Rebates

Foreword Discrimination and Rebates: An overview of EU and national case law

Rebates are a common commercial practice in business and can have efficiency enhancing effects, leading to lower overall prices for customers and consumers. In addition, they might be used to stimulate downstream competition. However, rebates also have the potential to exclude rivals from a market, particularly when used by a dominant undertaking. For instance, a dominant firm’s use of loyalty rebates or exclusivity can, in some cases, harm consumers by reducing the ability of rivals to compete effectively. Rebates therefore have been scrutinized by competition authorities around the world for their potential to prevent, restrict or distort competition.

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DT Economics (London)
United Kingdom 3 contributions 6567 visits
The Brattle Group (London)
United Kingdom 1 contribution 2467 visits

General antitrust

 The EU General Court partly overturns the Commission’s decision with its ruling on the selectivity and profitability of agreements between airports and airlines (Carpatair)
Maastricht University (Maastricht)
Belgium 357 contributions 67159 visits
Introduction Selectivity is a tricky issue. Even a measure that appears not to favour or exclude any undertaking may in practice prove to be selective if its effects favour certain undertakings over others that are in a comparable situation. In order to determine whether they are comparable (...)

The US FTC announces the launch of an inquiry into the prescription drug middleman industry
US Federal Trade Commission (FTC) (Washington)
États-Unis 184 contributions 47043 visites
FTC Launches Inquiry Into Prescription Drug Middlemen Industry* Agency to Scrutinize the Impact of Vertically Integrated Pharmacy Benefit Managers on the Access and Affordability of Medicine The Federal Trade Commission announced today that it will launch an inquiry into the prescription (...)

The US FTC extends the public comment period for request for information on the impact of pharmacy benefit managers
US Federal Trade Commission (FTC) (Washington)
États-Unis 184 contributions 47043 visites
Federal Trade Commission Extends Public Comment Period for Request for Information on Impact of Pharmacy Benefit Managers* The Federal Trade Commission is extending the public comment period, until May 25, 2022, on a request for information that covers a wide range of issues in the PBM (...)

The US FTC requests public comments on the impact of practices by pharmacy benefit managers on drug affordability and access
US Federal Trade Commission (FTC) (Washington)
États-Unis 184 contributions 47043 visites
FTC Requests Public Comments on the Impact of Pharmacy Benefit Managers’ Practices* Agency seeks information on the ways that large, vertically integrated PBMs are affecting drug affordability and access The Federal Trade Commission announced it is soliciting public input on the ways that (...)

The Austrian Supreme Administrative Court makes the entry into force of a national law introducing a State aid scheme contingent on approval by the EU Commission (Dilly’s Wellnesshotel)
University of Vienna
Austria 16 contributions 999 visits
Background & Facts of the case As a preliminary to the discussion of the case, it is useful to highlight the historical development of the material scope of the law at issue in the proceedings before the public courts, the Energieabgabenvergütungsgesetz (Law on the rebate of energy (...)

Anticompetitive practices

 The US FTC proposes a settlement to stop an anticompetitive conduct by a health information technology company with a 95% ’supershare’ in the e-prescribing services market (Surescripts)
US Federal Trade Commission (FTC) (Washington)
États-Unis 184 contributions 47043 visites
FTC Reaches Proposed Settlement with Surescripts in Illegal Monopolization Case* Proposed order remedies anticompetitive conduct that led to higher prices, stifled innovation, and reduced customer choice in e-prescription market The Federal Trade Commission filed a proposed order that (...)

The US FTC announces the launch of an inquiry into the Pharmacy Benefit Managers (PBM) industry requiring information and records from the six largest PBMs (CVS Caremark / Express Scripts / OptumRx / Humana / Prime Therapeutics / MedImpact Healthcare Systems)
Hausfeld (New York)
United States 12 contributions 3028 visits
Pharmacy benefit managers (PBMs) are intermediaries paid by health care insurers to manage their prescription benefits programs. Today, PBMs not only negotiate the prices charged by pharmaceutical manufacturers to the insurers, but they also have enormous influence on which drugs are (...)

The US FTC announces it will ramp up enforcement against illegal rebate schemes and bribes to prescription drug middleman that block cheaper drugs
US Federal Trade Commission (FTC) (Washington)
États-Unis 184 contributions 47043 visites
FTC to Ramp Up Enforcement Against Any Illegal Rebate Schemes, Bribes to Prescription Drug Middleman That Block Cheaper Drugs* Agency puts drug industry on notice that paying rebates and fees to exclude competitors offering lower-cost drug alternatives can violate competition and consumer (...)

The Higher Regional Court of Berlin applies market tipping rules for the first time and prohibits list first rebates offered by leading real estate portal (Immoscout)
Blomstein (Berlin)
Germany 16 contributions 44002 visits
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Blomstein (Berlin)
Germany 2 contributions 139 visits
The Higher Regional Court of Berlin (Kammergericht, “KG”) ruled that certain exclusivity rebates – so-called ‘list-first’ rebates – granted by real estate portal Immoscout violate German competition law (Case No. U 4/21 Kart). The Immoscout case was decided on the basis of the so-called (...)

