Price abuses

Unilateral Practices

The UK National Competition Authority closes its investigation into an allegedly abusive discount scheme in the pharmaceutical sector (Remicade)
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (Brussels)
The CMA Remicade decision: discount schemes and abuse of dominance – effects matter!* Summary On 14 March 2019, the UK Competition and Markets Authority (CMA) decided to close its investigation into a discount scheme by Merck Sharp & Dohme Limited (MSD). The CMA concluded that there were (...)

The Danish Competition Authority issues a study on excessive pricing in pharmaceutical markets
Danish Competition and Consumer Authority (Copenhagen)
Excessive Pricing in Pharmaceutical Markets* Intervention against possible exploitative and excessive prices should always be considered carefully. However, the dynamics of pharmaceutical markets makes it particularly relevant for competition authorities to prioritise cases on unfair (...)

The Turkish Competition Authority finds that a distributor and aftersales service provider of cancer diagnosis and treatment devices abused its dominant position through excessive pricing and refusal to supply (Radontek Medikal / Duzey)
ACTECON (Istanbul)
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ACTECON (Istanbul)
On 1 February 2019, Turkish Competition Authority (“TCA”) published its reasoned decision regarding the full-fledged investigation conducted against Radontek Medikal İthalat İhracat San. ve Tic. Ltd. Şti. (“Radontek Medikal”) upon a complaint submitted to the TCA by Düzey Tıbbi Sistemler Bilgisayar ve (...)

The Danish Competition Appeals Tribunal upholds decision fining a company for excessive pricing (CD Pharma)
Van Bael & Bellis (Brussels)
On 29 November 2018, the Danish Competition Appeals Tribunal upheld a 31 January 2018 decision of the Danish Competition Authority (“DCA”) finding that CD Pharma abused its dominant position on the Danish market by charging excessive prices for the sale of oxytocin, a hormone that acts as a (...)

The Indian Competition Authority dismisses abuse of dominance allegations in the market for online marketplace platforms because it finds no dominance in the relevant market (All India Online Vendors Association / Flipkart India)
Vaish Associates, Advocates (New Delhi)
CCI defines online sale platform as a separate relevant market -holds neither Flipkart nor Amazon as dominant in the market for online marketplace platforms* CCI, by way of order dated 06.11.2018 has dismissed allegations against Flipkart India Private Limited (“Flipkart India”) and Flipkart (...)

The Turkish Competition Authority fines an online platform service provider for excessive pricing (Sahibinden)
Boğaziçi University (Istanbul)
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ACTECON (Istanbul)
The Turkish Competition Authority (“TCA”) fined Sahibinden.com (online platform service provider) approx. EUR 1,525,801 for excessive pricing. The TCA initiated two full-fledged investigations against Sahibinden.com back in 2017. Consequently, the TCA concluded on 1 October 2018 that (...)

The Turkish Competition Authority finds that an online platform services for real estate and vehicle sales abused its dominant position through implementing excessive prices (Sahibinden)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses the Turkish Competition Board’s (“Board”) recently published Sahibinden.com decision of October 1st, 2018 numbered 18-36/584-285 in which the Board assessed whether Sahibinden Bilgi Teknolojileri Paz. ve Tic. A.Ş. (“Sahibinden.com”) –an online platform which acts as an (...)

The Cypriot Competition Authority sends a statement of objection to a community council over possible excessive pricing on the market of water supply (Community Council of Kouklia)
Commission for the Protection of Competition of the Republic of Cyprus (Nycosia)
The Commission for the Protection of Competition announces that it has notified a Statement of Objections to the Community Council of Kouklia regarding a prima facie infringement of Section 6(1)(a) of the Protection of Competition Laws of 2008 and 2014.* The Commission for the Protection of (...)

The French Competition Authority fines an undertaking for excessive pricing in the market of waste disposal for hospitals and clinics in Corsica (Sanicorse)
French Competition Authority (Paris)
Management of infectious medical waste generated by healthcare activities* The Autorité de la concurrence has fined the company Sanicorse for increasing abruptly, significantly, durably and in an unjustified manner the waste disposal prices it charged hospitals and clinics in Corsica. The (...)

The Turkish Competition Authority finds the bundled sales of a telecommunication company not to be anti-competitive (TTNET)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
Turkish Competition Authority to Shape the Future of Multi-Play Services in Telecommunication Industry [TTNET] INTRODUCTION On 21 December 2018, Turkish Competition Authority (“TCA”) published its decision regarding the investigation conducted against TTNET A.Ş. (“TTNET”), the leading internet (...)

The EU Commission sends supplementary statement of objection to a manufacturer of LTE baseband chipsets for predatory pricing practices (Qualcomm)
Bryan Cave Leighton Paisner (London)
QUALCOMM RECEIVES SUPPLEMENTARY STATEMENT OF OBJECTIONS FROM THE EU COMMISSION IN PREDATORY PRICING INVESTIGATION* Hot on the heels of the announcement of a record antitrust fine imposed by the European antitrust regulator upon another US technology company , the European Commission announced (...)

The UK Competition Authority extends its timetable of investigations on anti-competitive practices in the pharmaceutical sector
Bryan Cave Leighton Paisner (London)
UK COMPETITION & MARKETS AUTHORITY PROVIDES UPDATES ON ITS PHARMACEUTICAL SECTOR INVESTIGATIONS* On 12th July 2018 Competition and Markets Authority (CMA) announced it was extending its timetable in relation to a number of its ongoing investigations involving anti-competitive practices in (...)

The Russian Competition Authority reduces prices on 11 medicines of a dominant pharmaceutical company from the list of vital and essential medicines (AstraZeneca)
Russian Federal Antimonopoly Service (Moscow)
FAS reduced prices on 11 medicines of “Astrazeneca” from the list of vital and essential medicines* Prices for the medicines aimed at treating socially important diseases reduced on average 12 to 92% As a result of a constructive dialogue between FAS and “AstraZeneca” the maximum ex-works prices (...)

The Moldovan Competition Authority prosecutes a grain storage operator for exploitative abuse of dominance in the form of discriminatory tariffs (Cereale Cupcini)
Faculty of Law - University of Macau
On 14 June 2018, the Competition Council of the Republic of Moldova (CC) has found that grain storage operator Cereale Cupcini SA has abused its dominant position by imposing excessive and discriminatory tariffs for loading/unloading services at its storage facilities. The CC’ investigation has (...)

The Turkish Competition Board rejects exclusivity allegations against a packaged chips producer (Frito Lay)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses the Turkish Competition Board’s (“Board”) Frito Lay decision, dated 12.06.2018 and numbered 18-19/329-163. The Board has recently published its reasoned decision regarding the preliminary investigation that was launched against Frito Lay Gıda San. Tic. A.Ş. (“Frito Lay”) (...)

The UK Competition Appeal Tribunal partly annuls a CMA decision that pharmaceutical companies abused their dominant positions by setting excessive and unfair prices for an epilepsy drug (Pfizer / Flynn)
Norton Rose Fulbright (London)
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Norton Rose Fulbright (Brussels)
On 7 June 2018, the Competition Appeal Tribunal (CAT) set aside in part the 2016 decision of the Competition and Markets Authority (CMA) that Pfizer and Flynn Pharma had abused their dominant positions by setting excessive and unfair prices for the capsule form of the epilepsy drug phenytoin (...)

The UK Competition Appeal Tribunal finds an incorrect application of the legal test for dominant position and quashes the CMA’s record fines imposed to two pharmaceutical companies for charging excessive prices for anti-epilepsy drug (Pfizer / Flynn)
Bryan Cave Leighton Paisner (London)
EXCESSIVE PRICE? COMPARED TO WHAT?* On 7 June 2017, the Competition Appeal Tribunal (“CAT”) set aside parts of the Competition & Market Authority’s (“CMA”) decision in relation to the CMA’s finding that Pfizer and Flynn charged excessive and unfair prices for phenytoin sodium capsules and (...)

The UK Competition Appeal Tribunal announces its provisional judgment in an appeal against the CMA’s infringement decision in an excessive price case (Pfizer / Flynn)
White & Case (Brussels)
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White & Case (Brussels)
I. Introduction In the last couple of years, there has been a trend for antitrust watchdogs around the world to investigate excessive pricing, especially in the phar- maceutical sector. Last year, the European Commission opened its first investigation into excessive pricing in the (...)

The Mexican First Collegiate Circuit Tribunal on Administrative Matters confirms the decision of the Competition Authority in a case of abuse of dominance by an airport but orders a new calculation of the fine (Mexico City International Airport)
Ritch Mueller (Mexico City)
The First Collegiate Circuit Tribunal on Administrative Matters, specialized in economic competition, broadcasting and telecommunications (the ’Tribunal’), confirmed the decision of the plenary session of the Mexican Federal Competition Commission (’Cofece’) on case file DE-015-2013 in the sense (...)

The German Competition Authority considers that an abuse of dominance investigation is not justified in a case where a dominant airline company significantly increased prices on certain routes where it had a monopoly (Lufthansa)
German Competition Authority (Bonn)
Lufthansa tickets 25-30 per cent more expensive after Air Berlin insolvency – "Price increase does not justify initiation of abuse proceeding"* After the insolvency of Air Berlin, Lufthansa held a monopoly position for a few months on some German domestic routes. After receiving numerous (...)

The Croatian Competition Authority finds that a dominant telecommunication company did not abuse its dominance through predatory pricing (VIPnet)
Croatian Competition Agency (Zagreb)
VIPnet – no abuse of dominant position* The Croatian Competition Agency (CCA) found that VIPnet did not abuse a dominant position in the access to public telephone network at a fixed location for residential and/or non-residential customers, retail fixed broadband access and Pay television in (...)

The EU Commission accepts commitments to settle investigation into conduct affecting Central and Eastern European gas markets (Gazprom)
Van Bael & Bellis (Brussels)
On 24 May 2018, the Commission adopted a decision accepting a number of commitments from Gazprom to address the Commission’s competition concerns regarding conduct by Gazprom that allegedly restricted the free flow of gas at competitive prices in Central and Eastern European gas markets. The (...)

The Indian Competition Authority opens investigation into abuse of dominance by a diversified textiles manufacturer in the market for Viscose Staple Fibre (Grasim Industries)
Vaish Associates, Advocates (New Delhi)
CCI directs investigation against Grasim Industries Ltd. (‘Grasim’) for abuse of dominant position* The CCI vide an order dated May 16, 2018 directed investigation against Grasim for abusing its dominant position in the relevant market for the sale of Viscose Staple Fibre in India. The (...)

The President of the Brussels Commercial Court rules that a collecting society abuses its dominant position through its pricing practice (SABAM)
Simmons & Simmons (Brussels)
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Simmons & Simmons (Brussels)
Since 2017 , SABAM increased its tariffs for concerts and music festivals to 17% for average-sized festivals and 37% for large festivals, with the pricing for small festivals remaining the same. As a result, several festivals and the federation of Flemish music festivals sued SABAM. The (...)

The Indian Competition Authority fines a local development authority for abuse of dominance in the market for affordable housing (Satyendra Singh / Ghaziabad Development Authority)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalty on Ghaziabad Development Authority (‘GDA’) for abuse of dominant position in Ghaziabad* By way of an order dated February 28, 2018, the CCI imposed penalty on GDA for abusing its dominant position in the relevant market of “provision of services for development and sale of (...)

The Danish Competition Authority fines a pharmaceutical company for abuse of dominance by charging unfair prices (CD Pharma)
Danish Competition and Consumer Authority (Copenhagen)
CD Pharma has abused its dominant position by increasing their price by 2,000 percent* On 31 January 2018, the Danish Competition Council (“DCC”) ruled in a case concerning CD Pharma’s (a pharmaceutical distributor) abuse of dominant position by charging unfair prices for the drug Syntocinon. (...)

The EU Commission fines a manufacturer of baseband chipsets for abusing its dominant position by using loyalty rebates (Qualcomm)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
On 24 January 2018 the EC fined Qualcomm EUR 997 million for hindering competition on the market for Long-Term Evolution (LTE) basebands chips, in breach of Article 102 TFEU. Baseband chipsets, which enable smartphones and tablets to connect to cellular networks, are used both for voice and (...)

The EU Commission fines a company for abuse of dominance on the market for baseband chipsets for smartphones and tablets (Qualcomm)
Van Bael & Bellis (Brussels)
On 24 January 2018, the European Commission (the “Commission”) announced that it had imposed fines totalling € 997.439 million on chipset producer Qualcomm for abusing a dominant position contrary to Article 102 TFEU. While the public version of the decision has not yet been published, the (...)

The EU Commission fines a baseband chipset manufacturer for abusing its dominant position (Qualcomm)
Cleary Gottlieb Steen & Hamilton (Rome)
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Orrick, Herrington & Sutcliffe (Rome)
On January 24, 2018, the European Commission announced that it had fined Qualcomm EUR 997,439,000. The Commission thinks that Qualcomm had abused its dominant position to become Apple’s sole supplier of long term evolution (“LTE“) baseband chipsets. The abuse was allegedly committed through (...)

The German Federal Court of Justice issues a landmark decision addressing the issue of “Wedding Rebates” demanded by undertakings with relative market power (EDEKA)
University of Kiel
The German Federal Court of Justice (BGH) had to assess the outcome of price negotiations between a powerful German food retailer (Edeka) and some of its suppliers. Edeka had just taken over a no-frills competitor (“Plus”) with more than 2000 outlets and was in the process of rebranding these (...)

The German Supreme Court issues landmark ruling on unfair trading practices (EDEKA)
Jones Day (Frankfurt)
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Jones Day (Brussels)
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Jones Day (Frankfurt)
The Situation: Market-dominant and powerful companies in Germany are subject to a number of rules that are significantly broader and stricter than the European Union’s, Article 102 AEUV, which prohibits the abuse of a dominant position. The Development: A recent decision by the German Supreme (...)

The US District Court of California uses an economic approach to determine frand loyalty rates (TCL / Ericsson)
Edgeworth Economics (San Francisco)
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Edgeworth Economics (San Francisco)
On November 8, 2017, Judge James Selna of the US District Court in the Central District of California issued a decision (published later on December 21st) in TCL v. Ericsson determining fair, reasonable, and non-discriminatory (FRAND) royalty rates for Ericsson’s standard essential patent (SEP) (...)

The U.S. District Court sets out FRAND rates for licensing standard essential patents for 2G, 3G and 4G wireless communications (TCL / Ericsson)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (New York)
On December 21, 2017, the District Court for the Central District of California issued TCL v. Ericsson, resolving a long-standing dispute between the parties concerning worldwide licenses to 2G, 3G, and 4G standard essential patents (SEPs) owned by Ericsson. The court determined that none of (...)

The Supreme People’s Court of China finds no abuse of dominance in the central heating market (Bayannuer Sunshine Energy / Linhe Thermal Power Plant / Northern United Electric Power)
Beijing Foreign Studies University (Beijing)
Identification and Abuse Analysis of Market Dominance of Public Utilities: Thoughts of the Supreme People’s Court of China on Antitrust Litigation of Heating Units In December 2017, the Supreme People’s Court of China decided to reject the retrial application of Sunshine Energy Co., Ltd. in the (...)

The Italian Competition Authority sanctions telecom companies for two different abuses of dominance in the Italian market of SMS bulk (Telecom Italia / Vodafone)
University of Rome "La Sapienza"
On 13 December 2017, the Italian Competition Authority (“ICA”) fined Vodafone S.p.A. (“Vodafone”) and Telecom Italia S.p.A. (“Telecom”) for two different abuses of dominant position in the Italian market of SMS bulk, in breach of Article 102 TFUE. More specifically, the ICA has found two distinct (...)

The Italian Competition Authority fines several telecom companies for margin squeeze (Telecom Italia / Vodafone)
Van Bael & Bellis (Brussels)
On 13 December 2017, the Italian Competition Authority (“ICA”) fined Telecom Italia S.p.A. (“TIM”) and Vodafone Italia S.p.A. (“Vodafone”) € 3.7 million and € 5.8 million respectively for abusing their dominant position on the market for wholesale bulk SMS services. The ICA considered that each mobile (...)

The UK Competition Authority accuses a pharmaceutical company to abuse of its dominant position (Concordia)
British Competition Authority - CMA (London)
Drug company accused of abusing its position to overcharge the NHS* The CMA has provisionally found that Concordia abused its dominant position to overcharge the NHS by millions for an essential thyroid drug. The Competition and Markets Authority (CMA) has been investigating how much the (...)

The Italian Competition Authority fines a company for abuse of dominance in the single-wrapped ice cream market through rebates (Unilever / Distribuzione Gelati)
University of Rome "La Sapienza"
On 6 December 2017, the Italian Competition Authority (“ICA”, “Autorità Garante della Concorrenza e del Mercato”, “AGCM”) sanctioned Unilever Italia Mkt. Operations S.r.l. (“Unilever”) for an abuse of dominant position in the Italian ice cream sector in breach of Article 102 TFUE. After a two-years (...)

The Indian Competition Authority opens investigation into abuse of dominance by state housing developer (Gurgaon Institutional Welfare Association / Haryana Urban Development Authority)
Vaish Associates, Advocates (New Delhi)
CCI finds a prima facie case of abuse of dominance against HUDA* The CCI vide its order dated October 31, 2017 found a prima facie case of abuse of dominant position by Haryana Urban Development Authority “HUDA” (Opposite Party). The informant, Gurgaon Institutional Welfare Association, is a (...)

The EU Court of Justice clarifies the concept of unfair price under article 102 TFEU (AKKA / LAA)
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
Welcome clarifications by the EU Court on the concept of excessive pricing* On the 14 September, the Court of Justice of the European Union provided detailed guidance on the concept of excessive pricing under Article 102 TFEU, in response to questions posed by the Latvian Supreme Court. In (...)

The EU Court of Justice delivers a ruling on excessive pricing in a case involving a copyright management association (AKKA / LAA)
Boğaziçi University (Istanbul)
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ACTECON (Istanbul)
Introduction The question of excessive pricing as an abusive practice has been notoriously complex and competition authorities refrain from interfering in such cases normally. One of the main reasons for non-intervention of the competition authorities in such cases is the difficulty in (...)

The EU Court of Justice accepts an alternative to the United Brands test to establish excessive pricing (AKKA / LAA)
Desogus Law Office (Cagliari)
On replying to the preliminary questions referred by the Supreme Court of Latvia (SCL), in AKKA v LAA the CJEU has accepted a methodology other than the two-limb United Brands test to establish an excessive pricing practice. The CJEU also clarifies the criteria to set the amount of the fine (...)

The EU Court of Justice annuls a General Court ruling that upheld the fine imposed by the Commission for an abuse of dominance (Intel)
Jones Day (Brussels)
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Jones Day (Brussels)
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Jones Day (Frankfurt)
What happened? The European Court of Justice ("ECJ") set aside a General Court ruling that had upheld a €1.06 billion fine imposed by the European Commission on Intel for abusing its dominant position in the market for x86 central processing units ("CPUs"). Background In its 2009 decision, (...)

The EU Court of Justice endorses an effects-based assessment of rebates (Intel)
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (Brussels)
On 6 September 2017, the Court of Justice of the European Union ("CJEU" or "Court") essentially held in Intel that the European Commission ("Commission") cannot consider rebates, and in particular loyalty rebates, as per se illegal. Rather, the Commission needs to show that a specific rebates (...)

The EU Court of Justice modernizes abuse of dominance (Intel)
Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (London)
(“CJEU”) set aside General Court’s 2014 Intel judgment, upholding a European Commission (the “Commission”) decision fining Intel €1.06 billion for abuse of dominance through exclusivity rebates . The CJEU held that the General Court had erred in failing to examine all of Intel’s arguments calling (...)

The EU Court of Justice reverses the General Court’s decision in an abuse of dominance case against a big tech company in the market for processors and rules that rebates should be judged under rule of reason (Intel)
Compass Lexecon (Brussels)
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The Graduate Institute for International and Development Studies (Geneva)
Roundtable Discussion on the ECJ ruling in Intel* On 6 September 2017, the European Court of Justice (“ECJ”) issued a landmark judgment where it set aside the judgment of the General Court (“GC”) in the highly debated Intel matter. This judgment is of particular significance because it provides (...)

The EU Court of Justice issues landmark judgment on legal treatment of fidelity rebates granted by dominant companies (Intel)
Van Bael & Bellis (Brussels)
On 6 September 2017, the Court of Justice of the European Union (“ECJ”) issued its long-awaited judgment in the Intel case (Case C-413/14 P), setting aside the General Court’s (“GC”) judgment. The GC must now re-assess the legality of the Commission’s decision in light of the ECJ’s ruling. Intel was (...)

