Market Sharing

Foreword Market sharing: An overview of EU and national case law

Are market sharing cartels still “an endemic feature of European business activity”? Which sectors are particularly prone to bid rigging? What are the enforcement trends in relation to market sharing cartels? The panorama that emerges from the cases in this Special Issue sheds some light on these questions. The period covered runs from 2017 to June 2023. During that period, competition authorities across Europe have uncovered a remarkable number of market sharing cartels, including bid rigging schemes. The cases lay bare several noteworthy trends and tendencies. This foreword reflects on some of these trends and the number of cases.

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University of Tokyo
Japan 15 contributions 7676 visits

Anticompetitive practices

 The Austrian Competition Authority files an application with the Cartel Court to impose a fine of €1.4M on a construction firm for bid rigging (Fröschl)
Austrian Competition Authority (Vienna)
Austria 63 contributions 7228 visits
Construction cartel update: AFCA applies to the Cartel Court to have a fine of EUR 1.4 million imposed on Fröschl* As part of its successful investigations into the construction industry, the Austrian Federal Competition Authority (AFCA) filed another application with the Cartel Court on 05. (...)

The Austrian Competition Authority files an application with the Cartel Court to impose a fine of €9.8M on a construction firm for bid rigging (Granit Group)
Austrian Competition Authority (Vienna)
Austria 63 contributions 7228 visits
Construction cartel update: AFCA applies to the Cartel Court to have a fine of EUR 9.8 million imposed on the Granit Group* As part of its successful investigations into the construction industry, the Austrian Federal Competition Authority (AFCA) filed another application with the Cartel (...)

The Turkish Competition Authority fines several undertakings operating in the production and distribution of fresh yeast for market sharing and colluding to maintain prices (Lesaffre /Pak Maya / Mauri Maya...)
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5439 visits
Investigation Concerning Undertakings Operating in the Production and/or Distribution of Fresh Yeast Concluded.* The Competition Board concluded the investigation launched with the Board Decisions dated 25.11.2021, numbered 21-57/795-M and dated 22.09.2022, numbered 22-43/627-M to determine (...)

The Turkish Competition Authority launches an investigation to determine whether certain publishing companies had intervened with the distributors’ resale prices and strategies (Baskent Ankara Yayincilik / Batuksan Education / Bilfen Publishing / Uzman Career)
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5439 visits
Investigation Launched on Başkent Ankara Yayıncılık Eğitim Hizmetleri San. ve Tic. Ltd. Sti., Batuksan Education Services and Publishing Trade. AŞ, Bilfen Publishing and Trade. AŞ and Uzman Career Bookstore Publication Distribution Education and Training Services Giyim Gıda Tic. Ltd. Sti.* (...)

The Hong Kong Competition Authority conducts a dawn raid at a public mortuary (New Territories Forensic Medicine Centre)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11385 visits
Competition Commission conducts surprise visit to New Territories (Shatin) Forensic Medicine Centre* The Competition Commission (Commission) conducted a surprise visit this morning (15 August 2023) to the New Territories (Shatin) Forensic Medicine Centre (the reprovisioned Fu Shan Public (...)

The EU Commission issues a Statement of Objections to a French fashion company and its licensee over distribution and licensing practices for clothing (Pierre Cardin / Ahlers)
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826685 visits
Antitrust: Commission sends Statement of Objections to Pierre Cardin and its licensee Ahlers over distribution and licensing practices for clothing* The European Commission has informed Pierre Cardin and its licensee Ahlers of its preliminary view that the companies may have breached EU (...)

The Swedish Competition Authority fines a temperature-controlled transport supplier for market sharing (Norrmejerier Cooperative)
Swedish Competition Authority (Stockholm)
Sweden 69 contributions 9946 visits
Temperature-controlled transport suppliers fined for prohibited cooperation* When two companies offering temperature-controlled transport divided up customers on the market between themselves, they breached the prohibition on anti-competitive cooperation between undertakings. The Swedish (...)

The UK Competition Authority provisionally fines a premier league football club up to £880k after it admitted to an anticompetitive arrangement with a sports clothing retailer which reported the arrangement under the Authority’s leniency policy (Leicester City FC / JD Sports)
Jones Day (London)
United Kingdom 3 contributions 617 visits
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Jones Day (Brussels)
Belgium 21 contributions 9556 visits
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Jones Day (Washington)
United States 4 contributions 825 visits
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The UK’s Competition and Markets Authority ("CMA") will fine Leicester City Football Club ("LCFC") up to £880k after it admitted to an anticompetitive arrangement with sports clothing retailer JD Sports, which reported the arrangement under the CMA’s leniency policy. Both LCFC and JD Sports (...)

The Polish Competition Authority conducts preliminary investigations into collusions in the market for selling farming machines
Polish Competition Authority (Warsaw)
Poland 119 contributions 21844 visits
Preliminary investigations into collusions on selling farming machines* Have farming machines of most popular brands been sold in breach of the fair competition rules? President of the Polish Competition Authority (UOKiK or Authority) has instigated three preliminary investigations into this (...)

The Hong Kong Competition Authority conducts another search for anti-competitive conduct regarding fish wholesale in Aberdeen (Aberdeen Fish Market)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11385 visits
Competition Commission conducts another search regarding fish wholesale case in Aberdeen and invites fishery industry to provide information* The Competition Commission (Commission) conducted another round of operation in its ongoing investigation codenamed “White Whale” on the morning of 20 (...)

The Hong Kong Competition Authority welcomes the fines imposed by the Competition Tribunal against three undertakings for their cartel conduct in the sale of mail inserters (Quadient / Toppan Forms / Smartech)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11385 visits
Competition Commission welcomes Tribunal’s orders in mail inserter cartel case* The Competition Commission (“Commission”) welcomes the orders granted by the Competition Tribunal (“Tribunal”) in proceedings against three undertakings for their participation in cartel conduct regarding the (...)

The Latvian Competition Authority examines employee poaching agreements from a competition law perspective
Latvian Competition Council (Riga)
Latvia 123 contributions 23836 visits
Employee poaching and competition law* In early June 2023, the poaching of employees between competing companies was raised in the public space, with a public debate on whether such practices are fair or unfair competition. As a preventive measure, the Latvian Competition Authority (...)

The Austrian Competition Authority files an application to impose a second fine on a construction company as part of the Authority’s action against a facade construction cartel (Simsek Bau / NFS Bau)
Austrian Competition Authority (Vienna)
Austria 63 contributions 7228 visits
Facade construction cartel: AFCA files application to Cartel Court for imposition of a fine of EUR 63,000 on Simsek Bau GmbH* In the course of its investigations into the facade construction sector, the Austrian Federal Competition Authority (AFCA) filed an application with the Cartel Court (...)

The Brazilian Competition Authority recommends convicting cartelists for price fixing, bid rigging, exchanging commercially sensitive information and market sharing in the nuclear power industry
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 65 contributions 18374 visits
Office of the Superintendent-General of CADE recommends convicting cartel in procurement for Angra 3 power plant services* The Tribunal of CADE is to adjudicate and give a final decision on the case. The Office of the Superintendent-General of CADE submitted for adjudication by the (...)

The Hong Kong Competition Authority commences further proceedings in the Competition Tribunal against two undertakings and one individual over an alleged cartel in the supply of air-conditioning works (ATAL Building / Johnson Controls / Mr Lee)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11385 visits
Competition Commission commences second set of proceedings concerning air-conditioning works in Competition Tribunal* As foreshadowed in the filing of a set of legal proceedings on 16 June 2022 in relation to suspected cartel conduct in the supply of air-conditioning works in Hong Kong (...)

The Dutch Competition Authority fines three egg-product companies for illegal price fixing agreements (Interovo / Wulro / Global)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35161 visits
Three egg-product companies fined for illegal price-fixing agreements* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines on three companies that purchase eggs (Interovo, Wulro and Global) for concluding illegal price-fixing agreements with regard to the purchase of (...)