The Danish Competition Appeals Tribunal upholds two of the Competition Authority’s decisions finding that the exchange of information on prices, discounts, and quantities concerning future sales between retailers of clothing items is illegal (Hugo Boss / Kaufmann)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36478 visits
The Danish Competition Appeals Tribunal: Exchange of information on prices, discounts and quantities in relation to future sales between retailers of clothing items was illegal* The Danish Competition Appeals Tribunal has upheld two separate decisions of the Danish Competition Council (...)

The German Competition Authority terminates proceedings against a household appliances producer in response to complaints about a rebate scheme (Liebherr)
Van Bael & Bellis (Brussels)
Belgique 33 contributions 4389 visites
According to a press release of the German Federal Cartel Office (“FCO”) dated 12 April 2021, the FCO terminated proceedings against household appliances producer Liebherr after Liebherr agreed to change its sales conditions. The FCO had initiated proceedings in response to complaints about a (...)

The German Competition Authority ensures equal opportunities for online sales regarding a national equipment manufacturer’s distribution model (Liebherr)
German Competition Authority (Bonn)
Allemagne 458 contributions 117186 visites
Bundeskartellamt ensures equal opportunities for online sales in the new Liebherr distribution model* After an intervention by the Bundeskartellamt, Liebherr-Hausgeräte Vertriebs- und Service GmbH has agreed not to use certain clauses in its sales conditions which in the authority’s (...)

The Polish Competition Authority initiates proceedings against retail chains suspected of applying unfair retrospective discounts (Kaufland Polska Markety / Eurocash / Intermarche)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22833 visits
The President of UOKiK has initiated proceedings against other retail chains suspected of applying unfair retrospective discounts* President of UOKiK Tomasz Chróstny initiated investigation procedures towards Kaufland Polska Markety, Eurocash and SCA PR Polska (Intermarche). The objections (...)

The French Competition Authority accepts a building games company’s commitments to correct price discrimination against online retailers (Lego)
University Paris Saclay
France 1 contribution 447 visits
While the rules on price discrimination lack clarity, the French competition Authority has missed the opportunity to do its part. In order to compensate for the price increase of its products, the Lego France company created a discount scheme for the benefit of its resellers. The discount (...)

The French Competition Authority approves discount system established by a gaming company subject to conditions (Lego)
Autorité de la concurrence (Paris)
France 748 contributions 411118 visites
Lego makes commitments to the Autorité de la concurrence to amend its price discount system* Following an open procedure before the Autorité de la concurrence, the building games company Lego France, a subsidiary of Lego Group, enters into commitments designed to facilitate access for all of (...)

The French Competition Authority accepts a price discount system for commitments intended to protect pure players (Lego)
European Commission - DG COMP (Brussels)
Belgium 15 contributions 3464 visits
On 27 January 2021, the French Competition Authority (“FCA”) accepted the commitments offered by Lego France (“Lego”) after an investigation into the alleged bias towards brick-and-mortar stores resulting from Lego’s functional discount scheme. In order to resolve the case, the toy (...)

The German Competition Authority fines manufacturers of gully tops and manhole covers €6M for concluding agreements on prices and rebates (MeierGuss Sales & Logistics / KG)
German Competition Authority (Bonn)
Allemagne 458 contributions 117186 visites
Manufacturers of manhole covers and gully tops fined for price-fixing* The Bundeskartellamt has imposed fines totalling around 6 million euros on two manufacturers of manhole covers and gully tops and their representatives for agreements on prices and rebates and an agreement to carve up two (...)

The German Competition Authority fines manufacturers of manhole covers €6M for price fixing (MeierGuss Sales & Logistics / KG)
Van Bael & Bellis (Brussels)
Belgique 33 contributions 4389 visites
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Van Bael & Bellis (Brussels)
Belgique 25 contributions 5096 visites
On 14 January 2021, the German Federal Cartel Office (“FCO”) announced that it had fined two manufacturers of manhole covers approximately € 6 million for price-fixing and coordinating their respective offers for two large contracts. The companies manufacture products such as manhole covers (...)

The Hellenic Competition Authority releases a Statement of Objections over resale price maintenance in the gas appliances sector (DIMKA / STAMATOULIS)
Hellenic Competition Commission (Athens)
Grèce 132 contributions 18620 visites
Subject: Statement of Objections in relation to alleged infringements of Articles 1 and 2 of Law 3959/2011 and Articles 101 and 102 TFEU in the Greek market for general purpose gas appliances by DIMKA SA, following a complaint by STAMATOULIS SA as well as an ex officio investigation of the (...)

The Paris Court of Appeal hands down an important judgment in a follow-on damages claim for the consequences of abusive practices in the telecommunications market (Orange / Digicel)
University Paris-Panthéon-Assas
France 7 contributions 12915 visits
On June 17, 2020, the Paris Court of Appeal handed down an important decision in the Digicel / Orange case. Digicel has indeed initiated an action to be compensated for the consequences of the abusive practices implemented in the Antilles-Guyana zone by Orange-Caraïbe and Orange between 2000 (...)

