SGEI and competition law

Dominance

 The Mexican Competition Authority recommends not to approve the constitutional reform initiative in electricity matters due to the risks of affecting consumers and companies
Mexican Competition Authority (Mexico City)
Mexico 139 contributions 27026 visits
Due to the risks of affecting consumers and companies, Cofece recommends not to approve the constitutional reform initiative in electricity matters* The approval of the Initiative would suppress competition in the sector and eliminate the regulation mechanisms that allow its efficient (...)

The Dutch Competition Authority publishes its market study into the access for "Mobility as a Service" providers to public transportation services in the Netherlands
Bird & Bird (The Hague)
Netherlands 7 contributions 4458 visits
,
KPN (Amsterdam)
Netherlands 33 contributions 7351 visits
On 8 March 2021, the Authority for Consumers & Markets (‘ACM’) published its market study into the access for Mobility as a Service (‘MaaS’) providers to public transportation services in the Netherlands. A MaaS platform integrates various methods of transport across different providers (...)

The Belgian Competition Authority seeks a ’hold separate’ measure to delay the full integration of a merger between two telecoms, one of which is failing, until after the Authority completes its abuse of dominance investigation (Edpnet / Proximus)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56314 visits
,
Van Bael & Bellis (Brussels)
Belgium 64 contributions 28575 visits
,
Van Bael & Bellis (Brussels)
Belgium 61 contributions 26119 visits
…
Last month, the Belgian Competition Authority ( BCA ) decided to open abuse of dominance proceedings against telecommunications operator Proximus on account of that party’s acquisition of struggling Edpnet (see, Life Sciences News and Insights, 23 March 2023). On 20 April 2023, the BCA’s chief (...)

The Spanish Competition Authority fines a company €32.6M for abusing a dominant position in the traditional postal services market (Correos)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31569 visits
The CNMC fines Correos 32.6 million euros for applying an anti-competitive discount system for large customers* This is an abuse of a dominant position prohibited by the Law for the Defence of Competition and the Treaty on the Functioning of the European Union. This conduct would have (...)

The German Competition Authority accepts a postal service company’s commitments to end its discount system for the dispatch of newspapers and magazines (Deutsche Post)
Ashurst (Frankfurt)
Germany 15 contributions 4239 visits
,
Ashurst (Munich)
Germany 9 contributions 1785 visits
On 26 February 2021, the German Federal Cartel Office ("FCO") closed its six-year investigation into Deutsche Post AG ("DPAG") after securing commitments in connection with practices relating to the dispatch of newspapers and magazines. The FCO suspected that DPAG had abused its dominant (...)

The Italian Competition Authority fines a plastic supply chain consortium €27 million for abuse of dominant position in the recovery of pet plastic packaging (Corepla)
Italian Competition Authority (Rome)
Italy 72 contributions 19193 visits
ICA: sanction of €27 million to Corepla for abuse of dominant position in the recovery of pet plastic packaging* The Authority has found that the consortium has impeded competition and innovation in the services aimed at the recovery and recycling of pet bottles for food use The (...)

The Belgian Competition Authority imposes interim measures on a broadcaster in order to ensure the continuity of the FM broadcasts in the execution of its public service mission (Norkring / Broadcast Partners)
Belgian Competition Authority (Brussels)
Belgium 120 contributions 24198 visits
The Competition College of the BCA imposed an interim measure on Norkring België* On 22 January 2019, the Competition College of the Belgian Competition Authority (BCA) imposed an interim measure on NV Norkring België (Norkring) in order to ensure the continuity of the FM broadcasts of VRT (...)

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)
India 263 contributions 43028 visits
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 (...)

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)
India 263 contributions 43028 visits
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 (...)

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)
Belgium 191 contributions 66922 visits
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 (...)

Mergers

 The Australian Competition Authority accepts a court-enforceable commitment to approve the merger of the two largest providers of cash-in-transit services (Armaguard / Prosegur)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84339 visits
ACCC authorises Armaguard and Prosegur’s merger, subject to undertaking* The ACCC has granted authorisation to the proposed merger of Linfox Armaguard Pty Ltd (Armaguard) and Prosegur Australia Holdings Limited and has accepted a court-enforceable undertaking, which is a condition of the (...)