The Danish Competition Authority issues a final fine for market sharing and anticompetitive pricing practices in the market for professional training (Nye Visioner)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35947 visits
Last fine for cartel co-operation within the business concept Nye Visioner* The case regarding cartel co-operation within the business concept Nye Visioner is now concluded. The company Nye Visioner v/Susanne Christtreu has accepted fine for having infringed the competition law by entering (...)

The Czech Competition Authority sanctions distributors of electronics products for colluding but reduces the penalties as part of the leniency program (Beryko / Witty)
Czech Competition Authority (Brno)
Czech Republic 47 contributions 6327 visits
THE OFFICE PUNISHES A CARTEL OF XIAOMI ELECTRONICS DISTRIBUTORS DETECTED THANKS TO THE LENIENCY PROGRAM* In its first-instance decision, the Office for the Protection of Competition (hereinafter referred to as “the Office”) imposed a fine of CZK 24,467,000 on Beryko s.r.o. for participating (...)

The Saudi Arabian Competition Authority fines 14 companies in the cement sector for price-fixing and market sharing (Arabia Cement / Riyadh Cement / Saudi Cement...)
General Authority for Competition (Riyadh)
Saudi Arabia 19 contributions 1591 visits
The General Authority for Competition announces the penalties imposed against a number of establishments operating in the cement sector for their agreement to raise cement prices* Based on the tasks of the General Authority for Competition and its competences in enforcing the competition (...)

The Hong Kong Competition Authority files the first cartel court case on the government subsidy scheme before the Competition Tribunal
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11385 visits
Competition Commission takes first cartel case relating to government subsidy scheme to Competition Tribunal* The Competition Commission (“Commission”) has today commenced proceedings in the Competition Tribunal (“Tribunal”) against four undertakings and three individuals, namely: Multisoft (...)

The Polish Competition Authority fines a bike distributor for imposing exclusive distribution agreements on dealers (Merida Bicycles)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21844 visits
A fine of almost pln 2.5 million pln for Merida Polska* For 6 years, the Merida company prohibited its distributors to sell bikes online. As a result, the market has been divided and consumers’ capabilities have been limited only to choosing the nearest traditional stores. President of UOKiK (...)

The Swiss Competition Authority investigates possible collusions in the fragrance market (Firmenich / Givaudan / International Flavors & Fragrances / Symrise)
Swiss Competition Commission (Bern)
Switzerland 3 contributions 238 visits
COMCO investigates possible collusions in the fragrance market* COMCO has indications that several undertakings active in the production of fragrances have violated cartel law. There are suspicions that these undertakings have coordinated their pricing policy, prohibited their competitors (...)

The Swiss Competition Authority initiates an investigation to asses possible collusions in the fragrance market (Firmenich International / Givaudan / International Flavors & Fragrances / Symrise)
Swiss Competition Commission (Bern)
Switzerland 3 contributions 238 visits
COMCO investigates possible collusions in the fragrance market* Berne, 08.03.2023 – The Swiss Competition Commission (COMCO) has opened an investigation in the fragrance sector. There are suspicions that producers have colluded. COMCO has indications that several undertakings active in the (...)

The US Court of Appeals for the Second Circuit reinforces that policies of a professional association may constitute direct evidence of a concerted practice without allegations of an "agreement to agree" (Relevent Sports / USSF / FIFA)
FOSS Patents (Munich)
Germany 5 contributions 2991 visits
The U.S. Court of Appeals for the Second Circuit reinforces its holding that a membership-based organization’s policy may constitute direct evidence of concerted action without allegations of an ’agreement to agree’: Relevent Sports v. United States Soccer Federation & Fédération (...)

The Portuguese Competition Authority issues a €2M fine on suppliers of electric cables for engaging in a public procurement cartel (Cabelte / Quintas & Quintas /Solidal)
Portuguese Competition Authority (Lisbon)
Portugal 117 contributions 28923 visits
AdC sanctions suppliers of electric cables for cartel in public procurement* The Portuguese Competition Authority (AdC) has sanctioned the companies Cabelte - Cabos Eléctricos e Telefónicos (Cabelte), S.A., Quintas & Quintas - Condutores Eléctricos, S.A. (Q&Q) and Solidal - (...)

The Spanish Competition Authority sanctions two platforms for conspiring to exclude drivers that operate through other intermediaries in addition to their own services (Radio Taxi Murcia / Tele Taxi Ciudad de Murcia)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30127 visits
The CNMC sanctions the cartel formed by the two main radio taxi companies in the Region of Murcia* Cooperativa Radio Taxi Murcia and Asociación Teletaxi Ciudad de Murcia agreed to penalise and even expel taxi drivers who offered their services through other platforms. Offering their services (...)

The Slovak Competition Authority fines three undertakings for engaging in bid rigging practices in the public procurements for control and maintenance of low-voltage power lines (MA-RY / Marek Kočiš / Štefan Rybovič)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5577 visits
CARTELS: AMO SR imposed fines on three undertakings for a cartel agreement in public procurements in the field of providing control and maintenance services of LV lines* On 3 February 2023 the Antimonopoly Office of the Slovak Republic, the Division of Cartels, (hereafter "the Office") (...)

The Hong Kong Competition Authority publishes a revised set of model “Non-collusion Clauses” that companies can incorporate into their procurement processes
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11385 visits
Competition Commission enhances model “Non-collusion Clauses” to strengthen protection for procurers against attempts to undermine competition* The Competition Commission (Commission) today published a revised set of model “Non-collusion Clauses” for procurers to incorporate in their (...)

The French Directorate General for Competition, Consumer Affairs and Fraud Control issues a fine of over €148K to metal recycling companies for non-compete and no-poach agreements
KU Leuven
Belgium 15 contributions 3013 visits
On 6 January 2023, the Directorate-General for Competition, Consumer Affairs and Fraud Control of the French government (DGCCRF) announced its decision to fine three metal recycling companies a total of € 148,000 for entering into non-compete and no-poach agreements in the context of a merger. (...)

The Lithuanian Competition Authority fines a professional association of real estate brokers and its members €969B for concluding no-poach and market sharing agreements (LAREA)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20217 visits
REAL ESTATE AGENCIES AGREED NOT TO COMPETE FOR CLIENTS AND EMPLOYEES* The Lithuanian competition authority Konkurencijos taryba has established that the Lithuanian Association of Real Estate Agencies (LAREA) and its 39 members agreed not to solicit each other’s clients and brokers, and thus (...)

The Italian Council of State confirms the existence of a cartel in the market for corrugated cardboard sheets and corrugated cardboard packaging but requests the Competition Authority to reformulate the fines (GIFCO)
Luiss Guido Carli University (Rome)
Italy 7 contributions 2526 visits
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Luiss Guido Carli University (Rome)
Italy 15 contributions 11343 visits
In 2019, the Italian Competition Authority (ICA) concluded an investigation and found that two separate agreements had been implemented to distort the competitive dynamics in the market for corrugated cardboard sheets and the market for corrugated cardboard packaging, respectively, in (...)

The Spanish Competition Authority initiates disciplinary proceedings against 7 companies for alleged market allocation and bid rigging in the market for food distribution to schools, nursing homes and prisons (Asesores Llangón/ Frutícolas Ateca / Hermanos Vidal...)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30127 visits
The CNMC initiates disciplinary proceedings against several food distribution companies* The CNMC is investigating the allocation of clients and the possible manipulation of tenders related to the supply of food to schools, nursing homes and prisons, among other communities. Madrid, 16 (...)

The Australian Competition Authority takes a CEO and a firm providing mining and technical services to oil and gas companies to court over market sharing and bid rigging conduct (Qteq Pty / Simon Ashton)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82550 visits
Oil and gas services company Qteq in court for alleged cartel conduct* The ACCC has today filed civil cartel proceedings in the Federal Court against mining equipment and technology services company Qteq Pty Ltd (Qteq) and its executive chairman, Simon Ashton. It is alleged that on seven (...)