The Turkish Competition Authority investigates RPM allegations against the leading energy drink company and decides to close its in-depth investigation without imposing any administrative fines (Red Bull)
ACTECON (Istanbul)
Turquie 27 contributions 9736 visites
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Guernsey Competition Authority (St. Peter Port)
Guernsey 6 contributions 1521 visits
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ACTECON (Istanbul)
Turkey 9 contributions 2378 visits
In 21 April 2020, the Turkish Competition Authority (“TCA”) published its reasoned decision on resale price maintenance and de facto exclusivity conducts focusing on the practices carried by Red Bull Gıda Dağıtım ve Pazarlama Tic. Ltd. Şti. (“Red Bull”) Resale price maintenance and (...)

The French Competition Authority fines a Big Tech company a record €1B and its wholesalers €139M for a series of vertical restrictions within the distribution network and abuse of economic dependence (Apple / Tech Data / Ingram Micro)
AD LEGAL (Paris)
France 1 contribution 446 visits
In a decision of March 16, 2020, the French Competition Authority (Autorité de la concurrence, hereinafter “FCA”) imposed a €1,1 billion fine on the Apple group (“Apple”) for (i) engaging in a series of vertical restrictions of competition within its distribution network and (ii) abusing the (...)

The French Competition Authority fines a Big Tech company and its wholesalers a record €1.24B for engaging in restriction of resale opportunities, coordinating on prices and imposing unfair terms on its retailers (Apple / Tech Data / Ingram Micro)
Van Bael & Bellis (Brussels)
Belgique 175 contributions 58679 visites
According to a press release of 16 March 2020, the French Competition Authority (the “FCA”) imposed a record-breaking fine of € 1.1 billion on Apple for anticompetitive practices in the distribution of Apple products (excluding iPhones). These practices included: (i) restricting resale (...)

The French Competition Authority issues a fine of €1.1B on a Big Tech company and €139M on two of its wholesalers for having implemented vertical agreements with some of its distributors and for abuse of economic dependency against its independent premium resellers (Apple / Tech Data / Ingram Micro)
Addleshaw Goddard (Paris)
France 39 contributions 44530 visits
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University of Paris I Panthéon-Sorbonne
France 402 contributions 459987 visits
On 16 March 2020, the French Competition Authority ("FCA") announced that it had fined Apple EUR1.1 billion, the highest fine ever imposed to an undertaking, for having implemented vertical agreements with certain of its distributors and an abuse of economic dependency against its independent (...)

The German Competition Authority imposes fines totalling €154.6M on pesticide suppliers for agreeing on price lists, rebates and retail prices (Agravis / Agro Agrargroßhandel / BayWa / BSL Betriebsmittel Service Logistik / Getreide / Raiffeisen Waren / ZG Raiffeisen)
Van Bael & Bellis (Brussels)
Belgique 175 contributions 58679 visites
On 13 January 2020, the German Federal Cartel Office (FCO) imposed fines totalling € 154.6 million on seven undertakings for agreeing on price lists, rebates and retail prices for plant protection products between 1998 and 2015. Fines were also imposed on employees implicated in the infringing (...)

The Indian Competition Authority investigates allegations regarding the anti-competitive agreements between e-commerce marketplaces (Amazon / Flipkart)
Shardul Amarchand Mangaldas (New Delhi)
India 60 contributions 18024 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18882 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19841 visits
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The Competition Commission of India (CCI) has directed an investigation into allegations of anti-competitive agreements between e-commerce marketplaces Amazon and Flipkart, on the one hand, and sellers on these marketplaces, on the other. A Delhi based traders’ body alleged that Amazon and (...)

The Belgian Competition Authority fines the national pharmacists order for taking disciplinary measures limiting the ability to advertise and apply rebates to para pharmaceutical products (Order of Pharmacists)
Ashurst (Brussels)
Belgium 7 contributions 1277 visits
On 16 October 2019, the Belgian Competition Authority ("BCA") fined the national Order of Pharmacists €225,000 for taking disciplinary measures limiting the ability of pharmacists to advertise and apply rebates to parapharmaceutical products. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS The BCA’s (...)

The Cypriot Competition Authority terminates its investigation concerning alleged imposition of unfair trading terms to customers and retrospective rental fees for point of sales terminals by a financial services company (JCC)
ServPRO Accountants & Consultants (Nicosia)
9 contributions 1632 visits
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Trojan Economics (Nicosia)
Cyprus 11 contributions 2290 visits
Introduction On 10 September 2019 the Cyprus Commission for the Protection of Competition (“CPC”) terminated its ex officio investigation against JCC Payment Systems Ltd (“JCC”), having concluded that there have been no violations of Sections 3(1) and 6(1) of the Protection of Competition (...)

Unilateral Practices

 The German Competition Authority initiates abuse of dominance proceedings against an international beverage manufacturer based on the alleged anticompetitive effects of its rebates scheme (Coca-Cola) Free
German Competition Authority (Bonn)
Allemagne 458 contributions 117186 visites
Bundeskartellamt/Food industry and food retail sector* Bundeskartellamt initiates abuse proceedings against Coca-Cola Bonn, 14 November 2023: The Bundeskartellamt has today initiated abuse proceedings against Coca-Cola Europacific Partners Deutschland GmbH (Coca-Cola). Coca-Cola is (...)