The US FTC issues a statement following the termination of a proposed acquisition of a company in the missile propulsion inputs market (Lockheed Martin / Aerojet Rocketdyne)
US Federal Trade Commission (FTC) (Washington)
United States 182 contributions 43070 visits
Statement Regarding Termination of Lockheed Martin Corporation’s Attempted Acquisition of Aerojet Rocketdyne Holdings Inc.* In response to the announcement that Lockheed Martin Corporation has terminated its proposed acquisition of Aerojet Rocketdyne Holdings Inc., FTC Bureau of Competition (...)

The Italian Competition Authority applies a COVID-19 related provision to clear a merger in the postal sector (Poste Italiane / Nexive)
Van Bael & Bellis (Brussels)
Belgium 31 contributions 5893 visits
On 22 December 2020, the Italian Competition Authority (“ICA”) cleared the incumbent postal firm Poste Italiane’s (“PI”) acquisition of the sole control over its main rival Nexive Group (“Nexive”). The ICA did not apply the usual merger control rules in this case, but rather cleared the (...)

The French Ministry of Economy clears a Phase II review and imposes commitments to maintain employment (Cofigeo / Agripole)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72628 visits
On 19 July 2018, the French Ministry of Economy (“Ministry”) announced a revised clearance of Cofigeo’s acquisition of the ready meals business of Agripole. This is the first time in the history of French merger control that the Ministry has reviewed a transaction on public interest grounds (...)

The French Government reviews a deal on public interest grounds for the first time (Cofigeo / Agripole)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72628 visits
On 14 June 2018, the French Ministry of Economy announced its intention to carry out, for the first time, a public interest review of Cofigeo’s acquisition of the ready meals business of Agripole. In addition to a standard merger review by the French competition authority (“FCA”), French law (...)

State Aids

 The EU Commission clears financing of Denmark’s national postal service
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
State aid: Commission clears financing of Post Danmark’s universal service obligation* The European Commission has approved, under EU State aid rules, Denmark’s compensation to Post Danmark for its universal postal service obligation in 2020. Executive Vice-President Margrethe Vestager, in (...)

The EU Commission approves a Greek aid scheme whose objective is to support vulnerable and less prosperous households and micro or small enterprises struggling to repay mortgages and loans
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
An Innovative Scheme to Support Individual Borrowers* Individuals and households are not undertakings. However, any public funding of individuals or households may constitute indirect aid to undertakings. Such aid may be exempted on the basis of Article 107(2)(a) TFEU. Introduction (...)

The EU Commission clears financing of the Czech postal service on the grounds that it is a service of general economic interest (Czech Post)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
State aid: Commission clears financing of Czech Post’s universal service obligation* The European Commission has approved, under EU State aid rules, Czechia’s plans to compensate Czech Post for its universal postal service obligation over the period 2018-2022. Executive Vice-President (...)

The EU Commission approves €634M in compensation to the Belgian postal service to continue providing a service of general economic interest (bpost)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
State aid: Commission approves Belgian postal service compensation to bpost* The European Commission has approved, under EU State aid rules, Belgium’s plans to compensate bpost for providing postal services of general economic interest between 2022 and 2026. Executive Vice-President (...)

The EU Commission approves up to €5.4B of State aid from 15 Member States for an Important Project of a Common European Interest in the hydrogen technology value chain
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
State Aid: Commission approves up to €5.4 billion of public support by fifteen Member States for an Important Project of Common European Interest in the hydrogen technology value chain* The Commission has approved, under EU State aid rules, an Important Project of Common European Interest (...)

The EU Commission opens an in-depth investigation into Greek support measures in favour of national postal operator (ELTA)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
State aid: Commission opens in-depth investigation into Greek support measures in favour of postal operator Hellenic Post (ELTA)* The European Commission has opened an in-depth investigation to assess whether certain Greek support measures in favour of ELTA are in line with EU State aid (...)