The Turkish Competition Authority rejects the trademark rights defence following its re-evaluation of commitment requests by two online used-car platforms in an alleged hardcore infringement investigation (Arabam.com / Vava Cars)
ACTECON (Istanbul)
Turkey 23 contributions 3953 visits
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ACTECON (Istanbul)
Turkey 18 contributions 2993 visits
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ACTECON (Istanbul)
Turkey 3 contributions 653 visits
INTRODUCTION The Turkish Competition Authority (“TCA”) launched a full-fledged investigation (“Investigation”) against Arabam Com İnternet ve Bilgi Hizmetleri A.Ş. (“Arabam.com”), Vava Cars Turkey Otomotiv A.Ş. (“VAVA CARS”), Araba Sepeti Otomotiv Bilişim Danışmanlık Hizmetleri Sanayi ve (...)

The EU General Court dismisses an appeal in its entirety and confirms a fine of €9.44M for three retail food packaging companies which colluded to fix prices and allocate customers (CCPL)
Van Bael & Bellis (Brussels)
Belgium 28 contributions 5365 visits
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Van Bael & Bellis (Brussels)
Belgium 386 contributions 92725 visits
On 7 December 2022, the General Court dismissed the appeal brought by Consorzio Cooperative di Produzione e Lavoro, Coopbox Group and Coopbox Eastern (together, the “Applicants”) against a re-adopted Commission decision in the Retail Food Packaging cartel case (Case T-130/21, CCPL and Others v (...)

The US DoJ announces the unsealing of criminal charges against 12 individuals in a wide-ranging scheme to monopolize the transmigrante industry and extort competitors near the US-Mexico border (Martinez / Medina / Brown / Calvillo / Garcia / Caballero...)
US Department of Justice (Washington)
United States 176 contributions 74925 visits
Criminal Charges Unsealed Against 12 Individuals in Wide-Ranging Scheme to Monopolize Transmigrante Industry and Extort Competitors Near U.S.-Mexico Border* Charges Include Use of Violence, Threats and Extortion to Fix Prices, Allocate the Market and Eliminate Competition The U.S. (...)

The US District Court of Connecticut gives a ruling in a motion filed by the defendants in the aerospace’s labor market allocation case to dismiss an indictment on various grounds related to the per se rule (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Robert Connolly Law (Philadelphia)
United States 23 contributions 5077 visits
The defendants in the aerospace’s labor market allocation case, US v. Patel, No.3-21-cr-220 (D. Conn. Dec. 2, 2022) (VAB), filed a motion to dismiss the indictment on various grounds related to the application of the per se rule in a criminal trial. These grounds include: 1) the conduct (...)

The Polish Competition Authority fines a seller of security cameras and its distributors for resale price maintenance, price fixing, market sharing and obstructing an investigation (Dahua Technology)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21844 visits
Dahua Technology Poland - suspicion of collusion with distributors and a fine for hindering the search* Did Dahua Technology Poland, one of the country’s largest manufacturers of electronic monitoring equipment, enter into price collusion and divide the market together with its distributors? (...)

The Australian Competition Authority fines a crane company $1M for market sharing and anticompetitive distribution agreements (NQ Cranes)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82550 visits
NQ Cranes to pay $1 million for cartel agreement with competitor* The Federal Court has ordered that overhead crane company NQ Cranes Pty Ltd pay a $1 million penalty after NQ Cranes admitted that it had entered into an anticompetitive cartel agreement with a competitor, in proceedings (...)

The Danish Competition Authority fines five companies for cartel cooperation in the training services industry (Nye Visioner)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35947 visits
Another five companies have been fined for cartel co-operation within the business concept Nye Visioner* Five companies have admitted to having infringed the competition law by entering into agreements on pricing and sharing of costumers within the business concept Nye Visioner. The Danish (...)

The Brazilian Competition Authority fines 3 companies and 13 individuals for a cartel in the sodium silicate market (Manchester Química / Unaprosil / Perquímia)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 65 contributions 18374 visits
CADE fines over 60 million reais for a cartel in the sodium silicate market* The authority fined companies and individuals for the anticompetitive conduct In the hearing of 9 November, the Administrative Council for Economic Defense (CADE) convicted the companies Manchester Química, (...)

The US DoJ secures a criminal guilty plea from a healthcare company for conspiring to suppress the wages of school nurses (VDA OC)
White & Case (Washington)
United States 11 contributions 1660 visits
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White & Case (Washington)
United States 50 contributions 27773 visits
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White & Case (Washington)
United States 34 contributions 19276 visits
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US and Latin American antitrust authorities are also focusing on competition in labor markets, particularly when employers allegedly restrict worker mobility or limit wages and other employment benefits. In the US, the Antitrust Division obtained early victories before the US District Court (...)

The US DOJ secures a criminal guilty plea from a healthcare staffing company for a conspiracy to suppress the wages of school nurses (VDA OC)
Dechert (Washington)
United States 2 contributions 221 visits
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Dechert (Philadelphia)
United States 5 contributions 1470 visits
Key takeaways Over the past several years, U.S. antitrust agencies have renewed enforcement focus on labor issues, including agreements involving employee hiring and compensation. These include agreements by horizontal competitors to set wages and benefits or to not solicit or hire (...)

The Danish Competition Authority orders an end to customer sharing agreements between two barcode companies and promises fines are to follow (Codeex / Barcode People)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35947 visits
Barcode companies have had illegal customer sharing agreements* The Competition Council has decided that Codeex and Barcode People have violated the Competition Act in connection with an agreement on customer sharing. The Danish Competition and Consumer Authority will then continue the case (...)

The Mexican Competition Authority sanctions 18 companies and 31 executives for manipulating prices and segmenting routes in the market of land passenger transport (Autobuses Alas de Oro / Autobuses de la Piedad / Autobuses de Oriente ADO / Autobuses de Primera Clase México Zacatepec / Autobuses Estrella Blanca / Autobuses Expreso Futura)
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26257 visits
Cofece sanctions companies and executives for manipulating prices and segmenting routes in the market of land passenger transport* The fine imposed on 18 companies and 31 natural persons amounts to more than one thousand 218 million Mexican pesos. The sanctioned economic agents committed (...)

The Danish Competition Authority fines four companies for cartel cooperation within the business concept ‘Nye Visioner’ (Make Life Less Complicated & SpeakUp / Work Efficiently / Work Simple / COSMO)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35947 visits
Four companies have been fined for cartel co-operation* Four competing companies have entered into agreements on pricing and sharing of costumers within the business concept ‘Nye Visioner’. The Danish Competition Council has issued fines to the companies for the infringements. Four (...)

The New Zealand Competition Authority warns a sustainable packaging company over attempted customer allocation (Better Packaging / Rebecca Percasky)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23802 visits
Commission warns The Better Packaging Co for attempted customer allocation* The Commerce Commission has issued warnings to The Better Packaging Co Limited (Better Packaging) and one of its directors, Rebecca Percasky, following an investigation into an attempted customer allocation agreement (...)

The Polish Competition Authority presses charges for market division and price fixing against a global automobile company (Kia)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21844 visits
Selling kia cars - proceedings of the President of The Office Of Competition And Consumer Protection on price fixing* President of UOKiK Tomasz Chróstny has pressed charges on market division and price fixing to KIA Polska company, 10 dealers of its vehicles and 6 managers. Potential buyers of (...)

The Hong Kong Competition Authority revises leniency programme for cartel conduct
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11385 visits
Competition Commission revises leniency programme for cartel conduct* The Competition Commission (Commission) today published a revised Leniency Policy for Individuals Involved in Cartel Conduct (Leniency Policy for Individuals) to offer clearer guidance and enhanced incentives for (...)

The Austrian Competition Authority fines a construction cartel €26.33M for illegal price fixing, market divisions and the exchange of information with competitors for construction tenders (HABAU Group)
Austrian Competition Authority (Vienna)
Austria 63 contributions 7228 visits
Construction cartel: HABAU fine set at EUR 26.33 million* Four companies from the HABAU group of companies have admitted participating in the construction cartel and fully acknowledged the infringement. The Austrian Federal Competition Authority (AFCA) and the Federal Cartel Prosecutor had (...)