The EU Commission re-imposes fine on a major semiconductor chip manufacturer for allegedly engaging in naked restrictions while an appeal on the case is pending before the EU Court of Justice (Intel)
Van Bael & Bellis (Brussels)
Belgique 32 contributions 6134 visites
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Van Bael & Bellis (Brussels)
Belgique 35 contributions 6343 visites
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Van Bael & Bellis (Brussels)
Belgium 1 contribution 87 visits
On 22 September 2023, the European Commission (“Commission”) re-imposed a fine of €376.36 million on Intel alleging that it had engaged in three practices aimed at excluding its main competitor at the time, AMD, from the market for computer chips called x86 central processing units (‘CPUs’) in (...)

The EU Commission re-imposes a €376.3M fine on a semiconductor chip manufacturer for ‘naked restrictions’ in the computer chips market between 2002 and 2006 (Intel)
Bristows (London)
United Kingdom 1 contribution 70 visits
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Bristows (London)
United Kingdom 3 contributions 1030 visits
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Bristows (London)
United Kingdom 1 contribution 70 visits
On 22 September 2023, the European Commission (“EC”) re-imposed a €376.3 million fine on Intel for ‘naked restrictions’ in the computer chips market between 2002 and 2006, continuing a saga that has been running since at least 2007. Background In 2009, the EC fined Intel €1.06 billion for (...)

The EU Commission re-imposes a €376.36M fine on a semiconductor chip manufacturer for anticompetitive practices in the market for computer chips (Intel) Free
European Commission - DG COMP (Brussels)
Belgique 1368 contributions 2944368 visites
Antitrust: Commission re-imposes €376.36 million fine on Intel for anticompetitive practices in the market for computer chips* The European Commission has re-imposed a fine of around €376.36 million on Intel for a previously established abuse of dominant position in the market for computer (...)

The EU Commission clarifies effects-based approach to exclusionary conduct by dominant companies with the publishing of its new guidelines
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 62 contributions 28811 visites
European Commission Clarifies Effect-Based Enforcement of Exclusionary Conduct by Dominant Companies* In the European Commission’s (EC’s) most significant policy shift on abuse of market dominance in 15 years, the authority published revised guidelines, heralding a shift away from the more (...)

The EU Commission announces an initiative acknowledging the effects-based approach in abuse of dominance cases while retracting from a consumer welfare-based economic effects analysis
Van Bael & Bellis (Brussels)
Belgique 62 contributions 15412 visites
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Van Bael & Bellis (Brussels)
Belgique 32 contributions 6134 visites
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Van Bael & Bellis (Brussels)
Belgium 34 contributions 8221 visits
On 27 March 2023, the European Commission (“Commission”) launched a new legislative and policy initiative which aims to replace the Commission’s 2008 guidance on its enforcement priorities in Article 102 cases involving allegedly exclusionary conduct (the “2008 Guidance Paper”) with formal (...)

The EU Court of Justice holds that the abusive conduct of independent legal entities can be imputed to the dominant entity due to the special responsibility held by dominant entities pursuant to Article 102 of TFEU (Unilever Italia)
Van Bael & Bellis (Brussels)
Belgique 32 contributions 6134 visites
On 19 January 2023, the Court of Justice of the European Union (“ECJ”) delivered its judgment in the Unilever case (Case C-680/20) concerning the allegedly exclusionary strategy implemented by Unilever in Italy and consisting of the imposition by Unilever’s distributors of exclusivity clauses (...)

The Spanish Competition Authority fines the national postal service for €32.6M for offering conditional rebates to certain customers (Correos)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47331 visits
The CNMC fined Sociedad Estatal Correos y Telégrafos, S.A., S.M.E. (Correos), the national postal service company, €32.6 million for the application of an anti-competitive system of discounts to large customers prohibited by Article 2 of the Spanish Competition Act and Article 102 TFEU (...)

The EU General Court annuls the Commission’s landmark decision fining a semiconductor company for €1.06B for abuse of dominant position (Intel)
Jones Day (London)
United Kingdom 30 contributions 22044 visits
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Jones Day (Frankfurt)
Germany 18 contributions 4069 visits
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Jones Day (Brussels)
Belgium 17 contributions 4962 visits
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The EU General Court ("GC") annulled the European Commission’s €1.06 billion antitrust fine imposed on Intel in 2009 for allegedly abusing its dominant position in x86 Central Processing Units ("CPUs") by offering loyalty rebates to customers, excluding competitors such as AMD. The GC held (...)

The EU General Court annuls the Commission’s decision which found that a semiconductor chip manufacturer had abused its dominant position and imposed a fine of €1.06B (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 62 contributions 28811 visites
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33331 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 40 contributions 14357 visites
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On January 26, 2022, the EU General Court (the Court) annulled the European Commission’s (the Commission) decision that Intel had abused its dominant position regarding its x86 central processing unit (CPU) computer chips and the imposition of a €1.06 billion fine. The judgment demonstrates (...)

The EU General Court annuls most of the Commission’s decision to impose a fine of € 1.06 billion on a semiconductor company for abuse of dominance on the global market for x86 processors (Intel)
Van Bael & Bellis (Brussels)
Belgique 35 contributions 6343 visites
General Court overturns Commission’s Intel decision On 26 January 2022, the General Court of the European Union annulled most of the decision of the European Commission (“Commission”), which had imposed a fine of € 1.06 billion on Intel for having abused its dominant position on the worldwide (...)