The EU Court of justice revisits forty years of case law on when a dominant company’s rebate scheme may be abusive (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Baker McKenzie (London)
In its ruling on the European Commission’s 500 page Intel decision, in a crisp 150 paragraphs, the EU Court of Justice (the Court) revisited forty years of jurisprudence on when a dominant company’s rebate scheme may be abusive. Though no final decision for Intel, the case marks a potentially (...)

The EU Court of Justice renders its judgment in a case regarding loyalty rebates granted by dominant companies (Intel)
Baker Botts (Brussels)
An alternative view on accuracy and administrability Introduction In its judgment in Intel of 6 September 2017, the Court of Justice of the European Union (“CJEU”) rejected the notion that particular loyalty rebates granted by a dominant company are subject to a per se illegality standard of (...)

The EU Court of Justice orders new assessment in a case of abuse of dominant position by a semi-conductor company granting loyalty rebates (Intel)
The Capitol Forum (Washington)
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Dechert (Paris)
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Dechert (Brussels)
EU Court Orders New Assessment of Intel’s Rebates The Court of Justice of the European Union (CJEU) has quashed a ruling by the EU’s General Court which had upheld the European Commission’s (EC) 2009 finding of abuse of dominance by Intel Corporation Inc. Intel was fined €1.06 billion, a record at (...)

The EU Court of Justice quashes the 2014 judgment of the General Court that upheld a fine of €1.06 billion for an abuse of dominant position by implementing loyalty rebates based on exclusivity agreements (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On September 6, 2017 ,the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a dominant market position by implementing loyalty rebates based on (...)

The Turkish Competition Authority decides that a worldwide manufacturer of luxury sunglasses abused its dominant position by granting rebates and resorting to other exclusionary practices (Luxottica)
University of Sussex (Brighton)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that the worldwide manufacturer of luxury sunglasses, Luxottica, abused its dominant position it held in the market for the wholesale of branded sunglasses by its rebate schemes which include (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a company in the market for radio taxi services and holds that high market share does not by itself constitute dominance (Fast Track Call Cab / ANI Technologies / OLA Cabs)
Vaish Associates, Advocates (New Delhi)
CCI closes case of alleged abuse of dominance by ANI Technologies Pvt. Ltd. (OLA)* The CCI vide order dated July 19, 2017 closed the case of alleged abuse of dominant position by OLA. The complaint against OLA was filed by Fast Track Call Cab Pvt. Ltd. and Meru Travel Solutions Pvt. Ltd. (...)

The Regional Administrative Court for Latium upholds the infringement decision made by the Italian Competition Authority against a pharmaceutical lab for excessive pricing (Aspen)
Desogus Law Office (Cagliari)
By the judgement handed down in Aspen v AGCM , the Regional Administrative Court of Latium (the Court) has recently determined the appeal lodged by a South African manufacturer of generic drugs, Aspen, against the 2016 decision made by Italian Competition Authority (ICA), rejected all the (...)

The Belgian Competition Authority decides not to take further action in press distribution services as exclusivity clauses were ceased and no abuse of dominance was found (VZW / AMP)
Janson Baugniet (Brussels)
On June 22, 2017, the investigatory body of the Belgian Competition Authority (hereafter, “the Auditorat”) decided to take no further action against AMP, after receiving a complaint from ASBL Prodipresse, VZW Vlaamse Federatie van Persverkopers and VZW Buurtsuper.be about exclusivity clauses in (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a company in the market for wireless telecommunications services and holds that financial strength does not by itself constitute dominance (Reliance Jio Infocomm)
Vaish Associates, Advocates (New Delhi)
CCI closes allegations of abuse of dominance against Reliance Jio* CCI vide its orders dated June 9, 2017 and June 15, 2017 closed allegations of abuse of dominant position against Reliance Jio Infocomm Limited (RJIL). The Informant in the first case was Bharti Airtel Limited (Airtel) and the (...)

The Indian Competition Authority clears dominant mobile messaging service from abuse of dominance allegations (Fight for Transparency Society / WhatsApp)
Vaish Associates, Advocates (New Delhi)
CCI closes allegation of abuse of dominance against WhatsApp* CCI vide its recent order dated June 01, 2017 has closed an allegation of abuse of dominant position against popular message service WhatsApp. The complaint against WhatsApp was filed by an individual Vinod Kumar Gupta on behalf of (...)

The Dutch Competition Authority finds that the incumbent rail company abused its dominant position with two separate infringements (Nederlandse Spoorwegen)
Simmons & Simmons (Brussels)
In the Netherlands, the public transport by rail is organised in two ways. On the one hand, there is the main railway network, which mainly covers the intercity connections and is exploited by NS. On the other hand, there are the regional railway networks, which include slow train services. The (...)

The Turkish Competition Authority is to clarify the methods for determining whether the pricing is excessive (Sahibinden.com)
Boğaziçi University (Istanbul)
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ACTECON (Istanbul)
I. Introduction Turkey, being under the obligation to harmonise its laws with the EU rules, naturally draws lessons from the European Commission’s practice and Court of Justice of the EU (CJEU)’s precedents. The recent judgement of the in AKKA/LAA case clarifying the methods for determining (...)

The EU Court of Justice Advocate General Wahl offers guidance on the criteria to identify excessive prices in abuse of dominance case (AKKA / LAA)
Van Bael & Bellis (Brussels)
On 6 April 2016, Advocate General (“AG”) Wahl gave an opinion advising the European Court of Justice (“ECJ”) on the criteria to determine whether a Latvian royalty collecting society had abused its dominant position by charging excessive prices in breach of Article 102(a) TFEU. The matter came (...)

The Belgian Competition Authority fines the country’s largest yeast producer for resale price maintenance and abuse of dominance (Algist Bruggeman)
Liège University - IEJE
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Liège University - IEJE
I. The Parties Algist Bruggeman NV (‘Algist’) is the largest supplier of yeast products in Belgium. Algist markets itself as a producer of high quality yeast products with a corresponding price positioning. II. The Facts In January 2013, the BCA opened an ex officio investigation after an (...)

The Indian Competition Authority opens investigation into abuse of dominance by a local development authority in the market for affordable housing (Satyendra Singh / Ghaziabad Development Authority)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Ghaziabad Development Authority (GDA)* CCI by its order dated February 2, 2017 has initiated investigation against GDA for abuse of dominant position in relation to arbitrarily increasing price for sale of residential flats for economically weaker section in (...)

The Czech Competition Authority accepts commitments in a case on alleged abuse of dominance by an energy company applying a pricing formula included in a long-term supply agreement (ČEZ)
Diwok Hermann Petsche (Baker McKenzie Vienna)
The Czech Competition Authority ("CCA") accepted in a decision of 20 December 2016 commitments offered by ČEZ, a partly state-owned Czech energy company, due to an alleged abuse of dominant position on the market for purchasing of brown coal. While the CCA refrained from final findings regarding (...)

The UK Competition Authority provisionally finds that a pharmaceutical company has broken competition law by charging excessive prices to the NHS for hydrocortisone tablets (Actavis)
British Competition Authority - CMA (London)
Pharmaceutical company accused of overcharging NHS* The pharmaceutical company Actavis UK (formerly Auden Mckenzie) has increased the price of 10mg hydrocortisone tablets by over 12,000% compared to the branded version of the drug which was sold by a different company prior to April 2008. For (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s decision for abuse of dominance against a coal company but cancels the fine due to the company already recently paying fine in a similar case (Sai Wardha Power / Coal India)
Vaish Associates, Advocates (New Delhi)
COMPAT upholds the order passed by CCI against Coal India Limited for abuse of dominance* COMPAT by its order dated December 09, 2016 has upheld the order of CCI whereby it held that Coal India Limited and Western Coalfields Limited were acting independently of the market forces and enjoy (...)

The Indian Competition Appellate Tribunal (COMPAT) requests investigation into abuse of dominance by global taxi services company (Meru Travels Solutions / Uber India Systems)
Vaish Associates, Advocates (New Delhi)
COMPAT directs investigation against Uber India for Abuse of Dominance* COMPAT by its order dated December 7, 2016, has set aside the order dated February 10, 2016 of CCI closing the information filed against Uber India Systems Private Limited (“Uber”) for alleged abuse of dominant position and (...)

The UK Competition and Markets Authority publishes full decision on excessive pricing and focuses on intention and evidence (Pfizer / Flynn)
Simmons & Simmons (London)
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Simmons & Simmons (London)
The CMA’s decision relies heavily on evidence of the parties’ intentions in applying competition rules. On 15 June 2017, the UK Competition and Markets Authority (CMA) published the full non-confidential version of its decision to fine Pfizer and Flynn a record £84.2m for their excessive and (...)

The UK Competition Authority fines two pharmaceutical companies for charging excessive prices concerning an anti-epilepsy drug (Pfizer / Flynn)
British Competition Authority - CMA (London)
CMA fines Pfizer and Flynn £90 million for drug price hike to NHS* The CMA has fined pharma companies Pfizer and Flynn Pharma nearly £90 million for charging excessive prices to the NHS for an anti-epilepsy drug. The Competition and Markets Authority (CMA) has imposed a record £84.2 million fine (...)

The OECD holds a roundtable on price discrimination
OECD - Competition Division
In recent years the scope for near perfect price discrimination, particularly in the digital economy, appears to have grown. This raises a question over how those jurisdictions in which exploitative price discrimination is an offence will respond. In contrast, the risk of price discrimination (...)

The EU Court of Justice Advocate General Wahl delivers his opinion in a case regarding rebates and calls for a new approach to Article 102 (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Call for a common-sense approach to Article 102 - Advocate General Wahl on Intel* If AG Kokott in Post Danmark II was a 102 hawk – ordoliberal-redux, fossilizing form over function, economics on the “too difficult pile” for authorities and courts – then AG Wahl firmly sets out his stall as the 102 (...)

The Advocate General Wahl recommends that the EU Court of Justice grant an appeal against the judgement of the General Court, which had upheld a decision of the Commission imposing a fine of € 1.06 billion for abuse of a dominant position (Intel)
Van Bael & Bellis (Brussels)
On 20 October 2016, Advocate General Wahl rendered his opinion on Intel’s appeal before the Court of Justice of the European Union (“CJEU”) against the judgement of the General Court, which had upheld a decision of the European Commission of 13 May 2009 imposing a fine of € 1.06 billion for abuse (...)

The Italian Competition Authority fines a generic manufacturer of drugs for excessive pricing (Aspen)
Desogus Law Office (Cagliari)
By the decision made on 29 September 2016 in Aspen , the Italian Competition Authority (ICA) has imposed a fine of more than EUR 5 million on the Aspen group (Aspen), a South African manufacturer of generic drugs. Aspen was found to have infringed Article 102 TFEU by imposing excessive prices (...)

The Indian Competition Authority dismisses allegations of predatory pricing in the market for auto-rickshaw services (Vilakshan Kumar Yadav / ANI Technologies)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegation of predatory pricing against ANI Technologies Ltd. in New Delhi and NCR* The CCI has dismissed allegation of abuse of dominant position through predatory by Ola Cabs and Taxi For Sure operator ANI Technologies Pvt. Ltd. The Information was filed by three individuals (...)

The Danish Maritime and Commercial High Court rules on excessive pricing in relation to the delivery of electricity (ELSAM III)
University of Copenhagen
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Accura (Copenhagen)
Summary of the case In an August 2016 ruling the Danish Maritime and Commercial High Court (Sø- & Handelsretten) confirmed that the Danish energy incumbent DONG Energy A/S (“DONG”) had infringed Article 102 and the Danish equivalent by charging excessive prices for the delivery of (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s dismissal of abuse of dominance allegations against global telecom provider in the market for international roaming services (Vishwambhar Marutirao Doiphode / Vodafone India)
Vaish Associates, Advocates (New Delhi)
COMPAT upholds CCI order dismissing abuse of dominance allegation against Vodafone* COMPAT by its order dated August 16, 2016 has upheld order of CCI whereby it declined to order an investigation into the allegations of abuse of dominance by Vodafone India for levying exorbitant charges for (...)

The OECD holds a roundtable on fidelity rebates and competition
OECD - Competition Division
Executive summary, by the Secretariat * From the discussion at the hearing, the delegates’ and experts’ written submissions, several key points emerged: 1. Fidelity rebates or loyalty discount schemes are widely used and are often beneficial for consumers. Rebates based on quantity, and in some (...)

The French Competition Authority fines a company for abuse of dominance in the Hertzian broadcasting market (Itas Tim / TDF)
French Competition Authority (Paris)
DTT broadcasting* The Autorité de la concurrence fines TDF 20.6 million Euros for abusive intervention with the municipalities aimed at hindering the establishment of its competitors. Besides, the Autorité has fined a loyalty rebate system encouraging TV channels to use TDF’s services for most (...)

The Latvian Competition Council fines an operator of a regional bus terminal for excessive pricing (Rēzeknes autoosta)
Konkurences padome (Riga)
The CC finds Unreasonably High Fees for the Entrance of a Bus Terminal* On 25 May, the Competition Council (CC) of Latvia imposed a fine in the amount of 4026.53 EUR and legal obligation on SIA Rēzeknes autoosta, which is an operator of a regional bus terminal in Rēzekne. The CC found that the (...)

The French Competition Authority imposes several interim measures on an energy provider suspected of abuse of dominance (Engie)
French Competition Authority (Paris)
The Autorité de la concurrence issues several urgent interim measures on Engie so that the price of some of its market offers to business customers reflects its costs.* In brief Last October, Direct Enrgie made a referral to the Autorité de la concurrence. In particular it reported that (...)

The Higher Regional Court of Düsseldorf rejects an appeal lodged by the German incumbent postal services operator, against a decision of the Federal Cartel Office in an abuse of dominance case (Deutsche Post)
Van Bael & Bellis (Brussels)
In a recently published decision of 6 April 2016, the Higher Regional Court of Düsseldorf (“Court”) rejected an appeal lodged by Deutsche Post AG (“DPAG”), Germany’s incumbent postal services operator, against a decision of the German Federal Cartel Office (“FCO”). By decision of 2 July 2015, the FCO (...)

The Croatian Competition Agency accepts commitments proposed by an undertaking suspected to abuse of dominance in the newspapers market (Tisak)
Croatian Competition Agency (Zagreb)
Tisak reviews the commission rates in newspapers sales* The Croatian Competition Agency (CCA) accepted the committments of the undertaking Tisak with the view to eliminating possible anticompetitive effects in the commission sales of newspapers in the proceedings that has been carried out by (...)

The UK Competition Authority issues provisional decision on remedies to increase competition in the private healthcare market (HCA)
British Competition Authority - CMA (London)
CMA’s private healthcare provisional decision on remedies* The CMA has provisionally found that likely changes in London’s private healthcare market mean that extra remedies would not be proportionate. In April 2012, the Competition Commission, a predecessor body of the Competition and Markets (...)

The Turkish Competition Board concludes that a new turnover rebate system does not constitute an abuse of dominance in the fuel wholesale market (Tüpraş / Ader)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses the Turkish Competition Board’s (“Board”) TÜPRAŞ decision of 16.03.2016, No. 16-10/159-70. The Board reviewed the allegations of abuse put forward by Akaryakıt Ana Dağıtım Şirketleri Derneği (“ADER”) against Türkiye Petrol Rafinerileri A.Ş. (“TÜPRAŞ”). TÜPRAŞ allegedly abused its (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s decision and clarifies requirements for interim injunction (Fast Track Call Cab / ANI Technologies - OLA Cabs)
Vaish Associates, Advocates (New Delhi)
COMPAT refuses interim relief to Fast Track Call Cabs in ongoing investigation against Ola for predatory pricing in radio taxi services in Bengaluru* COMPAT by its order dated March 9, 2016 has upheld the CCI order dated September 3, 2015 refusing to grant interim injunction against (...)

The Indian Competition Authority opens an investigation into possible abuse of dominance by a sea port and coal terminal (Tamil Nadu Power Producers Association / Chettinad International Coal Terminal / Kamarajar Port)
Vaish Associates, Advocates (New Delhi)
CCI to investigate the Chettinad International Coal Terminal Pvt. Ltd. and Kamarajar Port Ltd. for alleged abuse of dominance* CCI by its order dated January 4, 2016 has initiated an investigation against Kamarajar Port Ltd. (the erstwhile Ennore Port) and Chettinad International Coal Terminal (...)

The Portuguese Competition Authority fines an association of pharmacists for abuse of dominance on the pharmacies’ commercial data market (ANF)
Portuguese Competition Authority (Lisbon)
The Portuguese Competition Authority fined ANF Group for abusing its dominant position* The Portuguese Competition Authority (PCA) has imposed fines of € 10.340.000 on ANF (Associação Nacional das Farmácias) and three companies of the ANF Group (Farminveste – S.G.P.S., S.A., Farminveste – (...)

The Indian Competition Authority dismisses allegations of predatory pricing in the market for taxi services due to lack of dominance (Meru Travel Solutions / Uber India)
Vaish Associates, Advocates (New Delhi)
CCI dismisses case alleging predatory pricing against Uber India* CCI on December 22, 2015 ordered prima-facie closed the case for an alleged abuse of dominance under section 4 of the Act against taxi services provider, Uber. The case was filed by Meru Travel Solutions Private Ltd. (Meru) (...)

The Croatian Competition Authority concludes that a dominant company did not engage in predatory conduct and therefore did not abuse of its dominance in the postal services market (Hrvatska pošta)
Croatian Competition Agency (Zagreb)
Hrvatska pošta was not engaged in predatory conduct and therefore did not abuse its dominant position* The Croatian Competition Agency (CCA) found that Hrvatska pošta (HP) did not distort competition in the provision of postal services concerning items of correspondence (so called universal (...)

The EU Commission sends two statements of objections to a mobile technology company on exclusivity payments and predatory pricing (Qualcomm)
DG COMP (Brussels)
Antitrust: Commission sends two Statements of Objections on exclusivity payments and predatory pricing to Qualcomm* The Commission informed Qualcomm of its preliminary conclusions that the company may have illegally paid a major customer for exclusively using its chipsets and sold chipsets (...)

The Düsseldorf Higher Regional Court finds that “wedding-rebates” requested by a food retailer from its suppliers are not abusive (EDEKA)
Commeo (Frankfurt)
In its judgement of 18 November 2015, the Düsseldorf Higher Regional Court (“the Court”) quashed a decision of the Federal Cartel Office (“FCO”) which stated that German food retailer EDEKA abused its dominant position by requesting preferential purchase conditions and bonus payments from sparkling (...)

The Indian Competition Authority opens investigation into abuse of dominance by syringe manufacturer and group of hospitals (Vivek Sharma / Becton Dickinson India / Max Super Speciality Hospital)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Max Super Specialty Hospitals for alleged abuse of dominance* The CCI in its order dated November 17, 2015, has directed the Director General (DG) to conduct an investigation against Max Super Specialty Hospital (“Max”) and M/s Becton Dickinson India (P) Ltd. (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against international airport in the market for office space rentals (AOC Airline Operators Committee / DIAL Delhi International Airport)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of abuse of dominant position against Delhi International Airport Ltd. (DIAL)* CCI by its order dated November 17, 2015 dismissed a case against DIAL for alleged abuse of its dominant position by charging high rentals for office space from some of the airlines. The (...)

The German Competition Authority agrees to a settlement with a municipal utility, which has charged excessive water prices to its customers (Wuppertal municipal utility)
German Competition Authority (Bonn)
Excessive water prices - Wuppertal municipal utility has to refund 15 million euros to customers* On account of the excessive water prices charged by the Wuppertal municipal utility, the Bundeskartellamt has agreed a settlement with WSW Energie und Wasser AG, by which the latter will refund 15 (...)

The EU Court of Justice rules on retroactive loyalty rebates and offer clarity (Post Danmark II)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
The first Post Danmark case in 2012 brought about a modest antitrust revolution on Article 102 applicable to discrimination. Rarefied economic concepts were confirmed. Price discrimination as a standalone abuse was all but confined to a historical footnote in antitrust textbooks, to be (...)

The EU Court of Justice rules on retroactive loyalty rebates (Post Danmark II)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On October 6, 2015, the European Court of Justice (the ECJ) issued an important judgment clarifying the application of Article 102 to retroactive loyalty rebates (Post Danmark AS, Case C 23/14). The case, which had been referred to the ECJ by the Danish Commercial Court, concerned rebates for (...)

