Transport (road)

Foreword Road transport & Competition law: An overview of EU and national case law

After giving an overview of the most recent and relevant EU and national cases in which questions concerning access to facilities have arose, this foreword will outline what are the key competition challenges, in terms of access to facilities, which are lying ahead for the European transport sector. More specifically on this point, some categories of road and maritime transport are currently going through significant changes. In its seminal judgement in Oscar Bronner, the Court of Justice of the European Union (“the CJEU”) dealt with a question as to when refusal of access to a specific facility (i.e. home delivery scheme in that case) may constitute an abuse of dominance. The CJEU made clear that in order for an incumbent’s competitor to claim an abusive refusal to supply under Article 102 TFEU, an incumbent’s competitor needs to show that the facility it wants to get access to is indispensable. Access to facilities issues have come up, in the most recent years, across all competition law instruments, i.e. antitrust, merger and state aid cases and across various transport sectors, e.g. air, rail and road transportation.

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European Commission - DG COMP (Brussels)
Belgium 11 contributions 6629 visits

General antitrust

 The Mexican Competition Authority initiates an investigation into possible barriers to entry in the national market for federal land passenger transport that uses terminals for passenger boarding and disembarking
Mexican Competition Authority (Mexico City)
Mexico 139 contributions 27038 visits
Cofece investigates the national market of federal passenger transport that uses terminals for the boarding and disembarking of passengers, and related services* Through the inquiry, the Investigative Authority could preliminarily determine the probable existence of barriersto competition an (...)

The Mexican Competition Authority makes recommendations that will favor users of taxi and bus services at the Felipe Ángeles International Airport
Mexican Competition Authority (Mexico City)
Mexico 139 contributions 27038 visits
COFECE makes recommendations that will favor users of taxi and bus services at the Felipe Ángeles International Airport* The scheme presented by the airport for the opinion of Cofece, is consistent with the principles of competition and will be an important precedent for other airports. Cofece (...)

The Romanian Competition Authority recommends the division of public procurement contracts into road modernisation and repair works to increase competition in the bidding process
Romanian Competition Council (Bucharest)
Romania 160 contributions 29340 visits
Consiliul Concurrentei : Division into lots of roads modernisation and repair works increases competition * The Competition Council recommends to the local public authorities to divide into lots the public procurement contracts / framework agreements for road modernization and repair (...)

The Croatian High Administrative Court rejects the claims against the Competition Authority infringement decision in scheduled bus transport case (Presečki Grupa / Rudi-Express / Jambrošić Tours / Autobusni Prijevoznik Turist)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19937 visits
High Administrative court rejects the claims against the CCA infringement decision in scheduled bus transport case: CCA V Presečki Grupa D.O.O., Rudi-Express D.O.O., Jambrošič tours and Autobusni Prijevoznik Turist* In its infringement decision of 7 October 2021, the CCA found that the bus (...)

The Austrian Competition Authority finishes its comprehensive sector inquiry into the taxi and private hire car market
Van Bael & Bellis (Brussels)
Belgique 34 contributions 8168 visites
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Van Bael & Bellis (Brussels)
Belgium 61 contributions 15267 visits
On 24 September 2020, the Austrian Federal Competition Authority (the “FCA”) published its final report on the sector inquiry into the taxi and private hire car market (the “Report”). The comprehensive sector inquiry was launched in September 2019 to ascertain the effects of amendments to the (...)

The Austrian Competition Authority releases its final report on sector inquiry into the taxi and private hire car market
Austrian Competition Authority (Vienna)
Austria 64 contributions 7722 visits
AFCA publishes final report on sector inquiry into the taxi and private hire car market* The Austrian Federal Competition Authority (AFCA) launched a comprehensive sector inquiry into the taxi and private hire car market in September 2019. The Austrian Federal Competition Authority (AFCA) (...)

Anticompetitive practices

 The Mexican Competition Authority sanctions 18 companies and 31 executives for manipulating prices and segmenting routes in the market of land passenger transport (Autobuses Alas de Oro / Autobuses de la Piedad / Autobuses de Oriente ADO / Autobuses de Primera Clase México Zacatepec / Autobuses Estrella Blanca / Autobuses Expreso Futura)
Mexican Competition Authority (Mexico City)
Mexico 139 contributions 27038 visits
Cofece sanctions companies and executives for manipulating prices and segmenting routes in the market of land passenger transport* The fine imposed on 18 companies and 31 natural persons amounts to more than one thousand 218 million Mexican pesos. The sanctioned economic agents committed (...)

The Hong Kong Competition Authority welcomes the Competition Tribunal’s judgement which orders price fixers in the travel industry to pay substantial fines, even after leniency reductions (Gray Line / Tak How / Wu)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 55 contributions 11778 visits
Competition Commission welcomes Tribunal’s orders on travel services sector price-fixing case* The Competition Commission (“Commission”) welcomes the orders granted by the Competition Tribunal (“Tribunal”) in proceedings concerning price-fixing in relation to the sales of tickets to tourist (...)

The Canadian Competition Authority takes action for the protection of car-sharing services nation-wide (Turo)
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11653 visits
Competition Bureau takes action to protect competition for car sharing services in Canada* Car sharing platform Turo terminates problematic exclusivity policy in Canada in response to Bureau investigation The Competition Bureau announced today that following an investigation, Turo Inc. has (...)

The German Competition Authority declares that it has no objections to the further development of a payment system envisaged by a banking industry committee after initial plans for an exclusivity agreement were given up (Deutsche Kreditwirtschaft)
German Competition Authority (Bonn)
Germany 457 contributions 116556 visits
Bundeskartellamt has no objections to the further development of the giropay online payment system after initial plans for an exclusivity agreement were given up* The Bundeskartellamt has no objections to the further development of the giropay payment system envisaged by Deutsche (...)

The EU Commission carries out unannounced inspections in the automotive sector
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
Antitrust: Commission carries out unannounced inspections in the automotive sector* On 15 March 2022, the European Commission has conducted unannounced inspections at the premises of companies and associations active in the automotive sector located in several Member States. In parallel, the (...)

The Irish Competition Authority publishes its report into potential anticompetitive conduct in the private motor insurance market (AIG / Allianz / AXA / Aviva / FBD / AA)
Irish Competition Authority (Dublin)
Ireland 104 contributions 16686 visits
CCPC publishes report on private motor insurance investigation* The Competition and Consumer Protection Commission (CCPC) has today published the full report on its investigation into potential anticompetitive conduct in the private motor insurance sector. The investigation closed in August (...)

The Polish Competition Authority fines 6 truck dealers and 8 managers for concluding agreements that limit competition (Trucks Cartel)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22632 visits
Truck dealer cartels - two decisions of the UOKiK President* UOKiK President Tomasz Chróstny issued two decisions concerning agreements limiting competition between truck dealers. Purchasers of these vehicles have not had a free choice of dealer for many years and have paid inflated prices. (...)

The Moscow Arbitration Court confirms the fine imposed by the Russian Competition Authority on a road market cartel participant (Impulse)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57096 visites
THE COURT CONFIRMED 85.4 MILLION RUB FINE IMPOSED ON A ROAD MARKET CARTEL PARTICIPANT* In July 2020, FAS Russia found that OOO Magistral, OOO Impulse, OOO Nizhegorodavtodor, OOO Nizhavtodorstroy and OOO Uraldorstroy violated the Law on Protection of Competition. [1] The competing parties (...)