The Turkish Competition Authority investigates an online marketplace for vehicles and real estate over an alleged abuse of dominance (Sahibiden)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81307 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 2 contributions 713 visits
The Turkish Competition Authority has continued its investigations into alleged anti-competitive practices in digital markets. This time, the Competition Board (the Authority’s decision-making body) has launched a fully fledged investigation against Sahibinden Bilgi Teknolojileri Paz ve Tic (...)

The Austrian Competition Authority applies to fine the first company in its investigation of the facade construction industry for price fixing, market sharing, and exchange of competitively sensitive information (NFS Bau)
Austrian Competition Authority (Vienna)
Austria 63 contributions 7228 visits
Facade construction: AFCA files application to have first company fined* In the course of its investigations into the facade construction industry, the Austrian Federal Competition Authority (AFCA) filed its first application with the Cartel Court on 25 August 2022 to fine one of the (...)

The Brazilian Competition Authority finds three companies guilty of cartel activity in the distribution and resale of LP gas (Nacional Gás Butano Distribuidora / Revendedora de Gás da Paraíba / Frazão Distribuidora de Gás)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 65 contributions 18374 visits
CADE finds three companies guilty of cartelisation in the distribution and resale of LP gas* Fines reach over BRL 600 million On 3 August, the Administrative Council for Economic Defense (CADE) found the companies Nacional Gás Butano Distribuidora, Revendedora de Gás da Paraíba, and Frazão (...)

The Polish Competition Authority initiates antitrust proceedings against a computer manufacturer for market allocation (Dell)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21844 visits
DELL - Charges by president of UOKIK* The President of UOKiK has initiated antitrust proceedings against Dell Sp. z o.o. The entrepreneur may have concluded a competition-restricting agreement with its authorised dealers and distributors. This is subject to a fine of up to 10 percent of the (...)

The Austrian Competition Authority applies to the Cartel Court to review its ruling on a recent construction cartel following new evidence which may vitiate the award of leniency (STRABAG)
Austrian Competition Authority (Vienna)
Austria 63 contributions 7228 visits
Construction cartel: AFCA applies for review of STRABAG decision by Cartel Court* By decision of 21.10.2021 (27 Kt 12/21y), the Cartel Court imposed a fine of EUR 45.37 million on two companies of the STRABAG Group (STRABAG) for infringement of section 1 (1) of the Austrian Cartel Act (...)

The Danish Competition Authority adopts a decision concerning market sharing between members of an association of undertakings in the market for home textiles (Boligtextilbranchens Indkøbsservice)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35947 visits
The Danish Competition Council has adopted a decision concerning market sharing between members of an association of undertakings* On June 22 2022 the Danish Competition Council (DCC) adopted a decision concerning Boligtextilbranchens Indkøbsservice A.M.B.A. (Botex). In the decision, it is (...)

The Spanish High Court overturns the Competition Authority’s €46M fine against two security undertakings for market sharing and price fixing (Prosegur / Loomis)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46239 visits
In 2016 the CNMC fined Prosegur for a single and continous infringement contrary to Articles 1 of the Spanish Competition Act and 101 TFEU. These companies allegedly shared the market, fixed prices and exchanged sensitive commercial information for seven years in the transport and handling of (...)

The Brazilian Competition Authority imposes a large fine on two HDPE pipe manufacturers and three individuals for market sharing, bid rigging and price fixing (Brastubo / Poly Easy)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 65 contributions 18374 visits
CADE convicts cartel members in the Brazilian market of pipes and fittings* The authority convicted Brastubo, Poly Easy, and three individuals to pay fines amounting to BRL 33.1 million On 27 April 2022, the Administrative Council for Economic Defense (CADE) convicted the firms Brastubo (...)

The Hong Kong Competition Authority welcomes the Court of Appeal’s ruling which upheld the fines that it had imposed on five companies for market sharing and price fixing in the public housing industry
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11385 visits
Competition Commission welcomes Court of Appeal ruling on pecuniary penalties* The Competition Commission (“Commission”) welcomes the judgment (“Judgment”) handed down by the Court of Appeal today (2 June) in relation to appeals lodged by the Commission against pecuniary penalties imposed by (...)

The Hong Kong Court of Appeal issues a judgement which finds housing contractors fully liable for price fixing and market sharing
Hogan Lovells (Beijing)
China 2 contributions 347 visits
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Hogan Lovells (Beijing)
China 81 contributions 19909 visits
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Hogan Lovells (Hong Kong)
Hong Kong 3 contributions 1236 visits
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On 2 June 2022, the Hong Kong Court of Appeal (“Court”) handed down a judgment almost doubling the financial penalties imposed by the Competition Tribunal (“Tribunal”) on five respondents in two decisions. The Tribunal had earlier found the respondents to have contravened the Competition (...)

The Turkish Competition Authority imposes administrative monetary fines on two companies for customer allocation following a leniency application, despite two dissenting opinions underlining the necessity for an effects-based analysis (Transorient / Tunaset)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81307 visits
The Turkish Competition Board (“Board”) imposed administrative monetary fines against Transorient Uluslararası Taşımacılık ve Ticaret A.Ş. (“Transorient”) and Tunaset Biofarma Lojistik Hizmetleri A.Ş. (“Tunaset”) for engaging in anticompetitive customer allocation agreements, while Biopharma (...)

The Croatian Competition Authority fines four companies for bid rigging in public procurement for food delivery (Agro-Vir / Agrodalm / Diljexport / Marino Lučko)
Croatian Competition Agency (Zagreb)
Croatia 2 contributions 861 visits
a) Key points and main facts of the case The CCA in its decision from 28 April 2022 found that the undertakings Agro-Vir d.o.o., Agrodalm d.o.o. and Diljexport d.o.o. Zagreb, in the period from 4 June 2012 to to 1 January 2014 and undertaking Marino-Lučko d.o.o. in the period from 1 (...)

The French Competition Authority states objections against two companies in the outdoor advertising sector
French Competition Authority (Paris)
France 743 contributions 395710 visits
The general rapporteur of the Autorité de la concurrence has stated objections to two companies in the outdoor advertising sector* The companies in question are criticised for having concluded and implemented, in the outdoor advertising sector, an agreement to share upstream markets, in (...)

The US District Court for the District of Colorado enters a federal jury’s acquittal in a first-of-its-kind criminal case against a company and its CEO for no-poach agreements with rivals (DaVita / Thiry)
McDermott Will & Emery (Chicago)
United States 4 contributions 2027 visits
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McDermott Will & Emery (Washington)
United States 9 contributions 4587 visits
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McDermott Will & Emery (Chicago)
United States 3 contributions 760 visits
In a landmark case of first impression, the US Department of Justice’s (DOJ) Antitrust Division (Division) indicted and brought to trial a federal criminal prosecution alleging agreements between DaVita, Inc., its former CEO Kent Thiry and other companies not to solicit each other’s employees. (...)

The Turkish Competition Authority conducts a hearing as part of an investigation into three healthcare companies for market sharing (Biopharma Logistics / Transorient / Tunaset Biofarma Lojistik)
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5439 visits
Hearing for the investigation concerning Biopharma Logistics Uluslararası Taşımacılık Sanayi ve Ticaret A.Ş., Transorient Uluslararası Taşımacılık ve Ticaret A.Ş. and Tunaset Biofarma Lojistik Hizmetleri A.Ş. To be held on May 17, 2022 (12.4.2022) (20.4.2022)* The investigation conducted (...)

The Hungarian Competition Authority fines three construction companies for market sharing and price fixing (Ponty-Poronty / Operon / Építő Szolgáltató)
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 19137 visits
The GVH imposed fines for involvement in a public procurement cartel * 31 March 2022, Budapest – The Hungarian Competition Authority (GVH) fined three construction companies HUF 42.8 million for market sharing and price fixing. The undertakings tried to acquire a public investment in Baja (...)