The EU Court of Justice confirms “safe harbour” for volume rebates but creates new challenges (Post Danmark II)
Gibson Dunn (Brussels)
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Gibson Dunn (Brussels)
Rethinking Rebates Policy Under EU Competition Law* On 6 October 2015, the European Court of Justice (ECJ) ruled in a case concerning rebates and when they fall foul of EU competition law. Background The case concerns Post Danmark and, unlike appeals against European Commission Decisions, (...)

The EU Court of Justice rules on whether a retroactive loyalty rebates scheme is liable to have an exclusionary effect (Post Danmark II)
Quinn Emanuel Urquhart & Sullivan (Brussels)
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Quinn Emanuel Urquhart & Sullivan (Brussels)
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Quinn Emanuel Urquhart & Sullivan (Brussels)
The EU Court of Justice has handed down its much-awaited preliminary ruling in Post Danmark II . This ruling marks an ‘evolution’ rather than a ‘revolution’ in the assessment of rebates under Article 102 TFEU. While regrettably unclear in certain passages, some aspects of the Court of Justice’s (...)

The Hungarian Competition Authority fines two undertakings for creating and operating a rebate system to the detriment of their online retailers of contact lenses and care products (Alcon)
Hungarian Competition Authority (Budapest)
The GVH stepped up against the restriction of the online distribution of contact lenses and care products* The Hungarian Competition Authority (GVH) established in its decision that by creating and operating a rebate system to the detriment of the online retailers of CIBA contact lenses and (...)

The South African Competition Tribunal addresses its first predatory pricing case in the newspaper market (Media24)
Wallonia-Brussels Trade Commission - AWEX (Johannesburg)
First predatory pricing case before the Competition Tribunal* A year ago, we at AAT reported on the intervention by competitors in the merger between Media24 and Paarl Media. Today, we want to highlight a “one-year-later” feature about that same company, which has now been found liable of (...)

The Romanian Competition Authority accepts commitments closing mobile operators’ price investigation (Orange Romania)
Nestor Nestor Diculescu Kingston Petersen (Bucharest)
The Romanian Competition Authority’s investigation started in 2011, in the context in which the four large mobile operators in Romania - Orange Romania, Vodafone Romania, Romania Telekom Mobile Communications and RCS & RDS - were charging different tariffs for the service of call termination (...)

The Indian Competition Authority closes its investigation into abuse of dominance by the national railway company and associated catering and hospitality company, finding no infringement (Indian Railways / IRCTC)
Vaish Associates, Advocates (New Delhi)
CCI closes case against Indian Railway Catering and Tourism Corporation (IRCTC) and Ministry of Railways for alleged abuse of dominance* The CCI by its order dated August 10, 2015 has closed a case alleging abuse of dominance by IRCTC along with Ministry of Railways. The Informants had alleged (...)

The UK Competition Authority issues statement of objections to a pharmaceutical company and its distributor suspected of abuse of dominance dominance in the market of phenytoin sodium capsules (Pfizer / Flynn)
British Competition Authority - CMA (London)
CMA issues statement of objections to Pfizer and Flynn Pharma in anti-epilepsy drug investigation* The CMA has today issued a statement of objections to the pharmaceutical suppliers Pfizer and Flynn Pharma alleging that they have breached competition law. The Competition and Markets (...)

The Hungarian Competition Authority fines two companies for operating a discriminatory rebate system in the market for contact lenses and care products (ALCON)
European Commission
Rebate system on the online distribution of contact lenses and care products* In 6 August 2015, the Hungarian Competition Authority (GVH) imposed a fine of HUF 51 356 000 (EUR 165 670) on the Hungarian Branch of Alcon Services AG (CIBA/Alcon) and a fine of HUF 52 343 000 (EUR 168 850) on Alcon (...)

The Court of Appeal of the State of California holds that cross subsidization through below cost discounts for the purpose of maximized profits of the core business does not violate Californian unfair practices Act (Dixon Gas / Safeway)
Sheppard Mullin (Los Angeles)
Cross Subsidization For Purpose Of Enhanced Grocery Sales Through Alleged Below Cost Gasoline Discounts Found Not To Violate California Unfair Practices Act* Injury to competing retail fuel stations is non-actionable where market conditions demonstrate that an “incipient antitrust violation” is (...)

The EU Commission announces two investigations against a chipmaker company for predatory pricing and rebates (Qualcomm)
Constantine Cannon (London)
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Constantine Cannon (London)
European Commission Doubles Down On Antitrust Investigations Against Giant U.S. Chipmaker Qualcomm* The European Commission (“EC”) announced yesterday it has opened two antitrust investigations into possible abusive behavior by the U.S. technology company Qualcomm, the world’s largest supplier of (...)

The Russian Competition Authority warns a public forecast about increased gasoline prices (Kortes)
Russian Federal Antimonopoly Service (Moscow)
FAS issued a warning for a public forecast about increased gasoline prices* On 10 July 2015, the Federal Antimonopoly Service (FAS Russia) sent a warning to Deputy Head of the Department of Market Analysis and Survey, “Kortes” IATs” OJSC. The grounds were a public statement by Deputy Head of the (...)

The Russian Competition Authority opens an investigation against a cellulose producer suspected to have fixed high prices (Arkhangelsk TsBK)
Russian Federal Antimonopoly Service (Moscow)
FAS exposed elements of violations on the cellulose market* The Federal Antimonopoly Service (FAS Russia) opened a case against “Arkhangelsk TsBK” OJSC upon signs of fixing monopolistically high prices for cellulose from conifer wood (Part 1 Article 10 of the Federal Law “On Protection of (...)

The Spanish High Court issues landmark judgment on the need to establish foreclosure effects of a margin squeeze (Correos)
Linklaters (Madrid)
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Linklaters (Madrid)
1 Introduction On 21 January 2014, the Spanish Markets and Competition Commission (“CNMC”) imposed a fine of €8,170,000 on the Spanish postal service incumbent Sociedad Estatal Correos y Telégrafos, S.A. (“Correos) for allegedly abusing its dominant position on the wholesale market for postal (...)

The Indian Competition Authority exonerates global computer manufacturer from allegations of abuse of dominance in the market for x86 servers (Surana and Surana / Dell India)
Vaish Associates, Advocates (New Delhi)
CCI exonerates Dell India Pvt. Ltd against allegations of abuse of dominant position* CCI by its order dated 10 June 2015 dismissed from allegations of involvement in anti-competitive practices and abuse of dominant position against Dell India Pvt. Ltd (DIPL). The case was filed by M/s Surana (...)

The French Competition Authority obtains commitments from an owner of mobile operators pylons limiting the duration of new hosting contracts to 10 years (TDF)
French Competition Authority (Paris)
The Autorité de la concurrence obtains from TDF an improvement of the hosting contracts binding it to the mobile operators that use its pylons* In the scope of proceedings initiated before the Autorité de la concurrence by FPS Towers (hereinafter FPS), TDF commits to limiting the duration of new (...)

The Pakistani Competition Authority issues a show cause notice concerning a suspected abuse of dominance in the markets for produced infant formula and follow-on milk and for domestically-produced packaged cereal-based baby product (Nestlé)
Competition Commission of Pakistan (Islamabad)
CCP takes notice of unreasonable increase in prices of lactogen and cerelac, issues show cause notice to leading food company* he Competition Commission of Pakistan (CCP) has issued a show cause notice to Nestlé Pakistan Limited for alleged violation of Section 3 of the Competition Act, 2010 (...)

The Bulgarian Commission for Protection of Competition fines three power distribution companies for abusing their dominant market positions by imposing excessive prices to cable operators (CEZ, EVN and Energo-pro)
Avon (Sofia)
On May 27, 2015 the Bulgarian Commission for Protection of Competition adopted three separate decisions imposing sanctions on each of the three power distribution companies, and namely CEZ Distribution Bulgaria AD , EVN Bulgaria Electrical Distribution AD and ENERGO-PRO Grids AD for abusing (...)

The ECJ Advocate General Kokott deals another blow to economic assessment of rebates (Post Danmark II)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Advocate general deals another blow to economic assessment of rebates* It is never a good sign when an advocate general’s opinion warns the European Court of Justice (ECJ) not to be swayed by “ephemeral trends” or the “Zeitgeist” of economic analysis, but instead to stick to the “legal foundations (...)

The Belgian Competition Authority closes its investigation against an electricity supplier after finding no infringement of the competition rules (Electrabel / Lampiris)
Belgian Competition Authority (Brussels)
The Investigation and Prosecution Service of the Belgian Competition Authority closes its investigation regarding the incorporation by Electrabel of the opportunity cost of greenhouse gas emission allowances it had received free of charge in its wholesale price for electricity.* In a complaint (...)

The Chinese NDRC targets price-related illegal conducts in the pharmaceutical sector
King & Wood Mallesons (Beijing)
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Freshfields Bruckhaus Deringer (Beijing)
NDRC Targets Price-related Illegal Conducts in the Pharmaceutical Sector* On May 4, 2015, the NDRC published Notice on Reinforcing Supervision over Medical Prices (“Notice”). In the Notice, the NDRC issued a range of specific opinions on the supervision over medical price, including immediately (...)

The US Court of Appeals for the 11th Circuit holds that a rebate program requiring exclusivity from distributors was an unlawful maintenance of monopoly power (McWane)
Sheppard Mullin (Los Angeles)
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Sheppard Mullin (Century City)
Eleventh Circuit Affirms FTC Finding that Rebate Program Served to Unlawfully Maintain Monopoly Power* The Eleventh Circuit recently affirmed a Federal Trade Commission finding that a manufacturer’s rebate program requiring exclusivity from its distributors was an unlawful maintenance of (...)

A US Court of Appeals formulates a more rigorous analytical framework to separate anticompetitive price bundles from bundles that simply indicate vigorous competition (Collins Inkjet / Eastman Kodak)
BakerHostetler (Washington)
Fit to Be Tied: Appeals Court Redefines Tying Arrangements Based on Bundled Pricing* Corporate antitrust compliance programs often spotlight the dangers of tying arrangements. Those risks arise when a seller with a dominant position in one product coerces its customers by offering that (...)

The US Court of Appeals for the sixth circuit applies cost screen to tying by differential pricing (Collins Inkjet / Eastman Kodak)
Orrick, Herrington & Sutcliffe (San Francisco)
Sixth Circuit Applies Cost Screen to Tying by Differential Pricing* In Collins Inkjet Corp. v. Eastman Kodak Co., No. 14-3306 (6th Cir. March 16, 2015), the U.S. Court of Appeals for the Sixth Circuit held that differential pricing – charging more for one product when the customer does not also (...)

The Canadian Competition Bureau takes car rental companies to court for misinformation and unattainable advertised prices (Avis / Budget)
Affleck Greene McMurtry (Toronto)
Why Car Rentals Cost More Than Advertised: Avis and Budget Taken To Task By Competition Bureau* Canada’s Competition Bureau is accusing Avis and Budget of misleading consumers into thinking their rental car prices are lower than they actually are. The Bureau claims that prices are much higher (...)

The Hague district court dismisses excessive pricing claim against former legal monopolist publisher (Stichting SDU Gedupeerden / SDU Uitgevers)
Van Iersel Luchtman (Den Bosch)
On 4 March 2015, the The Hague district court ruled on an excessive pricing claim brought against SDU, a former legal monopolist and a publisher of government and company information . Applying the United Brands test, the district court finds that neither the price-cost limb nor the price (...)

The EU Court of Justice allows a specific discount strategy with exclusionary effect under EU postal liberalisation rules (Bpost)
University of Bristol - Law School
Marketing and the perfect crime? CJEU engages in a strange discussion of operational vs commercial discounts and issues ruling against mail consolidators (C-340/13, bpost)* In its Judgment in bpost, C-340/13, EU:C:2015:77, the CJEU has ruled that a discount system that offers reduced postal (...)

The Russian Competition Authority concludes that a cement producer in Crimea has abused of its dominance (Stroiindoustria)
Russian Federal Antimonopoly Service (Moscow)
A cement producer in Crimea unreasonably increased prices* The Federal Antimonopoly Service (Crimea OFAS) found that “Stroiindoustria” Bakhchisarai Works” Shareholding Company violated the antimonopoly law in the part of abusing dominance (Clause 1 Part 1 Article 10 of the Federal Law “In (...)

The Indian Competition Commission initiates investigations in relation to resale price maintenance in the e-commerce and automobile sectors (Jasper / KAFF / FX Enterprise / Hyundai)
Lakshmikumaran & Sridharan (New Delhi)
Competition Commission of India Initiates Investigation in relation to Resale Price Maintenance –impact on business operations* The Competition Commission of India (CCI) has recently launched investigations in relation to RPM in two sectors: the e-commerce sector (Jasper Infotech Private (...)

The Finnish Competition and Consumer Authority intervenes in the municipal waste management company’s competition compromising practice (Pirkanmaan Jätehuolto)
Merilampi Attorneys (Helsinki)
The Finnish Competition and Consumer Authority (FCCA) issued a decision on 16th December 2014 concerning abuse of dominant position and competition neutrality. It is noteworthy that this is only the second time that the FCCA has issued a decision concerning competition neutrality. Pirkanmaan (...)

The Italian Competition Authority opens an Article 102 TFEU investigation against a producer of generic drugs (Incremento Prezzo Farmaco-Aspen)
Desogus Law Office (Cagliari)
In the case Incremento Prezzo Farmaco-Aspen (Aspen) the Italian Competition Authority (ICA) has recently opened an Article 102 TFEU investigation against Aspen, a South African manufacturer of generic drugs . Aspen was alleged to have abused its dominance position by imposing excessive prices (...)

The Russian Competition Authority issues its decision sanctioning an undertaking having fixed retail prices for gasoline at refueling stations in the Kamchatka region (Kamchatnefteproduct)
Russian Federal Antimonopoly Service (Moscow)
FAS terminated a case against “Kamchatnefteproduct”* The Federal Antimonopoly Service (FAS Russia) issued a decision on the case against “Kamchatnefteproduct” OJSC. On 17th April 2014, the Office of the Federal Antimonopoly Service in the Kamchatka region (Kamchatka OFAS Russia) opened (...)

The Luxembourg Competition Council fines the incumbent telecom operator for abuse of dominance (Entreprise des Postes et Télécommunications)
European Commission
Competition Council Fines Incumbent Telecom Operator for Abuse of Dominant Position in Telecommunication Services Sector* On 13 November 2014, Luxembourg’s competition authority fined the Entreprise des Postes et Télécommunications (EPT), the parent company of Post Telecom, the incumbent telecom (...)

The Paris Court of Appeal reduces the fine imposed by the Competition Authority on the national railway for abuse of dominance (SNCF)
Herbert Smith Freehills (Paris)
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Herbert Smith Freehills (Paris)
In its decision no. 12-D-25 of 18 December 2012, the Autorité de la Concurrence (the French competition authority - "FCA") fined the French national railway SNCF nearly EUR 61 million for 5 counts of abusive practices in the railway freight sector and ordered the company to cease the (...)

The Irish Competition Authority publishes an enforcement decision concerning state postal services provider (An post)
European Commission
Competition Authority Publishes Enforcement Decision concerning State Postal Services Provider* On 30 October 2014, the Competition Authority (Authority) published an Enforcement Decision following an investigation into how An Post - the State postal service provider - applied its Zonal (...)

The EU Commission hits telecoms with fines of 70 millions euros for abusing the Slovak broadband market (Slovak Telecom)
Constantine Cannon (London)
European Commission Hits Telecoms With Fines Of 70 Million Euros For Abusing Slovak Broadband Market* Co-written by Yulia Tosheva. The European Commission has signalled that it is not dialing down its scrutiny of the telecommunications sector by imposing fines totalling 70 million euros on (...)

The Competition Commission of India issues an order on the emerging jurisprudence of interface between intellectual property and competition law (HT Media / Super Cassettes)
Jindal Global University (Sonipat)
On October 1, 2014, Competition Commission of India (CCI) gave its final order on a yet another case making some vital contributions to the shaping of the law on the emerging jurisprudence of interface between intellectual property and competition law regimes in India. While this case sets a (...)

The Regional Court in Brno confirms the Czech NCA’s decision having imposed penalty for predatory pricing in bus passenger transport
Skils (Prague)
On 25 September 2014, the Regional Court in Brno confirmed findings of the Office for Protection of Competition (“Office”) regarding predatory pricing by Student Agency (a leading bus transport company) and rejected judicial review claim lodged by the said company. The Regional Court in Brno so (...)

The Russian Competition Authority issues a warning against an undertaking having increased the prices on the cooled salmon market (Russian Sea)
Russian Federal Antimonopoly Service (Moscow)
“Russian Sea” received a warning from FAS* The Federal Antimonopoly Service (FAS Russia) issued a warning to “Russian Sea” after some mass media had published information about a sharp increase of ex-work price for cooled salmon. On 12th August 2014, the Head of FAS Department for Control over (...)

The Indian Competition Authority opens investigation into abuse of dominant position by state electricity distributor (Vidharbha Industries Association / MSEB Holding Co. Limited & Ors)
Vaish Associates, Advocates (New Delhi)
CCI orders investigation against MSEDCL for market abuse* Pursuant to an information filed by Vidharbha Industries Association (VIA), CCI has directed DG to conduct an investigation into alleged abuse of dominant position by Maharashtra State Electricity Distribution Co. Ltd (MSEDCL). CCI (...)

The Indian Competition Appellate Tribunal upholds that the relevant product market determined in case of abuse of dominance shall remain broader than in case of merger (National Stock Exchange of India)
Eastern Book Company
India – Competition Appellate Tribunal on determination of relevant product market* In its order passed on 5th August, 2014 the Indian Competition Appellate Tribunal upheld the decision given by the Competition Commission of India (CCI) holding the National Stock Exchange of India Ltd. (NSE) (...)

The Slovenian Competition Protection Agency fines a broadcasting and internet media company in abuse case (Pro Plus)
European Commission
Slovenia: The Competition Protection Agency fines Media Company PRO PLUS in Abuse Case* On 21 July 2014, the Slovenian Competition Protection Agency (CPA) imposed a fine of nearly € 5 000 000 on PRO PLUS, a leading broadcasting and internet media company in Slovenia, for having abused its (...)

The Belgian Competition Authority imposes fines on an electricity provider for having abused of its dominance in the market of the electricity production, wholesale and trade (Electrabel)
Belgian Competition Authority (Brussels)
Press Release published on the official website of the Belgian Competition Authority . Decision of the Competition College of the Belgian Competition Authority holding an infringement of the prohibition of abuse of a dominant position by Electrabel* The Competition College of the Belgian (...)

The Belgian Competition Authority fines €2 million for excessive pricing on the markets for the production, wholesale and trade of electricity (Electrabel)
WilmerHale (Brussels)
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WilmerHale (Brussels)
On 18 July 2014, the Competition College of the Belgian Competition Authority adopted a decision imposing a €2 million fine on Electrabel for abuse of dominant position contrary to Article 3 of the Belgian Competition Act and of Article 102 TFEU on the market for the generation, wholesale and (...)

The Belgian Competition Authority fines the incumbent operator for abuse of a dominant position for excessive pricing on the Belgian electricity market (Electrabel)
Covington & Burling (Brussels)
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IP Porta (Gent)
I. The Parties Electrabel S.A. (‘Electrabel’) is the incumbent operator on the Belgian electricity market. Electrabel is the main producer of electricity. It is also active on the delivery market to end-consumers in Belgium. Elia is Belgium’s transmission system operator. It enjoys a legal (...)

The Moscow Arbitration Court confirms the decision of the Russian Competition Authority having sanctioned an undertaking for market monopolization (Cheboksary Authority)
Russian Federal Antimonopoly Service (Moscow)
Arbitration Court supported FAS decision with regard to Cheboksary Authority* On 15th July 2014, Moscow Arbitration Court dismissed a claim of Cheboksary Authority to invalidate FAS decision and determination on a case on violating the antimonopoly law. On 6th March 2014, FAS found that (...)

The Belgian Competition Authority imposes interim measures on a car manufaturer to allow a former concessionaire to continue trading as an independent repairer (BMW)
Simmons & Simmons (Brussels)
,
Simmons & Simmons (Brussels)
On 11 July 2014, the Belgian Competition Authority adopted interim measures under the new interim measures procedure for the first time. The measures order BMW to take the necessary steps to allow a former BMW and MINI concessionaire to continue its business as an independent repairer. Under (...)