The Swedish Competition Authority fines a regional public bus authority for extending procurement contracts without the requisite procedure during the COVID-19 pandemic (Skånetrafiken)
Swedish Competition Authority (Stockholm)
Sweden 70 contributions 10303 visits
Skånetrafiken was wrong not to perform procurement of welfare transportation* Using the outbreak of the coronavirus as an argument, Skånetrafiken extended an agreement on welfare transportation without a prior procurement procedure. The pandemic was not a reason not to perform a procurement (...)

The EU Court of justice AG Rantos clarifies the temporal scope of the directive on the compensation of victims of anticompetitive practices (RM / Volvo / DAF Trucks)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 110063 visits
Truck cartel in Spain: Advocate General Rantos clarifies the temporal scope of the directive on the compensation of victims of anti-competitive practices* On 19 July 2016, the European Commission found that a number of truck manufacturers, including AB Volvo and DAF Trucks, had participated (...)

The New Zealand High Court imposes a $150K penalty over cartel conduct for taxi pick-up trips from Wellington Airport (Hutt / City Taxis)
New Zealand Commerce Commission (Wellington)
Nouvelle-Zélande 180 contributions 25268 visites
Penalty imposed for taxi cartel conduct* The High Court has ordered Hutt and City Taxis Limited (Hutt & City) to pay a penalty of $150,000 in relation to fixing the prices of taxi fares. Statement of Preliminary Issues released on EROAD/Coretex clearance application The Commission (...)

The Slovenian Administrative Court upholds the Competition Authority’s decision in a bus bid rigging case and sets the standards for the analysis of future by object restrictions (Bus cartel)
Rojs, Peljhan, Prelesnik & partnerji (Ljubljana)
Slovenia 1 contribution 76 visits
On 16 September 2021, the Administrative Court of the Republic of Slovenia (“Administrative Court”) issued a judgment in an administrative dispute against a decision of the Slovenian Competition Protection Agency (“CPA”) deciding on an infringement of the Article 6 of the Slovenian Act on the (...)

The French Competition Authority fines traditional road freight companies in the road haulage sector for the boycott of emerging digital platforms (H2P / B2PWeb / Evolutrans / Astre...)
Versailles Saint-Quentin-en-Yvelines University
France 1 contribution 353 visits
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Nestlé
1 contribution 353 visits
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Versailles Saint-Quentin-en-Yvelines University
France 1 contribution 353 visits
The 21-D-21 decision is one of the few decisions of the French Competition Authority, following the referral of the Minister of Economy, after a heavy investigation conducted by the GDCCFC (General Directorate for Competition Policy, Consumer Affairs, and Fraud Control) with dawn raids in (...)

The French Competition Authority fines several players in the road freight transport sector €500K for boycotting digital intermediation platforms (H2P / B2PWeb / Evolutrans / Astre...)
French Competition Authority (Paris)
France 747 contributions 409160 visits
The Autorité de la concurrence fines several players in the road freight transport sector for boycotting digital intermediation platforms* Background The Autorité opened an investigation following a referral from the Ministry of Economy and Finance (DGCCRF), followed by dawn raids in (...)

The Spanish Competition Authority fines 12 companies for bid-rigging of road maintenance and operation services tenders (Acciona Mantenimiento / Aceinsa / Alvac...)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 47172 visites
The cartel operated through meetings where the cartel members periodically coordinated the bids to be submitted in the tenders issued by the government for road maintenance services of the State Road Network. The cartel allocated a “pool” of points to each group of tenders, used as reference (...)

The Spanish Competition Authority fines a cartel formed by multiple passenger transport companies in Cantabria (Anfersa Adaptado / Buses Benito / Autocares Mariano)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31581 visits
The CNMC sanctions two cartels formed by passenger transport companies in Cantabria.* They affected passenger transport services by road in this autonomous community, both regular and discretionary, and especially school transport. The investigation of the cartels constitutes one of the CNMC’s (...)

The New Zealand Competition Authority files proceedings over an alleged price fixing cartel in the taxi industry (Hutt / City Taxis)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25270 visits
Commission files proceedings against alleged taxi cartel* The Commerce Commission has filed proceedings at the High Court in Wellington against Hutt and City Taxis Limited (Hutt & City) for alleged price fixing. The Commission alleges Hutt & City contravened the Commerce Act by (...)

The Polish Competition Authority initiates proceeding against a trucks importer and its distributor for collusion (Iveco trucks)
Polish Competition Authority (Warsaw)
Pologne 120 contributions 22635 visites
Iveco trucks - proceedings of the President of UOKiK* - The importer of Iveco trucks together with the official distributors of these vehicles may have entered into a multi-year conspiracy to restrain competition. - President of the Office of Competition and Consumer Protection Tomasz (...)

The Lithuanian Supreme Administrative Court upholds the Competition Authority’s decision regarding a cartel between 26 driving schools and their professional association (Driving schools cartel)
Lithuanian Competition Authority (Vilnius)
Lithuania 106 contributions 20824 visits
SUPREME ADMINISTRATIVE COURT OF LITHUANIA UPHOLDS COMPETITION AUTHORITY’S DECISION ON DRIVING SCHOOLS’ CARTELS* Driving schools and the Lithuanian association of driving schools (Association) which agreed to set prices of driving services for consumers will not avoid sanctions for cartel (...)

The Mexican Competition Authority notifies economic agents of a statement of probable responsibility for possible collusion in the market of land passenger transportation
Mexican Competition Authority (Mexico City)
Mexico 139 contributions 27039 visits
COFECE notifies economic agents of a statement of probable responsibility for a possible collusion in the market for land passenger transportation* With this notification of a statement of probable responsibility, the trial-like procedure initiates, in which the economic agents can present (...)

The EU Commission launches public consultations on the Motor Vehicle Block Exemption Regulation
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58431 visits
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Baker McKenzie (Brussels)
Belgium 10 contributions 2077 visits
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Clifford Chance (Brussels)
Belgium 7 contributions 1382 visits
On 12 October 2020, the Commission launched a public consultation with a view to receiving comments from stakeholders on the ongoing evaluation of the 2010 Motor Vehicle Block Exemption Regulation (“MVBER”) regime. The public consultation aims to collect facts, views and evidence to assist the (...)

The EU Commission fines car parts suppliers €18 million in cartel settlement (Brose / Kiekert / Magna)
ADNOC Group (Abu Dhabi)
Émirats arabes unis 29 contributions 5515 visites
On 29 September 2020, the European Commission ("Commission") announced that it has fined Brose and Kiekert a total of EUR 18 million for taking part in two cartels concerning supplies of closure systems for cars in the European Economic Area. Magna, a third cartelist, was not fined as it (...)

The French Competition Authority issues an opinion on the competitive bidding process of middle and outer rings of Greater Paris bus lines (Île-de-France Mobilités)
French Competition Authority (Paris)
France 747 contributions 409160 visits
Opening up bus networks in Ile-de-France to competition: the Autorité issues an opinion to Île-de-France Mobilités on the competitive bidding process of middle and outer rings of Greater Paris bus lines* Background Following a referral by the Île-de-France Transport Trade Association, also (...)