The EU General Court annuls in part the Commission’s decision imposing a fine of €1.06B on the world’s largest semiconductor chip manufacturer (Intel)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 32645 visits
The General Court annuls in part the Commission decision imposing a fine of € 1.06 billion on Intel* The Commission’s analysis is incomplete and does not make it possible to establish to the requisite legal standard that the rebates at issue were capable of having, or likely to have, (...)

The EU General Court annuls the Commission’s decision finding that rebates granted by a large semiconductor chip manufacturer resulted in an abuse of dominance (Intel)
Van Bael & Bellis (Brussels)
Belgium 30 contributions 24845 visits
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Van Bael & Bellis (Brussels)
Belgium 11 contributions 5945 visits
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Van Bael & Bellis (Brussels)
Belgique 191 contributions 67206 visites
In a judgment issued today, the General Court of the European Union has annulled the part of the EU Commission’s decision of 13 May 2009 finding that rebates granted to Intel’s major OEM customers infringed Article 102 TFEU. The Court also annulled the fine of € 1.06 billion imposed on Intel. (...)

The EU General Court partially annuls the Commission’s decision to impose a €1.06B fine on a semiconductor chip manufacturer for its abuse of dominance (Intel)
Ashurst (London)
United Kingdom 35 contributions 17182 visits
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Ashurst (London)
Royaume-Uni 22 contributions 4529 visites
On 26 January 2022, the General Court ("GC") partially annulled the European Commission’s decision to impose a EUR 1.06 billion fine on Intel for abusing its dominant position ("Decision"). The fine was annulled in full. Applying the principles outlined in the European Court of Justice’s (...)

The EU General Court overturns the Commission’s decision to fine a semiconductor chip manufacturer for €1.06 billion for abusing its dominant position (Intel)
Shearman & Sterling (Brussels)
Belgium 21 contributions 10428 visits
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Shearman & Sterling (London)
United Kingdom 23 contributions 14330 visits
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Shearman & Sterling (London)
United Kingdom 30 contributions 14365 visits
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This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 26 January 2022 the General Court (GC) issued its latest judgment in the Intel case, faulting fundamental aspects of the Commission’s original decision (...)

The EU General Court confirms the critical role of robust economic analysis in abuse of dominance cases (Intel)
Oxera (London)
United Kingdom 13 contributions 12622 visits
After more than two decades, the Intel saga may have finally ended with the General Court’s judgment of 26 January 2022. The judgment—which had at its core the use of the ‘as-efficient competitor’ test in the context of loyalty rebates―confirms the critical role of robust economic analysis in (...)

The EU General Court annuls a €1.06B fine imposed by the Commission on a chip maker based on economic evidence (Intel)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 4 contributions 1483 visits
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De Brauw Blackstone Westbroek (Amsterdam)
Netherlands 2 contributions 3308 visits
Three’s a charm for Intel: On judicial review of economic evidence to rebut a legal presumption* In 2009, the European Commission imposed what was then a record-breaking fine of EUR 1.06 billion on Intel for abuse of dominance. Intel’s initial action for annulment was dismissed by the (...)

The EU General Court annuls in part the Commission’s decision which imposed a fine of €1.06B on the world’s largest semiconductor chip manufacturer for applying an abusive rebate policy (Intel)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47331 visits
In May 2009, the EC levied a fine on Intel of €1.06 billion for breaching Article 102 TFEU. The abuse of dominant position happened when Intel granted discounts to CPU makers on condition that they bought all of the x86 processors from Intel. Furthermore, Intel had also made payments at (...)

The EU General Court annuls a €1.06B fine on a chip-maker for concluding conditional rebates, emphasising the critical role that economic analysis plays in rebate cases (Intel)
McDermott Will & Emery (Paris)
France 136 contributions 68804 visits
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McDermott Will & Emery (Brussels)
Belgium 23 contributions 5190 visits
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McDermott Will & Emery (Paris)
France 33 contributions 8150 visits
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At the start of the year, companies offering or considering offering rebates were given further guidance on the limits of such practices. The GCEU’s judgment of January 26, 2022 annulled the EUR 1.06 billion fine against Intel Corporation (Intel) in the 2009 EC decision. The judgment is the (...)

The Croatian Competition Authority determines that a national airport did not abuse its dominant position when applying a COVID-19 discount for airlines (Zagreb Airport / RyanAir)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 20019 visits
CCA investigates practices of Zagreb airport* In the preliminary market investigation relating to the alleged abusive practices of the undertaking Međunarodna zračna luka Zagreb d.d. (Zagreb Airport) with respect to the conclusion of the agreement on the provision of services with the (...)

The Polish Competition Authority initiates proceedings against a retail chain for unfair exploitation of contractual advantage (Kaufland Polska Markety)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22833 visits
President of UOKiK initiates proceedings against the owner of the Kaufland chain* The President of UOKiK Tomasz Chróstny initiated proceedings against Kaufland Polska Markety. The company may unfairly exploit its contractual advantage with respect to suppliers of agri-food products. The (...)

