease with the operator of a Terminal 5 hotel. The fine to be imposed by the Competition and Markets Authority (CMA), comes after its (...)

The Hungarian Competition Authority reduces fines of companies sanctioned for bid-rigging in the radiology IT products market (GE Hungary / Silver Woo)
Hungarian Competition Authority (Budapest)
Substantial reduction of fine thanks to cooperation of the parties* The Hungarian Competition Authority (Gazdasági Versenyhivatal, hereinafter GVH) found that GE Hungary Kft. and Silver Wood – IT Kft. had committed a competition law infringement in the course of purchasing the radiology IT (...)

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

The EU Commission fines consumer electronics’ manufacturers a total of €111 million for resale price maintenance, granting substantial reductions in the fines through the cooperation procedure (Asus / Denon & Marantz / Philips / Pioneer)
Van Bael & Bellis (Brussels)
According to a press release and statement issued on 24 July 2018, the European Commission has, in four separate decisions, fined consumer electronics manufacturers Asus, Denon & Marantz, Philips and Pioneer a total of €111 million for engaging in resale price maintenance during periods (...)

The EU Commission fines manufacturers of electronic goods for resale price maintenance (Asus / Denon / Philips / Pioneer)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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Norton Rose Fulbright (Brussels)
Vertical restrictions, including resale price maintenance (RPM), have not generally been an EC enforcement priority over the last 10 years, but a series of rulings in July 2018 signalled a potential change in that trend. Although the EC considers RPM to be a “hardcore restriction” of (...)

The EU Commission fines four leading consumer electronics manufacturers for fixing online resale prices (Asus / Denon & Marantz / Philips / Pioneer)
Rosenblatt (London)
EU COMMISSION FINES MAJOR CONSUMER ELECTRONICS MANUFACTURERS FOR FIXING ONLINE RESALE PRICES* On 24th July 2018 the EU Commission passed a decision to enforce the competition rules in yet another case involving the e-commerce sector. This time it fined a number of leading consumer electronics (...)

The EU Commission fines manufacturers over €111 million for restricting the ability of online retailers to set their retail prices for a variety of widely-used consumer electronics products (Asus / Denon & Marantz / Philips / Pioneer)
Bona Law (San Diego)
Antitrust News: The European Commission imposes fines for the first time in 15 years as a result of online retail price restrictions (RPM)* On July 24, 2018, the European Commission fined manufacturers Asus, Denon & Marantz, Philips and Pioneer for over €111 million for restricting the (...)

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

The Moldovan Competition Authority grants immunity from fine to a leniency applicant in a bid rigging case (Litarcom / Capillati / Ecosem Grup)
University of Macau - Faculty of Law (Macau)
On 5 July 2018, the Competition Council of the Republic of Moldova (CC) found the signs of bid rigging in the public procurement, organized by local administration in the Glodeni county. The CC initiated its investigation on the basis of the leniency application filed by Ecosem Grup SRL, (...)

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

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

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

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

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

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

The 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 Romanian Competition Authority fines six companies for bid-rigging in the market of electricity consumption equipment (ECRO)
Romanian Competition Council (Bucharest)
The Competition Council applied fines of 73 millioan lei to 6 companies for the bid-rigging in the field of electricity comsumption equipment* The Competition Council sanctioned with fines totaling 73,100,870.37 lei (about € 15.8 million) six companies for the conclusion of two anticompetitive (...)

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

The Polish Competition Authority issues a decision on collusion concerning ISO certificates (Prezes Urzędu Ochrony Konkurencji i Konsumentów)
WKB Wierciński Kwieciński Baehr (Warsaw)
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WKB Wierciński Kwieciński Baehr (Warsaw)
By way of its decision no. RWR 13/2017 of 29 December 2017, the President of the Office of Competition and Consumer Protection (“OCCP”) imposed a financial penalty exceeding PLN 461,000 (approx. EUR 112,000) on Istituto Italiano del Marchio di Qualita (“IMQ”) for fixing prices and dividing the (...)

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

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

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

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

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

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

The Moldovan Competition Authority applies leniency policy in a bid-rigging case on public procurement of equipment maintenance services (Set-Service / Nufăr-Cia)
University of Macau - Faculty of Law (Macau)
On 21 June 2017 the Competition Council (CC) found two undertakings liable for bid rigging in a public procurement of the equipment maintenance services. The case represents a rare instance of a successful leniency application securing the immunity from fine to the undertaking concerned. On 17 (...)

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

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

The EU Commission adopts a new anonymous whistleblower tool
DG COMP (Brussels)
Antitrust: Commission introduces new anonymous whistleblower tool* A new tool to make it easier for individuals to alert the Commission about secret cartels and other antitrust violations while maintaining their anonymity has been launched by the European Commission today. Individuals can now (...)

The EU Commission introduces a new tool to encourage individuals to disclose anticompetitive conduct on an anonymous basis
Jones Day (Brussels)
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DLA Piper (London)
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Jones Day (Brussels)
In Short The Situation: The European Commission has launched a new tool that will allow individuals to anonymously report anticompetitive conduct for the first time. The Impact: The Commission’s new access to anonymous inside information could increase the risk of exposure for companies (...)

The EU Commission fines six suppliers of car air conditioning and engine cooling €155 million in cartel settlement (Behr / Calsonic / Denso / Panasonic / Sanden / Valeo)
DG COMP (Brussels)
Antitrust: Commission fines six car air conditioning and engine cooling suppliers € 155 million in cartel settlement* The European Commission has fined Behr, Calsonic, Denso, Panasonic, Sanden and Valeo a total of € 155 million for taking part in one or more of four cartels concerning supplies (...)

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

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

The EU General Court dismisses the actions of undertakings in a cartel case and upholds the fines imposed by the Commission (Smart card chips cartel)
Van Bael & Bellis (Brussels)
Article 27(2) of Regulation No 1/2003 provides that the parties’ rights of defence are to be fully respected in proceedings by the European Commission pursuant to Articles 101 and 102 TFEU. Article 12 of Regulation 773/2004 states that the Commission must give the parties to whom it has (...)

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

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

The Latvian Competition Council fines medical equipment traders for bid rigging (Optika&Dentika / KJ Serviss)
Latvian Competition Council (Riga)
The CC fines Medical Equipment Traders for collusive Behaviour in Public Procurements* On 8 September, the Competition Council (the CC) fined two medical equipment traders SIA OPTIKA&DENTIKA and SIA KJ SERVISS for participating in a cartel agreement in four public procurements. Due to the (...)

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

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

The Hungarian Competition Authority fines five suppliers of medical suture products for bid rigging and exempts one of them under the leniency provisions (Braun Medical / Chairman / Johnson&Johnson / Staplecare / SurgiCare / Variomedic)
Hungarian Competition Authority (Budapest)
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Oppenheim (Budapest)
The Competition Authority of Hungary (GVH) has in August 2016 imposed fines on five suppliers of medical suture products (needles and threads for medical/hospital use) for bid rigging in an amount of around EUR 770.000, exempting one of them under the leniency provisions. The infringement was (...)

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

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

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

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

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

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

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

The 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 EU General Court confirms the Commission’s decision on immunity applications and attribution of liability (Deutsche Bahn / Schenker)
Blackstone Chambers (London)
The Freight-Forwarding Cartels in the General Court: Lessons on Leniency and Discretion*On 29 February 2016, the General Court handed down its judgments in Case T-265/12 Schenker Ltd v European Commission; Case T-267/12 Deutsche Bahn AG and others v European Commission, upholding the (...)

The EU Commission fines €137 million car parts producers in a cartel settlement (Melco / Hitachi)
DG COMP (Brussels)
Antitrust: Commission fines car parts producers € 137 789 000 in cartel settlement* The European Commission has imposed fines of € 137 789 000 on Melco (Mitsubishi Electric) and Hitachi for participating in a cartel for alternators and starters with another firm, Denso, in breach of EU antitrust (...)

The EU Court of Justice gives a preliminary ruling for an alleged collusion among a number of travel agencies through an online travel booking system (Eturas)
Max Planck Institute for Innovation and Competition (Munich)
On 21 January 2016 the European Court of Justice (ECJ) gave a preliminary ruling upon the request of the Supreme Administrative Court of Lithuania in the Eturas case. At the core of the case was an alleged collusion among a number of travel agencies through an online travel booking system (...)