A US District Court dismisses a federal antitrust claim brought against automobile manufacturer by a franchise car dealer for failing to prove facts concerning an alleged tying between the rental agreement and the volume of cars sold (Matthew Enterprise / Chrysler Group)
Orrick, Herrington & Sutcliffe (San Francisco)
Northern District of California Addresses Functional Discounts, Price Discrimination Claims* In Mathew Enterprise, Inc. v. Chrysler Group, LLC, 2014 U.S. Dist. LEXIS 95522 (N.D. Cal. July 11, 2014) (Freeman, J.), the court dismissed certain Robinson-Patman Act price discrimination claims and (...)

The Moscow Arbitration Court confirms the fine imposed on oil provider having unreasonably increased retail prices for gasoline and diesel fuel in Sochi (Lukoil)
Russian Federal Antimonopoly Service (Moscow)
“Lukoil” subsidiary lost a claim after increasing prices* “Lukoil-Yugnefteproduct” shall pay over 14 million RUB for unreasonably increasing gasoline prices in Sochi. On 7th August 2014, Arbitration Court confirmed reasonableness of a determination issued by the Office of the Federal Antimonopoly (...)

The German Competition Authority decides that the wedding rebates constituted benefits without any objective justification resulting in abuse of dominance on the food retail market (EDEKA)
German Competition Authority (Bonn)
Bundeskartellamt takes decision of principle in food retail case - EDEKA’s demands on suppliers were abusive The Bundeskartellamt has issued a decision stating that the demands made by EDEKA Zentrale AG & Co.KG on suppliers after its takeover of the Plus stores in 2009 ("wedding rebates") (...)

The South African Competition Commission investigates abuse of dominance on the market for visa support services to foreign embassies (VFS Global)
Nortons (Sandton)
Costly COMESA Courthouse, za investigates visa provider & holds ground on Sasol fine LOTS AAT news this Monday, from Sudan/COMESA to South Africa. Visa facilitator backed by one branch of government & investigated by another In substantive antitrust news, the South African Competition (...)

The Finnish Market Court rejects the appeal and imposes the fines proposed by the FCCA for abuse of dominant position in the production and wholesale market of fresh milk (Valio)
Finnish Competition and Consumer Authority (Helsinki)
FCCA satisfied with Market Court ruling on Valio By a decision issued on 26 June, the Market Court rejected Valio’s appeal and imposed on the company a €70m fine proposed by the Finnish Competition and Consumer Authority (FCCA) for abuse of dominant position in the production and wholesale (...)

The EU General Court holds that the exclusivity rebates by their nature are capable of restricting competition and foreclosing competitors from the market for computer processors (Intel)
EFTA Surveillance Authority (Brussels)
Case T-286/09 Intel v Commission: Exclusivity rebates and abuse of a dominant position* Right then, folks, brace yourselves…. The much awaited judgment of the General Court in Case T-286/09 Intel v Commission EU:T:2014:472 came out today. It’s a whopper ! 255 pages. Summarising it is reminds me (...)

The EU General Court upholds the Commission’s record fine and states that exclusivity-inducing rebates are anticompetitive by default (Intel)
DG COMP (Brussels)
Intel and the future of Article 102* A test-case for the effects-based approach In a long-awaited ruling, last week’s General Court judgment has confirmed the Commission’s 2009 Intel decision. The Commission’s decision had found the chip producer to infringe competition rules by granting (...)

The EU General Court upholds the Commission’s decision regarding exclusivity rebates on the microprocessor market (Intel)
Dentons (Brussels)
Introduction On 12 June 2014 the General Court issued a judgment upholding in its entirety the European Commission’s decision of 13 May 2009 imposing a fine of €1.06 billion on Intel for abusing its dominant position in the market for x86 central processing units ("CPUs"). In its ruling on the (...)

The EU General Court upholds the Commission’s decision finding that it had correctly demonstrated the anti-competitive nature of the exclusivity rebates granted by global manufacturer of computer processors (Intel)
DLA Piper Weiss-Tessbach (Vienna)
General Court upholds the EU Commission’s decision against Intel* On 12 June 2014 the General Court published its decision in the Intel case thereby upholding the Commission’s 2009 decision finding that Intel had abused its dominant position and imposed a fine of EUR 1.06 billion. On 13 May (...)

The EU General Court upholds the Commission decision in consideration of two exclusionary practices on the market for supply of CPUs, opening the door to a further appeal to the CJEU and to a possible application before the ECtHR (Intel)
University of Bristol - Law School
Could Intel challenge its 1bn Euro fine on grounds of ’corporate human rights’* After last week’s General Court Judgment in Intel v Commission, T-286/09, EU:T:2014:475, the 2 month period for Intel to appeal the confirmation of its 1bn Euro fine before the Court of Justice of the EU on points of (...)

The EU General Court upholds Commission’s decision imposing a fine on a manufacturer for restricting competition and foreclosing competitors by granting exclusivity rebates in the market for computer processors (Intel)
DG COMP (Brussels)
The views expressed in this memo are those of the author’s, and do not reflect the opinions of other CRA experts, or CRA’s clients. A test-case for the effects-based approach In a long-awaited ruling, General Court judgment has confirmed the Commission’s 2009 Intel décision. The Commission’s (...)

The EU General Court provides an in-depth analysis of the anti-competitive character of the matter of exclusivity rebates offered to the OEM partners (Intel)
EFTA Surveillance Authority (Brussels)
Case T-286/09 Intel : Characterisation of rebates* It is time to get deeper into the frenzy of the judgment in Case T-286/09 Intel which we summarised very quickly here in our first post on the case. Let us start by looking at the characterisation of rebate schemes by the General Court. The (...)

The Hungarian Competition Authority accepts commitments concerning changes made to the gas oil wholesale listed prices in relation to an allegation of abuse of dominance (MOL)
Hungarian Competition Authority (Budapest)
GVH has accepted commitments offered by the MOL* The Gazdasági Versenyhivatal (GVH, the Hungarian Competition Authority) has accepted commitments offered by MOL Magyar Olaj-és Gázipari Nyrt (MOL – the Hungarian Oil Company). According to the commitments, in the next 5 years the changes made to the (...)

The South African Competition Tribunal imposes fines for domestic excessive pricing of purified propylene and polypropylene (Sasol)
Nortons (Sandton)
Costly COMESA Courthouse, za investigates visa provider & holds ground on Sasol fine LOTS AAT news this Monday, from Sudan/COMESA to South Africa. Visa facilitator backed by one branch of government & investigated by another In substantive antitrust news, the South African Competition (...)

The US antitrust enforcing agencies hold a one-day public workshop to explore the economics and legal policy implications of certain pricing practices, such as loyalty and bundled pricing
University of Michigan
FTC/DOJ Workshop on Conditional Pricing Practices – Good as Far as It Goes* On June 23, 2014, the U.S. Federal Trade Commission and Department of Justice Antitrust Division held a workshop on “conditional pricing practices”—loyalty discounts, bundled discounts and similar pricing techniques. Many (...)

The Danish Competition Authority conducts a dawn raid in light of a complaint regarding anti-competitive behaviour on the domestic market for payment cards (Teller)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Case against Nets regarding possible abuse of dominance settled with commitments* On 4 December 2012, the Danish Competition and Consumer Authority (DCCA) conducted a dawn raid on the company Nets Holding A/S (“Nets”) in light of a complaint regarding anti-competitive behavior in the (...)

The Chinese NDRC announces the suspension of an investigation on abuse of dominance against a US wireless technology developer after receiving detailed commitments (Inter Digital Communications)
AnJie Law (Beijing)
Excessive pricing and standard-essential patents* On May 22 2014, China’s National Development and Reform Commission (NDRC) announced the suspension of the investigation against Inter Digital Communications (IDC), a US wireless technology developer, as the company had submitted detailed (...)

The Lazio Administrative Court upholds a fine of €103.8 million for abuse of dominant position in the telecom sector (Telecom Italia)
Van Bael & Bellis (Brussels)
On 8 May 2014, the Lazio Administrative Court (LAC) handed down its judgment upholding the decision of the Italian Competition Authority (ICA) of 9 May 2013, which had imposed a fine of approximately €103.8 million on Telecom Italia for abuse of a dominant position on the Italian (...)

The Australian Competition and Consumer Authority institutes proceedings in the Federal Court of Australia against supermarket chain for exploitative conduct (Coles Supermarkets)
Australian Competition and Consumer Commission (Canberra)
ACCC takes action against Coles for alleged unconscionable conduct towards its suppliers* The Australian Competition and Consumer Commission (ACCC) has instituted proceedings in the Federal Court of Australia against Coles Supermarkets Australia Pty Ltd and Grocery Holdings Pty Ltd (together, (...)

The Lithuanian Competition Council concludes an important investigation into the suspected abuse of dominance in the sector for road transportation (LINAVA)
Lithuanian Competition Authority (Vilnius)
Competition Council’s investigation encourages the Association LINAVA* The Competition Council (the KT) terminated the investigation into the actions by the Lithuanian National Road Carriers Association LINAVA (the Association). Allegedly, the Associations had breached Article 7 of the Law on (...)

The Russian Competition issues a warning against an oil producteur refusing to supply a company (LUKOIL)
Russian Federal Antimonopoly Service (Moscow)
FAS issued a warning to “LUKOIL” OJSC* On 15th April 2014, the Federal Antimonopoly Service (FAS Russia) issued a warning to “LUKOIL” OJSC to eliminate by 20th May 2014 elements of violating the antimonopoly law. The company imposed disadvantageous contract conditions for supplying oil products, (...)

The Latvian Competition Council commissions a survey on the rating, availability and substitutability of five specialised-content international television channel in order to gather information in the framework of investigating an alleged abuse of dominant position
Konkurences padome (Riga)
Low Price as main Criterion in choosing Television Operator* At the end March 2014, the conclusions of a survey on the rating, availability and substitutability of five specialised-content international television channels in Latvia have been published. This survey which was conducted by (...)

The Lisbon Appeal Court revises an arbitral award in a dispute between the National Pharmacy Association and IMS Health (Associação Nacional de Farmácias and Farminveste / IMS Health)
New University of Lisboa - Faculty of Law
Replacing a previous contract, the National Pharmacy Association (ANF) executed a contract with IMS Health in 2008, by which it transmitted to the latter data on purchases in its associated pharmacies, in exchange for remuneration. This data was used to provide pharma market intelligence in a (...)

The Swedish Court of Stockholm City upholds the decision of the Competition Authority in a verdict which rules that a municipality is not permitted to compete on the private market (Services Office Borås)
Swedish Competition Authority (Stockholm)
Municipality at fault for competing with private companies* The Services Office of the Municipality of Borås is prohibited from selling services to other parties than the Municipality. Stockholm City Court fully supports the Swedish Competition Authority in a verdict which rules that the (...)

The Russian Competition Authority fines a transport company for excessive pricing (Khabarovsk)
Russian Federal Antimonopoly Service (Moscow)
Khabarovsk OFAS punished “FPK” OJSC for fixing monopolistically high prices and creating discriminatory conditions in transportation* The Office of the Federal Antimonopoly Service in the Khabarovsk region (Khabarovsk OFAS Russia) fined “Federal Passenger Company” OJSC (“FPK” OJSC) over 1.5 (...)

The Moldovan Competition Authority investigates the pricing of postpaid mobile services by the incumbent operator (Moldtelecom)
Faculty of Law - University of Macau
On 25 November 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the mobile telecom company IM Moldcell SA alleging the existence of an abuse of dominant position on the mobile telecommunications market on the part of the incumbent telecom operator Moldtelecom SA. The (...)

The Indian Competition Authority starts investigation into abuse of dominance by the national railway company and associated catering and hospitality company (Indian Railways / IRCTC)
Vaish Associates, Advocates (New Delhi)
Investigation into Indian Railways and IRCTC for abusive practices* The Competition Commission has initiated an investigation against Indian Railways and Indian Railway Catering and Tourism Corporation (IRCTC) for abusing its dominant position. The informant had alleged that IRCTC was abusing (...)

The Netherlands ACM decides not to take further action against credit card company following undertaken adjustment of the interbank tariffs for domestic credit-card payments (MasterCard)
Netherlands Authority for Consumers & Markets (The Hague)
ACM: MasterCard lowers tariffs for credit card payments* Over the next two years, financial-services company MasterCard will lower the tariffs that banks charge each other for processing domestic credit-card payments. As a result, businesses such as in retail and the hospitality industry will (...)

The French competition authority fines an owner of newspapers for implementing eviction practices in the sports press sector (Journal du sport / Amaury)
EDHEC (Nice)
Summary The French competition authority held Groupe Amaury responsible for illegally preventing a new competitor from entering the market. Facts Groupe Amaury is the leader in the sports news market in France. Groupe Amaury is the owner of l’Equipe, the daily newspaper devoted to sports with (...)

The French Competition Authority fines an owner of sports newspapers for implementing eviction practices in sports press sector (Le 10Sport.com / Les Éditions Philippe Amaury)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence has fined the Groupe Amaury for having driven out of the market a new entrant in the sports press – Le 10Sport.com* The Autorité de la concurrence has fined Les Éditions Philippe (...)

The Italian Competition Authority closes an Article 102 TFEU investigation against the incumbent in the high speed rail market with a commitment decision (NTV / Fs / High speed trains)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has recently closed by a commitment decision an Article 102 TFEU investigation it had opened last year against the previous rail monopolist, the Ferrovie dello Stato (FS) group . In the NTV/Fs/Ostacoli all’accesso al mercato dei servizi passeggeri ad alta (...)

The Australian Competition and Consumer Commission institutes proceedings in the Federal Court against pharmaceutical producer for alleged misuse of market power and exclusive dealing in relation to its supply of atorvastatin to pharmacies (Pfizer)
Australian Competition and Consumer Commission (Canberra)
ACCC takes action against Pfizer Australia for alleged anti-competitive conduct* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court of Australia against Pfizer Australia Pty Ltd (Pfizer) for alleged misuse of market power and exclusive dealing in (...)

The Moldovan Competition Authority investigates the alleged predatory pricing of mobile telecommunications services by the incumbent operator (Moldtelecom)
Faculty of Law - University of Macau
On 17 June 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the mobile telecom company IM Moldcell SA alleging the existence of an abuse of dominant position on the mobile telecommunications market on the part of the incumbent telecom operator Moldtelecom SA. The (...)

The Spanish Competition Authority fines a postal service provider in margin squeeze case (Correos)
European Commission
Spain: The Comisión Nacional de los Mercados y la Competencia fines Correos in Margin Squeeze Case* On 21 January 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) imposed a fine of € 8 170 000 on the postal service provider Sociedad Estatal Correos y Telégrafos S.A. (Correos) (...)

The Enterprises Court of Milan awards to a local telecom operator damages in a follow-on case of a margin squeeze decision against the incumbent operator (Brennercom / Telecom Italia)
Studio Legale Scoccini E Associati (Rome)
Introduction On the December 27 2013, the Enterprises Court of Milan awarded damages to Brennercom, a fixed-line telecom operator active in the north-east of Italy, in respect of a claim brought against Telecom Italia. This case arose as a follow-on action from a decision of the Italian (...)

The Danish Competition Council accepts commitments from domestic telecom company referring to margin squeeze practices (TDC)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council Accepts Commitments from Denmark’s Largest Broadband Provider* On 18 December 2013 the Danish Competition Council accepted commitments from the Danish telecom-incumbent TDC A/S on the basis of concerns that TDC A/S had potentially abused its dominant position on (...)

The Moldovan Competition Authority finds no dumping practices in the bundled packages on the telecommunications market (IM Sun Communications)
Faculty of Law - University of Macau
On 5 December 2013 the Moldovan Competition Authority (CC) has confirmed the absence of dumping prices on the market for various telecommunications services (IPTV, fixed telephony and Internet). The no-infringement decision issued by the CC was based on the absence of anti-competitive effects (...)

A US District Court denies motion to dismiss in a case of anticompetitive exclusive dealing on the market for digital photo services for the tourism industry (Pro Search Plus / VFM Leonardo)
University of Michigan
Successful Mousetrap Builders Beware – Your Sales Contract Just Might Be “De Facto Exclusive Dealing”* Say you built a better mousetrap, the world beat a path to your door and now you have a high share of the mousetrap market. Let’s further assume that your customers find “the cost of switching (...)

The German and UK competition authorities close investigations against leading online retailer concerning its price parity policy applicable to third party sellers (Amazon)
European Commission
Germany and United Kingdom: Antitrust Cases against Amazon formally closed* On 26 and 29 November 2013, the German Bundeskartellamt (BKartA) and the UK’s Office of Fair Trading (OFT) terminated their respective antitrust investigations into Amazon’s price parity policy applicable to third (...)

The Slovenian Supreme Court annuls the Competition Authority’s infringement decision against telecom company for abuse of dominance in the market for the provision of mobile telecommunications services to end customers (Itak Džabest)
Fatur Law Firm (Ljubljana)
On 26 November 2013, the Supreme Court of the Republic of Slovenia ruled in case G 9/2012, Telekom Slovenije v. Slovenian Competition Protection Agency (hereinafter referred to as CPA). The Supreme Court annulled the CPA’s decision (Case 306-14/2009), which found anti-competitive conduct on the (...)

The German Competition Authority closes its investigation into dual pricing practices (Gardena)
Ashurst (Milan)
Germany’s Federal Cartel Office closes two investigations into dual pricing practices* On 28 October 2013, Germany’s Federal Cartel Office (“FCO”) stated that it has closed its investigation into Gardena’s dual pricing practices, which, according to the FCO, sought to limit online distribution of (...)

The Guangdong High Court upholds Shenzhen Intermediate Court decision in abuse of dominance case involving IP rights (Huawei / Interdigital)
First Principles Economics (London)
Guangdong High Court largely upholds Shenzhen Intermediate Court decision, requires Interdigital to pay full amount of damages requested by Huawei, and stipulates 0.019% maximum patent licencing fee. On Monday 28th October 2013 the Guangdong High Court reached its decision in the ongoing (...)

The German Competition Authority initiates proceedings against a manufacturer of gardening tools for staggered trade discounts awarded on an allegedly discriminatory basis (Gardena)
German Competition Authority (Bonn)
Bundeskartellamt gets GARDENA to amend its dealer discount system* Bonn, 28 October 2013: The garden product manufacturer GARDENA has promised the Bundeskartellamt that in future it will apply the same discounts for its brick-and-mortar and online retailers. In awarding retailer discounts the (...)

The Czech Office for the Protection of Competition imposes fines for abuse of significant market power on the retail market for agricultural and food products (Kaufland)
Braun Partners (Prague)
Food Retailers in the Czech Republic, Be Aware!* The so-called Act on Significant Market Power for the Sale of Agricultural and Food Products and the Abuse thereof (No. 359/2009 Coll.) had effect from 1 February 2010. In October 2013, internal appeal procedures ended with the first significant (...)

The Court of Bosnia and Herzegovina quashes the no-infringement of the Competition Authority for the failure to conduct an efficient investigation (Telekomunikacije)
Faculty of Law - University of Macau
On 12 October 2011 the Competition Authority of Bosnia and Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the incumbent telecom operator Telekomunikacije RS a.d. The KV‘s investigation was prompted by a complaint lodged by an independent (...)

The Czech Supreme Administrative Court cancells the judgment of the Regional Court in a predatory pricing case and provides guidance regarding the use of economic analysis (Student Agency)
Kinstellar (Prague)
Subject matter of the case On 3 November 2010 Student Agency, s.r.o. (“Student Agency”), a transport services and travel services provider was found guilty by the Office for Protection of Competition (the “Office”) for an abuse of its dominant position on the market for public passenger bus (...)

The Czech Supreme Administrative Court supports findings by the Office for Protection of Competition as regards relevant market definition in predatory pricing case (Student Agency)
Skils (Prague)
On 30 September 2013, the Supreme Administrative Court cancelled the judgment of Regional Court in Brno in the case regarding alleged predatory pricing by Student Agency (a leading bus transport company) and remanded the case back to it. The Regional Court in Brno previously quashed the (...)

The Brussels Court of Appeal upholds the Belgian Competition Council’s decision to fine a French media distributor for operating an abusive rebate scheme (Presstalis)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis
In a judgment of 27 September 2013, the Brussels Court of Appeal upheld the decision of the Belgian Competition Council imposing a fine of € 245,530 on Presstalis for operating an abusive rebate scheme. Presstalis, previously known as Nouvelles Messageries de la Presse Parisienne, is a French (...)

The Moldovan Competition Authority investigates the pricing of SMS/MMS services on the telecommunications market (Orange Moldova)
Faculty of Law - University of Macau
On 12 July 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the telecom operator IM Moldcell SA alleging the existence of an abuse of dominant position on the mobile telecommunications market committed by IS Orange-Moldova SA. The applicant submitted that (...)