The Swiss Federal Supreme Court rules that agency privilege will not protect firms from liability for exclusivity agreements partitioning the domestic market (Les Editions Flammarion)
Lenz & Staehelin (Geneva)
Switzerland 7 contributions 40927 visits
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Lenz & Staehelin (Zurich)
Switzerland 11 contributions 2480 visits
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Lenz & Staehelin (Zurich)
Switzerland 1 contribution 40 visits
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The Federal Supreme Court published its judgment regarding Les Editions Flammarion SA in the book market case and excludes the application of the agency privilege to exclusivity clauses partitioning the Swiss market. Investigation of the French-language book market Following an (...)

The Supreme People’s Court of China issues a judgment which finds that a patent settlement agreement constitutes a horizontal monopoly agreement in violation of the Anti-Monopoly Law (Huaming / Taipu)
Ashurst (Singapore)
Singapore 14 contributions 16272 visits
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Ashurst (Abū Dhabī)
United Arab Emirates 5 contributions 2201 visits
The Supreme People’s Court of China (’SPC’) issued a judgment on 21 March 2022 which found that a patent settlement between Shanghai Huaming Power Equipment Manufacturing (’Huaming’) and Wuhan Taipu Transformer Switch (’Taipu’) constituted a horizontal monopoly agreement in violation of (...)

The Italian Competition Authority fines three regional providers of public sector uniforms €36K for bid rigging (Galleria / Gim / Orsi)
Municipality of Cagliari
167 contributions 133296 visits
The Italian Competition Authority finds a bid rigging practice in the market for professional clothing* The Italian Competition Authority (ICA) has recently closed its antitrust enquiry opened in the Professional Work Wear case issuing an infringement decision. It found three suppliers of (...)

The US DoJ announces a joint initiative with the FBI to deter and prosecute those who would exploit supply chain disruptions due to COVID-19 to engage in collusive conduct
Hogan Lovells (Washington)
United States 10 contributions 3567 visits
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Hogan Lovells (Washington)
United States 6 contributions 2815 visits
On 17 February, the Department of Justice (DOJ) Antitrust Division (Antitrust Division) announced that it is launching a joint initiative with the Federal Bureau of Investigation (FBI) to “deter and prosecute those who would exploit supply chain disruptions to engage in collusive conduct.” (...)

The UK Competition Authority initiates proceedings in the High Court seeking the disqualification of seven directors in connection with its decision on illegal market sharing arrangements for the supply of Prochlorperazine tablets (Alliance Pharmaceuticals / Focus / Lexon / Medreich)
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8902 visits
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Herbert Smith Freehills (London)
United Kingdom 3 contributions 626 visits
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Herbert Smith Freehills (London)
United Kingdom 59 contributions 21075 visits
Through a pattern of recent enforcement action, the UK Competition and Markets Authority ("CMA") has sent a clear message to business: it will not hesitate to hold senior management personally liable for competition law infringements. As a matter of policy the CMA is increasingly determined to (...)

The Indian Competition Authority fines 7 advertising enterprises for bid rigging and geographical market allocation (Diamond Display Solutions / AGX Retail Solutions / Opal Signs / Avery Dennison / Amreesh Neon / Macromedia Digital Imaging / Hith Impex)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8420 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10262 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10328 visits
KEY POINTS Actual participation in the tender is not a mandatory for a finding of bid rigging in terms of the Act. the absence of loss to the tendering authority due to alleged conduct does not rebut the presumption of an appreciable adverse e-ect on competition (“AAEC”). BRIEF FACTS (...)

The South African Competition Authority takes motor vehicle finance institutions to the competition tribunal on allegations of collusion (Firstrand / Wesbank / Toyota Financial Services)
Primerio (Johannesburg)
South Africa 4 contributions 531 visits
South Africa: Motor vehicle finance institutions referred to the Competition Tribunal for alleged collusion* On 3 February 2022, the South African Competition Commission (“SACC”), released a press statement confirming that the SACC has made a referral to the Competition Tribunal (“Tribunal”) (...)

The Danish Competition Authority fines four more nightclubs for participating in a market sharing cartel (Disco Cartel)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35947 visits
Four more nightclubs are fined for market sharing agreement* In December 2021 a large number of nightclubs and their jointly owned purchasing company accepted to pay fines for infringing the Danish Competition Act. Now four more nightclubs have accepted fines. The infringements for the (...)

The Turkish Competition Authority concludes an investigation on price and market sharing antitrust infringements by a broadcasting company (Krea İçerik Hizmetleri)
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5439 visits
Investigation concerning Krea İçerik Hizmetleri ve Prodüksiyon AŞ concluded (20.1.2022) (21.1.2022)* The investigation which was initiated upon the claim that Krea İçerik Hizmetleri ve Prodüksiyon A.Ş. (Digiturk), through its pricing conduct related to commercial packages including Turkish (...)

The Canadian Competition Authority fines a national construction company $761,967 after it pleaded guilty in a Toronto condo refurbishment bid-rigging scheme (CPL Interiors)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10699 visits
CPL Interiors fined $761,967 after pleading guilty in GTA condo refurbishment bid-rigging scheme* Construction company CPL Interiors Ltd. was fined $761,967 today after pleading guilty before the Ontario Superior Court for its role in a criminal bid-rigging conspiracy. The bid-rigging scheme (...)

The Canadian Competition Authority fines interior company $750,000 for participating in criminal bid-rigging (CPL Interiors)
Steve Szentesi Law Professional Corporation
France 55 contributions 14440 visits
CPL Interiors Fined More Than $750,000 In Toronto Condo Refurbishment Bid-Rigging Case* On January 17, 2021, Canada’s Competition Bureau (Bureau) announced that CPL Interiors Ltd. (CPL) was fined $761,967 after pleading guilty before the Ontario Superior Court for participating in a criminal (...)

The Polish Competition Authority fines 6 truck dealers and 8 managers for concluding agreements that limit competition (Trucks Cartel)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21844 visits
Truck dealer cartels - two decisions of the UOKiK President* UOKiK President Tomasz Chróstny issued two decisions concerning agreements limiting competition between truck dealers. Purchasers of these vehicles have not had a free choice of dealer for many years and have paid inflated prices. (...)

The Norwegian Competition Tribunal agrees with the Competition Authority that providers of security products have behaved collusively by sharing sensitive information and market partitioning, accordingly the tribunal upholds a substantial fine (Verisure / Sector Alarm)
Norwegian Competition Authority (Bergen)
Norway 32 contributions 3952 visits
Final judgment in the Verisure case* Verisure has paid the fine of NOK 766 million for illegal cooperation with the competitor Sector. Verisure has decided not to appeal the decision, which means that the case is now final on behalf of the Norwegian Competition Authority. On 25 November (...)

The Hellenic Competition Authority issues a settlement decision on the investigation into the ferry connection market of the port of Igoumenitsa with the island of Corfu
Hellenic Competition Commission (Athens)
Greece 128 contributions 17309 visits
Settlement Procedure: Decision on the ex-officio investigation in the ferry connection market of the port of Igoumenitsa with the island of Corfu (HCC 759/2021) Decision on the ex-officio investigation in the ferry connection market of the port of Igoumenitsa with the island of Corfu, for (...)

The Polish Competition Authority investigates potential bid-rigging and market sharing in the supply of IT systems to the healthcare sector (Asseco Poland / Comarch Healthcare / Bestprojects)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21844 visits
BID-RIGGING? INVESTIGATION AND SEARCHES* Does the supply of hospital information systems violate the competition law? President of UOKiK Tomasz Chróstny has initiated an investigation into the matter, and UOKIK employees, with the consent of the court, have conducted searches at the (...)

The Spanish High Court quashes the Competition Authority’s fine against a railway company for market sharing, price fixing and exchanging sensitive commercial information in the supply of railway switches (JEZ Sistemas Ferroviarios)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46239 visits
The High Court, by Judgement of 27 December 2021 upheld the appeal filed by JEZ Sistemas Ferroviarios, S.L. (JEZ) against the Decision of the National Markets and Competition Commission (CNMC) of 30 June 2016, INFRAESTRUCTURAS FERROVIARIAS, file S/0519/14 (CNMC Decision). The CNMC Decision (...)