The German Competition Authority closes its investigation against a producer of household appliances, without a fine after it agreed to amend its retailer rebate scheme (Liebherr)
Ashurst (Frankfurt)
Germany 15 contributions 4268 visits
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Ashurst (Munich)
Germany 9 contributions 1805 visits
On 12 April 2021, the German competition authority ("FCO") closed its investigation against Liebherr, a producer of household appliances, without a fine after Liebherr agreed to abandon or amend certain clauses in its newly introduced distribution model which, in the FCO’s view, discriminated (...)

The Turkish Competition Authority fines an ice cream supplier for abusing its dominant position in the industrial ice cream market through the use of exclusionary practices and the imposing of a non-compete obligation on one of its e-commerce customers (Unilever / Algida)
ACTECON (Istanbul)
Turkey 9 contributions 1899 visits
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ACTECON (Istanbul)
Turkey 1 contribution 157 visits
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ACTECON (Istanbul)
Turkey 1 contribution 157 visits
Introduction The Turkish Competition Authority’s (“TCA”) reasoned decision dated 18.03.2021 and numbered 21-15/190-80, whereby it has decided to impose an administrative fine amounting to TRY 480,217,217 (EUR 77,624,758) on Unilever Sanayi ve Ticaret Türk A.Ş. (“Unilever”) for violation of (...)

The German Competition Authority welcomes the decision of a postal service company to end its discount system for the dispatch of newspapers and magazines (Deutsche Post)
Bird & Bird (Dusseldorf)
Germany 12 contributions 2074 visits
The Deutsche Post AG (“DPAG”) has cancelled its until recently practiced discount system in relation to its dispatch services provided to newspaper and magazine publishers. The DPAG`s decision to stop discounting the dispatch services occurred after the German Federal Cartel Office initiated (...)

The Polish Competition Authority imposes a fine on a supermarket chain for abuse of superior bargaining power (Biedronka)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22833 visits
The President of UOKiK has imposed a fine of PLN 723 million on Biedronka* The Jeronimo Martins company was earning unfairly to the detriment of food suppliers. This is the biggest sanction for abusing of superior bargaining power imposed to date. Commercial networks get various commercial (...)

The Dutch Competition Authority closes its investigation into a drug manufacturer after receiving assurances that it will not use its discount schemes to force hospitals into exclusive purchases (AbbVie)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 212 contributions 36841 visites
ACM closes investigation into drug manufacturer AbbVie, competitors get more room now* Drug manufacturer AbbVie has stated that it will not force hospitals to purchase exclusively or to a large extent from AbbVie through discount schemes (or rebate programs). AbbVie has made these assurances (...)

The Polish Competition Authority investigates retrospective discounts in the food retail sector (Biedronka)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22833 visits
President of UOKiK investigates retrospective discounts* President of UOKiK Tomasz Chróstny has initiated explanatory proceedings to check whether the retail chains are not leveraging their contractual advantage over small and medium-sized enterprises supplying products to their stores (...)

The Polish Competition Authority opens preliminary investigations into the rebate practices of 19 retail chains
Bird & Bird (Warsaw)
Poland 19 contributions 3100 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 3100 visits
In early July, the Polish competition authority (UOKiK) has opened preliminary investigations into the rebate practices of 19 retail chains. In particular, the authority will focus on whether retrospective rebates are used to exploit retail chains’ contractual advantage towards small and (...)

The Croatian Competition Authority fines a supermarket chain for imposing unfair trading practices in the business-to-business food supply chain (Kaufland Hrvatska)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 20019 visits
Kaufland Hrvatska fined 1.1 million Kuna for imposing unfair trading practices* The Croatian Competition Agency (CCA) fined Kaufland Hrvatska k.d. (Kaufland) 1.1 million Kuna for a serious breach of the provisions of the Act on the prohibition of unfair trading practices in the (...)

The EU Court of Justice AG Pitruzzella offers guidance on the method for calculating royalties that may lead to a finding of abuse of a dominant position (SABAM)
Van Bael & Bellis (Brussels)
Belgium 4 contributions 670 visits
On 16 July 2020, Advocate General (“AG”) Pitruzzella issued an opinion in Case C-327/19, advising the Court of Justice of the European Union (“ECJ”) on whether the method for calculating royalties used by SABAM, the Belgian collecting society, amounts to an abuse of a dominant position under (...)

The German Federal Court of Justice rejects an appeal against the prohibition of exclusivity clauses in online sales of event tickets (CTS Eventim)
Van Bael & Bellis (Brussels)
Belgique 33 contributions 4389 visites
In December 2017, the German Federal Cartel Office (“FCO”) prohibited ticketing services provider CTS Eventim from using exclusivity agreements with event organisers and ticket offices. CTS Eventim had to amend its contractual clauses and allow trading partners to sell at least 20% of their (...)

The French Competition Authority accepts commitments from the French incumbent postal operator to put an end to loyalty and bundled rebates in the parcel delivery sector (La Poste)
Epex Spot (Paris)
France 8 contributions 3477 visits
On 2nd April 2020, the French Competition Authority (“FCA”) closed its investigation on the merits of an abuse of dominant position case started in 2010, by accepting and rendering legally binding the commitments offered by the French incumbent postal operator La Poste, designed at putting an (...)

