Search results - Concurrences

18 Nov 2020 R

Essential facility: The General Court of the European Union confirms the decision of the European Commission finding an abuse of a dominant position by the Lithuanian incumbent railway operator, but reduces the fine imposed (Lietuvos geležinkeliai)

Alain Ronzano • N° 4-2020

On 18 November 2020, the Court of First Instance of the European Union delivered a judgment in Case T-814/17 (Lietuvos geležinkeliai v Commission).. The case follows the action for annulment of the decision of 2 October 2017.The Commission imposed a fine of EUR 27 873 000 on Lietuvos (...)

10 Nov 2020 R

Abuse of dominant position: European Commission sends a statement of objections to an e-commerce platform accusing it of systematically using non-public commercial data from independent sellers using its marketplace to promote the sale of its own products to consumers in competition with those of these third party sellers (Amazon)

Alain Ronzano • N° 4-2020

On 10 November 2020, the European Commission indicated that it had sent a Statement of Objections to Amazon, alleging that Amazon had systematically used non-public commercial data from independent sellers using its market place to promote the sale of its own products to consumers in (...)

28 Oct 2020 R

Environment: The French Competition Authority gives a reserved opinion on the draft decree introducing a tariff cap mechanism for access to non-hazardous waste storage facilities

Alain Ronzano • N° 4-2020

On 29 October 2020, the Competition Authority made public an opinion n° 20-A-09 of 28 October 2020under the terms of which it issues a reserved opinion on the draft decree establishing a mechanism for capping the tariffs for access to non-hazardous waste storage facilities (ISDND), as instituted (...)

26 Oct 2020 R

Market test: The French Competition Authority rejects the proposed commitments aimed at making the formal licensing of the manufacture and marketing of gamepad compatible controllers more transparent and non-discriminatory, and refers the case back for further investigation (Sony)

Alain Ronzano • N° 4-2020

By a somewhat laconic press release dated October 26, 2020the Competition Authority announced that the College had decided not to accept and therefore not to make binding the commitments proposed by Sony a year ago, the same commitments which were aimed at making the formal licensing of the (...)

14 Oct 2020 R

Civil fault: The French Supreme Court confirms the existence of a civil fault consisting for the dominant operator in not having separated its masses of stakes in hard and online stakes (Betclic / PMU)

Alain Ronzano • N° 4-2020

By means of a judgment of 14 October 2020the Commercial Chamber of the Court of Cassation has dismissed the appeal brought by GIE PMU againstjudgment delivered on 12 September 2018. by the Paris Court of Appeal (Pole 5, Chamber 4), in the dispute between it and Betclic, confirming the existence (...)

8 Oct 2020 R

Intellectual property: The Paris Court of Appeal confirms almost entirely the decision requiring a search engine to negotiate with press publishers (Google)

Alain Ronzano • N° 4-2020

On 8 October 2020, Chamber 5-7 of the Paris Court of Appeal delivered its judgment. on Google’s appeal against the decision no. 20-MC-01 of 9 April 2020The Court of First Instance held that the Authority’s decision was not against Decision No 19-D-26 of 19 December 2019, as stated on the first (...)

16 Sep 2020 R

Abuse of dominant position: The French Supreme Court confirms in all respects the conclusions of the Court of Appeal concerning practices implemented to hinder the establishment of competing pylons (TDF)

Alain Ronzano • N° 4-2020

On 16 September 2020, the Commercial Chamber of the Court of Cassation handed down its ruling in the case of practices implemented by TDF to prevent the installation of competing pylons. It rejects all the pleas raised in the main appeal brought by TDF, but also the sole plea in the (...)

16 Sep 2020 R

Abuse of dominant position: The French Supreme Court once again censors the Paris Court of Appeal in the case of access to the fixed telephony market for second homes (Orange / SFR)

Alain Ronzano • N° 4-2020

In a judgment delivered on 16 September 2020In a decision handed down on June 8, 2018, the Commercial Chamber of the Court of Cassation once again censured the Paris Court of Appeal in the case of access to the fixed telephony market for secondary residences, following a so-called "stand alone" (...)