The Spanish Competition Authority fines 33 school transport companies and one association for creating a school transport cartel (School transport cartel / Asociación Navarra de Empresarios del Transporte por Carretera y Logística)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31581 visits
The CNMC fines 33 school transport companies and one association for creating a school transport cartel in Navarre* The companies conspired to share the school transport by zones and deceive the School Board of the Government of Navarre, driving up the prices of the service for 8 years. The (...)

The Spanish Competition Authority fines 33 school transport companies and one association with €3.36 million for creating a school transport cartel (School transport cartel / Asociación Navarra de Empresarios del Transporte por Carretera y Logística)
Van Bael & Bellis (Brussels)
Belgique 389 contributions 94983 visites
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Van Bael & Bellis (Brussels)
Belgium 33 contributions 6074 visits
On 9 September 2020, the Spanish Competition Authority (“CNMC”) imposed fines totalling € 3.36 million on 33 school transport companies and fined one association € 15,000 for their involvement in a bid-rigging cartel in the school transport sector in the region of Navarre from 1 December 2013 (...)

The Italian Competition Authority fines four taxi firms for foreclosure of open platforms (Consortaxi / Taxi Napoli / Radio Taxi Partenope / Desa Radiotaxi)
Herbert Smith Freehills (Milan)
Italy 7 contributions 29744 visits
On 15 September 2020, the Italian Competition Authority (“ICA”) found that four taxi firms had entered into an agreement having as its object the prevention of competition by app providers in Naples. Due to the seriousness of the breach of Article 101 TFEU, a request by the parties that a (...)

The Polish Competition Authority issues a decision in a bid-rigging case and confirms that companies transporting pupils were illegally influencing the results of public procurements (Jakubas)
Polish Competition Authority (Warsaw)
Pologne 120 contributions 22635 visites
Bid rigging - decision of the President of UOKiK* President of UOKiK Tomasz Chróstny has issued his decision in a bid rigging case. The companies transporting the pupils were illegally influencing the results of public procurements - if their proposals were the most advantageous, then the (...)

The Indian Government allows the Tax Department to share information with the Competition Authority, which proceeded to give leniency to the two companies involved in cartel cases in the transport sector during the COVID-19 pandemic (Automotive Bearing / Railway Locomotive)
IndusLaw (Delhi)
3 contributions 1550 visits
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AZB & Partners (Mumbai)
India 2 contributions 1085 visits
CCI joins forces with the Indian Tax Department: A new dawn for the Indian Fair-trade regulator?* The outbreak of the Covid-19 pandemic has worsened the already struggling Indian economy and the sky-high growth in the cartel cases in the country comes as no surprise. However, given the (...)

The Spanish High Court rejects the appeal brought by a consultancy firm fined for acting as a facilitator in a car cartel (ANT)
Ashurst (Madrid)
Spain 14 contributions 2375 visits
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Spanish Competition Authority (CNMC) (Madrid)
Spain 8 contributions 1492 visits
In 2015, the Spanish Competition Authority ("CNMC") sanctioned a cartel of Land Rover dealers, and found that a consultancy firm, ANT Servicalidad, was also liable for the conduct as it acted as a facilitator of the cartel. In a recent judgment, the Spanish High Court rejected the appeal (...)

The Lithuanian Competition Authority fines the national transport safety administration for extending contracts with 42 service providers without a competitive procedure (Lithuanian Transport Safety Administration)
Lithuanian Competition Authority (Vilnius)
Lithuania 106 contributions 20824 visits
Contract Extensions With Passenger Road Transport Service Providers Without a Competitive Procedure Restricted Competition* The Lithuanian competition authority Konkurencijos taryba has found that the Lithuanian transport safety administration (LTSA) infringed the Law on Competition when it (...)

The Indian Competition Authority dismisses abuse of dominance claims against the national highway authority based on the eligibility criteria stipulated in a request for tenders (Sandeep Mishra / National Highway Authority of India)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8800 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10692 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10762 visits
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Key Points It is the prerogative of the procurer / buyer to decide technical specifications in the tender document as per its requirement. Such specifications would only be subject to the provisions of the Act if the tender document framed by a dominant entity contained provisions which were (...)

The Indian Competition Authority reaffirms that prescribing eligibility criteria in tenders is not anticompetitive (Sandeep Mishra / National Highways Authority of India)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18771 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20824 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19729 visits
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In dismissing a complaint at prima facie stage against the National Highways Authority of India (NHAI), [1] the CCI reaffirmed that the prescription of eligibility criteria by a procurer/buyer of a product or service will not, unless demonstrably unfair or discriminatory, be regarded as (...)

The EU Court of Justice receives a request for a preliminary ruling from the Léon Court of Appeal on the temporal application of the Damages Directive provisions on limitation and quantification of harm (Volvo / DAF Trucks)
CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17432 visits
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European Commission - DG COMP (Brussels)
Belgium 5 contributions 2591 visits
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CDC Cartel Damage Claims (Brussels)
Belgium 1 contribution 267 visits
In the aftermath of Directive 2014/104/EU (Directive), Spain appears to be one of the most active jurisdictions dealing with antitrust damages cases. In particular, a multitude of Spanish courts have been seized with actions for compensation in relation to the European Trucks Cartel (Case (...)

The Indian National Company Law Appellate Tribunal clarifies the emerging jurisprudence on hub-and-spoke cartels and standing requirements in a case concerning two ride-hailing platforms in the automobile services market for fixing cab fares through their apps (Uber / Ola)
National Law School of India University (Bangalore)
3 contributions 1641 visits
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3 contributions 849 visits
In a relief to the multinational giant, Uber, and home-grown Ola (collectively, Ride-hailing Platforms), the National Company Law Appellate Tribunal (NCLAT) – India’s appeal tribunal for competition matters – dismissed an appeal filed by Samir Agrawal (Informant). In doing so, the NCLAT has (...)

The Indian National Company Law Appellate Tribunal dismisses an appeal against two ride-sharing platforms for price fixing (Uber / Ola)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8800 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10692 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10762 visits
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Key Points The Competition Act specifically provides the modes by which the CCI may take cognizance of allegations of contravention of the Competition Act. An information concerning any allegations may be filed before CCI under Section19(1)(a) of the Competition Act, only by a person who has (...)

The Guangzhou Intellectual Property Court rules on its first trademark infringement and unfair competition case regarding parallel imports, in which it finds such acts should constitute neither trademark infringement nor unfair competition (Opel Electric / Guangdong Shifu Electric)
King & Wood Mallesons (Beijing)
China 1 contribution 391 visits
First Trademark Infringement and Unfair Competition Case regarding Parallel Import Concluded by Guangzhou IP Court* Recently, Guangzhou IP Court ruled on its first trademark infringement and unfair competition case regarding parallel import, in which it found such acts should neither (...)