The Moldovan Competition Authority investigates predatory pricing on the mobile telecommunications market (Orange Moldova)
Faculty of Law - University of Macau
In 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the incumbent telecom operator Moldtelecom SA alleging the existence of an abuse of dominant position on the mobile telecommunications market committed by IS Orange-Moldova SA. The applicant submitted that (...)

The Canadian Competition Bureau chooses not to appeal the decision of the Competition Tribunal, but to focus on identifying alternate means of addressing the competition issues in the supply of credit card services (VISA / MasterCard)
Davies Ward Phillips & Vineberg (Toronto)
Credit Cards in Canada: What Role for Competition Law?* 1. Introduction The growing popularity of credit and other payment cards among consumers has been accompanied by an increase in the regulatory and legal scrutiny of the terms governing the availability and use of these cards. One focus (...)

The U.S. Court of Appeals for the Ninth Circuit affirms the district court’s denial of class certification and the dismissal of complaint with prejudice (Sommers / Apple)
Orrick, Herrington & Sutcliffe (San Francisco)
If Your Allegations Don’t Establish a Price Effect, You May Lack Antitrust Standing* In Somers v. Apple, Inc., Case No. 11-16896 (9th Cir. Sept. 3, 2013), the Ninth Circuit affirmed the district court’s dismissal of a putative class action against Apple, Inc., alleging antitrust violations in (...)

A Dutch court issues a preliminary judgment in a dispute between a multinational food and beverage producer and a candy bars producer concerning discount practices with service stations (Mars / Nestlé)
Van Bael & Bellis (Brussels)
On 7 August 2013, a Dutch court issued a preliminary judgment in a dispute between Nestle, the multinational food and beverage producer, and Mars, the producer of candy bars. The dispute concerns the discount practices of Mars in its relationship with service stations. Under these (...)

The German Competition Authority issues a statement of objections against a dominant retailer for abusive practices against economically dependent suppliers on the market for sales of sparkling wine (EDEKA)
German Competition Authority (Bonn)
Statement of objections issued against EDEKA for use of "wedding rebates" after Plus takeover - Bundeskartellamt considers demands on suppliers as abusive* Bonn, 26 July 2013: According to the Bundeskartellamt’s preliminary assessment, EDEKA Zentrale AG & Co.KG, Hamburg, has violated the (...)

The South African Competition Tribunal rules on a settlement in a margin-squeeze and monopolization case (Telkom)
Primerio (Washington)
SA telecoms firm implements antitrust settlement terms* According to a report by ITweb Business, the South African incumbent R16 billion telecommunications giant Telkom Limited (no stranger to this blog) has now taken steps to implement its landmark June 2013 settlement in a margin-squeeze and (...)

The Competition Tribunal of South Africa confirms the second significant administrative penalty imposed on the national incumbent provider of fixed line telecommunication services for engaging in the practice of margin squeeze (Telkom)
Nortons (Sandton)
South Africa: Telkom fined again…* South Africa’s Competition Tribunal had a busy week last week tasked with considering the proposed penalties for the various construction companies and also confirming the second significant administrative penalty on South Africa’s incumbent provider of fixed (...)

The UK Competition Appeal Tribunal awards exemplary damages against conduct calculated to make a profit exceeding the compensation payable (2 Travel Group / Cardiff City)
University of Dundee
Exemplary Damages in Competition Litigation* Much ink has been spilt following 2 Travel v. Cardiff Bus and Albion Water v. Dŵr Cymru Cyfyngedig on the subject of competition litigation in Europe. An axiom with varying justification is that European competition litigation must not embrace (...)

The Finnish Market Court upholds FCCA’s decision ordering the cessation of the predatory pricing on the market for dairy products (Valio)
Finnish Competition and Consumer Authority (Helsinki)
Market Court: Valio must comply with Finnish Competition and Consumer Authority decision in spite of appeal* In an interim decision handed down on 28 June 2013, the Market Court rejected an appeal by Valio, in which it applied for a prohibition on implementation in the case concerning the (...)

The Finnish Market Court issues interim decision in a predatory pricing case concerning the dairy products sector (Valio)
University of Helsinki
The Finnish Market Court has issued an interim decision in a major predatory pricing case. The case concerns a decision and proposal for imposing fines by the Finnish Competition Authority on 20.12.2012. In its decision, the Competition Authority ordered Valio Ltd, a Finnish processed dairy (...)

The UK Office of Communications (Ofcom) dismisses case in pricing wholesale calls and distinguishes between technical margin squeeze and abuse of dominance (Thus / Gama Telecom / BT)
British Competition Authority - CMA (London)
,
CRA International (London)
When is a margin squeeze not an abuse?* On 20 June 2013 Ofcom closed its long-running investigation of BT’s pricing of its Wholesale Calls product with a “no grounds for action” decision. The investigation, which commenced in August 2008, focused on allegations of margin squeeze made by THUS plc (...)

The Japanese Congress enacts the Pass-on Consumption Tax Act (POCTA) to prevent exploitative abuse when consumption tax rates are raised in the near future
University of Tokyo
Japan has enacted an Act which is relevant to discussion of exploitative abuse. The Act in question is the Pass-on Consumption Tax Act (Act No. 41 of the 12th June 2013), termed “POCTA” in this essay. 1. Overview Japan plans to raise consumption tax rates (from 5% to 8%) on the 1st April 2014 (...)

The Spanish Supreme Court validates the Spanish Competition Commission’s interpretation of excessive prices (Explosivos de Canarias)
Cuatrecasas, Goncalves Pereira (Madrid)
,
Cuatrecasas, Goncalves Pereira (Barcelone)
,
Cuatrecasas, Goncalves Pereira (Madrid)
On May 29, 2013, the Spanish Supreme Court issued judgment number 2660/2013 on the appeal that Canarias Explosivos, S.A. (“Canarias Explosivos”) submitted against the judgment of the Spanish National Court (Audiencia Nacional) on December 10, 2009. The Supreme Court considered that there were no (...)

The Italian Competition Authority opens an investigation against the incumbent railway undertaking for abuse of dominant position in the high speed rail market (NTV / FS)
Desogus Law Office (Cagliari)
By a decision made on 22 May 2013, the Italian Competition Authority (ICA) has opened an enquiry to establish whether the previous rail monopolist, the Ferrovie dello Stato (FS) group, had abused its dominant position in the market for high speed rail services. The ICA decision was based on a (...)

The Italian Competition Authority opens an investigation against the incumbent railway operator for breach of Art 102 TFUE (Ferrovie dello Stato)
Bonelli Erede (Rome)
By its decision of 22 May 2013, the Italian Competition Authority (‘ICA’) initiated an investigation against the incumbent Italian railway operator Ferrovie dello Stato group in order to verify if, through its subsidiaries RFI, Trenitalia, Grandistazioni, Centostazioni and FS Sistemi Urbani (...)

The Hungarian Competition Authority terminates its investigation in connection with the price setting of certified translations and attestation of translations (Országos Fordító)
Hungarian Competition Authority (Budapest)
Investigation against OFFI terminated by the Hungarian Competition Authority (GVH)* On 21 May 2013, the Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) terminated the competition supervision proceedings that had been initiated against OFFI. The GVH investigated whether the (...)

The US District Court of Miami dismisses claims on monopolization and resale price maintenance on the market for beauty products in duty free shops (Duty Free Americas / Estée Lauder)
Sheppard Mullin (Los Angeles)
Claims of Providing Truthful Marketing Information to Airports Issuing Bids for Duty Free Shops Fails to Allege Actionable Conspiracy or Attempted Monopolization* Conclusory allegations of parallel business conduct which are in the economic self-interest of the actor do not state an actionable (...)

The Italian Competition Authority fines a telecom operator for unilateral practices in wholesale broadband markets (Telecom Italia)
European Commission
Italy: The Competition Authority fines Telecom Italia for Unilateral Practices in Wholesale Broadband Markets* On 9 May 2013, following complaints lodged by two Italian telecommunications providers (OAO - other authorized operators), the Italian Competition Authority (ICA) fined Telecom (...)

The Italian Competition Authority fines Italy’s largest telecoms operator for creating obstacles for competitors trying to access infrastructure networks (Telecom Italia)
Simmons & Simmons (Milano)
In brief €103.8m fine for Telecom Italia in abuse of dominance case Findings of discrimination against competitors and margin squeeze Italian Competition Authority continues to focus on the Italian telecommunications market, as Telecom Italia faces a difficult challenge to protect its declining (...)

The Italian Competition Authority fines incumbent telecom operator approximately EUR 104 M for ‘constructive’ refusal to supply and margin squeeze (Wind - Fastweb / Telecom Italia)
Bonelli Erede (Rome)
On 9 May 2013, the Italian Competition Authority (the ’ICA’) adopted an infringement decision against Telecom Italia (’Telecom’) fining the incumbent operator approximately EUR 104 million for having abused its dominant position in the voice communications and broadband internet access services (...)

The US District Court, 9th Circuit refuses to dismiss the plaintiffs’ below-cost pricing claims raised under Unfair Practices Act in respect of clinical laboratory testing services (Rheumatology Diagnostic Laboratory / Aetna)
Orrick, Herrington & Sutcliffe (San Francisco)
Is the California Unfair Practices Act a Free Pass on Motions to Dismiss?* Probably not, but UPA claims can be tough to defeat at the motion to dismiss stage. Witness Rheumatology Diagnostics Laboratory, Inc. v. Aetna, Inc., 2013 U.S. Dist. LEXIS 151128 (N.D. Cal. Oct. 18, 2013) (Orrick, J.), (...)

The US Supreme Court declines to hear antitrust case leaving uncertainty regarding customer loyalty programs (Eaton / ZF Meritor)
Womble Bond Dickinson (Washington D.C.)
Supreme Court Declines to Hear Antitrust Case Leaving Uncertainty Regarding Customer Loyalty Programs* On April 29, 2013, the Supreme Court declined to review a decision that had created uncertainty as to when a manufacturer’s customer loyalty program may violate antitrust laws. Most circuits (...)

The US Supreme Court denies defendants’ petition for certiorari with respect to a decision of the Third Circuit raising significant issues as to how a court should analyze “market share discounts” by a dominant firm (ZF Meritor / Eaton)
Cornell University
On April 29, 2013, the U.S. Supreme Court denied defendant’s petition for certiorari with respect to the Third Circuit’s 2012 decision in ZF Meritor LLC v. Eaton Corp. (696 F.3d 254). Since the case raised significant issues as to how a court should analyze “market share discounts” by a dominant (...)

The Slovenian Competition Protection Agency imposes fines on a media company for having abused of its dominance on the market for television advertising airtime (Pro Plus)
Slovenian Competition Authority (Ljubljana)
Slovenian Competition Protection Agency fines the media company PRO PLUS* Slovenian Competition Protection Agency (CPA) has imposed a fine of nearly 5 million EUR for abuse of dominant position on company PRO PLUS, a leading broadcasting and internet media company in Slovenia. The fine is the (...)

The Bulgarian Competition Authority sanctions municipal undertakings for charging excessive prices for bus terminal services (Zhilfond Pleven)
Faculty of Law - University of Macau
On 23 April 2013 the Bulgarian Competition Authority (CPC) sanctioned two municipal undertakings in the city of Pleven for imposing excessive tariffs on the bus operators for the usage of the city bus terminal. The CPC’s investigation was prompted by a complaint of a bus company Hebros Bus OOD (...)

The Slovak Supreme Court upholds the NCA decision on the abuse of dominant position by a dominant player on the petrol and diesel oil wholesale markets (Slovnaft)
White & Case (Bratislava)
On April 18, 2013, in its decision on the appeal filed by the Slovak Antimonopoly Office (the “AMO”), the Slovak Supreme Court (the “Supreme Court”) overturned the judgment of the Bratislava Regional Court (the “Regional Court”) of March 22, 2012 and upheld the AMO decision sanctioning SLOVNAFT, a.s. (...)

The Cypriot Commission for Protection of Competition imposes administrative fines for providing quantitative discounts according to the volumes of vaccines purchased by doctors and pharmacists (Panayotou / Wyeth Hellas / Phadisco)
Commission for the Protection of Competition of the Republic of Cyprus (Nycosia)
The Commission for the Protection of Competition (CPC) with its decision No. 36/2013 imposed an administrative fine of €206,168 on Phadisco Ltd and an administrative fine of €8,234 to Wyeth Hellas SA (Cyprus Branch), through its successor Pfizer Hellas S.A. (Cyprus Branch), regarding the (...)

The Cypriot Commission for Protection of Competition imposes fines for abuse of dominance as a result of predatory pricing regarding the supply of barley for forage use (Cyprus Grain Commission)
Commission for the Protection of Competition of the Republic of Cyprus (Nycosia)
The Commission for the Protection of Competition (CPC) decided to impose a fine on Cyprus Grain Commission amounting to €148.450 regarding the infringement of Section (6)(1)(a) of the protection of Competition law (L.13(I)/2008) in relation to the examination of a complaint filed by AGS (...)

The Swedish Court of Appeal endorses the EU Court of Justice’s finding of abuse of dominance in margin squeeze case (TeliaSonera)
Mircea & Partners (Bucharest)
I. Introduction On the 17 of February 2011 the Court of Justice of the European Union released its preliminary ruling in Case C-52/09 Konkurrensverket v TeliaSonera. At the origin of this litigation we could find an application for summons issued by Konkurrensverket on 21 December 2004. After (...)

The Competition Commission of Cyprus finds that the free administration of a vaccine with every purchase of vaccines constitutes unlawful tying (Panayotou / Wyeth Hellas / Phadisco)
University College London
The decision of the Cypriot Competition Commission issued on 12 April 2013 concerns a complaint submitted on 07/10/2005 by Akis Panayotou and Son Ltd (from now on ‘’the complainant’’) against Wyeth Hellas SA (Cyprus Branch) which has been since succedeed by Pfizer Hellas Commercial Industrial (...)

The Competition Commission of India finds no prima facie case in a predatory pricing case concerning oil and gas exploration activities (HLS Asia / Schlumberger Asia Services and Oil and Natural Gas Corporation)
University of Delhi (New Delhi)
The Competition Commission of India (CCI) began enforcing India’s new Competition Act in May 2009. It recently decided a matter in which predatory pricing was the central allegation. Although the CCI found no prima facie case and closed the matter at the threshold, the decision raises some (...)

The Cypriot Commission for the Protection of Competition imposes fines on the national vertically integrated communications provider as a result of charging high prices regarding the supply of international capacity through the SMW-3 submarine fiber optic cable system (Primetel / CYTA)
Commission for the Protection of Competition of the Republic of Cyprus (Nycosia)
The Commission for the Protection of Competition (CPC) decided to impose a fine on Cyprus Telecommunications Authority (CYTA) amounting to €295.277,00 regarding the infringement of section 6 (1) (a) of the Protection of Competition Law (L. 13(I)/2008) in relation to the examination of a (...)

The EU Commission receives a complaint alleging abuse of dominant position on the market for smartphone operating system (FairSearch / Google)
Garrigues (Brussels)
Some thoughts on the new anti-Google (Android) complaint* Some background to the complaint Back in April the FairSearch coalition in this case only two of its members Microsoft and Nokia lodged a complaint with DG Comp alleging: (a) that by giving Android to device-makers for “free” Google (...)

The Latvian Competition Council fines collective copyright management association for excessive pricing (AKKA / LAA)
European Commission
Latvia: The Competition Council fines collective Copyright Management Association for Excessive Pricing* On 2 April 2013, the Competition Council of Latvia (CC) adopted a decision to fine the collective copyright management association AKKA/LAA for having abused its dominant position by (...)

The Croatian Competition Authority accepts commitments of the public broadcaster concerning retransmission of television channels by “pay TV” operators (Hrvatska radiotelevizija)
Faculty of Law - University of Macau
On 28 March 2013 the Croatian Competition Authority (AZTN) closed its investigation into the alleged abuse of dominant position by the public broadcasting company Hrvatska radiotelevizija (HRT) by accepting a number of behavioral commitments related to retransmission of television channels by (...)

The UK Competition Appeal Tribunal dismisses the claim for exemplary damages against a water management company (Albion Water / Dŵr Cymru Cyfyngedig)
University of Dundee
Exemplary Damages in Competition Litigation* Much ink has been spilt following 2 Travel v. Cardiff Bus and Albion Water v. Dŵr Cymru Cyfyngedig on the subject of competition litigation in Europe. An axiom with varying justification is that European competition litigation must not embrace (...)

The UK Competition Appeal Tribunal awards damages in a follow-on claim arising from abuse of dominance on the market for transportation and partial treatment of water (Albion Water / Dŵr Cymru Cyfyngedig)
Blackstone Chambers (London)
Albion v Dwr Cymru: Incompetence and counterfactuals* The Competition Appeal Tribunal today delivered that rarest of beasts: a judgment awarding damages in a follow-on claim. After its decade-long fight, Albion Water has been awarded around £2 million for Dŵr Cymru’s abuse of dominant position in (...)

The Cyprus Commission for the Protection of Competition rules on the absence of abuse of dominance by the incumbent in the Cypriot mobile telephony sector (Areeba / CYTA)
Neocleous (Nicosia)
CY24 Areeba Ltd against Cyprus Telecommunications 22.03.13 www.competition.gov.cy — NCA, abuse of dominance Authority Case number 11.17.10/2005 The case concerned the re-examination and re-assessment of the complaint lodged/filed by Areeba Ltd (hereinafter referred to as “Areeba” and/ or (...)

The Polish Office of Competition and Consumer Protection opens proceedings against mobile telephony operators for alleged abuse of collective dominant position (Polska Telefonia Cyfrowa / Centertel / Polkomtel)
European Commission
Poland: The Office of Competition and Consumer Protection (UOKiK) opens Proceedings against Mobile Telephony Operators for alleged Abuse of Collective Dominant Position* On 18 March 2013, the President of the Polish Office of Competition and Consumer Protection (UOKiK) opened antimonopoly (...)

A U.S. Court dismisses claims of monopolization against a supplier of drilling fluids based on an alleged refusal to deal (M-I)
Cornell University
On March 4, 2013, a federal district court in Oklahoma dismissed monopolization claims brought by TKO Energy Services (TKO) against M-I and its affiliated companies (TKO Energy Services LLC v. M-I LLC, U.S. District Court, Northern District of Oklahoma, 4:12-cv-00108-GKF-PJC 2013). Since this (...)

The Danish Supreme Court reverses NCA’s decision and finds that the national postal carrier incumbent did not abuse its dominant position by applying different prices to its own customers and certain customers of a competitor (Post Danmark)
Danish Competition and Consumer Authority (Copenhagen)
On 15 February 2013, the Danish Supreme Court reversed a decision by the Danish Competition Council according to which the national postal operator, Post Danmark, had abused a dominant position on the market for unaddressed mail by charging different prices to its own customers compared to the (...)

The Danish Supreme Court ends a decade-long case concerning the national postal incumbent by delivering the final judgment in the predatory price case (Post Danmark)
Kromann Reumert (Copenhagen)
On 15 February 2013, the Danish Supreme Court ended the decade-long Post Danmark case by delivering the final judgment in the case. This note gives a brief overview of the facts and the procedure of the case and then comments on what we can learn from the Supreme Court judgment in its (...)

The Belgian College of Competition Prosecutors finds that energy company abused its dominant position on the market for the generation, wholesale and trading of electricity (Electrabel)
Van Bael & Bellis (Brussels)
On 7 February 2013, the Belgian College of Competition Prosecutors filed a reasoned report with the Competition Council, finding that the energy company Electrabel abused its dominant position primarily by withholding capacity and thus artificially drove up prices on the market for the (...)

The Shenzhen Intermediate Court decides that a telecom company abused its patent rights by requiring to pay excessive royalties for essential patents for mobile telephone technology (Huawei / America IDC)
Renmin University of China
I. The background of Huawei vs. America IDC anti-monopoly case for abuse of essential patents in standard In this case, the plaintiff, Huawei Technology Co., Ltd. (hereinafter referred to “Huawei”) mainly provides products and services to the communication operators, professional network owners, (...)

The French Competition Authority renders legally binding some commitments offered to solve competition concerns raised in the distribution of insurance products to golfers (Eurogolf / Fédération Française de Golf)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence makes the commitments proposed by the ’Fédération Française de Golf’ mandatory. Golf players (or licensees) may take out insurance of their choice, which may differ from that offered (...)