The Latvian Competition Authority fines two undertakings for bid rigging in medical procurements (Optika un Diagnostika / Arbor Medical Korporācija)
Latvian Competition Council (Riga)
The CC fines Undertakings for Bid Rigging in Medical Procurements* On 10 December, The Competition Council (CC) of Latvia fined two undertakings – SIA Optika un Diagnostika and SIA Arbor Medical Korporācija – for coordinating tenders in a total of six different procurements of medical equipment (...)

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

The French Competition Authority publishes a decision by which it fines two anticompetitive agreements in the delivery service sector (Traditional and express delivery service)
French Competition Authority (Paris)
Delivery service (transporting parcels) industry* Today, the Autorité de la concurrence issues a decision by which it fines two anticompetitive agreements in the delivery service industry for a total amount of 672.3 million euros: The principal agreement in question has been subject to a (...)

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

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

The Hong Kong Competition Authority publishes a draft leniency policy and guidelines for undertakings engaged in cartel conduct
Hogan Lovells (Beijing)
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Hogan Lovells (Hong Kong)
Leniency agreements are commonly offered by competition authorities to encourage entities engaging in anti-competitive conduct to come forward with information to assist with investigations; leniency is indeed generally regarded as one of the most successful tools for uncovering cartels, many (...)

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

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

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

The Latvian Competition Authority fines several tenderers for bid rigging in the market of timber preparation (Amils)
Latvian Competition Council (Riga)
Competition Authority fines 11 tenderers of logging procurement* On 14 July, the Competition Council (CC) of Latvia took a decision to fine 11 undertakings for coordinating their tenders with one or several other tenderer in a public procurement of timber preparation. For such actions, the (...)

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

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

The EU Commission fines a parking heaters producer for cartel in the context of a settlement (Eberspächer)
DG COMP (Brussels)
Commission fines parking heaters producer €68 million in cartel settlement* The European Commission found that two German producers of automotive parts, Eberspächer and Webasto, have breached EU antitrust rules prohibiting cartels and restrictive business practices. They coordinated prices and (...)

The German Competition Authority imposes fine on manufacturers of prefabricated garages for price-fixing agreements (Rekers)
German Competition Authority (Bonn)
Fines imposed on manufacturers of prefabricated garages on account of price-fixing agreements* The Bundeskartellamt has imposed fines amounting to 11 million euros on ten manufacturers of prefabricated garages for their involvement in price-fixing agreements. Andreas Mundt, President of the (...)

The Portuguese Competition Authority sends a statement of objections to 15 banking institutions for allegedly exchanging sensitive data regarding the supply of retail-banking loan products
Abreu Advogados (Lisbon)
The Portuguese Competition Authority confirmed having sent a Statement of Objections to 15 banks for suspected participation in a concerted practice. According to the last press release issued by the Portuguese Competition Authority on June 5, 2015, the Statement of Objections was issued on May (...)

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 Fujian Price Bureau adopts antitrust measures for the China Pilot Free Trade Zone
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Fujian Price Bureau adopts antitrust measures for the China (Fujian) Pilot Free Trade Zone* On 30 April 2015, the Fujian Price Bureau issued the Anti-Price Monopoly Measures for the China (Fujian) Pilot Free Trade Zone. The aims of the measures are to enhance the market price order, protect (...)

The French Competition Authority publishes a new notice concerning its leniency programme
French Competition Authority (Paris)
Revision of the leniency procedural notice* The Autorité de la concurrence has published a new notice concerning its Leniency Programme The Autorité de la concurrence, meeting in plenary session, has adopted the revised procedural notice relating to its Leniency Programme. This revision of the (...)

The French Competition Authority imposes fines on three millers for cartel in the market of flour sold to craft bakeries (Axiane Meunerie / Minoteries Cantin / Grands Moulins de Strasbourg)
French Competition Authority (Paris)
The Autorité de la concurrence fines 3 millers for anticompetitive agreements on increases in the price of flour sold to craft bakeries.* The Autorité de la concurrence issues today a decision whereby it fines Axiane meunerie, Minoteries Cantin and Grands Moulins de Strasbourg a total of 1.1 (...)

The Italian Competition Authority fines eight ready-mix concrete manufacturers for two cartels and applies its new fining guidelines (Intermodale / General Beton Triveneta / Calcestruzzi / SuperBeton)
Studio Legale Scoccini (Rome)
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Linde (Milan)
On 25 March 2015, the Italian Competition Authority (ICA) fined eight ready-mix concrete manufacturers. The ICA imposed penalties of more than EUR12.5 million as a result of establishing price fixing and market allocation in the Friuli Venezia Giulia (FVG) region. The investigation was opened (...)

The Italian Competition Authority fines two cartels in ready-mix concrete sector (Intermodale / General Beton Triveneta / Calcestruzzi / SuperBeton)
European Commission (Brussels)
ICA Fines two Cartels in Ready-Mix Concrete Sector* On 25 March 2015, the Italian Competition Authority (ICA) found that eight ready-mix concrete manufacturers and a consultancy firm infringed Article 101 TFEU by operating two price fixing and market allocation agreements in several areas in (...)

The French Competition Authority imposes fines on several producers of fresh dairy for cartel (Yoghurt cartel)
French Competition Authority (Paris)
Cartel in the fresh dairy products sector (yoghurts, fromages blancs, milk-based desserts, etc.)* The Autorité de la concurrence fines €192.7 million an anticompetitive agreement on dairy products sold under retail private labels The Autorité issues today a decision in which it finds the (...)

The Russian President signs an amendment introducing changes to the Criminal Code on antitrust violations
Siemens (New York)
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Patterson Belknap Webb & Tyler (New York)
Russia Amends Criminal Code on Antitrust Violations* Russia has amended its criminal code on cartels, signaling a major change in antitrust law enforcement. On March 8, 2015, President Vladimir Putin signed a Federal Law “introducing changes to Article 178 of the Criminal Code of the Russian (...)

The Council of the Office of the Slovak Republic examines the decision of the Antimonopoly Office by which it imposed fines on four construction companies for cartel in the field of the public procurement (J.P.–STAV spol)
Slovak Competition Authority (Bratislava)
The Council of the Antimonopoly Office upheld the substance of the 1st instance decision on a cartel agreement of construction companies in public procurements* The Council of the Office of the Slovak Republic (“the Council of the Office”) examined the decision of the Antimonopoly Office of the (...)

The Lithuanian Competition Authority fines a cartel in the energy sector (Lukrida / Envija / Manfula)
European Commission (Brussels)
Competition Council Hits Cartel in Energy Sector* On 11 February 2015, the Competition Council (the Council) found that UAB Lukrida (Lukrida) and UAB Manfula (Manfula), the main market players in the construction of cogeneration power plants in Lithuania, sought to restrict competition in the (...)

The Ontario Superior Court of Justice holds that information received by the Competition Authority at the proffer stage of its immunity and leniency programs is not protected from disclosure to other accused persons by settlement privilege (Nestlé Canada)
TSMC (San Francisco)
Proffers to Competition Bureau must be disclosed to accused, court says* Information received by the Competition Bureau at the proffer stage of its Immunity and Leniency Programs is not protected from disclosure to other accused persons by settlement privilege, the Ontario Superior Court of (...)

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 Romanian Competition Authority fines four undertakings for bid-rigging in the oil and gas drilling works market (Dafora / Foraj / Upetrom 1 Mai)
Romanian Competition Council (Bucharest)
The Competition Council has sanctioned four companies for rigging the auctions organized by ROMGAZ* The Competition Council has sanctioned with fines totalling 12,968,298 lei (approximately EUR 2.89million) four companies for rigging the auctions organized by SNGN ROMGAZ S.A. The sanctioned (...)

The Irish Competition Authority revises its cartel immunity program
European Investment Bank (Luxembourg)
Introduction Given the immense social, economic and personal damage caused by the covering-up of crimes by Irish institutions, there is a remarkable reluctance in Irish society to provide systematic protection to whistle-blowers and persons willing to come forward to ensure offences are (...)