The Spanish Supreme Court rules that ride-hailing services do not restrict competition and the restrictions imposed on them are unjustified and disproportionate (VTCs)
Ecija & Asociados (Madrid)
Espagne 20 contributions 2222 visites
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Bird & Bird (Madrid)
Espagne 29 contributions 4787 visites
The ongoing conflict between ride-hailing services (known in Spain as "VTCs"), such as Uber, and the taxi sector has led to a new ruling from the Spanish Supreme Court that confirms the view of the Spanish Competition Authority (the "CNMC") that the restrictions imposed on the VTCs are (...)

The UK Competition Appeal Tribunal rules on which part of the EU Commission’s settlement decision is binding on a defendant and that it is an abuse of process for defendants to deny in follow-on damages claims the findings that are contained in settlements (Trucks Cartel)
Hausfeld (London)
United Kingdom 1 contribution 265 visits
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Hausfeld (London)
United Kingdom 2 contributions 353 visits
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Ashurst (London)
United Kingdom 8 contributions 3345 visits
In an important judgment for follow- on damages claims, the Competition Appeal Tribunal has ruled that a number of findings made by the European Commission in its Trucks ‘settlement’ Decision are binding on the defendants and the Tribunal; and that, subject to limited exceptions, it is an (...)

The Spanish Provincial Court of Pontevedra reduces the amount of damages received by an individual for the acquisition of a truck when the trucks cartel was in place (Man Truck & Bus Iberia / Trucks Cartel)
Herbert Smith Freehills (Madrid)
Spain 22 contributions 31740 visits
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Herbert Smith Freehills (Madrid)
Spain 12 contributions 2178 visits
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Herbert Smith Freehills (Madrid)
Spain 5 contributions 808 visits
The Provincial Court of Pontevedra, Spain (Provincial Court) reduced the amount of damages received by an individual for the acquisition of a truck from one of the companies sanctioned by the European Commission’s decision in case AT.39824 -Trucks (EC Decision) when that cartel was in place (...)

The Spanish High Court annuls Competition Authority’s decision fining 12 refrigerated transport companies and one business association for price fixing (ATFRIE)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 47172 visites
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Callol, Coca & Asociados (Madrid)
Espagne 61 contributions 4205 visites
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Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 22312 visites
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The appealed Decision stated that the Spanish Association for Refrigerated Transportation (ATFRIE, in its Spanish acronyms), a business association of the main national companies involved in refrigerated transportation, had met to fix prices in the sector of refrigerated transport. The (...)

The Madrid Commercial Court requests a preliminary ruling from the EU Court of Justice concerning the international competence of the court which was contested by defendants (RH / AB Volvo)
CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17432 visits
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European Commission - DG COMP (Brussels)
Belgium 5 contributions 2591 visits
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3C Compliance (Madrid)
Spain 3 contributions 510 visits
Choice of forum delicti in EU-wide cartel damages cases (C-30/20, RH vs Volvo) Does Art. 7(2) Brussels I bis determine territorial jurisdiction within the EU Member States, Madrid Commercial Court asks EU Court of Justice. The request for a preliminary ruling from the Madrid Commercial (...)

The Turkish Competition Authority asserts jurisdiction over an agreement by 47 transportation companies to fix the wages of the truck drivers
ACTECON (Istanbul)
Turkey 27 contributions 9702 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 9 contributions 3076 visits
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Esin (Istanbul)
Turkey 3 contributions 756 visits
Turkish Competition Authority Reiterates: Labor Market is Subject to Competition Law Enforcement* Anti-competitive practices in the labor markets have generally not been on the radar of the competition watchdogs. Given the increase in the number of cases dealing with the labor markets within (...)

Unilateral Practices

 The Italian Competition Authority finds abusive conducts interfering with a competitive tender procedure for the selection of providers of local public transport services in Tuscany (Regione Toscana / Gara per l’affidamento del servizio di trasporto pubblico locale)
Municipality of Cagliari
168 contributions 134239 visites
The Italian Competition Authority finds abusive conducts interfering with a competitive tender procedure for the selection of providers of local public transport services in Tuscany (Gara TPL Tuscany) By an infringement decision handed down in the case Gara TPL Toscana, the Italian (...)

The Australian Competition Authority accepts a court-enforceable undertaking from a racing company after raising competition concerns relating to speedway racing in Victoria (Speedway Australia)
Australian Competition and Consumer Commission (Canberra)
Australie 397 contributions 84352 visites
Speedway Australia undertakes to address competition concerns involving sprintcar tracks* The ACCC has accepted a court-enforceable undertaking from N.A.S.R. Incorporated, trading as Speedway Australia, after the ACCC raised competition concerns relating to speedway racing in Victoria. The (...)

The Indian Competition Authority issues a cease and desist order against a limestone logistics company for anti-competitive price determination, limitation and control of supply (CJ Darcl Logistics / Dumper Truck Union)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8800 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10692 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10762 visits
BRIEF FACTS: An information was filed by CJ Darcl Logistics Ltd. (“CJD”) against Dumper and Dumper Truck Union Lime Stone (“DTU”) and All Members of Dumper and Dumper Truck Union Lime Stone (“AMDTU”), collectively (“OPs”) for restrictions imposed by DTU and its members by not letting CJD, a (...)

The Indian Competition Authority closes a case against a taxi-aggregator finding no abuse of dominance in the market for radio taxi services in Delhi-NCR (Meru Travel Solutions / Uber India)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18771 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20824 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19729 visits
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The CCI closed a case against taxi-aggregator Uber, rejecting arguments by Meru Travel Solutions (Meru) that Uber had abused its dominant position under Section 4 of the Competition Act by resorting to predatory pricing and that exclusivity agreements with its driver partners had an (...)

The Indian Competition Authority dismisses complaints against the State of Tamil Nadu’s road department on an alleged anticompetitive tender process because sufficient bids were received and the procurement process was found to benefit both the procurer and the public (Trichy Superintendent Engineer of Highways Department)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10762 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10692 visits
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Vahura (New Delhi)
India 59 contributions 5756 visits
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KEY POINTS The consumer, based on his requirements / commercial considerations, has the freedom to specify and choose the kind of service, machineries, timelines, mode, and the manner in which it requires the same, provided that no provision of the Act is violated. The public procurement (...)

The Indian Supreme Court upholds the National Company Law Appellate Tribunal’s decision declaring no hub-and-spoke cartel involving two ride-hailing platforms in the automobile services market for fixing cab fares through their apps (Uber / Ola)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43044 visits
Uber and Ola finally win antitrust case in India -Supreme Court upholds NCLAT decision -No Hub and Spoke cartel – (but importantly rejects NCLAT decision on lack of locus standi)* The Supreme Court of India vide its judgment dated 15.12. 2020 has upheld the concurrent findings on merits of (...)

The Indian Competition Authority dismisses an allegation of abuse of dominance resulting from the termination of a dealership agreement by a manufacturer of motorcycles and scooters (India Yamaha Motor)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8800 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10692 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10762 visits
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KEY POINTS An alleged illegal termination of a dealership agreement by a manufacturer who does not command a dominant position does not attract the abuse of dominant position provisions of the Competition Act. BRIEF FACTS Vijay Chaudhary (“Dealer”) was an authorised dealer of India (...)