The French Competition Authority fines national incumbent raiwail for abusing its dominant position in the context of the opening up to competition of the rail transport sector (SNCF)
Vogel & Vogel (Paris)
Further to an ex-officio investigation in 2008 and a complaint filed by Euro Cargo Rail in 2009, the French Competition Authority has found the SNCF guilty of several instances of abuse of dominant position in the context of the opening up to competition of the rail transport sector. After (...)

The French Competition Authority fines two mobile phone operators for abusing their dominant position on the French mobile phone market (Orange France / SFR)
University Dublin College (UCD)
On 13 December 2012, The French National Competition Authority (Autorité de la concurrence,hereafter “the FCA”) fined two of the three major French mobile network providers (Orange France and SFR) €183 million for abuse of dominant position in the mobile telephony sector. The FCA investigated the (...)

The French Competition Authority imposes fines on two companies for implementing anticompetitive practices in the mobile telephony sector (Orange / SFR)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence fines Orange and SFR a total of €183 million for implementing anticompetitive practices in the mobile telephony sector. Orange and SFR marketed offerings, mainly between 2005 and (...)

The Romanian Competition Authority accepts behavioural commitments of a central securities depository and closes its investigation into the alleged abuse of dominant position (SC Depozitarul Central)
Faculty of Law - University of Macau
On 11 December 2012 the Romanian Competition Authority (CC) concluded its investigation into the alleged abuse of dominant position on the market for the services rendered by the central securities depository by accepting a series of behavioral committments related to the pricing of the (...)

The Belgian Competition Council imposes on national postal incumbent a fine of more than € 37 M for applying a rebate scheme that infringed EU and national competition laws (Bpost)
European Commission
Belgium: Fine for Abuse of Dominance in Postal Sector* On 10 December 2012, the Competition Council (the Council) imposed on bpost (formerly called La Poste – De Post), the Belgian postal incumbent, a fine of € 37 399 786 for a rebate scheme called “model per sender” which was applied from (...)

The Turkish Competition Board decides that a mechanical door lock manufacturer did not abuse its dominant position through various pricing practices (Kale Kilit)
Erdem & Erdem (Istanbul)
The Competition Board (“Board”) decided in its decision dated 06.12.2012 and numbered 12-62/1633-598 that Kale Kilit ve Kalıp Sanayi Anonim Şirketi (“Kale Kilit”) did not carry the characteristics of abuse with its predatory pricing practices and discount systems, and therefore decided not to impose (...)

The Belgian Competition Council decides there are no grounds for action against the incumbent telecom operator for the launch of new tariff plan for fixed telephony services (Tele2 / Belgacom)
European Commission
Belgium : The Belgium Competition Council decides there are no grounds for action against Belgacom for the launch of Happy Time Tariff Plan for fixed Telephony Services* On 29 November 2012, the Competition Council (the Council) concluded that on the basis of the information in its possession (...)

The Belgian Competition Council’s College of Prosecutors dismisses complaints against telecom operator for abusing its dominant position in the market for fixed telephony, due to margin squeeze on its "Happy Time offer" (Tele2 / Belgacom)
Liège University - IEJE
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Covington & Burling (Brussels)
I. The Parties Belgacom S.A. is the incumbent operator on the Belgian telecom market and former historical operator. In 2005, Tele2 was a 100% subsidiary of a Swedish company. In the meantime, this company was sold to KPN, a Dutch company, in 2007. II. The Facts Access to the telecommunication (...)

The Romanian Competition Authority makes binding commitments made by the Central Depository on registry services to securities issuers (Depozitarul Central)
Nestor Nestor Diculescu Kingston Petersen (Bucharest)
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Nestor Nestor Diculescu Kingston Petersen (Bucharest)
Since 2010, following the amendment of the Romanian Competition Law no.21/1996, the Romanian Competition Council (“RCC”) has been able to accept legally binding commitments offered by companies in order to address the concerns relating to potential infringements of competition law. The (...)

The Regional Court in Brno takes a strict view on relevant market definition by the Office for Protection of Competition (Student Agency)
Skils (Prague)
On 9 November 2012, Regional Court in Brno cancelled the decision of Chairman of the Office for Protection of Competition ("Office") in a case concerning an alleged abuse of dominant position in the form of predatory pricing by Student Agency in response to an entry by competing bus company (...)

The Macedonian High Administrative Court upholds the decision of the Macedonian Competition Authority prosecuting the incumbent telecom operator for establishing high prices for its digital lines leased to the rival Internet providers (Macedonian Telecom)
Faculty of Law - University of Macau
On 7 November 2012 the Macedonian High Administrative Court (VUS) upheld the infringement decision of the Macedonian Competition Authority (KZK) where the latter found that the incumbent telecom operator Macedonian Telecom has infringed national equivalent of Article 102 TFEU by establishing (...)

The Czech Office for Protection of Competition again fines telecoms operator for abuse of dominance on the market for telecom services for business customers (Telefónica Czech Republic)
Kinstellar (Prague)
Subject matter of the case: a first decision of the Office The Office for the Protection of Competition ("Office") imposed a fine of CZK 93,109,000 (approximately EUR 3,724,000 ) on Telefónica Czech Republic, a.s. ("Telefónica") for abuse of dominance on the market for public telecom services (...)

The French Competition Authority issues a first commitment decision addressing competition concerns in the Internet connectivity market (France Telecom / Cogent)
European Commission
France: First Commitment Decision related to Internet Neutrality issued by the Autorité de la concurrence* On 20 September 2012, the Autorité de la concurrence (the Autorité) issued for the first time a commitment decision concerning competition concerns relating to certain restrictions allegedly (...)

The Romanian Competition Authority accepts behavioural commitments in unfair pricing case in the natural gas sector (Progaz)
Faculty of Law - University of Macau
On 5 September 2012 the Romanian Competition Authority (CC) has accepted behavioral committments of a dominant undertaking in the natural gas sector and closed its investigation into the alleged abuse of dominant position initiated under the national equivalent of Article 102 TFEU. In June (...)

The Romanian Competition Council closes investigation on abuse of dominant position on the local market of natural gas installations planning and execution accepting commitments undertaken by the monopolist (PROGAZ P&D)
Grigorescu Ştefănică (Bucharest)
Romania: The Romanian Competition Council accepted the commitments undertaken by PROGAZ P&D SA* The Romanian Competition Council (“RCC”) accepted the commitments undertaken by PROGAZ P&D SA in view of relieving the concerns regarding infringement of the antitrust rules by abuse of a (...)

The Supreme Administrative Court of Lithuania brings clearance on assessing excessive pricing under 102 Art. TFEU (Vilniaus energija)
Valiunas Ellex (Vilnius)
Vilniaus energija case is an important national precedent for at least two reasons. First, it explains in which situations prices set by a dominant undertaking may be regarded as unfair (excessive). In that context the Lithuanian courts confirmed that economic analysis is needed in order to (...)

The Competition Tribunal of South Africa rules on exclusionary conduct in the telecommunications industry (Telkom)
University of Johannesburg
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Acacia Economics (Johannesburg)
Over eight years after the matter was referred, on 7 August 2012 the Competition Tribunal found Telkom had abused its dominant position in refusing to provide access to an essential facility to competitors in the form of independent Value Added Network Service providers (VANS), and in inducing (...)

The Belgium Competition Council fines French media distribution company for having abused its dominant position through its system of rebates (Presstalis)
European Commission
Belgium: Fine imposed for Abuse of Dominant Position in Export and Distribution of French Magazines in Belgium* On 30 July 2012, the Competition Council (the Council) sanctioned the French company Presstalis (Presstalis) for having abused its dominant position between 2002 and 2004 through its (...)

The UK Competition Appeal Tribunal imposes exemplary damages in a predatory pricing case in the bus services market (2 Travel / Cardiff Bus)
Sidley Austin (London)
2 Travel v Cardiff Bus – Making Commitments in Dominance Cases Less Attractive?* In early July 2012, the UK’s specialist competition court, the Competition Appeal Tribunal (“CAT”), adopted a judgment (“Judgment”) in which it awarded a claimant (2 Travel) exemplary damages in relation to predatory (...)

The Slovak Competition Authority confirms competence with regard to regulated fees in energy sector (ZSE Distribúcia)
Diwok Hermann Petsche (Baker McKenzie Vienna)
Introduction The Council of the Slovak Competition Authority ("SCA") confirmed the first instance decision imposing a fine on ZSE Distribucia, a.s., Bratislava ("ZSE") for abuse of dominant position. The abuse of dominant position consisted in the charging of unreasonably high fees for (...)

The Regional Administrative Tribunal of Lazio annuls the decision of the Italian Competition Authority which had fined national postal incumbent for an abuse of dominant position in the markets for liberalized value-added services (Poste Italiane)
Alcon (Milan)
The ICA’s decision On December 15, 2011, the Italian Antitrust Authority (hereinafter “ICA”) fined Poste Italiane S.p.A. (“Poste Italiane”), the incumbent operator in the postal sector in Italy, more than EUR 39 million for abusing its dominant position in the markets for liberalized value-added (...)

The Regional Administrative Tribunal of Lazio annuls the decision of the Competition Authority which had fined the incumbent postal operator for an abuse of dominant position in the markets for liberalized value-added services (Poste Italiane)
Alcon (Milan)
The AGCM’s decision On December 15, 2011, the Italian Antitrust Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter "AGCM") fined Poste Italiane S.p.A. ("Poste Italiane"), the incumbent operator in the postal sector in Italy, more than EUR 39 million for abusing its dominant (...)

The Brussels Court of Appeal rules that the right to have access to a file implies the right to obtain a copy of the documents in that file (Belgacom / KPN Group Belgium / Mobistar)
Ravago (Antwerp)
In its judgment of 29 May 2012 the Court of Appeal of Brussels decided that a party that was granted access to the procedural file of the national competition authority within the framework of an appeal procedure, should also have the right to obtain a copy of the documents that are part of (...)

The Brussels Court of Appeal finds that a distribution company delivering and collecting newspapers and magazines abused its dominant position by charging excessive and discriminatory prices (AMP)
Van Bael & Bellis (Brussels)
In a judgment of 29 May 2012, the Brussels Court of Appeal held that AMP, a distribution company delivering and collecting newspapers and magazines for retail shops, had abused its dominant position by increasing the fixed minimum fee for its services without any economic justification. (...)

The German Competition Authority clarifies that examination of a company’s pricing elements can be sole legal test in determining excessive pricing (Water supplier)
Van Bael & Bellis (Brussels)
By decision of 15 May 2012, recently published, the German Federal Court of Justice (“the Court”) annulled a decision of the Higher Regional Court of Stuttgart (“HRCS”), by which the latter had annulled a decision of the federal cartel office (“FCO”) finding that a dominant water supplier had (...)

The EU Commission sends statement of objections to telecom operators regarding their behaviour on several wholesale broadband markets in Slovakia (Slovak Telekom / Deutsche Telekom)
Van Bael & Bellis (Brussels)
On 8 May 2012, the European Commission announced that it had issued a statement of objections to Slovak Telekom a.s. and its parent company, Deutsche Telekom AG, regarding their behaviour on several wholesale broadband markets in Slovakia. According to the Commission’s press release, the (...)

The Mexican Federal Competition Commission annuls abuse of dominance fine imposed on telecoms giant (America Movil)
Mircea & Partners (Bucharest)
America Movil abuse of dominance case seems to be a”happy-end” story but not for everybody* Everybody at America Movil (”AM”) – and especially its owner, Mr.Carlos Slim – should have welcomed with a sense of relief the (somehow unexpected) turn in the saga which started last year when the Mexican (...)

The Swedish Competition Authority closes investigation on alleged abuse of dominant position by the incumbent postal operator (Posten)
European Commission
Sweden: The Competition Authority closes Investigation of alleged Abuse by Posten* On 3 May 2012, the Swedish Competition Authority (SCA) terminated its investigation of two rebate schemes applied by Posten Meddelande AB (Posten), which holds a dominant position on the Swedish postal market. (...)

A US District Court grants motion for summary judgment stating that the alleged exclusionary conduct constituted nonprice restraints and thus subject to rule of reason analysis (Church & Dwight / Mayer Laboratories)
Sheppard Mullin (Los Angeles)
“Planogram” and “Category Captain” Marketing Programs Held Non-Exclusionary* Rival condom manufacturer’s antitrust claims dismissed. Church & Dwight Co., Inc. v. Mayer Laboratories, Inc., United States District Court, Northern District of California, Case No. C-10-4429 EMC (April 12, 2012). (...)

The EU General Court establishes the responsibility of a dominant undertaking to prevent the margin squeeze within the limits imposed by ex-ante regulation (Telefónica)
Blackstone Chambers (London)
Ex ante and ex post regulation following Telefónica* Hats off to Spain for having the nerve to suggest that it might have been a better target for the Commission’s attention than Telefónica, the former monopoly telecoms provider recently fined over €150 million for committing a margin squeeze in (...)

The EU General Court dismisses Spanish telecom incumbent’s appeal against a Commission decision that imposed a €151 million fine on the company for a margin squeeze in the regulated national broadband market (Telefónica)
German Federal Financial Supervisory Authority (Bonn)
On 29 March 2012 the General Court (“GC”) of the European Union dismissed an appeal lodged by Telefónica and its wholly owned subsidiary Telefónica España (hereinafter “Telefónica”) against a Commission decision of 4 July 2007 that imposed a €151 million fine on the company for having abused its (...)

The Czech Regional Court of Brno holds that a request for information is inadmissible only if clearly excessive in a case concerning an abuse of dominance in the telecom sector (Telefonica)
Kinstellar (Prague)
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Kinstellar (Prague)
Subject matter of the case In March 2011, the Office for Protection of Competition (the “Office”) initiated administrative proceedings against Telefónica Czech Republic (“Telefónica“) for alleged abuse of dominant position by means of a margin squeeze in the market of access to Internet services (...)

The EU General Court dismisses Spain’s appeal against the Commission’s infringement decision that held national telecom incumbent liable for an abusive margin squeeze in the regulated Spanish broadband market (Telefónica)
German Federal Financial Supervisory Authority (Bonn)
On 29 March 2012 the General Court ("GC") of the European Union dismissed an appeal lodged by the Spanish state against a Commission decision of 4 July 2007 that imposed a €151 million fine on Telefónica for a margin squeeze in the Spanish broadband market. The GC’s judgment confirms the (...)

The EU Court of Justice endorses an effects-based approach on the assessment of low pricing policy under Article 102 TFEU (Post Danmark)
University of Amsterdam
Post Danmark: does the ECJ take the effects based approach further than a mere price/cost-test and does it oblige the national judge to apply that effects based approach ex nunc?* In a grand chamber judgment in case C‑209/10, Post Danmark, the European Court of Justice (ECJ) handed down a (...)

The EU Court of Justice affirms the application of a consumer oriented effects-based approach to exclusionary pricing practices of dominant undertakings and the "as efficient competitor test" as a basis for their assessment: A big step towards the consistent application of an effects-based approach to exclusionary pricing practices of dominant undertakings (Post Danmark)
DG COMP (Brussels)
The author is Principal Expert in Antitrust Policy at DG Competition, European Commission. The views expressed in this article are his own and do not necessarily reflect those of DG Competition or the European Commission. The author expresses its thanks Ekaterina Rousseva and Carles Esteva (...)

The French Civil Supreme Court invalidates the restrictive interpretation of the concept of the effect on trade between member States (Orange Caraïbe)
Vogel & Vogel (Paris)
In 2004, Orange Caraïbe was subject to protective measures in order to put an end to anticompetitive practices on the mobile phone market in the French Caribbean. Five years later, the Competition Authority (AdlC) handed down a 63 million euro fine to Groupe France Telecom. On 23 September 2010, (...)

The Spanish Supreme Court changes stance and rules that an isolated conduct in the daily energy market constitutes a continuous abuse of dominance (Iberdola Generación)
DG COMP (Brussels)
I. The Spanish generation market As has been described in previous bulletin articles the Spanish generation market is extremely complex and heavily intervened by burdensome regulation. In a nutshell, tenders (pools) are organised every hour of the day by a public entity in order to fulfil the (...)

The French Competition Authority accepts and renders mandatory the commitments proposed to solve competition concerns on the meteorological services for businesses sector (Météo France)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence makes commitments by Météo-France regarding a clear separation between its business activities and its public service remit binding. Météo-France commits in particular to upgrade and (...)

The Irish Competition Authority closes its investigations with binding commitments undertaken by the TV broadcasting company concerning advertising airtime deals (RTÉ)
Irish Competition Authority (Dublin)
Successful resolution to complaint against RTÉ* The Competition Authority has published details of the successful outcome of an investigation involving RTÉ, following a complaint made by TV3. TV3 had complained that RTÉ’s “share deal” was anti-competitive. The share deal is a scheme used by RTÉ (...)

The Irish Competition Authority accepts commitments from main television and radio broadcaster regarding discounts to advertisers (RTE)
Van Bael & Bellis (Brussels)
On 17 January 2012, the Competition Authority of Ireland (“ICA”) announced that it had successfully resolved an investigation against RTE, Ireland’s main television and radio broadcaster, in relation to allegedly anti- competitive discounts that were offered to advertisers. RTE has offered (...)

The Turkish Competition Authority rejects the claims of predatory pricing and abuse of regulatory procedures in the market for domestic and international flights (Turkish Airlines / Pegasus)
University of Sussex (Brighton)
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the claims that Turkish Airlines engaged in predatory pricing and abused regulatory procedures in the market for domestic and international flights with a view to driving one of its competitor, (...)

The Antimonopoly Office of the Slovak Republic fines electricity distribution company for abuse of a dominant position by charging excessive prices for electricity metering (ZSE)
Agency for the Cooperation of Energy Regulators (ACER) (Ljubljana)
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Kinstellar (Bratislava)
Factual background By its decision No. 2012/DZ/R/2/030, the Council of the Antimonopoly Office of the Slovak Republic (the “Council”), acting in its capacity as the appellate body of the Antimonopoly Office of the Slovak Republic (the “AMO”) rejected on 29 June 2012 the appeal of ZSE Distribúcia (...)

The Italian Competition Authority fines the postal incumbent for foreclosing competitors from the markets for added value postal services (Poste Italiane)
Desogus Law Office (Cagliari)
Introduction The Italian Competition Authority (ICA) imposed a euros 39.377.489,00 fine on Poste Italiane (PI), the Italian incumbent post operator, for breaching Article 102 TFEU. PI abused its dominant position by engaging into a number of exclusionary practices against its competitor, TNT (...)

The Italian Antitrust Authority fines national postal incumbent for abuse of dominant position (Post / Poste Italiane)
LUISS Guido Carli University (Rome)
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LUISS Guido Carli University (Rome)
Following the complains of TNT Post Italia S.p.A. (TNT), on 15/10/2009 the Italian Antitrust Authority (Autorità Garante della Concorrenza e del Mercato - AGCM) started a preliminary investigation to assess a potential violation of the article 102 TFUE by Poste Italiane S.p.A (PI). After the (...)

The Italian Competition Authority fines the national incumbent in the postal services for a violation of Art. 102 TFEU (Poste Italiane)
European Commission
Italy: Poste Italiane abuses Dominant Position* On 14 December 2011, the Italian Competition Authority (ICA) sanctioned the national incumbent in the postal services, Poste Italiane, for a violation of Article 102 TFEU on the Italian bulk mail market, as well as on two Italian newly (...)

The Danish Competition Appeals Tribunal partially annuls finding of abuse for loyalty rebates implemented by Danish postal service provider (Post Danmark)
Van Bael & Bellis (Brussels)
On 9 December 2011, the Danish Competition Appeals Tribunal (“CAT”) handed down its judgment repealing a decision of the Danish Competition Council (“CC”) of 22 December 2010, in which the CC had found that the national postal service provider Post Danmark had abused its dominant position in (...)

A Swedish Court orders a telecoms operator to pay a fine of approximately € 15 000 000 for infringing art. 102 TFEU (Telia Sonera)
European Commission
Sweden: The Stockholm City Court orders Telia Sonera to pay a Fine of approximately € 15 000 000 for infringing Article 102 TFEU* On 2 December 2011, the Stockholm City Court (the City Court) ordered Telia Sonera Sverige AB (Telia Sonera) to pay an administrative fine amounting to SEK 144 000 (...)

The Swedish Market Court finds taxi traffic control companies’ additional fee for enhanced pre-ordering services abusive (Uppsala Taxi / Europark / Swedavia)
General Court of the European Union (Luxembourg)
On 23 November 2011, the Swedish Market Court handed down its judgment in Uppsala Taxi 100 000 AB (“Uppsala Taxi”) v. Europark Svenska Aktiebolag (“Europark”) and Swedavia AB (“Swedavia”). Uppsala Taxi brought proceedings against Europark and Swedavia (the “Defendants”) for an alleged abuse of a (...)