The amended Polish Competition Act enters into force, raising questions about guarantees and procedures in antitrust cases
Hansberry Tomkiel (Warsaw)
Polish competition law Both EU and Polish competition law apply in Poland. The Polish Competition Act follows EU substantive principles and its Article 6 is modelled upon Article 101 of the TFEU. The Act, however, differs from EU competition law with respect to the liability of individuals and (...)

The Indian Competition Authority fines a trade association for price fixing and collective boycott (Film Distributors Association of Kerala)
Amit Sibal (New Delhi)
Film Distributor Trade Association fined for price fixing and collective boycott* In its last reported decisions of 2014, the Competition Commission of India (CCI), in two separate cases, fined the Film Distributors Association of Kerala (a state in India) 5% of its turnover (in each case) for (...)

The French Competition Authority fines several manufacturers of home and personal care products for having implemented concerted practices (Colgate-Palmolive / Henkel / Reckitt Benckiser)
French Competition Authority (Paris)
The Autorité de la concurrence fines concerted practices between manufacturers a total of 345,2 € millions and 605,9 € millions on each market concerned* The Autorité de la concurrence issues today a decision whereby it fines home care and personal care manufacturers for having implemented (...)

The Latvian Competition Authority imposes fines on dealers and importer of cars for their participation to a cartel (Autocentrs, Moller Auto Krasta)
Latvian Competition Council (Riga)
The CC Fines Dealers of Volkswagen for 7.6 Million Euros* On 15 December, the Competition Council (CC) of Latvia imposed fines to official dealers and importer of Volkswagen cars in Latvia for taking part in a cartel. For at least five years undertakings systematically coordinated their (...)

The European Commission fines fives companies over € 19.4 million in cartel settlement for price coordination and customer allocation (Envelopes)
Constantine Cannon (London)
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United Kingdom’s Competition Authority - CMA (London)
European Commission Seeks To Stamp Out Envelope Cartel With Fines Totaling 19.48 Million Euros* The European Commission has announced that it has imposed fines totaling 19.48 million euros on five European envelope producers for coordinating prices and allocating customers through an (...)

The Romanian Competition Authority sanctions a collective boycott aimed at the elimination of a competitor from the market (Brand Programming Network)
DLA Piper (Bucharest)
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DLA Piper (Bucharest)
Introduction The Romanian Competition Council ("RCC") published in January 2015 a decision ("RCC Decision") pursuant to an investigation concerning an alleged cartel on the market for media buying services ("RCC Investigation"). The RCC Investigation involved a significant number of companies (...)

The Latvian Competition Council imposes fines on two construction companies for bid rigging and immunizes an undertaking who revealed the existence of the cartel (RCI Gulbene)
Latvian Competition Council (Riga)
Leniency notice to disclose a cartel scheme within public procurements* On 24 October, the Competition Council (CC) of Latvia has found that two construction companies operated in a bid rigging. The investigation was carried out based on a Leniency notice submitted by one of the cartel (...)

The Finnish Competition and Consumer Authority proposes to fine a power line builder for participating in a cartel (Eltel and Empower)
Finnish Competition and Consumer Authority (Helsinki)
The FCCA proposes a EUR 35 million fine on power line builder Eltel for participating in a cartel* The Finnish Competition and Consumer Authority (FCCA) today submitted a proposal to the Market Court to impose a fine of EUR 35 million on Eltel Networks Oy and Eltel Group Oy (hereinafter (...)

The Office of Thai Trade Competition Commission proposes changes to Thailand’s Trade Competition Act 1999
Rajah & Tann (Singapore)
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Rajah & Tann (Bangkok)
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Rajah & Tann (Bangkok)
Introduction The Office of Thai Trade Competition Commission in Thailand (‘OTCC’) recently discussed proposed changes to Thailand’s Trade Competition Act 1999 (the ‘Act’) during a public hearing held on 28 October 2014. This is the first substantial review of the Act since its enactment in 1999. (...)

The Chinese NDRC fines the undertakings participating in two cartels in the car insurance and automotive component sectors and publishes its decisions (Zhejiang car insurance cartel and Automotive component suppliers’ cartel)
Norton Rose Fulbright (Brussels)
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China Construction Bank Europe (Luxembourg)
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 1. Introduction The Chinese National Development and Reform Commission (NDRC) has recently stepped up its cartel enforcement activities and for the first time has (...)

The Hubei Province and Shanghai Price Bureau fines automobile companies for price-monopoly (FAW-Volkswagen - Audi - Chrysler)
AnJie Law (Beijing)
FAW-Volkswagen, Chrysler and Related Dealers Fined Nearly RMB280 Million for Monopolistic Conduct* Background The automotive industry has undergone a new round of “antitrust crackdowns”. On 11 September 2014, Hubei Price Bureau released its decisions to impose penalties arising from a price (...)

The Chinese National Development and Reform Commission fines cement companies for price fixing and announces that more penalties are to come (Jilin Yatai / Northern Cement / Jidong Cement)
University of Melbourne
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China Competition Bulletin (Beijing)
,
Hogan Lovells (Beijing)
Three Cement Companies in Jilin Province Fined RMB 114 million for Price Fixing* On 9 September 2014, the NDRC announced that its local price bureau in Jilin Province, the Jilin Price Bureau, had fined 3 cement companies (Jilin Yatai, Northern Cement, and Jidong Cement) a total of RMB 114.39 (...)

The Chinese NDRC imposes fines for price fixing and for the first time, publishes its decisions (Zhejiang Car Insurance Cartel)
AnJie Law (Beijing)
Better Late Than Never: NDRC Publishes Full Decisions on Zhejiang Car Insurance Cartel Case - Analysis of NDRC’s Antitrust Law Enforcement Approach* Introduction Less than 2 weeks after the record fine (USD 200 million) in the Japanese Auto Parts and Bearing Manufacturers case that shocked the (...)

The Chinese NDRC imposes record fines and applies explicitely for the first time its leniency program (Automotive component suppliers’ cartel)
AnJie Law (Beijing)
Note of Caution: Record Fines on 12 Japnese Auto Parts and Bearing Manufactures - Analysis of the NDRC’s Penalty Decision and Countermeasures of Companies* Within six years of implementation of China’s Anti-Monopoly Law, the China’s law enforcement agency responsible for supervising price (...)

The Hungarian Competition Authority imposes fines of € 1 million on one producer of TV and computer monitor tubes for having implementing anticompetitive practices (Samsung SDI / LG Philips Displays)
Hungarian Competition Authority (Budapest)
Press Release published on the official website of the Hungarian Competition Authority. Fine imposed by the GVH for restrictive agreement* The Gazdasági Versenyhivatal (GVH – the Hungarian Competition Authority) stated that Samsung SDI (Samsung SDI Co. Ltd. in joint and several liability with (...)

The German Competition Authority fines €1.89 million an anti-competitive customer allocation agreement concerning services provided for heating surfaces of regenerative heat exchangers used in power plants (Alstom Power Energy Recovery)
German Competition Authority (Bonn)
Bundeskartellamt imposes fine on account of customer allocation agreement concerning services provided for heat exchangers used in power plants* The Bundeskartellamt has imposed a fine of 1.89 million euros on Alstom Power Energy Recovery GmbH on account of an anti-competitive customer (...)

The Moroccan Parliament adopts two complementary laws concerning competition rules (Law No 104-12 and Law No 20-13)
Moroccan competition Authority
« The views expressed herein are of the author and do not necessarily reflect the official position of the Moroccan Competition Authority » The competition’s regulation institutional architecture is expected to undergo a radical change in its structure. The first harbingers of this long-awaited (...)

The EU Commission imposes €32 million fines in the canned mushrooms cartel (Lutèce / Prochamp / Bonduelle)
Ramón y Cajal (Madrid)
The infringement The European Commission ("Commission") sanctions three producers of canned mushrooms, Lutèce, Prochamp and Bonduelle, for participating in a cartel and imposes fines amounting to €32.2 million. The cartelists exchanged confidential information on tenders, set minimum prices, (...)