The Danish Competition Authority fines 22 nightclubs for market sharing agreement (Disco Cartel)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35947 visits
Nightclubs are fined for market sharing agreement* A large number of nightclubs and their jointly owned purchasing company have agreed not to open nightclubs in each other’s towns or within a radius of 20 kilometres from one another. The nightclubs have accepted to pay fines for infringing (...)

The Mexican Competition Authority issues warning against collusive practices during the holidays
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26257 visits
In light of December shopping season, COFECE warns companies to avoid carrying out collusive practices* Establishing prices with competitors is prohibited by the competition law and implies the imposition of both economic and criminal sanctions. Economic agents that participate or have (...)

The Polish Competition Authority orders a fitness firm to introduce measures to increase competition in the sport and recreation package market (Benefit Systems)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21844 visits
DECISION OF THE PRESIDENT OF UOKIK – OBLIGATION OF BENEFIT SYSTEMS* President of UOKiK Tomasz Chróstny obliged Benefit Systems, the operator of Multisport cards, to introduce measures to increase the level of competition in the fitness industry. The Company is expected to take steps to foster (...)

The Norwegian Competition Appeal Tribunal upholds the Competition Authority’s decision imposing a fine on two companies for restricting competition in the retail market for alarm services (Verisure / Sector Alarm)
Norwegian Competition Authority (Bergen)
Norway 32 contributions 3952 visits
Verisure’s appeal dismissed* The Competition Tribunal has upheld the Competition Authority’s decision finding that Verisure has violated the Competition Act by coordinating illegally with Sector Alarm, and that the conduct at issue constituted a restriction of competition by object. The (...)

The French Competition Authority initiates proceedings against two shipping companies for suspected collusion and market sharing (P&O Ferries / DFDS)
French Competition Authority (Paris)
France 743 contributions 395710 visits
Cross-Channel freight transport: the General Rapporteur states that two shipping companies have been notified of objections* The General Rapporteur of the Autorité de la concurrence states that objections have been notified this week in the short sea cross-Channel freight shipping sector. (...)

The Hong Kong Competition Authority files a suit against three mailing equipment companies for their participation in cartel conduct regarding the sale of inserters (Quadient / Toppan Forms / Smartech)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11385 visits
Competition Commission takes inserter cartel case to Competition Tribunal* First case to be fully resolved under the Commission’s Cooperation and Settlement Policy The Competition Commission (“Commission”) has today commenced proceedings in the Competition Tribunal (“Tribunal”) against (...)

The Australian Competition Authority secures a guilty plea from a pharmaceutical company for participating in a cartel (Alkaloids)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82550 visits
Pharmaceutical ingredient company pleads guilty to criminal cartel charges* Alkaloids of Australia Pty Ltd, a company which produces a pharmaceutical ingredient used in anti-spasmodic medication, has today pleaded guilty to criminal cartel conduct in Sydney’s Downing Centre Local Court. (...)

The Indian Competition Authority closes an investigation into an alleged cartel conduct by road construction firms (Uttar Pradesh Road Construction Cartel)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10262 visits
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Samvad Partners (Mumbai)
76 contributions 7162 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10328 visits
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KEY POINTS Mere commonality of ownership of participating firms is not sucient to conclude bid rigging in the absence of any material indicating collusion. BRIEF FACTS Based on an audit report by Comptroller and Auditor General (“CAG”) on construction management in road works in Uttar (...)

The Australian Competition Authority secures a guilty plea from a former export manager of a pharmaceutical ingredient company for participating in cartel activities (Alkaloids / Christopher Kenneth Joyce)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82550 visits
Former export manager of pharmaceutical ingredient company pleads guilty to criminal cartel charges* Christopher Kenneth Joyce, the former export manager of pharmaceutical ingredient company Alkaloids of Australia Pty Ltd, has today pleaded guilty to criminal cartel conduct in Sydney’s (...)

The Turkish Competition Authority accepts for the first time in the preliminary investigation stage commitments proposed by a glass manufacturing company to remedy competition concerns relating to an abuse of dominance in the glass production market (Şişecam)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81307 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 1977 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 7 contributions 2322 visits
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The Turkish Competition Board (“Board”) decided that Şişecam, through its subsidiary Çevre Sistemleri, has abused its dominant position in the market for glass manufacturing, by way of excluding its competitors in the upstream market for recycled glass, utilized its buyer power to narrow the (...)

The US DoJ secures new guilty pleas from two Belgian former security services executives in an ongoing investigation into bid rigging in national defense procurement contracts (Bart Verbeeck / Robby Van Mele / G4S Secure Solutions)
US Department of Justice (Washington)
United States 176 contributions 74925 visits
Former Security Services Executives Plead Guilty to Rigging Bids for Department of Defense Security Contracts* Two former employees of G4S Secure Solutions NV (G4S NV), pleaded guilty today to criminal antitrust charges stemming from their involvement in a conspiracy to rig bids, fix prices, (...)

The Danish Eastern High Court upholds a decision by the City Court of Roskilde and fines an electric utility company for market sharing (Sydkystens Automatik)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35947 visits
High Court upholds fine for Electrician Company in competition case on market sharing* The Danish Eastern High Court has upheld a December 2020 decision by the City Court of Roskilde and has sentenced the company Sydkystens Automatik to pay a fine of DKK 400.000 (€ 53.800) in a competition (...)

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

The US DoJ and FTC issues a joint statement to preserve competition in post-hurricane relief efforts
US Department of Justice (Washington)
United States 176 contributions 74925 visits
Justice Department and Federal Trade Commission Issue Joint Statement to Preserve Competition in Post-Hurricane Relief Efforts* The Department of Justice’s Antitrust Division and the Federal Trade Commission (FTC) today issued a joint statement detailing antitrust guidance for businesses (...)

The Brazilian Competition Authority issues practical guidelines to help officials prevent and detect anticompetitive practices in public procurement
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 65 contributions 18374 visits
CADE launches practical guidelines to help procurement officials prevent and detect cartels in public procurement* The documents lists strategies of collusion between companies, red flags of collusive conduct, and recommendations on how to prevent these unlawful practices in tenders On 3 (...)

The New Zealand Competition Authority issues an anti-collusion reminder to businesses supplying essential services during the COVID-19 pandemic
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23802 visits
Commission issues anti-collusion reminder to businesses supplying essential services* The Commerce Commission is reminding all businesses supplying essential services in the current nationwide COVID-19 lockdown of their obligations under the Commerce Act. The Commission recognises that the (...)

The Brazilian Competition Authority recommends the conviction of cartel members in tenders of orthoses, prostheses, and medical devices (Biotronik Comercial Médica / Boston Scientific do Brasil / Medtronic Comercial / St. Jude Medical Brasil)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 65 contributions 18374 visits
CADE’s Office of the General Superintendent recommends the conviction of cartel members in tenders of orthoses, prostheses, and medical devices* Together, the collusive firms controlled the entire market of implantable cardiac pacemakers used in heart disease treatments On 24 August, CADE’s (...)

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

The Singaporean Competition Authority issues a new general guidance note to provide businesses with more clarity on common horizontal, vertical and lateral collaborations between competitors in response to the COVID-19 pandemic
Baker McKenzie (Singapore)
Singapore 3 contributions 2947 visits
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Baker McKenzie (Singapore)
Singapore 5 contributions 2823 visits
CCCS proposes general guidance on common collaborations between competitors Unlike the lapsed COVID-19 Guidance Note, the new Business Collaboration Guidance Note would apply to all types of products and services, and would not have an expiry date. The Competition and Consumer Commission (...)

The Portuguese Competition Authority issues a statement of objection to seven companies for taking part in a cartel in public tenders in the market for surveillance and security services (Gália / Comansegur / Grupo 8 / Prestibel...)
Portuguese Competition Authority (Lisbon)
Portugal 117 contributions 28923 visits
AdC issues Statement of Objections to seven companies for taking part in a cartel in public tenders* The AdC issued a Statement of Objections to the companies 2045/Gália, Comansegur, Grupo 8, Prestibel, Prosegur, Securitas and Strong Charon for bid-rigging in public tenders for the provision (...)