The Czech Competition Authority imposes a fine for anti-competitive parking conditions for certain hybrid vehicles in paid parking zones in Prague (City of Prague)
Bird & Bird (Prague)
Czech Republic 25 contributions 4448 visits
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Dentons (Prague)
Czech Republic 14 contributions 3317 visits
The Czech Office for the Protection of Competition ("Office") published a press release on 16 July 2020 (without publishing the full decision yet) regarding a fine imposed for anti-competitive parking conditions for certain hybrid vehicles in paid parking zones in Prague. According to this (...)

The Italian Competition Authority upholds a provisional interim order against abusive practice interfering with a competitive tender procedure (TPL Toscana)
Municipality of Cagliari
168 contributions 134239 visites
Introduction On 23 June the Italian Competition Authority (ICA) has upheld a provision interim order in the context of an Article 102 TFEU investigation in the TPL Toscana case . The ICA was satisfied that there was a prime facie case for an Article 102 TFEU breach that justified the (...)

The Cypriot Competition Authority finds that excessive prices applied by the airport operator on its competitors for licensing parking services amount to an abuse of a dominant position (A. Princess Airport Parking / C & A Stop and Fly / X. Xanthos Airport Parking Services / Hermes Airports)
Antoniou McCollum & Co. (Nicosia)
Cyprus 15 contributions 16924 visits
The Cypriot Commission for the Protection of Competition (CPC) found that excessive prices applied by the airport operator on its competitors for parking services amount to an abuse of a dominant position. The complainants in this case, A. Princess Airport Parking Ltd, C & A Stop and (...)

Mergers

 The Cypriot Competition Authority receives notification of an acquisition of a transport & logistics company’s shares by an inland container services provider (Martin Bencher / Maersk Logistics)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 9061 visits
Notification of a concentration concerning the acquisition of the share capital of Martin Bencher (Scandinavia) A/S by A.P. Moller-Maersk A/S, via Maersk Logistics & Services International A/S* The Service of the Commission for the Protection of Competition has received a notification of (...)

The Romanian Competition Authority unconditionally approves the acquisition of a car rental company by its competitor (Premium Leasing / Autonom Services)
Romanian Competition Council (Bucharest)
Roumanie 160 contributions 29340 visites
The Competition Council assesses the taking over of Premium Leasing S.R.L. By Autonom Services S.A.* The Competition Council assesses the transaction by which Autonom Services S.A. intends to take over Premium Leasing S.R.L., part of Țiriac Group. Autonom Services S.A., established in (...)

The US FTC imposes a fine totalling $487K on the founder of a transportation and logistics company for repeatedly violating the Hart-Scott-Rodino Act (Clarence L. Werner)
US Federal Trade Commission (FTC) (Washington)
United States 182 contributions 43086 visits
FTC Fines Clarence L. Werner, Founder of the Truckload Carrier Werner Enterprises, Inc. for Repeatedly Violating Antitrust Laws* Today, the Federal Trade Commission announced that Clarence L. Werner, founder of the Omaha, Nebraska-based truckload carrier Werner Enterprises, Inc. will pay a (...)

The US FTC and DoJ announce that they have entered into settlements with the founder of a logistics company and a restaurant chain owner for alleged gun jumping violations (Clarence L. Werner) (Biglari)
Dechert (Washington)
United States 15 contributions 2941 visits
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Dechert (New York)
United States 9 contributions 1766 visits
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Dechert (Washington)
United States 5 contributions 1269 visits
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Key takeaways Small incremental acquisitions may require HSR filings and the HSR waiting period to be observed. Subsequent acquisitions of a small amount of the same issuer’s voting securities after the HSR requirements have been satisfied may still require additional HSR filings. Even the (...)

The French Competition Authority unconditionally clears the acquisition of a food transportation company by 2 trucking companies (TMF Group / Prim@ever / Olano Group)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
The Autorité de la concurrence unconditionally clears the acquisition of the TMF Group by Prim@ever and the Olano Group* On 15 November 2021, Prim@ever, which is jointly controlled by the STEF Group and the Olano Group, notified the Autorité de la concurrence of its plan to acquire joint (...)

The Saudi Arabian Competition Authority unconditionally clears the merger of a ride-sharing company and its competitor (Uber / Careem)
General Authority for Competition (Riyadh)
Saudi Arabia 19 contributions 1794 visits
A Statement Announcing the Executive Summary of Uber’s Economic Concentration Application to Acquire Careem* Given the General Authority for Competition (GAC) role in protecting markets, encouraging fair competition and combating monopolistic practices that affect them; and in a desire to (...)

The Romanian Competition Authority unconditionally approves the acquisition of an acoustic system and upholstery division by a manufacturer of parts and accessories for vehicles (Faurecia Automotive / Adler Pelzer)
Romanian Competition Council (Bucharest)
Roumanie 160 contributions 29340 visites
The Competition Council approved the taking over of Acoustic System Division belonging to Faurecia Automotive Holdings S.A.S. by Adler Pelzer Holding GMBH, Germany* The Competition Council approved the transaction by which Adler Pelzer Holding GmbH, Germany, takes over the acoustic system (...)

The Danish Competition Authority approves the acquisition of multiple bus companies by a private equity firm (IV / Egons / Papuga Bus / Polaris Private Equity / Larsenbus)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36328 visits
The Danish Competition Council has approved Polaris Private Equity IV K/S’ acquisition of the bus companies Egons A/S, Larsenbus ApS, Papuga Bus A/S, and Papuga A/S On 23 March 2021, the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of Polaris (...)

The UK Competition Authority clears a merger between two taxi companies (Uber / Autocab)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 407 contributions 101248 visites
CMA clears Uber and Autocab deal* The CMA announced today that it has cleared Uber’s purchase of Autocab, following a Phase 1 merger investigation. The CMA (Competition and Markets Authority) opened its Phase 1 merger investigation into ride-hailing company Uber’s acquisition of GPC (...)

The Belgian Competition Authority authorizes with remedies the acquisition of a commercial vehicle dealer company by its competitor (Delorge group / Coox)
Belgian Competition Authority (Brussels)
Belgium 120 contributions 24207 visits
Decision of the Competition College of the BCA in respect of the merger between the Delorge group and Coox* The Competition College of the Belgian Competition Authority (BCA) has on 19 November 2020 authorized with remedies the acquisition by the Holding Groep Delorge BV (Groep Automotive (...)

The New Zealand Competition Authority reaches a divestment agreement with a car park operator in a 4-year old merger in order to settle competition concerns (Wilson Parking)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25268 visits
Wilson Parking agrees to divest car parks in settlement agreement with Commerce Commission* Wilson Parking New Zealand Limited (Wilson Parking) has agreed to divest the leases of three car parking facilities it currently operates in central Wellington, in a settlement agreement with the (...)

The Portuguese Competition Authority prohibits a merger in the public road transport services market (Transdev / Grupo Fundão)
Van Bael & Bellis (Brussels)
Belgique 40 contributions 10040 visites
On 6 October 2020, the Portuguese Competition Authority (“AdC”) issued a decision prohibiting the Transdev Group’s acquisition of Grupo Fundão as well as public transport service concessions currently held by Transerramar and Auto Transportes do Fundão. Both Transdev and Grupo Fundão occupy (...)