The German Competition Authority finds in a preliminary assessment that requests for special rebates from a furniture retailer to its suppliers could have been abusive (XXXLutz)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 67206 visites
According to a press release and case report of 27 February 2020, the German Federal Cartel Office (“FCO”) found in a preliminary assessment that requests for special rebates of furniture retailer XXXLutz could have been abusive. After the retailer changed its conduct, the FCO decided not to (...)

The Dutch Competition Authority makes legally binding remedies proposed by a media company ending discount scheme in the radio advertising spots market (One Media Sales)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 212 contributions 36841 visites
Following an ACM investigation, media company OMS is to adjust its discount scheme for radio advertising spots* From January 1, 2020, Dutch media company One Media Sales (OMS) will stop offering its so-called ‘budget-share discount’ when selling radio advertising spots. OMS has made this (...)

The Danish Competition Appeals Tribunal confirms that a company abuses its dominance by using conditional rebates and exclusivity provisions in the payment card sector (Teller)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36478 visits
The Danish Competition Appeals Tribunal confirms that Teller (now Nets) abused its dominant position by using rebates conditional on exclusivity and exclusivity provisions* The Danish Competition Appeals Tribunal (DCAT) confirmed the 18th of September 2019 the ruling by the Danish (...)

The US Court of Appeals for the Second Circuit overturns a $15M antitrust jury verdict in favor of an airline company against a travel-planning giant (US Airways / Sabre)
Freshfields Bruckhaus Deringer (New York)
United States 2 contributions 270 visits
In the first two-sided market case to be decided by a court of appeals since the Supreme Court issued its American Express ruling (“Amex”) in June 2018, a Second Circuit Panel in September nixed a $15 million antitrust jury verdict in favor of US Airways against travel-planning giant Sabre (...)

The Indian Supreme Court dismisses an appeal against an investigation into allegations of abuse of dominance (Uber / Ola)
Observer Research Foundation (New Delhi)
India 2 contributions 736 visits
SUPREME COURT OF INDIA UPHOLDS INVESTIGATION AGAINST UBER* The Hon’ble Supreme Court of India has dismissed an appeal[Uber India Systems Pvt. Ltd v Competition Commission of India, Civil Appeal No. 641 of 2017] filed by Uber India Systems Pvt. Ltd. (‘Uber’) against an order of the erstwhile (...)

The Indian Supreme Court flips its jurisprudence on abuse of dominance in a case involving radios taxis alleged of predatory pricing (Uber / Ola)
Samvad Partners (Mumbai)
1 contribution 626 visits
On September 3, 2019 The Supreme Court of India vide its judgement in Uber India Systems Pvt. Ltd. (Uber) v. Competition Commission of India (CCI) appears to have flipped the jurisprudence on abuse of dominance under the Indian Competition Act, 2002 (the “Act”) by requiring the assessment of (...)

The Indian Supreme Court requests the Competition Authority’s Director General to continue the investigation into allegations relating to an abuse of dominance in the radio taxis sector (Uber / Ola)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18882 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20936 visits
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 19841 visites
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Deciding on an appeal from the National Company Law Appellate Tribunal (NCLAT), the Supreme Court requested the Director General, CCI (DG) to continue investigating allegations relating to abuse of dominance by Uber in the National Capital Region (NCR). [1] In considering whether the (...)

The EU Commission opens an investigation against a designer of integrated circuits for wired communication devices and sends a Statement of Objections seeking to impose interim measures in TV and modem chipsets markets (Broadcom)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944253 visits
The European Commission has opened a formal antitrust investigation to assess whether Broadcom may be restricting competition through exclusivity practices, in breach of EU rules. The Commission intends to impose interim measures during the investigation with regard to TV and modem chipsets (...)

The Brussels Court of Appeal asks the EU Commission to provide advice and information regarding the tariffs for concerts and music festivals of a copyright collecting society (SABAM)
Simmons & Simmons (Brussels)
Belgium 21 contributions 16036 visits
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Simmons & Simmons (Brussels)
Belgium 5 contributions 1587 visits
On 10 May 2019, by interim judgment, the Brussels Court of Appeal asked the European Commission to provide advice and information regarding the tariffs for concerts and music festivals of SABAM – the Belgian copyright collecting society – in light of the prohibition to abuse a dominant (...)

The French Competition Authority dismisses a case in which a company denounced the discount and matching practices implemented by its rival in the market of television advertising (M6 / TF1)
French Competition Authority (Paris)
France 748 contributions 411113 visits
Television advertising* Following the referral of M6 regarding practices of TF1 Publicité, the Autorité de la concurrence dismisses the case. The complaint of M6 regarding TF1 Publicité In its referral, M6 denounced the discount and matching practices implemented by TF1 Publicité in the (...)

The US FTC sues an e-prescriptions company for illegal monopolization on two e‑prescribing markets (Surescripts)
Jones Day (Washington)
United States 7 contributions 1184 visits
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Hogan Lovells (Washington)
United States 8 contributions 1391 visits
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Jones Day (Chicago)
United States 7 contributions 1841 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In Short The Situation: The Federal Trade Commission ("FTC") recently filed a rare monopolization case, alleging that a health information technology company (...)