The Spanish Competition Authority fines fire extinguisher producers over 2 million Euro for price fixing and market sharing (Equipos c. Incendios)
DG COMP (Brussels)
On 26 June 2014, the Spanish National Markets and Competition Commission (“CNMC”) imposed a fine of over €2 million on six fire extinguisher producers . The CNMC initiated its investigation following a leniency application filed on 26 July 2012 by TODOEXTINTOR S.L, one of the fire extinguisher (...)

The Hungarian Competition imposes fines for exchange of information via market research services concerning the individual sales volumes for contact lenses (CooperVision Optikai Cikkeket Forgalmazó)
Hungarian Competition Authority (Budapest)
Restrictive agreements on the market of contact lenses* The Hungarian Competition Authority (Gazdasági Versenyhivatal - GVH) decided that CooperVision Optikai Cikkeket Forgalmazó Kft., FOTEX-OFOTÉRT Optikai és Fotócikk Kereskedelmi Kft., Johnson Johnson Egészségügyi és Babaápolási Termékeket Gyártó (...)

The EU Court of Justice accepts the application of a strict presumption under EU law providing for the liability of a parent company, which holds all of a subsidiary’s capital shares (FLS Plast)
King’s College (London)
On June 19, 2014, in FLS Plast A/S v European Commission the European Court of Justice considered application of a strict rebuttable presumption under EU Law, which provides for a parent company to be held liable for its subsidiary’s anti-competitive market conduct, where the parent company (...)

The Mauritian Competition Authority recommends the imposition of financial penalties and additional remedies on domestic beer suppliers who entered into a market sharing agreement (Phoenix / Stag)
Primerio (Washington)
Beer cartels: first fine sought in mauritius leniency matter* Precedential leniency case yields initial fine The Competition Commission of Mauritius (“the Commission”) has recommended fines of approximately €487,000 and €158,000 be imposed on Phoenix Beverages Ltd (PLB) and Stag Beverages, (...)

The South African Competition Tribunal asks for submission on reasons for approving the cartel settlement and expresses doubts as regards the low level of fining (Premier Fishing)
Primerio (Johannesburg)
Appellate competition body questions authority’s lenient fine* Tribunal expresses doubts as to lenient fining level of Premier Fishing The chairman of the South African Competition Tribunal, Takalani Madima, has asked the South African Competition Commission and Premier Fishing for ‘detailed (...)

The Competition Commission of Singapore fines four Japanese ball bearings manufacturers and their Singapore subsidiaries for an anticompetitive agreement (Ball Bearings Case)
Rajah & Tann (Singapore)
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Rajah & Tann (Singapore)
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Rajah & Tann (Singapore)
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction Happy New Year all! We start the year with a coverage of key developments in competition law in Singapore over the past year, and discuss the likely (...)

The Competition Commission of Singapore issues first infringement decision in relation to an international cartel (CCS / Ball and roller bearings manufacturers)
BHP Billiton (Singapore)
On 27 May 2014, the Competition Commission of Singapore (the “CCS”) announced that it had issued an infringement decision, and imposed total financial penalties amounting to over S$9 million, against four Japanese bearings manufacturers and their Singapore subsidiaries (collectively, the (...)

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

The Slovak National Council introduces a whistleblower program in the context of a substantial amendment of the competition act
Diwok Hermann Petsche (Baker McKenzie Vienna)
Introduction Slovakia introduced a Whistleblower Program with the effect from 1 July 2014. The program represents a new institute under Slovak law as previously competition law did not include any financial (or other) reward for whistleblowers. Slovak competition law applies only to (...)

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

The Canadian Competition Authority announces criminal charges for involvement in an illegal bid-rigging arrangement relating to the provision of IT services (Library and Archives Canada)
Steve Szentesi Law Corporation (Vancouver)
Bid-rigging Cases: Competition Bureau Charges IT Company, 6 Individuals in IT Bid-rigging Case* The Canadian Competition Bureau (Bureau) announced earlier on 2 May 2014 that criminal charges have been laid in a federal government IT contract-related bid-rigging case. According to the Bureau, (...)

The Australian Competition and Consumer Commission releases its draft Immunity and Cooperation Policy for Cartel Conduct April 2014 and draft Frequently Asked Questions for public comment
University of New South Wales (Sydney)
This article was originally published on In Competition by King & Wood Mallesons (click here). ACCC simplifies policy on cartel immunity and cooperation* Last week the ACCC released its draft Immunity and Cooperation Policy for Cartel Conduct April 2014 (Draft Policy) and draft Frequently (...)

A New Zealand High Court orders a Swiss air freight company to pay a penalty and costs for cartel behaviour (Kuehne + Nagel International)
New Zealand Commerce Commission (Wellington)
Press releases published on New Zealand Commerce Commission Air freight cartel nets almost $12 million in penalties* The High Court in Auckland has today ordered Swiss company Kuehne + Nagel International AG to pay a penalty of $3.1 million plus costs for breaches of the Commerce Act. Kuehne (...)

The New Zealand Competition Authority confirms its investigation into possible manipulation of currency rates and possible influence of benchmarks in foreign exchange markets (FOREX)
New Zealand Commerce Commission (Wellington)
Commerce Commission confirms forex investigation* The Commerce Commission has confirmed that it has an investigation into possible manipulation of currency rates and possible influencing of benchmarks in foreign exchange (forex) markets. The investigation was commenced as a result of a (...)

The European Commission fines eleven producers for operating a cartel on the high-voltage power cable market (ABB / Nexans)
Van Bael & Bellis (Brussels)
On 2 April 2014, the European Commission announced that it had imposed fines totalling € 301,639,000 on eleven European, Japanese and Korean producers of underground and submarine high-voltage power cables for operating a European and worldwide market- allocation, bid-rigging and price-fixing (...)

The German Competition Authority imposes further fines amounting to 231.2 million Euros in its proceedings concerning illegal price fixing agreements for beer (Carlsberg / Radeberger / Bolten / Erzquell / Früh / Gaffel)
German Competition Authority (Bonn)
Cartel proceedings against breweries concluded with imposition of further fines* The Bundeskartellamt has imposed further fines amounting to 231.2 million Euros in its proceedings concerning illegal price fixing agreements for beer. The fines were imposed on the companies Carlsberg Deutschland (...)

The High Court of New Zealand fines wood company for price fixing on the commercial timber market in the Auckland (Carter Holt Harvey)
New Zealand Commerce Commission (Wellington)
Press releases published on New Zealand Commerce Commission Carter Holt Harvey fined for “classic” price fixing breaches* Commerce Commission General Manager Competition, Kate Morrison says the High Court’s decision to fine Carter Holt Harvey $1.85 million for price fixing in the Auckland (...)

The Danish Competition Authority grants its first leniency immunity to undertaking and individual in the cleaning industry for provided information about bid rigging
Danish Competition and Consumer Authority (Copenhagen)
Denmark: ”Immunity in a cartel case granted for the first time”* An undertaking and a natural person in the cleaning industry has been granted immunity from sanctions in a cartel case for the disclosure of information regarding the cartel. It is the first time that the State Prosecutor for (...)

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

The German Federal Constitutional Court regards the disclosure of leniency applicants’ documents as not violating fundamental constitutional rights in the cartel damages proceedings (Aufzugskartell)
Hogan Lovells (Munich)
I. The Facts Following the European Commission’s decision to impose fines against a group of lift and escalator manufacturers for violating EU antitrust rules in February 2007 (COMP/38.823), several building contractors initiated civil damages claims before the Regional Court of Berlin at the (...)

The German Competition Authority fines sugar producers for concluding anticompetitive agreements on sales areas, quotas and prices (Zuckerkartell)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines on sugar manufacturers* Today the Bundeskartellamt has imposed fines amounting to around 280 million euros on the three major German sugar manufacturers Pfeifer & Langen GmbH & Co.KG, Cologne, Südzucker AG Mannheim/Ochsenfurt, Mannheim, and Nordzucker AG, (...)

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

The Hungarian Competition Authority imposes fines for resale price maintenance on the market for dental handpieces (Dentalwerk Bürmoos)
Hungarian Competition Authority (Budapest)
Restrictive agreements on the market of dental handpieces* The Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) established that W&H Dentalwerk Bürmoos GmbH and certain of its distributors had breached EU competition rules by concluding restrictive agreements which fixed the (...)