The Portuguese Competition Authority prohibits an acquisition due to the risk of eliminating competition in the passenger transportation sector (Transdev / Grupo Fundão)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30100 visites
AdC prohibits the acquisition of Grupo Fundão by the Transdev Group due to risk of eliminating competition in passenger transportation in central Portugal* The AdC (Portuguese Competition Authority) issued a prohibition decision relative to the acquisition of Grupo Fundão as well as of the (...)

The French Competition Authority clears, subject to the conditions of divesting agencies and fleets, the acquisition in the sector for the rental of refrigerated and non-refrigerated industrial goods vehicles (Fraikin / Via Location)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
The Autorité de la concurrence clears, subject to the conditions of divesting agencies and fleets, the acquisition of the group Via Location by the group Fraikin* On 3 June 2020, the group Fraikin notified the Autorité of a plan to acquire full control of the company Via Location. The (...)

The UK Competition Authority finds that a motorcycle insurance broker merger raises competition concerns (Ardonagh / Bennetts)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 407 contributions 101248 visites
Motorcycle insurance broker merger raises competition concerns* The CMA has found that Ardonagh’s completed purchase of Bennetts could lead to higher prices, less choice and worse services for motorcyclists in the UK. Ardonagh Group Limited (Ardonagh), which operates the Carole Nash and (...)

The EU Commission opens an in-depth investigation into the proposed merger of two global automotive companies (Fiat Chrysler / Peugeot)
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2929816 visites
Mergers: Commission opens in-depth investigation into the proposed merger of PSA and FCA* The European Commission has opened an in-depth investigation to assess the proposed merger of automotive companies Fiat Chrysler Automobiles N.V. (“FCA”) and Peugeot S.A. (“PSA”) under the EU Merger (...)

The Dutch Competition Authority conditionally approves a joint venture by the largest domestic public-transport company and a mobility service provider to create a travel app (Dutch Railways / Pon)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 212 contributions 36664 visites
Mobility service provider Pon en Dutch Railways NS are conditionally allowed to create travel app together* Dutch Railways NS and Pon are allowed to create a new company, which will operate an app that allows consumers to plan, book and pay for their trips, combining different modes of (...)

The Chinese State Administration for Market Regulation clears an acquisition in the auto parts sector subject to conditions (ZF / WABCO)
King & Wood Mallesons (Beijing)
China 19 contributions 4755 visits
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King & Wood Mallesons (Beijing)
China 9 contributions 3570 visits
On 15 May 2020, the State Administration for Market Regulation (“SAMR”) in China conditionally approved ZF Friedrichshafen AG (“ZF”)’s acquisition of WABCO Holdings, Inc. (“WABCO”, ZF and WABCO collectively as the “Parties”) following a 180-day extended Phase 2 review. It is noteworthy that (...)

The French Competition Authority clears, without remedies, the joint takeover of a transport company (Satar / Inseco / Stef)
Linklaters (Brussels)
Belgium 3 contributions 1185 visits
On the 20th February 2020, the French Competition Authority (FCA) has cleared unconditionally the joint takeover of Satar by Inseco and Stef. The Authority, therefore, assessed the effects of this takeover to determine whether it would raise concerns in the market for road haulage of goods (...)

The Pakistan Competition Authority approves an acquisition between two application-based ride-sharing service companies despite extremely high market concentration levels and efficiencies failing to outweigh the adverse effects of lessening competition (Careem / Uber)
McGill University - Department of Law (Montreal)
Canada 2 contributions 2633 visits
The Competition Commission of Pakistan (hereinafter “CCP” or “the Commission”) through its order dated 31 January 2020 (“the Order”) approved the acquisition of Careem by Uber Technologies, Inc., transforming the duopolistic market of application-based ridesharing services into a monopolistic (...)

State Aid

 The EFTA Surveillance Authority approves a Norwegian grant scheme for businesses particularly affected by severe increases in energy prices
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28754 visits
ESA approves Norwegian grant scheme for businesses particularly affected by severe increases in energy prices* The EFTA Surveillance Authority (ESA) has today approved a grant scheme for businesses in Norway that are particularly affected by severe increases in energy prices that have (...)

The EU Commission approves an Italian scheme worth €526.5M to support the road haulage sector in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2929816 visites
State aid: Commission approves €526.5 million Italian scheme to support the road haulage sector in the context of Russia’s invasion of Ukraine* The European Commission has approved a €526.5 million Italian scheme to support the road haulage sector in the context of Russia’s invasion of (...)

The EU Commission approves a Romanian scheme worth €60.7M to support the road transport sector in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2929816 visites
State aid: Commission approves €60.7 million Romanian scheme to support the road transport sector in the context of Russia’s invasion of Ukraine* The European Commission has approved a €60.7 million (RON 300 million) Romanian scheme to support companies active in road transport of goods and (...)

The EU Commission approves an €18M Irish support scheme to support the road haulage sector in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2929816 visites
State aid: Commission approves €18 million Irish scheme to support the road haulage sector in the context of Russia’s invasion of Ukraine* The European Commission has approved an €18 million Irish scheme to support the road haulage sector in the context of Russia’s invasion of Ukraine. The (...)

The EU Court of Justice rules that State resources transferred from one public authority to another for the management of public services are not State aid within the meaning of Article 107(1) TFEU (Hermann Albers)
Maastricht University (Maastricht)
Belgique 357 contributions 66808 visites
Intra-State Transfers and the Discretion of Public Authorities* Resources transferred from one public authority to another for the purpose of being used to subsidise undertakings do not fall within the scope of Article 107(1) TFEU if the recipient authority has discretion in their (...)

The EFTA Surveillance Authority approves continued and increased support to long-distance bus and passenger boat services in Norway in the context of the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28754 visits
COVID-19 pandemic: ESA approves continued and increased support to long-distance bus and passenger boat services in Norway* The EFTA Surveillance Authority (ESA) has today approved a renewal of and amendments to a Norwegian scheme to compensate operators of long-distance bus and passenger (...)

The EU Commission approves a €20M Spanish scheme under the Recovery and Resilience Facility to support the deployment of intelligent transportation systems
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2929816 visites
State aid: Commission approves €20 million Spanish scheme under Recovery and Resilience Facility to support deployment of intelligent transportation systems* The European Commission has approved, under EU State aid rules, a €20 million Spanish scheme made available through the Recovery and (...)

The EU Court of Justice applies the market economy investor principle when assessing whether commercial transactions between public authorities and undertakings are free of State aid (Autostrada Wielkopolska)
Maastricht University (Maastricht)
Belgique 357 contributions 66808 visites
First Case of a “Private Debtor” Test?* A public authority acting as a “private debtor” tries to minimise the amount that it has to pay. Introduction In assessing whether commercial transactions between public authorities and undertakings are free of State aid, the European Commission (...)

The Spanish Supreme Court reconsiders its position on the proportionality criteria in relation to private hire vehicle licenses in light of Articles 49, 102 and 107 of TFEU (Prestige / Limousine)
Judicial Ethics Commission (Madrid)
Espagne 39 contributions 2206 visites
The Spanish Supreme Court has declared admissible an appeal in cassation against a judgment by the Madrid High Court of Justice concerning the conformity of its case-law on the criterion that limits private hire vehicle licences to one for every 30 taxi licences or fewer, in the light of (...)