9 Sep 2020 R

Collective dominant position: The French Competition Authority sanctions pharmaceutical companies for abusing their collective dominant position in the French market for the treatment of age-related macular degeneration with a fine of 444 million euros (Novartis, Roche and Genentech)

Alain Ronzano • N° 4-2020

By Decision No. 20-D-11 of 9 September 2020The French Competition Authority has imposed a fine of 444 million euros on the Novartis group and the Roche/Genentech group (385 million for Novartis alone) for abusing their collective dominant position on the French market for the treatment of (...)

9 Sep 2020 R

Access to facilities: Advocate General Saugmandsgaard Øe calls on the Court of Justice of the European Union to confine the Bronner judgment to the refusal of access to an opposing facility by an undertaking in a dominant position and to reject the concept of ’implied refusal of access’ (Deutsche Telekom, Slovak Telekom )

Alain Ronzano • N° 4-2020

On 9 September 2020, Advocate General Henrik Saugmandsgaard Øe delivered his Opinion. in Cases C-152/19 (Deutsche Telekom AG v European Commission) and C-165/19 (Slovak Telekom a.s. v European Commission). As the incumbent and leading telecoms operator in Slovakia, a subsidiary of Deutsche (...)

9 Sep 2020 R

Collective dominant position: The French Competition Authority sanctions three pharmaceutical companies for denigration practices and for spreading alarmist, even misleading, discourse to public authorities (Novartis, Roche, Genentech)

Anne Wachsmann, Nicolas Zacharie • N° 4-2020 • pp. 137-141

In a decision of September 9, 2020, the French Competition Authority ("the Authority") sanctioned Novartis, Roche and Genentech for abusive practices aimed at safeguarding sales of the drug Lucentis for the treatment of age-related macular degeneration ("AMD") to the detriment of the drug (...)

2 Sep 2020 R

Fines: The French Supreme Court confirmes in the ’zinc case’ that the omission concerning the offender’s membership of a powerful group constituted a material error which the Court of Appeal was entitled to rectify (Umicore)

Alain Ronzano • N° 4-2020

In a judgment delivered on 2 September 2020The Commercial Chamber of the Court of Cassation, rejecting the appeals lodged by the Umicore group - the appeal lodged by the Chairman of the Authority, which was considered late, was declared inadmissible - not only confirms the judgment handed down (...)

16 Jul 2020 R

Copyright: Advocate General Pitruzzella invites the Court to clarify the conditions under which a copyright management organisation in a de facto monopoly situation may be required to impose unfair royalties on organisers of music festivals which are liable to constitute an abuse of a dominant position (SABAM / W.W, WCD)

Alain Ronzano • N° 4-2020

On 16 July 2020, Advocate General Giovanni Pitruzzella delivered his Opinion in Case C-372/19 (SABAM).which follows the reference for a preliminary ruling from the Tribunal de l’entreprise d’Anvers (Antwerp Works Tribunal) concerning the remuneration charged to music festivals by a Belgian (...)

15 Jul 2020 R

Remedies: The European Commission invites interested third parties to submit their observations on commitments proposed by a pharmaceutical company to reduce prices in Europe for six key cancer drugs by an average of 73% (Aspen)

Alain Ronzano • N° 4-2020

On 15 July 2020, the following appeared in the OJEU a Commission Notice inviting interested third parties to comment on Aspen’s commitments to reduce prices in Europe for six key cancer drugs by an average of 73% in order to address the Commission’s concerns about excessive pricing, on the basis (...)

14 Jul 2020 R

Exploitative abuse: The European Commission initiates a market test of commitments proposed by a pharmaceutical company to address its competition concerns about possible excessive prices for anti-cancer drugs (Aspen)

Frédéric Marty • N° 4-2020 • pp. 133-134

The Commission is launching a market test to gather the views of interested parties onAspen ’s proposed commitments to address competition concerns relating to its pricing practices on a number of cancer drugs. Pending a comment on the substance of the case - the Commission is only at the stage (...)