The UK Competition Authority imposes a fine of £260M on hydrocortisone suppliers for charging excessive and unfair prices to the National Health Service (Auden Mckenzie / Actavis)
Van Bael & Bellis (Brussels)
Belgium 19 contributions 7633 visits
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Van Bael & Bellis (Brussels)
Belgium 53 contributions 22899 visits
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Van Bael & Bellis (Brussels)
Belgium 154 contributions 52740 visits
On 15 July 2021, the CMA imposed fines of more than £260 million on the hydrocortisone tablet suppliers, Auden Mckenzie and Actavis (now named Accord-UK), for charging excessive and unfair prices and for paying potential rivals to remain out of the market (see CMA Press Release). CMA Chief (...)

The Paris Court of Appeal significantly reduces the fines imposed on French food companies for their involvement in a price fixing, output restriction, and market sharing cartel (Cap endives / Groupe Perle du Nord)
European Commission - DG COMP (Brussels)
Belgium 15 contributions 3358 visits
On 1 July 2021, the Paris Court of Appeal largely confirmed an earlier decision of the French Competition Authority (“FCA”) finding that French endive producers’ organisations and associations had infringed Article 101 TFEU, but significantly reduced the amount of the fines imposed on them due (...)

The Spanish Commercial Court of Granada grants the first €1.8M award for damages in a milk cartel case (Corporación Alimentaria Peñasanta / Puleva Food / Central Lechera de Galicia)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46239 visits
By Decision of 26 February 2015, INDUSTRIAS LACTEAS, file S/0425/12, the CNMC declared the existence of a cartel in the dairy industry, sanctioning several dairy companies for having reached agreements on purchase prices and distribution of supply sources, allowing the companies total control (...)

The Spanish Competition Authority fines a cartel formed by multiple passenger transport companies in Cantabria (Anfersa Adaptado / Buses Benito / Autocares Mariano)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30127 visits
The CNMC sanctions two cartels formed by passenger transport companies in Cantabria.* They affected passenger transport services by road in this autonomous community, both regular and discretionary, and especially school transport. The investigation of the cartels constitutes one of the CNMC’s (...)

The Spanish and Portuguese Competition Authorities carry out simultaneous investigations into possible market-sharing arrangements in the supply of business information databases
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30127 visits
CNMC and the Autoridad da Concorrência (AdC) carry out simultaneous investigations into possible anti-competitive practices in Spain and Portugal* The inspections concern companies that market subscriptions to databases with business information. Both authorities analyse possible (...)

The Polish Competition Authority initiates a preliminary investigation into an alleged anticompetitive agreement by a car manufacturer and its dealers (Kia)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21844 visits
Collusion by Kia car dealers? Preliminary investigation and searches by UOKiK* Are Kia cars sold in breach of competition law? President of the Office of Competition and Consumer Protection Tomasz Chróstny initiated a preliminary investigation into the matter, Office employees conducted (...)

The Mexican Competition Authority initiates an investigation into the competition conditions in the national distribution of liquefied petroleum gas
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26257 visits
COFECE initiates an investigation to determine the existence of competition conditions in the distribution of liquefied petroleum gas at the national level* Shall the absence of effective competition conditions be detected, the Energy Regulatory Commission, as authority of the sector, could (...)

The High Court of Catalonia annuls the Catalan Competition Authority’s decision to fine a professional association of tour guides for price fixing and market allocation (Professional Association of Tour Guides of Catalonia)
Baker McKenzie (Barcelona)
Spain 3 contributions 209 visits
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Baker McKenzie (Madrid)
Spain 34 contributions 25323 visits
On April 2021, the Tribunal Superior de Justicia de Cataluña (High Court of Catalonia, the “High Court”) annulled an infringement decision (the “Decision”) issued by the Autoridad Catalana de la Competencia (Catalan Competition Authority, the “CCA”) on July 2018 against the Asociación (...)

The EU Commission fines three railway companies €48M for market sharing (OBB / DB / SNCB)
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826685 visits
Antitrust: Commission fines three EU railway companies €48 million for customer allocation cartel* The European Commission has fined railway companies Österreichische Bundesbahnen (ÖBB), Deutsche Bahn (DB) and Société Nationale des Chemins de fer belges / Nationale Maatschappij der Belgische (...)

The EU Commission imposes fines totalling €48M on 3 railway companies for participating in a cross-border customer allocation cartel (ÖBB / DB / SNCB)
McDermott Will & Emery (Brussels)
Belgium 43 contributions 7581 visits
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McDermott Will & Emery (Paris)
France 134 contributions 66062 visits
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McDermott Will & Emery (Paris)
France 32 contributions 7529 visits
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On 20 April 2021, the EC issued its settlement decision by which it fined Deutsche Bahn (DB) and Société Nationale des Chemins de fer belges/Nationale Maatschappij der Belgische Spoorwegen (SNCB) a total of approximately EUR 48 million for participating in a cross-border customer allocation (...)

The EU Court of Justice upholds the Commission’s fine and affirms that a parent company may be held jointly and severally liable for allocating markets and customers, price fixing, bid rigging and sharing commercially sensitive information (Italmobiliare)
McDermott Will & Emery (Paris)
France 32 contributions 7529 visits
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McDermott Will & Emery (Paris)
France 28 contributions 3990 visits
On 24 June 2015, the EC fined 10 manufacturers of retail food packaging trays a total of EUR 115.8 million for having participated in a single and continuous infringement consisting of five separate cartels aimed at fixing prices, allocating customers and markets, bid-rigging and exchanging (...)

The Hungarian Competition Authority reduces the fine it imposed on four regional newspaper publishers for market sharing (Axel Springer / Russmedia / Lapcom Kiadó)
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 19137 visits
The GVH recalculated the cartel fine imposed on newspaper publishers due to a court order* The Hungarian Competition Authority (GVH) – in accordance with court decisions adopted in appeal proceedings – has reduced the competition supervision fine imposed on regional newspaper publishers in (...)

The US DOJ indicts a healthcare staffing company for collusion to suppress wages of school nurses (VDA OC)
US Department of Justice (Washington)
United States 176 contributions 74925 visits
Health Care Staffing Company and Executive Indicted for Colluding to Suppress Wages of School Nurses* Alleged allocation and wage-fixing scheme targeted nurses staffed at the Clark County School District who were serving medically fragile students. A federal grand jury in Las Vegas, (...)

The French Competition Authority fines three sandwich makers for creating a cartel (Roland Monterrat / La Toque Angevine / Daunat)
Vaillant Group (Paris)
22 contributions 3366 visits
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Huawei Technologies (Boulogne-Billancourt)
France 12 contributions 2713 visits
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 (...)

The French Competition Authority fines three industrial sandwich manufacturers €24.5M for an anticompetitive agreement (Roland Monterrat / La Toque Angevine / Daunat)
French Competition Authority (Paris)
France 743 contributions 395710 visits
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 Italian Council of State refers the appeal of a pharmaceutical company to the EU Court of Justice for the second time (Avastin / Lucentis)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5470 visits
On 18 March 2021, the Italian Supreme Administrative Court (“Consiglio di Stato” or “CdS”) wrote a new episode in the long-lasting Hoffman La Roche - Novartis saga related to the Avastin drug, which may have serious repercussions on the relationship between EU and national judges. To (...)

The Italian Council of State refers a case involving an anti-competitive arrangement concerning the sale of eye medication for the second time to the EU Court of Justice (Avastin / Lucentis)
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22899 visits
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Van Bael & Bellis (Brussels)
Belgium 19 contributions 7633 visits
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Van Bael & Bellis (Brussels)
Belgium 154 contributions 52740 visits
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1. Background of Case On 18 March 2021, the Italian highest administrative court, the Consiglio di Stato (the CS), decided to refer a case under its review for the second time to the Court of Justice of the European Union (CJEU) pursuant to Article 267 TFEU. The case finds its origin in a (...)