The EU Commission makes legally binding commitments by a national numbering agency to abolish fees for use of US international securities identification numbers (Standard & Poor’s)
Liège University - IEJE
The Rick Perry Syndrome* “Oops“, the Commission did it again… On November 15, 2011, in the S&P case, the Commission again closed abuse of dominance proceedings with an Article 9 decision. As already explained, Article 9 decisions have become the conventional procedure in Article 102 TFEU (...)

The Croatian Competition Authority closes its investigation concerning excessive prices in the market for quality certification services harmonized with the construction products Directive (IGH)
Faculty of Law - University of Macau
On 13 October 2011 the Croatian Competition Authority (AZTN) dismissed the complaint lodged by the cement importer ARMACOM d.o.o. against Institut IGH d.d., an organization authorized by the Ministry of Environmental Protection, Physical Planning and Construction (MZOPU) to provide inspection (...)

The Competition Authority of Bosnia & Herzegovina closes the investigation into the alleged abusive practices of the incumbent telecom operator without reaching a decision on the merits (Telekom RS / Crumb group)
Faculty of Law - University of Macau
On 12 October 2011 the Competition Authority of Bosnia & Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the incumbent telecom operator Telekom RS. The KV‘s investigation was prompted by a complaint lodged by an independent telecom (...)

The Brussels Court of Appeal decides the appointment of experts to investigate abuse of dominant position in the railway sector (NMBS / SNCB, Electrabel)
Van Bael & Bellis (Brussels)
On 11 October 2011, the Brussels Court of Appeal (Hof van Beroep/Cour d’Appel) gave an interlocutory judgment designating a panel of experts in a case pitting NMBS/SNCB, the national railway company, against Electrabel. The appeal judgment overturns the initial judgment of the Court of (...)

The OECD holds a roundtable on excessive prices
OECD - Competition Division
One of the most controversial theories of harm in competition law in general and within the category of exploitative abuses in particular is excessive prices. Regulatory interventions with the aim of curbing excessive prices are prevalent not only in those jurisdictions that allow for excessive (...)

The Lithuanian Competition Council terminates investigation on the alleged abuse of a dominant position of Lithuanian Railways (Lietuvos gelezinkeliai / Baltic Rail)
Valiunas Ellex (Vilnius)
On 15 September 2011 the Competition Council of the Republic of Lithuania (hereinafter – the Competition Council) by its resolution No 1S-184 terminated the investigation concerning an alleged abuse of a dominant position of AB Lietuvos gelezinkeliai (Lithuanian Railways) (hereinafter – LG) by (...)

The Spanish Competition Commission fines the incumbent postal operator for breach of commitments agreement (Correos)
European Commission
Spain: The CNC fines CORREOS for Breach of Commitments Agreement* In its Resolution of 23 August 2011, the National Competition Commission (CNC) Council found that it was established that the Sociedad Estatal Correos y Telégrafos, S.A. (Correos) had breached the Commitments Agreement concluded (...)

The Irish High Court refuses to grant an injunctive relief to restrain an alleged abuse of dominant position by engaging in predatory pricing
Arthur Cox (Dublin)
This case involves an application for injunctive relief to restrain an alleged breach of Competition Law, namely the abuse of a dominant position under s.5 of the Competition Act 2002 (“the 2002 Act”) by engaging in predatory pricing. Whilst the case started off as a domestic Irish Competition (...)

The Helsinki Court of Appeals dismisses the appeal of the Finnish composers’ copyright society to annul a decision founding it has abused its dominant position on the market of licensing copyrights (Teosto)
European Commission
Finland: Copyright Management Organization abused its Dominant Position* On 30 June 2011, the Helsinki Court of Appeals dismissed the appeal of the Finnish Composers’ Copyright Society (Teosto) to annul a district court decision where Teosto was found to have abused its dominant position on the (...)

A Norwegian District Court dismisses a counter-claim against a subsidiary of the incumbent railway operator for abusing its dominant position (CargoNet / CargoLink)
BA-HR (Oslo)
In a judgment handed down on 24 June 2011, the Drammen District Court dismissed a counter-claim entered by railway operator CargoLink AS (Cargolink) against fellow operator CargoNet AS (CargoNet). Cargolink alleged that it had suffered economic losses as a result of CargoNet‘s abuse of (...)

The Supreme Court of Norway renders its first judgment interpreting Section 11 of the Norwegian Competition Act which forbids the abuse of a dominant position (Tine)
BA-HR (Oslo)
On 22 June 2011, the Norwegian Supreme Court rendered its first ever judgment interpreting Section 11 of the Norwegian Competition Act which forbids the abuse of a dominant position, a provision akin to Article 102 TFEU. The judgement ultimately vindicates dairy producer Tine AS («Tine«) for (...)

The Swedish Market Court prohibits the national postal operator’s rebate system and made its decision subject to the penalty of a fine of SEK 100 million (Bring CityMail Sweden / Posten Meddelande)
Vinge (Stockholm)
,
Cosmetics Europe (Brussels)
Introduction The claimant, Bring CityMail Sweden AB (“CityMail”) brought a claim against the Swedish Post (“Posten”), arguing that the discounts offered by Posten to its clients had foreclosure effects. The Market Court placed the burden of proof on Posten to prove that the discount programme was (...)

The Swedish Market Court finds that national postal operator abused its dominant position in the market for bulk mail deliveries (Bring CityMail Sweden / Posten Meddelande)
Stockholm University
In a ruling of 8 June 2011, the Swedish Market Court prohibits the national postal operator Posten from applying a worksharing discount system on certain bulk mail deliveries. The discount system is found to have foreclosing effects, and its application constitutes an abuse of Posten‘s dominant (...)

A US District Court denies a motion to dismiss allegations of a price squeeze implemented through the granting of secret rebates to the plaintiff’s customers on the market for resailing of paper bag products (Western Pacific Kraft / Duro Bag)
Sheppard Mullin (Los Angeles)
In Secret Rebate Case, If It Walks Like A Duck, Allegations That It Will Also Quack Are Plausible* On May 24, 2011, United States District Court, Central District of California, denied a motion to dismiss allegations of a "price squeeze" implemented through the granting of secret rebates to (...)

A US district court, relying on ’common sense’, denies a motion to dismiss allegations of a ’price squeeze’ in the paper bags industry (Western Pacific Kraft / Duro)
Womble Bond Dickinson (Washington D.C.)
California Court Relies on “Common Sense” in Rejecting Twombley Challenge* Perhaps there is life for conclusory antitrust claims after Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). On May 24, the United States District Court for the Central District of California denied a motion to (...)

The ECJ Advocate General Mengozzi issues an opinion on price discrimination and exclusionary abuses of dominance in the bulk mail industry (Post Danmark)
Gatti Pavesi Bianchi (Milan)
Price discrimination and exclusionary abuses of dominance: A call for effects-based enforcement* It is often said, with good statistical records, that opinions of the Advocate Generals are to a large extent endorsed by the European Court of Justice (“ECJ”). If so, the opinion recently handed (...)

The German Competition Authority orders a producer of laboratory chemicals to cease discriminatory treatment of its customers (Merck)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 19 May 2011, the German Federal Cartel Office (“FCO”) found that Merck KGaA (“Merck”) had abused its dominant position in the markets for several laboratory chemical products by discriminating among its customers. According to the FCO, Merck provided more favourable sales conditions to its (...)

The Moldovan Competition Authority finds excessive tariffs charged by the bus terminal operators for their ticketing services (Auto Terminals and Stations)
Faculty of Law - University of Macau
On 13 May 2011 the Moldovan Competition Authority (ANPC) held that seven private bus terminal operators were imposing economically unjustified (excessive) charges for their ticketing services and thus committed an exploitative abuse of dominant position pursuant to the national equivalent of (...)

The Competition Authority of Bosnia & Herzegovina closes its investigation into the alleged predatory pricing practices on the market for TV commercials
Faculty of Law - University of Macau
On 5 May 2011 the Competition Authority of Bosnia & Herzegovina (KV) rejected an abuse of collective dominance complaint lodged by the public TV operator Radiotelevizija Bosne i Hercegovine (BHTV) against a number of public and private TV companies (Radiotelevizija Federacije BiH (FTV), (...)

The Belgian Competition Authority annuls decision rejecting complaint against a Belgian brewer (Inbev)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
In a decision of 29 April 2011, the Belgian Competition Council annulled, on appeal, a decision of the College of Competition Prosecutors rejecting a complaint lodged by Freedom, an association of drinks wholesalers, against Belgian brewer Inbev. In its complaint, Freedom alleged that Inbev (...)

The Belgian Competition Council returns a case to the College of Prosecutors for having failed to consider the repeated nature of an abuse of dominance in the pharmaceutical sector (Omega Pharma)
Philippe & Partners (Brussels)
,
Arendt & Medernach (Luxembourg)
I. The parties The plaintiff is an independent Belgian dispensing chemist. The defendant is Omega Pharma NV (here after “Omega Pharma”) an important supplier of raw material and packaging products also active in the field of “Over-The-Counter” products (OTC-products). The decision analysed is (...)

The Swiss Supreme Court upholds the annulment of the record fine on the historical telecom operator for excessive pricing in mobile termination fees (Swisscom / Comco)
Swiss Competition Commission (Basel)
On 11th April 2011, the Swiss Supreme Court rendered its long-awaited decision in the mobile termination fees case about an alleged abuse of dominance of Swisscom, the Swiss historical telecom operator. In 2007, the Swiss Competition Commission (Comco) has imposed a record fine of over 200 (...)

The Danish Supreme Court upholds judgment by the Eastern High Court finding that a broadcaster has abused its dominant position by granting rebates (TV2)
Danish Competition and Consumer Authority (Copenhagen)
On 18 March 2011, the Danish Supreme Court upheld a judgment by the Eastern High Courtfinding that the Danish broadcaster TV2 had abused its dominant position by granting loyalty enhancing rebates in connection with the sale of television advertising space, contrary to Section 11 of the Danish (...)

The Danish Supreme Court confirms that a TV broadcaster has abused its dominant position in the market for national television commercials in the form of illegal loyalty-inducing discounts (TV 2 / Danmark)
Bech-Bruun (Copenhagen)
On 18 March 2011 the Danish Supreme Court delivered a final judgment in the case concerning TV 2/Danmark’s use of loyalty-inducing discounts in the Danish market for TV advertising. The Supreme Court held in the judgment that TV 2/Danmark’s annual discounts are likely to have a material (...)

The Croatian Competition Agency rejects claim of abuse of a dominant position in the movie sector (Kino Zadar Film / Blitz film i video distribucija / Duplicato Media)
University of Zagreb - Faculty of Economics and Business
Croatian Competition Agency rejected on 24 February 2011 as unfounded a claim of an independent movie theatre in the coastal town of Zadar (Kino Zadar Film d.o.o.) that vertically integrated movie distributors (Blitz film i video distribucija d.o.o. and Duplicato Media do.o.o.) abused their (...)

The Croatian Competition Agency rejects claim of abuse of a dominant position in the movie sector (Kino Zadar Film/Blitz film i video distribucija and Duplicato Media)
University of Zagreb - Faculty of Economics and Business
Croatian Competition Agency rejected on 24 February 2011 as unfounded a claim of an independent movie theatre in the coastal town of Zadar (Kino Zadar Film d.o.o.) that vertically integrated movie distributors (Blitz film i video distribucija d.o.o. and Duplicato Media do.o.o.) abused their (...)

The EU Court of Justice clarifies the scope of the law in relation to pricing practices of vertically integrated companies in the telecommunications sector (TeliaSonera)
McDermott Will & Emery (Brussels)
,
Siemens (Brussels)
,
Jones Day (Brussels)
This article is the winner for the business category, economics section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 17 February 2011, the European Court of Justice (ECJ) – on a reference for a preliminary ruling by the (...)

The EU Court of Justice holds a preliminary ruling in a margin squeeze case in the telecomunications sector (TeliaSonera)
Airbus Defence and Space (Toulouse)
,
European Commission - DG CNECT (Brussels)
The opinions expressed in this article are the personal views of the individual authors and do not necessarily represent the views of the employers of the authors. Warm thanks are expressed to Dilip Roy, Ben Harries and Simon Maunder for their contribution to this paper. Background Until the (...)

The EU Court of Justice holds a decision on margin squeezes in the telecomunications sector addressing the issue of indispensability (TeliaSonera)
Cleary Gottlieb Steen & Hamilton (Brussels)
How Indispensable Is Indispensability?* In its recent TeliaSonera judgment, the Court of Justice discusses whether a margin squeeze can only be abusive if the dominant company has a duty to supply the input at issue. The Court concludes that a duty to supply is not needed. The judgment, (...)

The EU Court of Justice clarifies the scope of the law in relation to pricing practices of vertically integrated companies in the telecommunications sector (TeliaSonera)
McDermott Will & Emery (Brussels)
,
Siemens (Brussels)
,
Jones Day (Brussels)
This article is the winner for the business category, economics section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 17 February 2011, the European Court of Justice (ECJ) – on a reference for a preliminary ruling by the (...)

The EU Court of Justice clarifies the scope of the law in relation to pricing practices of vertically integrated companies in the telecommunications sector (TeliaSonera)
McDermott Will & Emery (Brussels)
,
Siemens (Brussels)
,
Jones Day (Brussels)
This article is the winner for the business category, economics section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 17 February 2011, the European Court of Justice (ECJ) – on a reference for a preliminary ruling by the (...)

The EU Court of Justice holds a decision on margin squeeze in the telecomunications sector addressing the issue of indispensability (TeliaSonera)
Cleary Gottlieb Steen & Hamilton (Brussels)
How Indispensable Is Indispensability?* In its recent TeliaSonera judgment, the Court of Justice discusses whether a margin squeeze can only be abusive if the dominant company has a duty to supply the input at issue. The Court concludes that a duty to supply is not needed. The judgment, (...)

The EU Court of Justice clarifies the scope of the law in relation to pricing practices of vertically integrated companies in the telecommunications sector (TeliaSonera)
McDermott Will & Emery (Brussels)
,
Siemens (Brussels)
,
Jones Day (Brussels)
This article is the winner for the business category, economics section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 17 February 2011, the European Court of Justice (ECJ) – on a reference for a preliminary ruling by the (...)

The Swedish Competition Authority welcomes the EU Court of Justice preliminary ruling on "margin squeeze" as a stand alone antitrust abuse in the telecom sector (TeliaSonera)
European Commission
Sweden: The Competition Authority welcomes ECJ Judgment on Competition in the Telecom Sector* The Swedish Competition Authority (the Authority) welcomes the Judgment of the European Court of Justice (ECJ) of 17 February 2011 in the case C-52/09, Konkurrensverket against TeliaSonera Sverige AB. (...)

The EU Court of Justice holds a decision on margin squeeze in the telecomunications sector addressing the issue of indispensability (TeliaSonera)
Cleary Gottlieb Steen & Hamilton (Brussels)
How Indispensable Is Indispensability?* In its recent TeliaSonera judgment, the Court of Justice discusses whether a margin squeeze can only be abusive if the dominant company has a duty to supply the input at issue. The Court concludes that a duty to supply is not needed. The judgment, (...)

The EU Court of Justice holds a decision on margin squeeze in the telecomunications sector addressing the issue of indispensability (TeliaSonera)
Cleary Gottlieb Steen & Hamilton (Brussels)
How Indispensable Is Indispensability?* In its recent TeliaSonera judgment, the Court of Justice discusses whether a margin squeeze can only be abusive if the dominant company has a duty to supply the input at issue. The Court concludes that a duty to supply is not needed. The judgment, (...)

The EU Court of Justice issues a preliminary ruling in a case concerning price squeeze abuses providing clear guidance on this issue (TeliaSonera)
Jones Day (Brussels)
,
Jones Day (Brussels)
On 17 February 2011, the European Union Court of Justice ("CJ") issued a preliminary ruling in an ongoing case concerning price squeeze abuses. Questions were referred to the CJ from the Stockholm District Court, which has before it a case between Swedish telecommunications company TeliaSonera (...)

The Bulgarian Supreme Administrative Court upholds the Competition Authority’s decision finding no infringement of Art. 102 TFEU in a case involving concurrent application of competition rules and communications regulation (BTC Cable Ducts)
University Paris Dauphine
I. Introduction 1. Almost three months before the ECJ held its decision upon a preliminary reference in Tele2 Polska, a five-judge panel of the Bulgarian Supreme Administrative Court (’SAC5’), in a judgment of 15 February 2011 , reached an opposite conclusion, approving the NCA’s power to find no (...)

The Hellenic Competition Commission dismisses the allegations of abuse of the relationship of economic dependency and anti-competitive behaviour launched by an office materials distributor against a leading office materials producer (Dakos / Brother International Europe)
University College London
The undertakings In 2008 ‘‘Dakos.S.A.’’ brought a complaint against ‘‘Brother International Europe Ltd’’ alleging breach of article 1(1) and 2(a) of Greek law 703/77 on the control of monopolies and oligopolies and the protection of free competition, as well as article 101 TFEU. The Hellenic (...)

The Paris Court of Appeal quashes the decision of the French Competition Authority in a margin squeeze case (SFR / France Telecom)
Keller and Heckman (Paris)
On 27th January 2011, the Paris Court of Appeal, following two remands from the Supreme Court, finally handed down a decision confirming the last decision of the French Supreme Court (Cour de cassation)in the margin squeeze case in the telecom sector. In its last decision, the Supreme Court set (...)

The Spanish Competition Commission opens formal proceedings against three telecommunications operators (Telefónica Móviles, Vodafone and Orange)
European Commission
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Danish Competition Council finds that the national incumbent postal carrier has abused its dominant position through loyalty enhancing rebates (Post Danmark)
Danish Competition and Consumer Authority (Copenhagen)
On 22 December 2010, the Danish Competition Council («DCC«) adopted a decision finding that the Danish incumbent postal carrier, Post Danmark A/S («Post Danmark«) had abused its dominant position in the national market for magazine mail by (i) granting individual target rebates to four large (...)

The Danish Competition Council orders leading postal service company to stop providing individual rebates that lead to loyalty-binding as well as market foreclosure on the market for magazine mail (Post Danmark)
Kromann Reumert (Copenhagen)
The Danish Competition Council (DCC) has 22 December 2010 ordered Post Danmark to stop providing individual rebates that lead to loyalty-binding as well as market foreclosure on the market for magazine mail. This is the fourth time that Post Danmark has been under investigation by the Danish (...)

The Romanian Competition Authority finds no abuse of dominance in a situation of monopsony on the steel products market (Cost / Sterom)
Faculty of Law - University of Macau
On 22 December 2010 the Romanian Competition Authority (CC) completed its investigation into the possible abuse of dominance on the market for the cold drawn alloy steel bars manufactured by SC COST SA (COST). The CC’s investigation was prompted by a complained lodged by SC PCC STEROM SA (...)

The Swedish Competition Authority follows up previous commitments and decides not to take further action against French global specialist in energy management (Schneider)
European Commission
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Romanian Competition Council sanctions the postal incumbent with 26 M € fine for abuse of a dominant position (Romanian Post)
European Commission
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Competition Council of the Republic of Lithuania imposes a fine on an oil refinery for abuse of dominance after conducting an additional investigation (Orlen Lietuva)
Max Planck Institute for Innovation and Competition (Munchen)
The Competition Council’s additional investigation of the actions of the oil refinery AB “Mažeikių Nafta” resulted in an infringement decision on 16 December 2010. The company was charged with the LTL 8 231 000 (approx. EUR 2 385 797) fine for an abuse of its dominant position in terms of a (...)

The Romanian Competition Council finds an abuse of dominance on the markets for delivery of addressed marketing materials and standard correspondence delivery (Romanian Post/ Mailers Serv / Infopress)
Musat & Asociatii (Bucharest)
On 16 December 2010 the Competition Council issued Decision 52/2011 finding that the Romanian National Post Company (“CNPR”) was guilty of an abuse of dominant position through discriminatory practices towards entities that were economically dependent upon it. I. The facts A number of (...)

The Italian Competition Authority opens an Art. 102 TFEU investigation against the incumbent national railway undertaking for refusal of granting track access to a new train operator (Arena Ways)
Desogus Law Office (Cagliari)
By a decision taken on 15 December, the Italian Competition Authority (ICA) has opened an investigation into abusive conducts allegedly put into place by the incumbent national railway undertaking, the group Ferrovie dello Stato (FS). FS would have frustrated the entry into the market for rail (...)