The German Competition Authority imposes fines on five beer manufacturers and seven individuals in a beer price-fixing case (Breweries Cartel)
Steve Szentesi Law Corporation (Vancouver)
Beer Manufacturers Fined $145 M in Price-fixing Case – Other Brewers, Association Investigated* Earlier on the 13th of January 2013, the German antitrust authority (the Bundeskartellamt) announced that $145 million in fines had been imposed against five beer manufacturers and seven individuals (...)

The German Competition Authority imposes fines on five breweries as well as seven individuals personally involved on account of illegal price fixing agreements for beer (Bitburger)
German Competition Authority (Bonn)
First fines imposed in cartel proceedings against breweries* Bonn, 13 January 2014: The Bundeskartellamt has imposed fines totalling 106.5 million euros on the companies Bitburger Braugruppe GmbH (Bitburger), Krombacher Brauerei Bernhard Schadeberg GmbH & Co. KG (Krombacher), C. & A. (...)

The Polish Competition Authority fines one company for resale price maintenance on the ski equipment and accessories market (Sport & Freizeit)
WKB Wiercinski Kwiecinski Baehr (Poznan)
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WKB Wierciński Kwieciński Baehr (Warsaw)
On 31 December 2013, the President of the Office of Competition and Consumer Protection (hereinafter “the OCCP President”) issued a decision concerning minimum resale price maintenance practices on the market of ski equipment and accessories in Poland (Decision No. DOK – 7/2013). Although the (...)

The Polish Competition Authority strikes down bid-rigging practices in the agricultural sector (APA)
WKB Wierciński Kwieciński Baehr (Warsaw)
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Freshfields Bruckhaus Deringer (London)
In its decision of 31 December 2013 , the Polish competition authority (Urząd Ochrony Konkurencji i Konsumentów, the "UOKiK") reviewed a bid-rigging case involving three farmers who participated in a tender organised by the Agricultural Property Agency ("APA") to sell undeveloped agricultural (...)

The New Zealand Competition Authority commences proceedings in relation to an Auckland timber cartel (Carter Holt Harvey / Fletcher)
New Zealand Commerce Commission (Wellington)
Press releases published on New Zealand Commerce Commission Commission commences proceedings in relation to Auckland timber cartel* The Commerce Commission has today filed proceedings in the High Court against Carter Holt Harvey Limited for price fixing in the Auckland timber market. Carter (...)

The Competition Commission of Singapore issues first proposed infringement decision in relation to an international cartel (Ball and roller bearings manufacturers)
BHP Billiton (Singapore)
On 16 December 2013, the CCS issued a media release stating that a Proposed Infringement Decision (the “PID”) had been issued against four Japanese bearings manufacturers and their Singapore subsidiaries (the “Parties”) pursuant to the Singapore Competition Act, Chapter 50B (the “Act”). The CCS has (...)

The Australian Competition and Consumer Commission files civil proceedings against a cartel that allegedly denied the benefits of lower prices for laundry detergent products to the consumers (Woolworths)
Australian Competition and Consumer Commission (Canberra)
ACCC takes action against alleged laundry detergent cartel* The Australian Competition and Consumer Commission has filed civil proceedings, in the Sydney registry of the Federal Court of Australia, in relation to an alleged cartel that the ACCC alleges denied Australian consumers the benefits (...)

The Hong Kong Competition Authority releases a draft leniency policy and guidelines on cartel conduct
Siemens (New York)
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Patterson Belknap Webb & Tyler (New York)
Hong Kong Competition Commission Releases Leniency Guidelines* On September 23, the Hong Kong Competition Commission (HKCC) released a draft of its “Leniency Policy for Undertakings Engaged in Cartel Conduct.” The draft specifies when the HKCC will refrain from pursuing monetary penalties (...)

Unilateral Practices

The US DoJ announces that a ready-mix concrete company admitted to fixing prices and rigging bids (Argos USA)
US Department of Justice (Washington)
Ready-Mix Concrete Company Admits to Fixing Prices and Rigging Bids in Violation of Antitrust Laws* Argos USA LLC, a producer and seller of ready-mix concrete headquartered in Alpharetta, Georgia, was charged with participating in a conspiracy to fix prices, rig bids, and allocate markets for (...)

The Croatian Competition Authority fines a business-to-business food re-seller for imposing unfair trading practices on its suppliers but reduces the fine in light of cooperation, the company’s small size, and the company’s importance for the national island tourism sector (Jadranka trgovina)
Croatian Competition Agency (Zagreb)
Unfair Trading Practices: CCA imposes HRK 85,000 fine on Jadranka trgovina* The Croatian Competition Agency (CCA) opened three ex officio infringement proceedings against Jadranka trgovina within the meaning of the Act on prohibition of unfair trading practices in the business-to-business food (...)

The Polish Competition Authority fines manufacturer of musical equipment for resale price maintenance (Yamaha Music Europe)
Polish Competition Authority (Warsaw)
Decision of the President of UOKiK on overpricing of Yamaha musical equpiment* For 13 years, Yamaha Music Europe has been setting minimum prices for resale of musical equipment in online stores in Poland with its distributors. President of UOKiK Tomasz Chróstny imposed a fine of half a million (...)

The Croatian Competition Authority fines a food re-seller for imposing unfair trading practices on its suppliers including consistent late payment of supply invoices (Ribola)
Croatian Competition Agency (Zagreb)
Unfair Trading Practices – CCA Imposes Hrk 65,000 Fine on Ribola* The Croatian Competition Agency (CCA) opened ex officio infringement proceeding within the meaning of the Act on prohibition of unfair trading practices in the business-to-business food supply chain (UTPs Act) with the view to (...)

The Turkish Administrative Court upholds the fines imposed by the Competition Authority on two electricity sales companies for abuse of dominance and annuls it for a third company (RESCs / AYEDAŞ)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
(1) Introduction In 2018, in its Enerjisa decision, the Turkish Competition Board (“ Board ”) had imposed administrative fines amounting to a total of TRY 143 million on three retail electricity sales companies (namely AYESAŞ, BAŞKENT and TOROSLAR) (together, the “ RESCs ”) and one electricity (...)

Mergers

The Spanish Competition Authority investigates unauthorized merger operations and antitrust practices in the funeral insurance and funeral services sectors
Spanish Competition Authority (Madrid)
The CNMC investigates the possible execution of unauthorised mergers, as well as potential antitrust practices involving the funeral insurance and funeral services markets.* From 8 to 10 September, dawn raids were carried out at the headquarters of various companies active in the aboved (...)

The French Competition Authority publishes its adaptation of the time limits and procedures during the COVID-19 outbreak Free
French Competition Authority (Paris)
Adaptation of the time limits and procedures of the Autorité de la concurrence in times of health emergency* Background The Autorité specifies to businesses how the rules regarding deadlines and procedures will be adapted due to the state of health emergency. Following the adoption of the law (...)

The Irish Competition Authority uses criminal sanctions against companies for gun jumping (Armalou / Airfield)
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 procedural merger control law under the (...)

The Ontario Superior Court of Justice clarifies the Canadian Competition Authority disclosure obligations in cartel prosecutions (Nestlé Canada)
Davies Ward Phillips & Vineberg (Toronto)
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Davies Ward Phillips & Vineberg (Toronto)
Canadian Court Clarifies Competition Bureau Disclosure Obligations in Cartel Prosecutions* On February 4, 2015, the Ontario Superior Court of Justice ruled that relevant factual information proffered to the Crown in order to qualify for immunity or leniency under the Competition Bureau’s cartel (...)

Procedures

EU Court of Justice AG Bobek proposes a unified test for the protection against double jeopardy (ne bis in idem) under the EU Charter of Fundamental Rights (bpost / Nordzuck)
European Court of Justice (Luxembourg)
Advocate General Bobek proposes a unified test for the protection against double jeopardy (ne bis in idem) under the EU Charter of Fundamental Rights* That test should rely on a threefold identity: of the offender; of the relevant facts; and of the protected legal interest A Belgian and an (...)

The French Competition Authority revises its procedural notice on the method for determining fines after the transposition of the ECN+ Directive
French Competition Authority (Paris)
The Autorité de la concurrence revises its procedural notice on fines* Background The Autorité is today publishing a new procedural notice on the method for determining fines, which repeals and replaces the previous notice of 16 May 2011. This new notice was the subject of a public consultation (...)