The EU Commission in two separate decisions clears Italian public support for a ferry service and closes the investigation on another ferry service that has since been put into liquidation (Laziomar) (Saremar)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
State aid: Commission clears Italian public support for Laziomar ferry service; closes investigation concerning support to Saremar* The European Commission has concluded that the public service compensation granted since 2011 to Laziomar S.p.A. (‘Laziomar’) for the operation of ferry (...)

The EU Commission clears public support for several ferry services in Italy but finds other measures to be incompatible with State aid rules (Siremar / Società Navigazione Siciliana)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
State aid: Commission clears public support for several ferry services in Italy; finds other measures to Siremar and SNS to be incompatible aid* The European Commission has concluded that the public service compensation granted since 2009 to Sicilia Regionale Marittima S.p.A. (‘Siremar’) and (...)

The EU General Court examines several measures in favour of postal services that are classified as services of general economic interest (ITD ; Danske Fragtmænd)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
Compensation for Universal Service Provision* Introduction The rules on State aid for services of general economic interest [SGEI] are very generous because they allow both investment and operating aid. Yet, it is not easy to comply with those rules because the calculation of the (...)

The EU Commission approves €2.5 million compensation to Slovenian press agency for its public service (STA)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
State aid: Commission approves €2.5 million compensation to Slovenian Press Agency STA for its public service* The European Commission has approved, under EU State aid rules, a €2.5 million compensation granted by Slovenia to the Slovenian Press Agency STA to fulfil its public service (...)

The EU Commission approves German nation-wide scheme to support the deployment of Gigabit networks in Germany
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929469 visits
State aid: Commission approves German nation-wide scheme to support deployment of Gigabit networks in Germany* The European Commission has approved, under EU State aid rules, a German scheme to support the deployment of very high capacity broadband networks offering Gigabit speeds in (...)

The EU Court of Justice upholds the Commission’s decision finding that e-procurement is a service of general interest which can be commercially exploited insofar as the State does not offer the service itself (TenderNed)
University of Bristol - Law School
United Kingdom 92 contributions 25664 visits
In its Judgment of 7 November 2019 in Aanbestedingskalender and Others v Commission, C-687/17 P, EU:C:2019:932 (the ‘TenderNed’ case), the Court of Justice of the European Union (CJEU) rejected the appeal against the earlier Judgment of the General Court (GC) of 28 September 2017 (T-138/15, (...)

The EU Court of Justice preliminarily determines that a Lithuanian aid scheme for the provision of public interest services in the electricity sector breaches State aid rules (Achema / Orlen Lietuva / Lifosa / VKEKK)
European Commission - DG ENERGY (Luxembourg)
15 contributions 7365 visits
The judgment of the Court of 15 May 2019 in case C-706/17, delivered upon a request for a preliminary ruling from the Supreme Administrative Court of Lithuania (“Achema”), replicates the analysis which was previously established in Association Vent de Colère!. The judgment in Achema thus (...)

The EU General Court holds that a change in the method of funding public broadcasting does not constitute an alteration of an existing aid measure that would require notification to the Commission (Stichting Woonlinie / Stichting Woonpunt)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice provides guidance on public service obligations assignment (Cellnex Telecom)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
The Extent of the Discretion of Member States to Define Services of General Economic Interest (SGEI) A service is classified as an SGEI not only when it is important for citizens but also when the market does not adequately supply it and one or more undertakings are compelled to provide it (...)

The EU Commission approves public aid in the form of services of general economic interest compensation (Sumburgh Airport)
Municipality of Cagliari
168 contributions 134225 visits
Introduction The European Commission has closed by a compatibility decision a State aid enquiry in the Sumburgh Airport case concerning public financial support granted in the form of SGEI compensation to the Scotland-based airport of Sumburgh . After establishing that the UK authorities has (...)

The EU Commission approves compensation provided by the UK to the incumbent postal operator for the extra costs of the public services provided for the 2018 - 2021 period (Post Office)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
Compensation for Public Service Obligations Introduction Every three years the UK determines the compensation it provides to the Post Office Limited (POL) for the extra costs of the public services it provides. Commission decision SA.48224 approved the compensation for the next three-year (...)