The Hungarian Supreme Court annuls the Competition Authority’s decision which fined a company for having applied a discount scheme leading to dual pricing on the contact lenses market (Alcon)
Bird & Bird (Budapest)
Hungary 18 contributions 2481 visits
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Bird & Bird (Budapest)
Hungary 16 contributions 2229 visits
The Hungarian Supreme Court ("Kúria") annulled on 10 April 2019 a decision of the Hungarian Competition Authority ("GVH") which had imposed a € 321,000 fine on Alcon Hungária Kft. and Alcon Services AG Hungarian branch (jointly, the "Alcon Companies") for having applied a discount scheme (...)

The UK Competition Authority closes its investigation into an allegedly abusive discount scheme in the pharmaceutical sector (Remicade)
White & Case (Brussels)
Belgium 57 contributions 58474 visits
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White & Case (Brussels)
Belgium 39 contributions 66280 visits
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White & Case (Brussels)
Belgium 18 contributions 12272 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The CMA Remicade decision: discount schemes and abuse of dominance – effects matter!* Summary On 14 March 2019, the UK Competition and Markets Authority (...)

The Belgian Competition Authority imposes a €98,000 fine on a wholesale distributor of infrared cabins for imposing maximum rebates on its retailers (HM Products Benelux)
Bird & Bird (Brussels)
Belgium 13 contributions 2083 visits
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Bird & Bird (Brussels)
Belgium 4 contributions 945 visits
On 29 January 2019, the Belgian Competition Authority (BCA) imposed a €98,000 fine on HM Products, a wholesale distributor of infrared cabins, for imposing maximum rebates on its retailers. The BCA found that HM Products only admitted retailers to its distribution network if they accepted to (...)

Mergers

 The US FTC opposes a biopharmaceutical giant’s $27.8B acquisition of a global biotechnology company on the grounds that the deal will entrench a monopoly in the drugs market for thyroid eye disease and chronic refractory gout (Amgen / Horizon Therapeutics)
US Federal Trade Commission (FTC) (Washington)
United States 184 contributions 47043 visits
FTC Sues to Block Biopharmaceutical Giant Amgen from Acquisition That Would Entrench Monopoly Drugs Used to Treat Two Serious Illnesses* The $27.8 billion acquisition of Horizon Therapeutics plc would enable Amgen Inc. to stifle competition for thyroid eye disease and chronic refractory gout (...)

The Austrian Competition Authority approves a proposed merger in the brewery industry subject to conditions (Fohrenburg / Brau Union)
Van Bael & Bellis (Brussels)
Belgium 25 contributions 5096 visits
On 27 August 2020, the Austrian Federal Competition Authority (“FCA”) announced its conditional approval of the acquisition of 63% of the shares and sole control of the brewery company Fohrenburg Beteiligungs-Aktienge- sellschaft (“Fohrenburg”) by Austria’s largest brewery, Brau Union (...)

The US FTC and the Colorado Attorney General file a complaint against a merger between an insurance company and a health services business for resulting in both horizontal and vertical competitive effects (UnitedHealth / DaVita)
U.S. House of Representatives Committee on the Judiciary
2 contributions 121 visits
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Axinn Veltrop & Harkrider (Washington)
United States 2 contributions 121 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 19, UnitedHealth Group Incorporated (UnitedHealth Group) and DaVita, Inc. (DaVita) agreed to two separate consent agreements to resolve antitrust (...)

Procedures

 The EU Court of Justice clarifies the protection provided by the non bis in idem principle in two judgments (Bpost) (Nordzucker)
Ashurst (Brussels)
Belgium 37 contributions 9318 visits
On 22 March 2022, the European Court of Justice ("ECJ") delivered two judgments clarifying the scope of protection of the non bis in idem (double jeopardy) principle which provides that a (natural or legal) person may only be sanctioned once for a single unlawful course of conduct where the (...)

The Turkish Council of State recognizes the ne bis in idem principle in competition law (Mey İçki)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84362 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 24 contributions 4940 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 13 contributions 3187 visits
Introduction On February 23, 2021, the Turkish Competition Authority (“Authority”) has published seminal judgments of the 13th Chamber of the Council of State (“Council of State”). These are landmark decisions that upheld the Turkish Competition Board’s (“Board”) analysis within the scope (...)

The Danish Maritime and Commercial High Court rules that pieces of information in decision from the Competition Authority are not exempt from publication (Teller’s / Nets)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36475 visits
Danish Maritime and Commercial High Court: Pieces of information in decision from the Danish Competition Council are not exempt from publication* On May 11 2020, The Danish Maritime and Commercial High Court decided that a series of information in an August 2018-decision from the Danish (...)

Regulatory

 The French Competition Authority issues its opinion on the tariffs for legal professions
French Competition Authority (Paris)
France 748 contributions 411113 visits
Regulated tariffs setting for legal professions: the Autorité publishes its opinion* The Autorité de la concurrence publishes online the opinion submitted to the French government following the publication in the Official Journal of the French Republic of a decree on the method for setting (...)