The EU Court of Justice clarifies conditions for the granting of partial immunity under the 2006 Leniency Notice (Recylex)
Van Bael & Bellis (Brussels)
In a judgment delivered on 3 June 2021, the European Court of Justice (the “ECJ”) dismissed the appeal brought by Recylex against the judgment of the General Court which had upheld the European Commission’s (“Commission”) decision finding it and three other companies to have infringed Article 101 (...)

The UK Competition Authority lowers discount in fines for resale price maintenance leniency applicants
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 24 September 2020, the UK’s Competition and Markets Authority (“CMA”) modified its leniency guidelines so that companies that apply for leniency after the opening of a retail price maintenance (“RPM”) investigation should only expect to receive a maximum 50% discount in fines. Previously, the (...)

The Chinese State Administration for Market Regulation publishes leniency guidelines
AnJie Law (Beijing)
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AnJie Law (Beijing)
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AnJie Law (Beijing)
Highlights of the Chinese Leniency Guidelines Published by SAMR in June 2020* In June 2020, the Anti-Monopoly Bureau of the State Administration for Market Regulation (“SAMR”) published a new book, the 2019 Compilation of Antitrust Regulations and Guidelines, which contains four previously (...)

The Chinese State Administration for Market Regulation breaks new ground with book for antitrust guidelines
Hogan Lovells (Beijing)
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Hogan Lovells (Hong Kong)
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Hogan Lovells (Shanghai)
On 6 August 2020, the lid was lifted on one of China’s biggest antitrust secrets. On that day, news broke out that a new book authored by the State Administration for Market Regulation ("SAMR") featuring a compilation of antitrust rules had been launched. The compilation contains four previously (...)

The Chinese State Administration for Market Regulation publishes anti-monopoly guidelines on leniency and commitments
Jones Day (Shanghai)
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Jones Day (Beijing)
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Jones Day (Beijing)
The Anti-Monopoly Bureau of China’s State Administration for Market Regulation (“SAMR”) released four sets of long-awaited anti-monopoly guidelines. This White Paper addresses the Guidelines on Application of Leniency Program in Horizontal Monopoly Agreement Cases and the Guidelines on (...)

The Polish Competition Authority clarifies its principles for fining managers found responsible for concluding restrictive agreements
Polish Competition Authority (Warsaw)
The President of UOKiK’s principles of imposing fines on managers* Managers responsible for concluding restrictive agreements are liable to a financial fine of up to PLN 2 million. On konkurencja.uokik.gov.pl we have published explanations on the principles for determining the amount of (...)

The Lithuanian Competition Authority updates rules on fines and adopts rules on cooperation with EU counterparts
Lithuanian Competition Authority (Vilnius)
Lithuanian Competition Authority updates rules on immunity from fines or their reduction and adopts rules on cooperation with EU counterparts* In relation to the amendments to the Law on Competition adopted by the Seimas, today the Lithuanian competition authority Konkurencijos taryba has (...)

The Japanese FTC issues a draft of amendments on the calculation of fines and reformation of the leniency system and seeks comments from the public
White & Case (Tokyo)
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White & Case (Tokyo)
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White & Case (Tokyo)
On June 29, 2020, the Japan Fair Trade Commission (“JFTC”) issued a draft of amendments to relevant cabinet orders and rules (“Drafts”) in accordance with the amendments to the Anti-Monopoly Act (“AMA”) previously passed in June 2019 (“2019 AMA Amendments” or “Amendments”). The JFTC is seeking (...)

The US Congress approves the renewal and permanent extension of the Antitrust Criminal Penalty Enhancement and Reform Act
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On June 25, 2020, Congress approved the renewal and permanent extension of the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA or “the Act”), which limits the civil damages exposure of companies that cooperate with the Department of Justice (DOJ) in selfreporting their own (...)

The Lithuanian Parliament amends the Competition Act with regard to such matters as independence, resources, powers and sanctions, in line with provisions of the Directive of the EU Parliament and Council
Lithuanian Competition Authority (Vilnius)
Competition Law Amendments Will Ensure More Effective Competition Enforcement in Lithuania* Today Seimas adopted amendments to the Law on Competition which will transpose the provisions of the Directive of the European Parliament and Council into national law, ensuring uniform regulation of (...)

The US DoJ welcomes the Congressional reauthorization of the antitrust criminal penalty enhancement and reform act
US Department of Justice (Washington)
Department of Justice Applauds Congressional Passage Of Reauthorization Of The Antitrust Criminal Penalty Enhancement And Reform Act* On June 25, the U.S. House of Representatives and Senate passed identical bills, H.R. 7036 and S. 3377, to repeal the sunset provision of the Antitrust Criminal (...)

The Hong Kong Competition Authority publishes its policy on recommended pecuniary penalties for anti-competitive conduct
Hong Kong Competition Commission
Competition Commission publishes Policy on Recommended Pecuniary Penalties for anti-competitive conduct* The Competition Commission (Commission) today published a policy on recommended pecuniary penalties (Policy) for anti-competitive conduct. The Policy outlines the general principles and (...)

The Spanish Competition Authority publishes antitrust compliance programs guidelines
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
The National Competition and Markets Commission (CNMC) has published a guide on competition law compliance programs (Guide). The Guide draws on two legal developments: (i) the prohibition of contracting with public administrations in the case of companies found guilty of infringing the Spanish (...)

The Japanese FTC publishes new draft rules and guidelines establishing limited confidentiality protections for attorney-client in certain investigations
Morrison & Foerster (Tokyo)
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Morrison & Foerster (Tokyo)
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Morrison & Foerster (Tokyo)
Japan FTC Proposes New Attorney-Client Privilege Rules for Public Comment* In April 2020, Japan’s antitrust regulator, the Japan Fair Trade Commission (JFTC), issued draft rules and guidelines establishing, among other things, limited confidentiality protections for attorney-client (...)

The Dutch Competition Authority assists the French Competition Authority with dawn raids of a cartel in the apple sauce market (Coroos)
Netherlands Authority for Consumers & Markets (The Hague)
ACM AND THE FRENCH COMPETITION AUTHORITY HAVE WORKED TOGETHER IN FINING A FRENCH CARTEL* The French competition authority today imposed fines, totalling 58.3 million euros, on seven food companies for concluding anticompetitive arrangements regarding the selling of apple sauce. These companies (...)

The EU Data Protection Supervisor, the EU Commission and the EU Parliament clarify how data protection laws apply to competition investigations
McDermott Will & Emery (Paris)
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Norton Rose Fulbright (Brussels)
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McDermott Will & Emery (Brussels)
The application of the GDPR from 5 May 2018 has had a significant impact on the way companies manage their data in various areas. In the field of competition, the GDPR might well cause companies that face competition investigations to wonder whether they should provide personal data in (...)

The Canadian Competition Authority and the Public Prosecution Service jointly launch revised immunity and leniency programs
Cassels Brock (Toronto)
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Cassels Brock (Toronto)
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Cassels Brock (Toronto)
It used to be the best deal in town: participants in criminal price-fixing conspiracies could approach the Competition Bureau and receive either complete immunity or leniency in exchange for ratting out their co-conspirators. The Bureau and the Public Prosecution Service of Canada (PPSC) still (...)

The OECD holds a roundtable on leniency programmes
OECD - Competition Division (Paris)
1. Introduction 1. Detection and punishment of hard core cartels has been a priority of antitrust enforcement since many years, as they represent one of the most serious violations of competition law, harming consumers and the economy as a whole alike. However, it is difficult to detect such (...)

The UK Competition Authority issues updated guidance on the appropriate amount of penalties to be imposed for infringements of competition law
White & Case (London)
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White & Case (London)
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White & Case (Brussels)
On 18 April 2018, the Competition and Markets Authority issued updated guidance on the appropriate amount of penalties to be imposed for infringements of competition law in the UK. This replaces the previous guidance issued by the Office of Fair Trading (which the CMA replaced in 2014) and (...)