29 Jun 2020 R

Exclusionary abuse: The European Free Trade Association’s Surveillance Authority sanctions the incumbent operator in the Norwegian telecommunications sector for a strategy of price squeeze in the field of stand-alone mobile broadband services (Telenor)

Frédéric Marty • N° 4-2020 • pp. 132-133

On 29 June 2020, the EFTA Surveillance Authority fined the Norwegian telecoms incumbent operator almost € 112 million for implementing a margin squeeze strategy against its competitors in the downstream market for stand-alone broadband services. Telenor is vertically integrated and as such (...)

10 Jun 2020 R

Barriers to entry: The French Supreme Court dismisses an appeal against the decision of the Paris Court of Appeal, which had confirmed in all respects the sanction of three eviction practices for the access to the Eiffel Tower site (TDF)

Alain Ronzano • N° 3-2020

In a judgment delivered on 10 June 20205 million for the sole eviction practice implemented on the market for the renewal of the agreement for the occupation of the Eiffel Tower site. In its decision, the Commercial Chamber of the Court of Cassation, ruling in a panel that did not give any (...)

10 Jun 2020 R

Exclusionary abuse: The French Supreme Court rejects an appeal against a judgment of the Paris Court of Appeal which validated the sanction, by the French Competition Authority, of an undertaking for a late and partial transmission of essential information in order to answer to invitations to tender and for having put in place anticompetitive prices (TDF)

Anne Wachsmann, Nicolas Zacharie • N° 3-2020 • p. 106

In a judgment dated June 10, 2020, the French Supreme Court (Cour de Cassation) dismissed an appeal against the judgment of the Paris Court of Appeal (the "Court of Appeal"), which had itself confirmed, in a judgment dated October 12, 2017, Decision No. 15-D-10 of June 11, 2015 by which the (...)

2 Jun 2020 R

Digital platforms: The European Commission wants to strengthen ex ante regulation of the major digital platforms and to provide a new competition tool to impose behavioural or structural injunctions on them without any prior finding of abuse and without fines or damages actions

Alain Ronzano • N° 3-2020

On 2 June 2020, the Commission launched a broad initiative on the regulation of digital platforms, based on the draft Digital Services Act. In this context, the Commission is launching two parallel and complementary consultations concerning, on the one hand, a draft ex ante regulation of the (...)

30 Apr 2020 R

Dominant collective position: The French Competition Authority rejects a complaint from a television broadcasting platform claiming to be a victim of attempted foreclosure (Molotov)

Anne Wachsmann, Nicolas Zacharie • N° 3-2020 • pp. 103-105

In a decision of 30 April 2020, the Competition Authority (the Authority) rejected the substantive referral of the Molotov company (Molotov) and, consequently, the associated request for interim measures filed against the M6 and TF1 groups. Molotov is a platform that broadcasts television (...)

27 Apr 2020 R

Commitments : The European Commission is submitting for consultation commitments concerning the markets for TV decoder and modem chipsets (Broadcom)

Alain Ronzano • N° 3-2020

It will be recalled that, on 16 October 2019, the Commission imposed interim measures for the first time since 2004. In the present case, the Commission suspected Broadcom, a supplier of components for television decoders and modems, possibly dominant in three separate markets, namely the (...)

9 Apr 2020 R

Intellectual property: The French Competition Authority requires the dominant operator of search engines to negotiate with publishers and news agencies the remuneration due under neighbouring rights for the transfer of their protected content (Google)

Alain Ronzano • N° 3-2020

Seized in November 2019 by AFP and several professional organisations representing press publishers, denouncing the practices implemented by Google consisting of diverting, if not the letter, at least the spirit and objectives of law no. 2019-775 of 24 July 2019, which created a neighbouring (...)

9 Apr 2020 R

Discrimination: The French Competition Authority orders protective measures in favour of press agencies and publishers against an undertaking likely to have abused its dominant position on the French market for general search services (Google / Syndicat des éditeurs de la presse magazine, Alliance de la presse d’information générale and Agence France-Presse)

Marie Cartapanis • N° 3-2020 • pp. 101-103

On 9 April 2020, the Competition Authority issued a first decision granting interim measures in a new Google case which is already attracting a great deal of interest in the press, online communication services to the public and online advertising sectors. The case begins with the adoption of (...)