The EU Commission approves public aid in the form of services of general economic interest compensation (Bornholm Airport)
Municipality of Cagliari
168 contributions 134225 visits
Introduction In Bornholm Airport the European Commission has declared the PSO compensation granted by the Danish authorities to the Bornholm Airport compatible with the internal market on the ground of the SGEI exception. Agreeing with Denmark, the Commission viewed the Bornholm Airport as a (...)

The EU Court of Justice annuls a Commission decision due to the lack of motivation in the assessment of the selectivity criteria in the determination of the compatibility of an aid (Comunidad Autónoma de Galicia and Retagal)
Van Bael & Bellis (Brussels)
Belgium 155 contributions 34974 visits
* Article published on StateAidHub.eu Blog (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission qualifies an airport as a service of general economic interest and rules that the related compensation is a compatible State aid (Inverness Airport)
Municipality of Cagliari
168 contributions 134225 visits
Introduction In the Inverness Airport case, the Commission ruled that the UK authorities has correctly qualified the Inverness Airport as a genuine service of general economic interest (SGEI). The Commission also ruled that the compensation awarded to the Inverness Airport for the discharge (...)

The EU General Court affirms a Commission decision that compensation for public services and a capital increase granted by Sardinia to a maritime company is aid incompatible with the internal market (Regione autonoma della Sardegna)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
* Article published on StateAidHub (click here). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no relationships with a party or related third party. Article will need (...)

The EU Court of Justice assesses the relationship between the Altmark judgment and Article 106(2) TFEU (Viasat Broadcasting)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
Altmark requires efficiency: Article 106(2) TFEU does not.* Introduction On 8 March 2017, the Court of Justice rendered its judgment in case C‑660/15 P Viasat Broadcasting v European Commission. Viasat Broadcasting appealed against the judgment of the General Court of 24 September 2015 (...)

The EU Court of Justice concludes that the conditions laid down in the Altmark judgment are relevant for determining whether a measure constitutes state aid (Viasat Broadcasting)
Van Bael & Bellis (Brussels)
Belgium 155 contributions 34974 visits
On 8 March 2017, the European Court of Justice (“ECJ”) handed down its judgement on appeal in case C-660/15 P, Viasat Broadcasting UK (“Viasat”) Ltd v European Commission. The case concerns aid granted to the Danish public broadcaster TV2/Danmark for the execution of public service (...)

The EU General Court upholds a Commission decision that a French ferry company received incompatible aid which must be recovered, and clarifies the definition of a service of general economic interest (SNCM)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice rules on the temporal scope of secondary instruments applied to assess the compatibility of a State aid (Jørgen Andersen)
Maastricht University (Maastricht)
Netherlands 1 contribution 853 visits
Case C-303/13 P European Commission v Jørgen Andersen* In this post I will analyse a particular aspect of State aid law: the temporal scope of secondary instruments applied to assess the aid’s compatibility. The case at hand deals in particular with Regulation (EEC) 1191/69, which originally (...)

The EU Commission finds that Dutch subsidies for the acquisition of land for nature conservation are compatible with State aid (Nature land)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
Nature Conservation as a Service of General Economic Interest* Public funding of non-economic activities does not create State aid problems when any related economic activities are clearly separated. The 2012 SGEI package can apply retroactively. Introduction Member States of the (...)

The EU Commission finds a measure aimed at helping public hospitals not to constitute State aid because it did not affect the trade between member States (Hradec Králové Region)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court explains that the fact that undertakings are obliged by law to comply with certain tests does not justify the subsidisation of their costs with public funds (Belgium)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court holds that compensation for structural disadvantages encumbering undertakings is still State aid except if it satisfies the Altmark criteria (France)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission explains that public funding does not have to satisfy the very strict Altmark criteria in order to be authorised if it complies with the relevant regulation or guidelines (Stretto airport)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court holds that environmental harm does not make State aid incompatible with the internal market (Castelnou Energía)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission explains that a system which is predominantly based on solidarity does not become economic in nature when operators have a small degree of discretion to compete on quality and to make profit from efficient provision of services (Spoločná zdravotná poisťovňa)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission reminds Member States of mistakes they can avoid when they compensate operators on whom they impose public service obligations (Dublin Bus / Irish Bus)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
Public Service Obligations: A Few More Mistakes that Can Be Avoided* Even efficient companies will fail the 4th Altmark criterion if their costs are not proven to be comparable to those of a typical and well-equipped undertaking. Public funding of infrastructure is not State aid to users (...)