The EU Court of Justice clarifies the Hearing Officer’s scope of review regarding confidentiality requests while rejecting any special treatment of leniency applicants at the publication stage
Epex Spot (Paris)
In its confirmatory ruling issued on 26 July 2017, the EU Court of Justice (hereafter “the Court”) upheld the EU General Court ruling of 15 July 2015 which had dismissed AGC Glass group’s action against the Commission’s decision rejecting their request for confidential treatment of certain (...)

The UK Competition authority launches a consultation relating to a new proposal for handling leniency applications
Simmons & Simmons (London)
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Simmons & Simmons (London)
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Crowell & Moring (London)
On 30 June 2017, the CMA launched its consultation relating to a new proposal for handling leniency applications. The proposed guidance would make the CMA the “first point of contact” for leniency applicants, in an effort to make the existing system clearer for businesses in regulated sectors. (...)

The Austrian Supreme Court decides in favour of the Austrian Federal Competition Authority on the lawfulness of an inspection
University of Vienna
The Austrian Supreme Court decides in favour of the Austrian Federal Competition Authority concerning the lawfulness of an inspection in conjunction with Art. 22 and Art. 12 Council Regulation (EC) No 1/2003. By the judgement delivered in this present antitrust case the Supreme Court of (...)

The EU General Court confirms that the EU Commission may rely on recordings seized unlawfully by a third party in a dawn raid (Heiploeg)
Norton Rose Fulbright (Brussels)
GENERAL COURT CONFIRMS THAT THE COMMISSION MAY RELY ON LAWFULLY SEIZED RECORDINGS EVEN IF MADE UNLAWFULLY BY A THIRD PARTY* On 8 September 2016 the General Court (“GC”) dismissed Heiploeg’s appeal against the European Commission’s (“Commission”) decision in Shrimps (AT.39633) and confirmed that the (...)

The Swiss Federal Court rules on the protection of business secrets and access to files in cartel cases (Nikon)
Schellenberg Wittmer (Zurich)
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Lenz & Staehelin (Zurich)
Landmark judgments of Swiss Courts on the protection of business secrets and access to files in cartel cases* In two recent landmark judgements, Swiss Courts have provided important clarifications on the protection of business secrets and access to files in cartel cases. Harmful internal (...)

The Japanese FTC and the EU Commission announce their intention to upgrade the current antitrust co-operation agreement between Japan and the EU
Norton Rose Fulbright (Brussels)
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Norton Rose Fulbright (Brussels)
ENHANCED SHARING OF ANTITRUST EVIDENCE: NEW EU/JAPAN COOPERATION AGREEMENT* On 15 March 2016, the Japan Fair Trade Commission (JFTC) and the European Commission (Commission) announced their intention to upgrade the current antitrust co-operation agreement between Japan and the European Union. (...)

The Chinese National Development and Reform Commission releases draft antitrust guidelines on leniency and commitments for public comment
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
On 2 February 2016, the NDRC released both the draft Guideline on the Application of Leniency in Cases Involving Horizontal Monopoly Agreements (draft leniency guideline) and the draft Guideline on Commitments in Anti-Monopoly Cases (draft commitment guideline) for public comment. The public (...)

The Albanian Competition Commission approves a New Leniency Program
Electronic and Postal Communications Authority (Tirana)
The Commission of the Competition Authority during its meeting, date 17.11.2015 approved “The Leniency Program and Application Form for leniency”. This program is supported by Law no. 9121, Article 77, and date 28.07.2003 on “Competition Protection” (as amended). The program enables the Authority (...)

The European Commission publishes a far-reaching on proposals to boost the enforcement powers of national competition authorities) and to address differences between national competition enforcement systems in the European Union
Norton Rose Fulbright (Brussels)
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On November 4, the European Commission published a far-reaching consultation (the Consultation) on proposals to boost the enforcement powers of national (...)

The Hungarian Parliament adopts the new Public Procurement Act (Act CXLIII)
Baker McKenzie (Budapest)
The new Hungarian Public Procurement Act (PPA) applicable from 1 November 2015 brings fundamental changes by introducing automatic mandatory debarment from public procurement tenders as a consequence of any violation of Art. 101 TFEU or its national equivalents. This is a major change compared (...)

The Ukrainian Competition Authority adopts recommendations for a new approach to calculating fines for competition law infringements
Arzinger (Kiev)
The Antimonopoly Committee of Ukraine Adopted the Methodology for the Fines Calculation* On 15 September 2015, the Ukrainian competition authority, the Antimonopoly Committee of Ukraine (the AMCU), adopted Recommendations on approaches for calculation of fines for competition law infringements (...)

The Finnish Ministry of Employment and the Economy sets up a working group to assess the need to revise the Competition Act
Merilampi Attorneys (Helsinki)
The Finnish Ministry of Employment and the Economy (“FMEE”) has issued a decision to set up a working group to assess the need to partially revise the Competition Act (948/2010) . The FMEE’s decision was issued on 25 August 2015. The working group will be chaired by Mr. Pekka Timonen, the head of (...)

The European Commission adopts amendments to the EU antitrust procedural rules to better reflect EU Damages Directive
Baker McKenzie (Brussels)
Amendments made to the EU antitrust procedural rules to better reflect EU Damages Directive* What and when? The Commission has adopted amendments to a number of its key procedural rules in order to bring them into line with the EU Directive on Damages Actions, which was adopted in 2014 and (...)

The EU General Court follows Court of Justice’s EnBW judgement concerning the right to access documents collected by the European Commission (Axa)
Studio Legale Scoccini (Rome)
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Eversheds Sutherland (Italia)
The Axa case On the 7th of July 2015, the Third Chamber of the General Court of the European Union, issued a judgment on the right to access documents collected by the European Commission in a proceeding applying EU competition law (Articles 101 and 102 of the Treaty on the Functioning of (...)

The US Congress passes a bill that would protect employees who report suspected criminal antitrust activity to their employer or the federal government from workplace retaliation
Wolters Kluwer (Riverwoods)
Antitrust Whistleblowers Get Another Shot at Federal Protection from Retaliation by Employers* A bill is advancing through the U.S. Senate that would protect employees who report suspected criminal antitrust activity to their employer or the federal government from workplace retaliation. The (...)

The US Congress passes antitrust whistleblower protection Act
Robert Connolly Law (Palm Springs)
Should There Be an Antitrust Whistleblower Statute?* On July 22cd, the Senate passed the Criminal Antitrust Anti-Retaliation Act of 2015. The bill now goes to the House for consideration. If signed into law the Act will create for the first time whistleblower protections for employees who (...)

The EU General Court dismisses the use of the Transparency Regulation to gain access to documents exchanged between the EU Commission and a national competition authority (Union de Almacenistas de Hierros de España)
Ramón y Cajal (Madrid)
Background information On 12 May 2015 the General Court has fully rejected the action brought by Union de Almacenistas de Hierros de España (“UAHE”), a professional association, against the decision taken by the European Commission on 18 June 2013. By virtue of such decision the European (...)

The Australian Federal Court holds that in civil prosecutions, the regulator and respondent are not permitted to make joint submissions to the Court about the appropriate level of penalties that the Court may order (Director Fair Work Building Industry Inspectorate / Construction, Forestry, Mining and Energy Union)
K&L Gates (Sidney)
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Corrs Chambers Westgarth (Sydney)
CORRS in brief - Where to now for leniency/cooperation in Australia ?* On 1 May 2015, the Full Court of the Federal Court delivered its decision in Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union(CFMEU). The judgment overturned in excess of (...)

The French Competition Authority updates its leniency program
Siemens (New York)
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Patterson Belknap Webb & Tyler (New York)
The French Competition Authority Updates its Leniency Program* Last month, the French Competition Authority (“the Authority”) updated the “Procedural Notice” for its leniency program. (Click here for the 2015 version of the Notice in French and here for the 2009 version of the Notice in English.) (...)

The General Court of the European Union authorizes the Commission to communicate information submitted in support of its leniency program, through the publication of a new and more detailed version of its penalty decision in the hydrogen peroxide cartel (Akzo Nobel, Eka Chemicals)
Norton Rose Fulbright (Paris)
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French Competition Authority (Paris)
On January 28, 2015, the General Court of the European Union (General Court) authorized the European Commission (Commission) to publish a new and more detailed version of a penalty decision, including information submitted pursuant to its leniency program. This solution should cause (...)