The Italian Council of State refers to the EU Court of Justice an antitrust appeal questioning the Court’s jurisdiction and the validity of its revocation rules (Avastin / Lucentis)
Herbert Smith Freehills (Milan)
Italy 7 contributions 29710 visits
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Herbert Smith Freehills (Brussels)
Belgium 44 contributions 17692 visits
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Herbert Smith Freehills (Brussels)
Belgium 16 contributions 5099 visits
On 18 March 2021, the Italian Administrative Highest Court (Consiglio di Stato) referred a case to the CJEU for a preliminary ruling regarding a request for revocation of its judgment with regard an antitrust infringement by Novartis-Roche. The CJEU has been asked to rule on whether the (...)

The Slovak Competition Authority issues a commitments decision against a digital equipment retailer in relation to a possible vertical agreement restricting competition (HP)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5577 visits
AMO SR issued a commitments decision against the company HP Inc Slovakia, s.r.o., in relation to a possible vertical agreement restricting competition* The Antimonopoly Office of the Slovak Republic, the Division of Abuse of Dominant Position and Vertical Agreements, (hereafter "the Office”) (...)

The Romanian Competition Authority carries out an investigation in the medical waste market
Romanian Competition Council (Bucharest)
Romania 160 contributions 27972 visits
The Competition Council carries out an investigation on medical waste market* The Competition Council carries out an investigation into a possible anti-competitive behavior of some undertakings operating in the market of medical waste treatment and disposal services in Romania. The (...)

The Mexican Competition Authority notifies economic agents of a statement of probable responsibility for a possible collusion in hygiene products manufactured with cellulose
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26257 visits
COFECE notified economic agents of a statement of probable responsibility for a possible collusion in hygiene products manufactured with cellulose* With this notification, the trial-like procedure begins, in which the economic agents will be able to defend themselves against the allegations (...)

The Finnish Competition Authority proposes a €22M penalty to the Market Court against six companies for price fixing in the real estate management sector
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12577 visits
FCCA proposes that EUR 22 million in penalty payments be imposed for a price cartel on companies in real estate management and the Finnish Real Estate Management Federation* The Finnish Competition and Consumer Authority (FCCA) proposes that the Market Court impose penalty payments in total (...)

The Spanish Competition Authority fines two national pharmaceutical producers of PET radiopharmaceuticals and their executives €5.76M for cartel conduct (Advanced Accelerator Applications / Novartis)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30127 visits
The CNMC fines the two main pharmaceutical producers of PET radiopharmaceuticals in Spain for €5.76 million* Radiopharmaceuticals are used in nuclear medicine tests to detect and monitor diseases such as cancer. The companies formed a cartel that, for at least four years, allocated the (...)

The Spanish Competition Authority imposes a €5.76M fine on colluding suppliers of radio-pharmaceuticals equipment (Novartis Groupe France / Advanced Accelerator Applications Ibérica / Glo Holdco / Curium Pharma Spain)
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52740 visits
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Van Bael & Bellis (Brussels)
Belgium 56 contributions 25475 visits
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Van Bael & Bellis (Brussels)
Belgium 56 contributions 24688 visits
The Spanish Competition Authority, the Comisión Nacional de los Mercados y la Competencia (“CNMC”), imposed total fines of € 5,76 million on Novartis Groupe France and its Spanish subsidiary Advanced Accelerator Applications Ibérica, SLU (“AAA”), Glo Holdco and its Spanish subsidiary Curium (...)

The Spanish Competition Authority fines participants of a bid-rigging cartel in the supply of radiopharmaceuticals to hospitals (Advanced Accelerator Applications Ibérica / Curium Pharma Spain)
Ashurst (Madrid)
Spain 14 contributions 2248 visits
The Spanish Competition Authority ("CNMC") has fined Advanced Accelerator Applications Ibérica, S.L.U. ("AAA") and Curium Pharma Spain, S.A. ("CURIUM") as well as two directors of those companies for an infringement of the Spanish Competition Act ("SCA"), constituting a bid-rigging cartel for (...)

The EU Court of Justice confirms that financial investors can incur parental liability for the anticompetitive practices of their portfolio companies (Goldman Sachs)
Dechert (Paris)
France 47 contributions 68928 visits
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Dechert (Paris)
France 21 contributions 26490 visits
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Dechert (Paris)
France 20 contributions 22103 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The European Court of Justice has confirmed that financial investors can incur parental liability for the anticompetitive practices of portfolio companies, (...)

The French Competition Authority publishes a study on how competition rules apply to professional bodies
Huawei Technologies (Boulogne-Billancourt)
France 12 contributions 2713 visits
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Bird & Bird (Paris)
France 23 contributions 3221 visits
The Autorité de la concurrence publishes a study on professional bodies* While the ECN+ Directive is about to be transposed into French law, which will result in exposing professional bodies to potentially much heavier sanctions than under the current legal framework, the French Competition (...)

The Luxembourg Administrative Tribunal rules for the first time on the Competition Authority’s competence in matters of ex post control of concentrations in the energy sector (Fédération des Artisans / Encevo / Enovos Luxembourg / Paul Wagner / Fils)
Bonn & Schmitt (Luxembourg)
Luxembourg 27 contributions 88227 visits
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2 contributions 980 visits
I. Introduction On January 25, 2021 the Administrative Tribunal of the Grand Duchy of Luxembourg (hereinafter the “Administrative Tribunal”) rendered a judgment ruling for the first time on the competence of the Competition Council of the Grand Duchy of Luxembourg (hereinafter the (...)

The Turkish Competition Authority imposes fines on two pharmaceutical companies for engaging in concerted practices to expand the use of Lucentis as opposed to Altuzan in treating eye diseases (Roche / Novartis)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81307 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 1977 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 7 contributions 2322 visits
The Turkish Competition Board (“Board”) decided that Novartis and Roche violated Article 4 of the Law No. 4054 on the Protection of Competition (“Law No. 4054”) by way of engaging in concerted practice to expand the use of Lucentis as opposed to Altuzan, both of which are the drugs used for (...)

The German Competition Authority fines manufacturers of manhole covers €6M for price fixing (MeierGuss Sales & Logistics / KG)
Van Bael & Bellis (Brussels)
Belgium 30 contributions 4000 visits
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Van Bael & Bellis (Brussels)
Belgium 24 contributions 4828 visits
On 14 January 2021, the German Federal Cartel Office (“FCO”) announced that it had fined two manufacturers of manhole covers approximately € 6 million for price-fixing and coordinating their respective offers for two large contracts. The companies manufacture products such as manhole covers (...)

The German Competition Authority fines manufacturers of gully tops and manhole covers €6M for concluding agreements on prices and rebates (MeierGuss Sales & Logistics / KG)
German Competition Authority (Bonn)
Germany 447 contributions 113871 visits
Manufacturers of manhole covers and gully tops fined for price-fixing* The Bundeskartellamt has imposed fines totalling around 6 million euros on two manufacturers of manhole covers and gully tops and their representatives for agreements on prices and rebates and an agreement to carve up two (...)

The Spanish Competition Authority fines six companies for altering the solid fuels trading market (FISL / Grafitos / Toro / Candel / GME / Capex CGC)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30127 visits
The CNMC fines six companies for altering the solid fuels trading market* The sanctioned companies exchanged sensitive commercial information, allocated customers and fixed prices through various agreements.These practices, which are highly detrimental to competition and prohibited by law, (...)

The Canadian Competition Authority closes its investigation of two daily newspapers over an alleged anticompetitive agreement (Postmedia / Torstar)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10699 visits
Competition Bureau closes investigation of Postmedia and Torstar* The Competition Bureau announced today that it has closed its investigation into allegations that Postmedia and Torstar reached an agreement contrary to the conspiracy provisions of the Competition Act. The Bureau began (...)

The US DoJ announces that a ready-mix concrete company admitted to fixing prices and rigging bids (Argos USA)
US Department of Justice (Washington)
United States 176 contributions 74925 visits
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 (...)