The EU Commission accepts a nuclear power station funding scheme after getting the State to renegotiate the terms of the contract (Hinkley Point C)
University of Sussex
United Kingdom 5 contributions 3823 visits
State Aid for Nuclear Power: No Thanks! Maybe? Yes Please!* The Commission’s decision on the Hinkley Point C nuclear power station of 8th October 2014 and what this might mean for the approach to nuclear energy... In 2014, the European Commission adopted new Guidelines on State aid for (...)

The EU Commission finds that some aid measures granted in support of a French airport are compatible, while others are not and must be recovered (Nîmes-Uzès-Le Vigan)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court pushes for overcompliance with EU public procurement rules in the provision of public services (Zweckverband)
University of Bristol - Law School
United Kingdom 92 contributions 25664 visits
The GC pushes for overcompliance with EU public procurement rules in the provision of public services (T-309/12)* In its Judgment in Zweckverband Tierkörperbeseitigung v Commission, T-309/12, EU:T:2014:676, the GC has assessed the compatibility with EU State aid rules of a system of (...)

The EU General Court refuses to find the Altmark criteria fulfilled and reminds that Member States have discretion to define what they consider as an SGEI but only after having identified market gaps (Zweckverband)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
Not Surprisingly, Another Member State Fails to Prove Compliance with the Altmark Criteria* Main points Maintaining capacity that is necessary for the provision of normal services cannot be classified as a service of general economic interest. State aid may not be granted towards the costs (...)

The EU General Court decides in two cases on the compatibility with internal market principles of a tax partially funding a state aid (Telefonica) (DTS)
Maastricht University (Maastricht)
Belgium 357 contributions 66776 visits
* Article published on Lexxion State Aid Blog (click here), republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The Czech Supreme Court confirms the duty of national courts to enforce EU State aid rules (NH Hospital / Central Bohemian Region)
Skils (Prague)
Czech Republic 35 contributions 26212 visits
On 25 June 2014, the Supreme Court cancelled preceding decisions by the High Court in Prague (Ref. No. 3 Cmo 289/2011-142 of 29 December 2011) and by the Municipal Court in Prague (Ref. No. 32 Cm 128/2010-131 of 13 June 2011) and remanded the case back for further proceedings before the (...)

Procedures

 The Bulgarian Supreme Administrative Court confirms Commission’s decision ordering for a transportation company to suspend operations in Bulgaria for immediate enforcement (Uber)
Mondelez (Sofia)
Romania 8 contributions 2986 visits
On September 23, 2015 the five-member panel of the Bulgarian Supreme Administrative Court confirmed the decision of the Commission on Protection of Competition for immediate enforcement of the decision ordering for Uber to suspend operations in Bulgaria. On June 30, 2015, the CPC adopted its (...)

Regulations

 The Belgian Government takes action to screen foreign direct investment on its territory following the adoption of the FDI screening mechanism legislation
Peter Camesasca Advocaat (Brussels)
Belgium 34 contributions 13416 visits
,
Covington & Burling (Brussels)
Belgium 16 contributions 3585 visits
,
Covington & Burling (Brussels)
Belgium 4 contributions 1731 visits
Belgium introduced an FDI screening mechanism anticipated to enter into force on July 1, 2023, adding yet another jurisdiction in the EU which has adopted national measures to implement the EU’s FDI Regulation (EU) 2019/452. The new Belgian regime may place additional compliance obligations on (...)