The EFTA Surveillance Authority approves increased support to long-distance bus and passenger boat services in Norway until the end of 2021 due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28754 visits
COVID-19 Pandemic: ESA approves increased support to long-distance bus and passenger boat services in Norway until the end of 2021* The EFTA Surveillance Authority (ESA) has today approved the renewal of a support scheme to compensate losses incurred by operators of long-distance bus and (...)

The EU Commission approves Greek public funding for the construction and operation of the North section of the E65 motorway
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2929816 visites
State aid: Commission approves Greek public funding for construction and operation of North section of E65 motorway* The European Commission has approved, under EU State aid rules, Greek public funding of €442 million for the construction of the North section of the Central Greece Motorway (...)

The EU Commission approves a German aid scheme worth €300M to support the transition to sustainable local public transport
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2929816 visites
State aid: Commission approves €300 million German aid scheme to support transition to sustainable local public transport* The European Commission has approved, under EU State aid rules, a €300 million German scheme to support innovative projects aimed at strengthening sustainable local (...)

The EFTA Surveillance Authority approves continued and increased support to long-distance bus and passenger boat services in Norway as a result of the Covid-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28754 visits
COVID-19 Pandemic: ESA approves continued and increased support to long-distance bus and passenger boat services in Norway* The EFTA Surveillance Authority (ESA) has today approved a prolongation of a scheme to compensate losses incurred by operators of long-distance bus and passenger boat (...)

The EFTA Surveillance Authority approves amendments to a compensation scheme for bus and passenger boat services in Norway due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28754 visits
COVID-19 pandemic: ESA approves amendments to a compensation scheme for bus and passenger boat services in Norway* The EFTA Surveillance Authority (ESA) has today approved amendments making it easier for eligible bus and boat service operators to access funding. On 20 July 2020, ESA (...)

The EFTA Surveillance Authority approves a compensation scheme for bus and passenger boat services in Norway due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28754 visits
COVID-19 Pandemic: ESA approves compensation scheme for bus and passenger boat services in Norway* The EFTA Surveillance Authority (ESA) has approved a scheme that will compensate undertakings offering commercial, year round, long-distance bus and boat services for losses incurred on (...)

The EU Commission approves a Lithuanian scheme worth €5M in the form of loan interest payments for SMEs active in road freight transport affected by the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2929816 visites
State aid: Commission approves €5 million Lithuanian scheme for SMEs active in road freight transport affected by the coronavirus outbreak* The European Commission has approved a €5 million direct grant scheme to support the Lithuanian economy in the context of the coronavirus outbreak. The (...)

Procedures

 The EU General Court dismisses a truck manufacturer’s action and maintains the Commission’s fine of €880.52M for participation in a cartel (Scania)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 32570 visites
The General Court dismisses Scania’s action and maintains the fine of €880.52 million imposed by the Commission for Scania’s participation in a cartel between truck manufacturers* The General Court provides clarification on, first, the legality of a ‘hybrid’ procedure combining the (...)

The EU Court of Justice AG Rantos delivers an opinion on the temporal application of the Antitrust Damages Directive, confirming that the nature of the rules implementing the directive is determined by EU law and not national law (RM / Volvo / DAF Trucks)
CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17432 visits
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European Commission - DG COMP (Brussels)
Belgium 5 contributions 2591 visits
AG Rantos delivers a halfway opinion on the temporal application of the EU Antitrust Damages Directive (C-267/20, AB Volvo, DAF TRUCKS NV / RM)* In his opinion of 28 October 2021 (‘Opinion’), Advocate General (‘AG’) Rantos confirmed that the nature of the rules implementing the EU Damages (...)

The Spanish Supreme Court affirms an injunction against the Competition Authority’s decision to stop a transport company from bidding for public contracts (Transporte Escolar Murcia)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 47172 visites
The Judgment of the Supreme Court (the Judgment) addressed an appeal brought by the CNMC against an Order of the High Court provisionally staying the sanctions in Decision of 20 June 2019, Transporte Escolar Murcia, file SAMUR/02/2018. The importance of the Judgment lies on the nature of the (...)

The England & Wales Court of Appeal confirms that collective proceedings’ funding arrangements are not damages-based agreements (Trucks Cartel)
Ashurst (London)
United Kingdom 14 contributions 2590 visits
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Ashurst (London)
United Kingdom 7 contributions 1413 visits
On 5 March 2021, the Court of Appeal upheld a decision of the Competition Appeal Tribunal ("CAT") that the funding arrangements in place in two collective proceedings arising from the Trucks cartel are not damages-based agreements ("DBAs"). What you need to know - key takeaways The decision (...)

The England & Wales Court of Appeal dismisses a request for appeal as the Tribunal’s funding judgment does not fall within the ambit of section 49(1A) of the Competition Act (Trucks Cartel)
Hausfeld (London)
United Kingdom 5 contributions 1300 visits
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Hausfeld (London)
United Kingdom 11 contributions 1652 visits
Following a rolled-up hearing comprising a panel of three judges sitting as both the Court of Appeal and the Divisional Court, a judgment earlier this month has provided helpful clarity on two important aspects relating to the collective proceedings regime: (i) the extent to which litigation (...)

The German Federal Court of Justice rules in a private damages claim concerning the German track cartel that lump-sum cartel damages clauses of 5% and up to 15% are permissible
Ashurst (Frankfurt)
Germany 15 contributions 4240 visits
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Ashurst (Munich)
Germany 9 contributions 1786 visits
In a decision of 10 February 2021, published at the end of April 2021, the German Federal Court of Justice ("FCJ") ruled in a private damages claim action concerning the German track cartel that lump-sum cartel damages clauses of 5% (as in the case at hand) and, more generally, of up to 15% (...)

The Spanish High Court annuls the Competition Authority’s €60,000 fine against a road transport association for lack of motivation and error in the qualification of the conduct (ASEMTRASAN)
Cuatrecasas (Barcelona)
Spain 3 contributions 381 visits
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Cuatrecasas (Barcelona)
Spain 1 contribution 55 visits
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Cuatrecasas (Madrid)
Spain 1 contribution 55 visits
The Spanish National High Court (Audiencia Nacional, “Spanish High Court”) has annulled the fine that the Spanish National Commission of Markets and Competition (Comisión Nacional de los Mercados y de la Competencia, “CNMC”) imposed to the Asociación de Empresarios de Transportes (...)

The England & Wales Court of Appeal dismisses an appeal relating to the evidential weight to be given to recitals in EU Commission infringement decisions issued under the settlement procedure (Trucks Cartel)
Ashurst (London)
United Kingdom 14 contributions 2590 visits
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Ashurst (London)
United Kingdom 7 contributions 1413 visits
On 11 November 2020, the Court of Appeal emphatically dismissed an appeal brought by five truck manufacturers against a judgment of the Competition Appeal Tribunal ("CAT") handed down in March 2020 relating to the evidential weight to be given to recitals to a European Commission infringement (...)