2 Apr 2020 R

Commitments: The Competition Authority accepts and makes binding the commitments of the former incumbent home parcel delivery operator regarding the calculation of its discounts on parcel deliveries (La Poste)

Alain Ronzano • N° 3-2020

On 2 April 2020, the Competition Authority adopted Decision No 20-D-06 in whose favour it accepts and makes binding the commitments de la Poste SA and closes the substantive proceedings initiated by Kiala France, Kiala SA, UPS France and UPS Inc. concerning practices in the parcel delivery (...)

2 Apr 2020 R

Rebates: The French Competition Authority accepts commitments proposed by the incumbent operator in the parcel delivery sector (La Poste)

Marie Cartapanis • N° 3-2020 • pp. 99-111

More than ten years after the opening of proceedings against La Poste for practices in the parcel delivery sector, and at a time when business to consumer parcel delivery is facing a massive influx of parcels due to the health crisis, the Competition Authority has published a decision in which (...)

31 Mar 2020 R

Essential facilities: The Commission does not intend to change its doctrine on the application of essential facilities theory to dominant digital platforms

Alain Ronzano • N° 2-2020

Should major digital platforms be considered critical infrastructure? The Commission clarifies this in an answer to a question from MEPs. It will be remembered that, on 29 January 2019, Olivier Guersent, the new Director General of DG Competition in Brussels, spoke before the French Senate (...)

31 Mar 2020 R

Critical infrastructures: The Commissioner for Competition clarifies, in response to a parliamentary question, the implementation conditions of the essential facilities doctrine to online platforms

Marie Cartapanis, Frédéric Marty • N° 3-2020 • pp. 98-99

The theory of critical infrastructure, which stems from the decision-making practice of the American Supreme Court with the Terminal Railroad Association decision of 1912 (United States v. Terminal Railroad Ass’n, 224 U.S. 383 (1912)), has been adopted by European case law, even though the (...)

23 Mar 2020 R

COVID-19: The European Competition Network issues a joint statement on the application of competition law during the Covid-19 crisis

Marie Cartapanis • N° 3-2020 • p. 97

In the context of the health crisis, and following several publications by national competition authorities aimed at informing undertakings about the temporary relaxation of the competition rules during the Covid-19 crisis, the European Competition Network issued on 23 March 2020 a joint (...)

16 Mar 2020 R

Fines: The French Competition Authority fines the dominant operator in the sector of designing and marketing electronic products and its two wholesalers €1.24 billion for implementing practices affecting ’intra-brand’ competition (Apple, Ingram Micro, Tech Data)

Alain Ronzano • N° 2-2020

The news broke over the weekend: the Competition Authority is sanctioning Apple and its two wholesalers to the tune of... 1.24 billion euros!!!! Excuse the little... And this record fine... just for practices affecting, it seems, "intra-brand" competition and which, if we understand correctly, (...)

16 Mar 2020 R

Exclusionary abuse: The European Commission fines a hotel group for geographical-based discrimination between customers (Melià)

Frédéric Marty • N° 2-2020 • p. 85

The European Commission is penalising a Spanish hotel chain for introducing contractual clauses in its agreements with tour operators which are liable to introduce geographical discrimination between different consumers on a national basis. The Commission launched an investigation in February (...)

16 Mar 2020 R

Abuse of economic dependance: The French Competition Authority fines an electronic product manufacturer for an abuse of economic dependence towards its distributors (Apple, Tech Data, Ingram)

Anne Wachsmann, Nicolas Zacharie • N° 2-2020 • pp. 92-93

In a decision dated 16 March 2020 (not available at the time of writing; see press release), the Authority fined Apple €1.1 billion for practices concerning the distribution of its products (excluding iPhones) in France. Its wholesalers Tech Data and Ingram Micro were also fined €76.1 million and (...)

16 Mar 2020 R

Abuse of economic dependence: The French Competition Authority fines a company for abuse of economic dependence in the distribution of computer products and consumer electronic equipment (Apple, Tech Data, Ingram Micro)

Marie Cartapanis • N° 4-2020 • pp. 134-137

On 16 March 2020, after seven years of investigation, the French Competition Authority fined Apple and two wholesalers, Tech Data and Ingram Micro, a record amount of nearly €1.14 billion for practices implemented in the distribution of Apple-branded products. Text The publication of this (...)