The Hellenic Competition Commission recalculates the fine imposed on a leading food company’s for its anti-competitive practices in the instant coffee market (Nestlé)
Ofcom (London)
Background of the dispute In a 2009 decision, the Hellenic Competition Commission (HCC) had found that Nestle had infringed articles 101 and 102 TFEU as well as the corresponding articles of national competition law (articles 1 and 2 of Law 703/77). In particular, Nestle was found, inter alia, (...)

The French Competition Auhtority issues an opinion concerning the dominant position of a search engine company in the market for online advertising (Google)
French Competition Authority (Paris)
The Autorité de la concurrence considers that Google holds a dominant position on the advertising market linked to search engines. It considers that competition law can apply limits to Google’s actions and provide a response to the competitive stakes brought to light by the actors, without the (...)

The Luxembourg Competition Council releases a decision imposing remedies on an undertaking active on the cabled distribution market (Coditel)
Brown Brothers Harriman (BBH) (Luxembourg)
,
Arendt & Medernach (Luxembourg)
On 10 December 2010, the Luxembourg Competition Council (“the Council”) has adopted the decision N°2010-FO-02 providing an assessment of the competition law situation on the TV cabled distribution market. Beside a previous decision where the President of the Council has imposed “interim measures” (...)

The Latvian Competition Council fines retail chain for imposing unfair discounts on a milk processing company (Supernetto)
Konkurences padome (Riga)
The Competition Council Fines Retail Chain for Imposition of Unfair Discounts on Milk Processing Company* On 30 November 2010 the Competition Council (CC) adopted a decision to fine one of the largest retail chains in Latvia RIMI Latvia Ltd. for abuse of dominant position in retail trade. It (...)

The German Federal Court of Justice upholds an higher regional Court decision vacating the Federal Cartel Office’s decision fining a leading German drugstore chain for predatory pricing by disagreeing with the NCA’s method of calculating the purchase price (Rossmann)
American Bar Association
In its decision without reasons dated 12 November 2010, the Federal Court of Justice upheld the Düsseldorf Higher Regional Court’s decision vacating the Federal Cartel Office’s administrative fine dating from 8 February 2007 in the amount of € 300,000 on Rossmann, a leading German drugstore chain, (...)

The Bosnian & Herzegovinan Competition Authority closes the investigation into the alleged margin squeeze practices of the incumbent telecom operator (BH Telecom)
Faculty of Law - University of Macau
On 4 November 2010 the Competition Authority of Bosnia & Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the incumbent telecom operator BH Telecom. The KV‘s investigation was prompted by a complaint lodged by an independent telecom (...)

The EU Court of Justice upholds the €12.6 million fine imposed by the EU Commission for abuse of dominant position in the German telephony fixed market (Deutsche Telekom)
Dentons (Brussels)
,
Covington & Burling (Frankfurt)
On October 14, the Court of Justice of the European Union (the Court) issued its judgment in Deutsche Telekom AG vs. Commission (Case C-280/08 P, hereinafter the “Judgment”) dismissing an appeal brought by Deutsche Telekom AG (Telekom) against a judgment of the Court of First Instance (now the (...)

The EU Court of Justice upholds EU Commission’s fine against telecommunications operator in margin squeeze case (Deutsche Telekom)
Jones Day (Brussels)
,
Jones Day (Brussels)
This article is the winner for the business category, unilateral conducts section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 14 October 2010, the European Court of Justice (ECJ) upheld the European Commission’s € 12.6 million fine on (...)

The EU Court of justice rules on predatory pricing in the form of price squeeze (Deutsche Telekom)
General Court of the European Union (Luxembourg)
The case discussed in this brief has lasted several years as it gave rise to a decision adopted by the European Commission and a judgment issued by the general Court before ending up, on appeal, before the European Court of justice. As other judgments, this ruling raises the question to what (...)

The Dutch Trade and Industry Appeals Tribunal annuls decision of Competition Authority on abuse of dominance regarding rebates (CRV Holding)
De Nederlandsche Bank (DNB)
,
Smeets Van Empel advocaten (Amsterdam)
I. Facts and procedure Reversing the judgment of the District Court Rotterdam (“District Court”), the Dutch Trade and Industry Appeals Tribunal (“Tribunal”) has annulled the fine imposed by the Dutch Competition Authority (“NMa”) on CRV Holding B.V. (“CRV”) for abuse of a dominant position. By (...)

The Paris Court of Appeal rejects the applicability of Art. 101 and 102 TEU but upholds the findings that two telecom operators had abused their dominant positions in the telephony markets (Orange Caraïbe / France Telecom)
French Competition Authority (Paris)
The Court of Appeal ruled on 23 September 2010 in the Orange Caraïbe case. It mainly upheld the findings of the French Competition Authority. Nonetheless, ruling out the applicability of Article 101 and 102 on doubtful grounds, it also quashed the decision insofar it found a margin squeeze in (...)

The Brussels Court of First Instance dismisses the action brought by the national railway company for lack of proof (NMBS / SNCB / Electrabel)
Van Bael & Bellis (Brussels)
On 20 September 2010, the Brussels Court of First Instance dismissed the action brought by NMBS/SNCB, the national railway company, against Electrabel for lack of proof. Mere reliance upon a report published by the energy regulator was found inconclusive evidence to demonstrate an abuse (...)

The EU General Court upholds a Commission’s decision concerning an abuse of dominance in the market for machines for the collection of used beverage containers addressing the issues of loyalty rebates and exclusivity agreements (Tomra)
Liège University - IEJE
Hungry for More?* Apologies for the long post, but I have several remarks to add to my former post under Tomra v. Commission: •Priority-setting – As most of you know, this judgment confirmed a Commission Decision of 2006, in which Tomra, a producer of reverse vending machines used for (...)

The EU General Court confirms fine imposed by the Commission for abuse of dominant position in the market for reverse-vending machines (RVM) used to collect used beverage containers focusing on exclusive agreements and loyalty-based rebates (Tomra)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
On September 9, 2010, the General Court of the EU (the Court) issued its judgment in Tomra vs. Commission (Case T-155/06), dismissing an appeal brought by Tomra against a European Commission decision imposing a €24 million fine for abuse of its dominant position in Germany, Austria, Sweden, the (...)

ECJ Advocate General Mázak adopts opinion that limits the application of the margin squeeze theory to regulated markets and indispensable inputs (TeliaSonera Sverige)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 2 September 2010, Ján Mázak, an Advocate General (“AG”) at the European Court of Justice (“ECJ”), published his opinion in a case considering whether TeliaSonera, the Swedish telecom incumbent, abused its dominant position as the owner of the country’s telephony infrastructure by engaging in a (...)

The Dutch Trade and Industry Appeals Tribunal overturns a decision by the NCA not to investigate an excessive pricing complaint (KLM / SLM)
Liberty Global (Amsterdam)
The complaint The appeal relates to a complaint submitted by a society of travellers (Vereniging van Reizigers -“VVR”) to the Netherlands Competition Authority (“NMa”) on 16 April 2003. The complaint alleges that the airlines KLM and SLM are abusing their dominant position on the route Amsterdam - (...)

The Dutch Trade and Industry Appeals Tribunal rejects contestable market argument and orders NCA to reinvestigate abuse of dominance by KLM/SLM (KLM / SLM)
Netherlands Authority for Consumers & Markets (The Hague)
,
SEO Economic Research (Amsterdam)
Facts In 2003 the Vereniging van Reizigers (an association of travellers, hereafter VVR) filed a complaint at the Netherlands Competition Authority, the NMa about abuse of a dominant position by airlines KLM and Surinam Airways (hereafter SLM) on the route Amsterdam - Paramaribo. The NMa (...)

The US Court of Appeals for the 8th Circuit follows a judicial trend applying the "attribution" test under s. 2 of the Sherman Act concerning bundled discounts in the healthcare sector (Southeast Missouri Hospital)
University of Pennsylvania (Philadelphia)
Are the Courts Moving Toward a Consensus on Bundled Discounts and §2 of the Sherman Act?* The Eighth Circuit’s recent decision in Southeast Missouri Hospital v. C.R. Bard, Inc., ___ F.3d ___, 2010 WL 3220600 (8th Cir. Aug. 17, 2010), aligns this Circuit with the Ninth Circuit’s decision in (...)

The US 1st District California Court of Appeal upholds a jury verdict finding that a claim of unfair competition based on below-cost sales of advertising did not require proof of the defendant’s ability to recoup losses by subsequent monopoly pricing (Bay Guardian Company / New Times Media)
Sheppard Mullin (Los Angeles)
A Step Back to Square One? California Court of Appeal Elevates UPA Protection of Competitors Over Protection of Competition in Newspaper Ad Dispute* On August 11, 2010, the California Court of Appeal for the First District upheld a jury verdict in favor of plaintiff Bay Guardian Company (...)

The US FTC settles charges of anticompetitive conduct against manufacturer of computer chips (Intel)
Stanford University - Stanford Law School
FTC settles complaint against Intel* On 4 August 2010 the U.S. Federal Trade Commission (“FTC”) approved a settlement with Intel Corp. on charges that the company violated Section 5 of the FTC Act by engaging in unfair methods of competition and deceptive acts and practices in commerce, (...)

The US FTC settles the first significant antitrust enforcement action brought under section 5 of the FTC Act (Intel)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
,
Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
On August 4, 2010, the Federal Trade Commission (FTC) announced that it entered into an agreement with Intel Corporation to resolve a much-hyped administrative complaint filed on December 16, 2009. The FTC’s complaint against Intel was filed under Section 5 of the FTC Act, shortly after the FTC (...)

The Hellenic Competition Commission rejects a complaint against the municipality of Athens for abuse of dominance on the basis that it did not act as an "undertaking" (Georgios Koutros / General Association of Greek Consumers)
Ernst & Young (Athens)
On July 21, 2010 the Hellenic Competition Commission ("Epitropi Antagonismou", hereinafter "HCC") issued a decision on the merits by which it rejected a complaint brought against the Municipality of Athens for alleged abuse of its dominant position in conferring the use of communal areas to (...)

The Latvian Competition Council finds distortion of competition on the municipal market for land survey (Rīgas ĢeoMetrs)
Konkurences padome (Riga)
The CC Finds Distortion of Land Survey Market in Riga* The Competition Council of Latvia (CC) has summarized its conclusions about the land survey sector inquiry. Although no violations of the Competition Law were detected and the competition was found to be strong, the CC concluded that (...)

The Italian Supreme Administrative Court rules on the limits to antitrust assessment in a regulated sector (SEA)
Simmons & Simmons (Milano)
A recent judgment of the Italian Supreme Administrative Court (Consiglio di Stato) sets out its view of the extent to which the antitrust authorities are entitled to intervene in a regulated sector where an abuse of a dominant position is alleged. The market concerned is that for access to (...)

The Italian Competition Authority initiates a new investigation against the national incumbent telecom operator to assess whether it abused of its dominance position on the telephone and broadband network sector (Wind Fastweb / Telecom Italia)
Bonelli Erede (Rome)
On 24 June 2010, the Italian Competition Authority (the “ICA”) decided to initiate new proceedings against Telecom Italia to assess whether the incumbent operator had abused its dominant position in the voice communications and broadband internet access services markets, with the aim of excluding (...)

The Italian Supreme Administrative Court confirms judgment of an regional court which reduces a fine imposed by the Competition Authority to an airport managing company for abuse of dominant position under art. 102 TFEU in the market of certain common and individual airport infrastructures (Società Esercizi Aeroportuali)
LUISS Guido Carli University (Rome)
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Economisti Associati (Bologna)
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LUISS Guido Carli University (Rome)
On the 22nd of September 2009 (case 9171/2009), the Regional Administrative Court (RAC) of Latium (Tribunale Amministrativo Regionale - TAR - del Lazio) partially upheld the appeal from SEA S.p.A. (SEA), the managing company of the airports of Milan Linate and Milan Malpensa, against a decision (...)

The Italian Supreme Administrative Court reforms a judgment of first instance and considers an airport managing company not responsible for abuse of dominant position under art. 102 TFEU in the market for centralized airport infrastructures (SEA / Airport tariffs)
LUISS Guido Carli University (Rome)
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Economisti Associati (Bologna)
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LUISS Guido Carli University (Rome)
In September 2009, the Regional Administrative Court of Latium (Tribunale Amministrativo Regionale del Lazio) upheld the appeal from AIR ONE S.p.A., an Italian airline now merged with Alitalia, against a decision of the Italian Competition Authority (ICA) concerning the alleged abuse of (...)

The Russian Supreme Commercial Court upholds a €28.5 M fine on a British-Russian oil company for abuse of dominance (TNK-BP)
RBB Economics (Brussels)
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RBB Economics (Brussels)
BACKGROUND In 2008 the Federal Antimonopoly Service (FAS) of the Russian Federation found four major Russian vertically integrated oil companies (TNK-BP, Rosneft, Lukoil and Gazprom Neft) guilty of abusing a collective dominant position on the wholesale Russian market for motor fuel products (...)

The Bulgarian Competition Authority fines margin squeeze on the construction services market (International Fair Plovdiv)
Faculty of Law - University of Macau
Following a complaint submitted by the Association for Fair and Exhibition Services (the Association) in August 2009 the Bulgarian Competition Authority (CPC) initiated an investigation on the alleged abuse of dominance on the market for construction services rendered on the territory of the (...)

The Italian Competition Authority closes investigating into alleged abuses of dominant position of a ferry operator by imposing a set of behavioural commitments (T-Link / Grandi Navi Veloci)
Desogus Law Office (Cagliari)
Introduction By a commitment decision the Italian Competition Authority (ICA) has closed investigation into foreclosing conducts carried out by a major Italian ferry operator, Grandi Navi Veloci (GNV) in the market for maritime links between Northern Italy and Western Sicily. The most (...)

The Danish Competition Appeals Tribunal upholds the Competition Council’s decision finding the historical postal operator abused its dominant position by applying loyalty rebate schemes (Post Danmark)
European Commission
Denmark: The Competition Appeals Tribunal upholds the Danish Competition Council’s Decision finding that Post Danmark A/S abused its Dominant Position by applying Loyalty Rebate Schemes On 10 May 2010, the Danish Competition Appeals Tribunal (CAT) issued a ruling upholding the Danish (...)

The EU Advocate General Mazák seeks to affirm judgment in margin squeeze case (Deutsche Telekom)
Jones Day (Brussels)
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Jones Day (Brussels)
On 22 April 2010, Advocate General (‘AG’) Jan Mazák at the European Court of Justice (‘ECJ’) issued his opinion in Deutsche Telekom‘s appeal to the ECJ against the General Court ruling upholding the European Commission decision to impose a € 12.6 M fine on Deutsche Telekom for abusive margin squeeze. (...)

The Tribunal of Milan convicts, in the course of proceedings relating to interim measures, the worldwide leader in the production of elastomeric foam products for a below-cost pricing strategy (L’Isolante K-Flex / Armacell)
Rucellai & Raffaelli (Milan)
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University Bocconi (Milan)
L’Isolante K-Flex S.r.l., the Italian market leader in the production of specialized and customized elastomeric foam products, filed a request for interim relief before the Tribunal of Milan claiming that its direct competitor, Armacell International GmbH, abused its dominant position in the (...)

A US District Court grants motion for summary judgment on claims of maintaining a monopoly in the operating systems market (Novell / Microsoft)
Stanford University - Stanford Law School
U.S. District Court dismisses Novell’s claims against Microsoft* On 30 March 2010 the U.S. District Court for the District of Maryland granted Microsoft’s motion for summary judgment on Novell’s claims that Microsoft violated U.S. antitrust laws by engaging in anti-competitive conduct in order to (...)

The Croatian Administrative Court upholds the decision of the NCA finding an abuse of dominance on the market for distribution of cigarettes (Adris grupa / Ronhill)
Faculty of Law - University of Macau
On 24 March 2010 the Croatian Administrative Court upheld the decision of the Croatian Competition Authority (AZTN) finding an abuse of dominant position on the market for distribution of cigarettes. The applicants in this case, Adris grupa d.d. (former tobacco factory in Rovinj - Tvornica (...)

The Latvian Competition Council discontinues investigation on the alleged predatory pricing engaged by a grey cement producer on an aftermarket (Cemex)
Konkurences padome (Riga)
The Competition Council Discontinues Investigation on the Alleged Infringement By Cemex Ltd. in the Transport-Concrete Market* On 26 February 2010 the Competition Council adopted decision to discontinue the investigation on the alleged abuse of a dominant position by a producer of grey cement, (...)

The Swiss Federal Administrative Court revokes CHF 333 M fine against leading telecommunications provider’s subsidiary (Swisscom Mobile)
Agon Partners (Zurich)
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Swatch (Basel)
I. Summary The Swiss Federal Administrative Court overruled a judgment rendered by the Swiss Competition Commission imposing a fine of CHF 333 M on Swisscom Mobile for abusing its dominant position by improperly enforcing inflated prices for mobile termination. II. Case 1. Parties Swisscom (...)

The Competition Authority of Bosnia & Herzegovina initiates an investigation into potential margin squeeze practices of the incumbent telecom operators (BH Telecom / Telekomunikacije Republike Srpske)
Faculty of Law - University of Macau
On 16 February 2010 the Competition Authority of Bosnia & Herzegovina (KV) opened an investigation into the potential margin squeeze practices applied by the incumbent telecom operators BH Telecom and Telekom RS. The investigation was prompted by the complaint submitted by the independent (...)

The Lithuanian Competition Council issues fourth infringement decision against the State controlled airport for restricting access to the airport facilities (Vilnius Airport / RSS II)
Lithuanian Competition Council (Vilnius)
The Lithuanian Competition Council started the year of 2010 by issuing, on 21 January 2010, yet another infringement decision - fourth in less than three years - against the Vilnius international airport operator, the State Enterprise Tarptautinis Vilniaus oro uostas (TVOU), for its refusal to (...)

The Belgian competition Council’s College of Prosecutors dismisses multiple complaints against the incumbent telecom operator for abuse of a dominant position on the international transit services for call termination in Belgium (Base / Belgacom)
Liedekerke Wolters Waelbroeck Kirkpatrick (Brussels)
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Philippe & Partners (Brussels)
I. The Parties Belgacom S.A. is the incumbent operator on the Belgian telecom market. It provides mobile telecom services through its 100% subsidiary Belgacom Mobile Belgium (“BMB” - Proximus). Base S.A. is a 100% subsidiary of KPN, a Dutch landline and mobile telecommunication company. (...)

The College of Competition Prosecutors of the Belgian Competition Council rejects a complaint about termination rates for international calls against incumbent telecoms operator (BASE / Belgacom)
European Commission
Belgium: Complaint about Termination Rates for International Calls against Belgacom rejected On 24 December 2009, the College of Competition Prosecutors of the Belgian Competition Council rejected a complaint by mobile operator BASE against telecom operator Belgacom (incumbent telecoms (...)

The US FTC files complaint concerning harm of competition on the relevant central processing unit and graphics processing unit markets (Intel)
Stanford University - Stanford Law School
FTC files complaint against Intel Corp.* On 16 December 2009 the FTC issued an administrative complaint against Intel Corp. (“Intel”) claiming that Intel has violated Section 5 of the FTC Act through practices that harm competition in the relevant central processing unit (“CPU”) and graphics (...)

The Dutch Competition Authority finds no abuse of dominance in the postal sector (TNT)
De Nederlandsche Bank (DNB)
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Smeets Van Empel advocaten (Amsterdam)
I. Introduction On 15 December 2009 the Dutch Competition Authority (“NMa”) adopted a decision by which it found no signs of abuse of a dominant position by TNT N.V. (“TNT”),an undertaking in the Dutch postal sector. Following a complaint from another undertaking in the postal sector, Sandd (...)

The Macedonian Administrative Court upholds the NCA’s decision establishing abusive charges on the electricity distribution market (Elektrostopanstvo)
Faculty of Law - University of Macau
On 10 December 2009 the Macedonian Administrative Court has put a full stop in a lengthy litigation process between the Macedonian Competition Authority (KZK) and incumbent electricity provider Elektrostopanstvo, which according to the KZK has abused its dominant position on the market for (...)

The EU Commission sends statements of objections following a complaint lodged by several associations representing investors against financial service company (Standard & Poor’s)
Ashurst (Milan)
Commission sends statement of Objections to Standard & Poor’s* On 16 November 2009 the Commission sent a Statement of Objections (“SO”) to Standard & Poor’s (“S&P”), a division of McGraw-Hill Companies, Inc. The SO follows a complaint lodged by several associations representing (...)