The Irish Competition and Consumer Protection issues its new cartel immunity programme
Irish Competition Authority (Dublin)
Launch of new Cartel Immunity Programme* The Competition and Consumer Protection Commission (the Commission), in conjunction with the office of the Director of Public Prosecutions (DPP) has today released details of an improved Cartel Immunity Programme. The operation of illegal cartels in the (...)

The Romanian Parliament amends the national competition act
European Commission (Brussels)
Romania: Recent Developments in Competition Legal Framework* At the end of July 2014, Romanian Competition Law no. 21/1996 was amended to enhance the decision- making powers of the competition authority. The new provisions concern the quorum requirements and representation of board members (...)

The President of Poland approves amendments to the Polish Competition Act introducing the possibility to impose fines on the managers of companies involved in anticompetitive agreements
WKB Wiercinski Kwiecinski Baehr (Poznan)
Polish revolution – far reaching changes to Polish competition law. Part 1 – fines for individuals* On 10 June 2014, the Polish Parliament adopted a significant set of amendments to the Polish Competition Law Act (the “Act”). Having received Presidential approval on 30 June 2014, the amended Act (...)

The Hungarian Parliament adopts amendments of the Competition Act introducing new rules on merger procedures and access to file
Hungarian Competition Authority (Budapest)
Changes to the Hungarian competition rules – proceedings become more predictable* The amendments made to Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices Act (the Hungarian Competition – Tpvt.) which will enter into force on the 1st of July will constitute several (...)

The EU Court of Justice upholds the Commission’s first withdrawal of immunity for cartel whistleblower but finds the General Court failed to timely adjudicate (Deltafina / FLS Plast)
Jones Day (Brussels)
The European Court of Justice has upheld a €30 million fine against cartel whistleblower Deltafina, which was imposed following the withdrawal of Deltafina’s conditional immunity as a result of the breach of its duty to cooperate under the European Commission’s leniency program. This ruling (...)

The Polish Lower Chamber of the Parliament agrees on final amendments brought to the national competition act which inter alia will introduce a tougher enforcement regime
Greenberg Traurig Grzesiak (Warsaw)
New enforcement tools and new two-stage merger review – Poland approves far reaching amendments to competition law* On 10 June 2014 the President signed new act introducing changes to Poland’s competition law regime. The new regime, which will be implemented by amendments to the Polish Act on (...)

The Finnish Competition Authority and the Ministry of Employment and the Economy examine a report on the desirability of introducing criminal sanctions for cartel activities
Finnish Competition and Consumer Authority (Helsinki)
Report on the Criminalisation of Cartels was Presented to Stakeholders* Yesterday, the Ministry of Employment and the Economy (MEE) and the Finnish Competition and Consumer Authority (FCCA) organised at the House of the Estates an expert seminar presenting the report on extending personal (...)

The International Competition Network approves recommended practices on competition assessment, a common leniency waiver template, the updates of the anti-cartel enforcement manual and the agency practice manual and several interactive training modules
German Competition Authority (Bonn)
Annual Conference of the International Competition Network in Morocco* The 13th Annual Conference of the International Competition Network (ICN) successfully concluded last Friday, April 25. Approximately 520 participants from 90 jurisdictions, including other representatives and stakeholders (...)

The Greek Competition Commission adopts decision defining terms, conditions and procedure for accepting commitments
European Commission (Brussels)
Greece: The Competition Commission adopts Decision defining Terms, Conditions and Procedure for accepting Commitments* On 16 April 2014, the Hellenic Competition Commission (HCC) adopted Decision No. 588/2014 defining the terms, conditions and procedure for the acceptance of commitments in (...)

The EU Court of Justice dismisses the use of the Transparency Regulation to gain access to cartel-related documents held by the European Commission (EnBW Energie Baden-Württemberg)
Ramón y Cajal (Madrid)
Background information The judgment in Commission v EnBW issued by the Court of Justice ("CJEU") on 27th February 2014 may constitute a landmark case in the context of access to cartel-related documents -in particular, leniency materials- held by the European Commission ("EC") which could be (...)

The EU Court of Justice gives a clear indication that sufficiently substantiated requests for access to documents from cartel victims are a matter of public interest (EnBW)
CDC Cartel Damage Claims (Brussels)
On 9 November 2007, Energie Baden-Württemberg AG (“EnBW”) sought from the European Commission (“Commission”), on the basis of Regulation No 1049/2001 (the “Regulation”), access to all documents in the file relating to the proceeding that led to the adoption of the Gas insulated switchgear decision (...)

The EU Court of Justice upholds the Commission’s refusal to give damages claimants access to its cartel case files (EnBW)
Sullivan & Cromwell (London)
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Kirkland & Ellis (London)
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The EU Transparency Regulation has been afflicted by the law of unintended consequences. It aims to provide a legal framework for the granting of public access to (...)

The EU Parliament presents a report comprising amendments to the Commission’s legislative proposal concerning the regime of actions for damages prompted by infringements of competition law
Mircea (Bucharest)
Introduction In the beginning of the process of decentralization of the enforcement of competition law in the EU the necessity to encourage the development of private enforcement appeared to be more of a theoretical proposition than a tangible reality. Ten years after the adoption of the (...)

The Higher Regional Court of Hamm approves access to a criminal file containing a leniency application and the confidential version of a Commission’s fining decision to a civil court reviewing a damage claim against members of a cartel
Commeo (Frankfurt)
In its decision of 26 November 2013 , the Higher Regional Court of Hamm (“the Court”) had to decide whether a criminal investigation file including a leniency application submitted by a cartelist and parts of the confidential version of the European Commission’s fining decision could be disclosed (...)

Regulatory

The UK Government announces a series of proposed reforms to competition law enforcement aiming to produce a “best in class” competition regime to allow the UK to exploit post-Brexit opportunities
Hogan Lovells (London)
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Hogan Lovells (London)
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Hogan Lovells (London)
In what could herald the most significant changes to the UK competition regime in 25 years, the UK Government has announced a series of proposed reforms to UK competition law enforcement. The stated aims of the reforms are to produce a “best in class” competition regime to allow the UK to (...)

The German Federal Ministry for Economic Affairs and Energy issues an update on the reform of German competition law
Court of First Instance of Namur (Namur)
On 24 January 2020, the German Federal Ministry for Economic Affairs and Energy published an update of its draft 10th amendment to the Act against Restraints of Competition (the “ARC”), officially called the “ARC Digitization Act”. Compared to the initial draft (see VBB on Competition Law, Volume (...)

The US Assistant Attorney General Delrahim announces changes to the Justice Manual designed to incentivise antitrust compliance programs
Baker Botts (Washington)
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Baker Botts (Washington)
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Baker Botts (Washington)
On July 11, 2019, Assistant Attorney General Makan Delrahim announced changes to the Justice Manual designed to incentivize the implementation and use of antitrust compliance programs. Chief among these changes is a reversal of the Antitrust Division’s longstanding policy of refusing to (...)

The German Competition Authority publishes an annual report 2018 and a biannual activity report 2017/2018
Court of First Instance of Namur (Namur)
On 27 June 2019, the German Federal Cartel Office (“FCO”) published its annual report 2018 and biannual activity report 2017/2018. The reports include statistics on the total amounts of fines, leniency applications and merger pro-ceedings, describe the FCO’s policies and the key cases which the (...)

The Indian Competition Authority ammends its Leniency (Lesser Penalty) Regulations to include leniency applications from individuals and expand the number of "markers" that can be granted to leniency applicants
Vaish Associates Advocates (New Delhi)
CCI amends Lesser Penalty Regulations* The Competition Commission of India (“CCI”) vide a Gazette Notification (published in the Gazette of India) on August 22, 2017, (“the amendment”) has published “The Competition Commission of India (Lesser Penalty) Amendment Regulations, 2017 (No.1 of 2017), (...)

The OECD holds a roundtable on competition and the use of markers in leniency programmes
OECD - Competition Division (Paris)
Executive summary, by the Secretariat * From the background paper, the country contributions and the roundtable discussion on the Use of Markers in Leniency Programmes, the following points emerge: (1) There is a general consensus that leniency programmes play a crucial role in ensuring (...)

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