The EU Court of Justice AG Szpunar issues an opinion that questions whether taxi services can be regarded as a service of general economic interest (Private Hire Vehicles)
Baker McKenzie (Barcelona)
Spain 3 contributions 235 visits
“In many places across the European Union, suppliers of taxi services have traditionally been shielded from competition thanks to State regulation, while web-based platforms have started offering local passenger transport-on-demand services with a high degree of zeal, precision and (...)

The New Zealand Competition Authority releases its final decision on its approach to determining the value of the financial loss asset for fibre service providers under the fibre regulatory regime
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25261 visits
Commission completes input methodologies by finalising approach to valuing fibre providers’ financial loss* The Commerce Commission has released its final decision on its approach to determining the value of the financial loss asset for fibre service providers under the new fibre regulatory (...)

The Australian Competition Authority grants authorisation to the first national voluntary battery stewardship scheme (Battery Stewardship Council)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84339 visits
Voluntary battery stewardship scheme granted authorisation* The Battery Stewardship Council (BSC) will be able to establish and operate a national scheme for managing expired batteries under an authorisation granted by the ACCC. BSC was formed in 2018 with the primary goal of establishing (...)

The US DoJ issues a positive Business Review Letter to a drug wholesale company and announces it will not challenge collaborative efforts in procuring healthcare supplies used to treat COVID-19 patients (AmerisourceBergen)
US Department of Justice (Washington)
United States 180 contributions 79412 visits
Justice Department Issues Business Review Letter to AmerisourceBergen Supporting Distribution of Critical Medicines Under Expedited Procedure for COVID-19 Pandemic Response* The Department of Justice announced today that it will not challenge collaborative efforts of AmerisourceBergen (...)

The EU Court of Justice rules on the possibility for a contracting authority to impose minimum wage special conditions on businesses tendering for public contracts (Regiopost)
Norton Rose Fulbright (London)
United Kingdom 2 contributions 306 visits
,
Norton Rose Fulbright (London)
United Kingdom 1 contribution 229 visits
Introduction When can a contracting authority impose minimum wage special conditions on businesses tendering for public contracts? On 17 November 2015, the Court of Justice of the EU (CJEU) delivered its judgment in Regiopost v Stadt Landau (Regiopost), a landmark ruling which could have (...)

Anticompetitive practices

 The Dutch Competition Authority decides that two energy companies may collaborate in the storage of C02 in empty north sea gas fields (Shell / TotalEnergies)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36656 visits
ACM: Shell and TotalEnergies can collaborate in the storage of CO2 in empty North Sea gas fields* Following an assessment of their plans, the Netherlands Authority for Consumers and Markets (ACM) has decided to allow competitors Shell and TotalEnergies to collaborate in the storage of CO2 in (...)

The New Zealand Competition Authority allows collective bargaining between a poultry growers association and a chicken processing company (Tegel Growers Association / Tegel)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25261 visits
Commerce Commission issues draft determination on New Zealand Tegel Growers Association’s application to engage in collective bargaining* The Commerce Commission (Commission) has reached a preliminary view that it should allow the New Zealand Tegel Growers Association Incorporated (TGA) to (...)

The Finnish Competition Authority finds that the arrangement of social welfare and health care services in Savitaipale municipality violated the laws on public procurement (Eksote / Kiinteistö Oy Savitapaleeen Vuokratalot)
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12542 visits
FCCA finds that the arrangement of social welfare and health care services in Savitaipale violated the Act on Public Procurement* According to a decision issued by the Finnish Competition and Consumer Authority (FCCA) on 7 October 2020, the Joint Municipal Authority of Social Welfare and (...)

The Indian Competition Appellate Tribunal upholds the Competition Authority’s decision against 4 public insurance companies but reduces fines to avoid overburdening taxpayers (National Insurance / New India Insurance / Oriental Insurance / United India Insurance)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43028 visits
COMPAT upholds CCI order against four Insurance Companies, but reduces penalty* COMPAT vide order dated December 09, 2016 has upheld CCI order dated July 10, 2015 passed under section 27 of the Act against Public Sector Insurance Companies for bid-rigging while reducing the penalty from Rs. (...)