The England & Wales Court of Appeal clarifies the ability of parties that settle EU Commission antitrust investigations to challenge the Commission’s findings in follow-on damages actions (Trucks Cartel)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 3241 visits
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Cleary Gottlieb Steen & Hamilton (London)
Belgique 32 contributions 38601 visites
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8867 visits
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The Court of Appeal has handed down an important judgment clarifying the ability of parties that settle European Commission (Commission) antitrust investigations to challenge the Commission’s findings in follow-on damages actions. The judgment concerns an appeal relating to a preliminary (...)

The German Federal Court of Justice rules on the passing-on defense in damages claims proceedings following a sanctioned cartel in the rail market (Rail cartel)
Van Bael & Bellis (Brussels)
Belgium 24 contributions 5036 visits
In a recently published judgment of 23 September 2020, the German Federal Court of Justice (“FCJ”) ruled once again on the private damages claims of a public transport company following on from the Federal Cartel Office’s rail track cartel decision (see VBB on Competition Law, Volume 2012, No. (...)

The Turkish Competition Authority opens an investigation against an undertaking operating in the automotive sector in order to re-evaluate its previous decision since it was annulled by the 13th Chamber of Council of States (SCT)
ACTECON (Istanbul)
Turkey 27 contributions 9702 visits
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ACTECON (Istanbul)
Turkey 24 contributions 4151 visits
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ACTECON (Istanbul)
Turkey 19 contributions 3156 visits
The Undertakings Operating in the Automotive Sector under the Review of the TCA Once Again* Introduction In the previous days, the Turkish Competition Authority (“TCA”) resolved under its decision dated 26.03.2020 and numbered 20-16/234-M to open an investigation against the undertaking (...)

The German Regional Court of Munich dismisses follow-on damages claims totalling €600M against participants in a truck cartel (Trucks Cartel)
Court of First Instance of Namur (Namur)
Belgique 224 contributions 47473 visites
On 7 February 2020, the Regional Court of Munich (the “Court”) dismissed a follow-on claim for damages brought by litigation vehicle Financial right, a registered legal services company. The claim followed a 2016 fining decision of the European Commission (the “Commission”) against (...)

Regulatory

 The Hungarian Competition Authority recommends competition-friendly regulations for taxi services in Budapest
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19792 visits
Instead of Drastic Price Hikes, the GVH Recommends Competition-friendly Regulations for the Capital City, which is Preparing to Make Taxi Services More Expensive* 13 April 2022, Budapest – The Hungarian Competition Authority (GVH) is proposing to the Capital City to stimulate competition (...)

The EU Commission invites comments on draft proposals for the future of the Motor Vehicle Block Exemption Regulation and Supplementary Guidelines
European Commission - DG COMP (Brussels)
Belgique 1362 contributions 2929816 visites
Antitrust: Commission invites comments on draft proposals for the future of the Motor Vehicle Block Exemption Regulation and Supplementary Guidelines* The European Commission launched today a public consultation and a call for evidence inviting all interested parties to comment on its draft (...)

The UK Competition Authority invites views on the commitments proposed by a major national chargepoint operator to pave the way for opening up competition in charging of the electric vehicles sector (Gridserve / Electric Highway)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 407 contributions 101248 visites
CMA to open up electric vehicle charging competition on motorways* CMA action is paving the way for greater investment, greater choice, and competition on prices for electric vehicle drivers, by opening up competition in the charging sector. CMA Chief Executive says “Healthy competition is (...)

The Hong Kong Competition Authority responds to the national transport department’s consultation on the low-cost bus service sector (Franchises of Citybus / Long Win Bus / New World First Bus)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 55 contributions 11780 visits
Response to the Transport Department’s Proposal to Issue New Franchises to Incumbent Bus Operators* Introduction and summary The Competition Commission (the Commission) welcomes the opportunity to respond to the Transport Department’s (TD’s) consultation on “Franchises of Citybus Limited (...)

The EFTA Surveillance Authority takes action against Iceland for restrictions in the taxi-services market
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28754 visits
ESA takes action against Iceland for restrictions in the taxi-services market* The EFTA Surveillance Authority (ESA) has today launched infringement proceedings against Iceland for not respecting EEA rules on freedom of establishment in the taxi sector. Current practice in Iceland limits (...)

The Austrian Government plans to reverse amendments to the Occasional Traffic Act to increase competition, consumer choice, and innovation in the taxi and private hire car markets
K&L Gates (Brussels)
Belgium 3 contributions 419 visits
As previously reported in this Newsletter, in September 2020 the Austrian Federal Competition Authority (“AFCA”) published the results of a sector inquiry into the taxi and private hire car market. The AFCA found that certain planned amendments to the Occasional Traffic Act (“AOTA”) would (...)

The Austrian Government amends its taxi and private hire car regulation to remove the taximeter requirement from journeys concluded by way of a communications service
Austrian Competition Authority (Vienna)
Austria 64 contributions 7724 visits
New amendment to Occasional Traffic Act enables increased competition in the taxi and private hire car market* The Occasional Traffic Act (GelverkG), which includes provisions on the requirement to hold a licence, including the scope and granting of said licence in relation to the combined (...)

The Spanish Competition Authority challenges certain provisions of the Basque Government’s decree for private hire vehicles
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31583 visits
The CNMC decides to challenge certain provisions of the VTC Decree issued by the Basque Government* The provisions being challenged require VTC customers to pre-hire the service 30 minutes in advance and prevent them from geolocating the vehicles available before hiring them. The CNMC asked (...)

The German Competition Authority supports the German association of the automotive industry’s measures for overcoming the challenges caused by the COVID-19 pandemic in the automotive industry
German Competition Authority (Bonn)
Allemagne 457 contributions 116556 visites
Crisis management measures in the automotive industry - Bundeskartellamt supports the German Association of the Automotive Industry (VDA) in developing framework conditions under competition law aspects* The German Association of the Automotive Industry (VDA) has presented measures for (...)

The Australian Competition Authority revokes interim authorisation for car rental companies to jointly negotiate with cairns airport due to the COVID-19 pandemic
Australian Competition and Consumer Commission (Canberra)
Australie 397 contributions 84352 visites
Interim authorisation for car rental companies revoked due to COVID-19* The ACCC has revoked an interim authorisation due to the change in market conditions caused by the COVID-19 pandemic. The ACCC granted the interim authorisation in February to five major car rental companies to jointly (...)

The Norwegian Government grants the transportation sector a 3-month temporary exception from the Competition Act as a special measure due to COVID-19
Norwegian Competition Authority (Bergen)
Norway 34 contributions 3875 visits
Transportation sector is granted temporary exception from the Competition Act* Following the corona epidemic, the Norwegian government has as of today granted the transportation sector a three months temporary exception from the prohibition against anticompetitive agreements and practices in (...)

The Chinese State Administration for Market Regulation releases antitrust guidelines for the automotive industry
King & Wood Mallesons (Beijing)
China 19 contributions 4755 visits
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Shihui Partners (Beijing)
China 2 contributions 339 visits
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King & Wood Mallesons (Beijing)
China 2 contributions 339 visits
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China’s Auto Antitrust Guidelines Released to the Public* On 20 February 2020, in his annual review “Dedicated to Fair Competition and Serving Reform and Development – Overview of Antitrust Work in 2019”, Mr. Wu Zhenguo, the Director of the Anti-monopoly Bureau (“AMB”) of the State (...)