6 Mar 2020 R

Commitments: The European Commission makes legally binding commitments taken by the Romanian incumbent operator of gas transport to facilitate natural gas exports (Transgaz)

Frédéric Marty • N° 2-2020 • pp. 86-87

The European Commission has taken a decision making binding the commitments offered by the Romanian natural gas transmission system operator. The commitments will lead the Romanian natural gas transmission system operator to increase its export capacity to Hungary and Bulgaria and to ensure (...)

20 Feb 2020 R

Remedies: The French Competition Authority sanctions the dominant operator on the funeral insurance market in Réunion Island for failure to comply with commitments made in 2009 (Mutualité de La Réunion)

Alain Ronzano • N° 2-2020

On February 20, 2020, the Competition Authority issued Decision No. 20-D-03 200,000 for failing to comply with the commitments entered into by the Mutualité de La Réunion and made binding by the Authority in Commitment Decision No. 09-D-27 of 30 July 2009. The commitments entered into in 2009 (...)

30 Jan 2020 R

Pay for delay: The Court of Justice of the European Union sets out the conditions under which an pay for delay agreement constitutes a restriction of competition by object or effect and how it can be analyzed as an abuse of a dominant position (Generics - UK)

Alain Ronzano • N° 2-2020

Just eight days after General Counsel Juliane Kokott presented her findings... in Case C-307/18 (Generics (UK) and Others), the Court of Justice of the European Union has therefore delivered its judgment in record time on 30 January 2020 in the same case.. Under the terms of this judgment - (...)

30 Jan 2020 R

Predatory pricing: The Court of Justice of the European Union dismisses the appeals against the Commission’s decisions in the case of alleged predatory practices by the Czech railway incumbent (České dráhy)

Alain Ronzano • N° 2-2020

On 30 January 2020, the Court of Justice of the European Union delivered a judgment in Joined Cases C-538/18 and C-539/18 (České dráhy a.s. v. European Commission). in favour of which it dismisses in their entirety the appeals brought by the Czech rail incumbent operator, České dráhy, against the (...)

30 Jan 2020 R

Pay-for-delay: The Court of Justice of the European Union condemns an originator laboratory for an abuse of its dominant position due to the cumulative effect of reverse-payment settlements concluded with generic drug manufacturers (Generics - UK)

Anne Wachsmann, Nicolas Zacharie • N° 2-2020 • pp. 83-85

In a judgment of 30 January 2020 handed down on a reference for a preliminary ruling by the Competition Appeal Tribunal of the United Kingdom, the Court of Justice of the European [Union Court of Justice] provides interesting clarifications with regard to both the concept of anti-competitive (...)

23 Jan 2020 R

Essential facility: The French Competition Authority rejects the request for access to an essential facility, but announces the opening of an exploratory investigation (AOTA / Orange)

Alain Ronzano • N° 2-2020

On January 23, 2020, the Competition Authority issued a decision No. 20-D-02 of January 23, 2020in which it concludes that Orange’s fibre-to-the-home (FttH) infrastructure is not critical infrastructure. The case was referred to the Association of Alternative Telecommunications Operators (...)

23 Jan 2020 R

Essential facilities: The French Competition Authority rejects for lack of convincing evidence the request for provisional measures related to an alleged refusal to access to an essential facility (OATA / Orange)

Marie Cartapanis • N° 2-2020 • pp. 91-92

On 23 January 2020, the Competition Authority rejected the request for interim measures ancillary to a referral on the merits of the case by OATA, the Association of Alternative Telecommunications Operators. The association, which represents 40 regional telecom operators, denounced an abuse of (...)

22 Jan 2020 R

Pay for delay: Advocate General Kokott invites the Court to rule that an Pay for Delay agreement may constitute a restriction of competition by object or effect and that its conclusion may be analysed as an abuse of a dominant position (Generics - UK)

Alain Ronzano • N° 2-2020

Taking the view that uncertainty as to the validity of a patent on a medicinal product or as to the infringing nature of its generic does not preclude the patent holder and the generic manufacturer from being regarded as potential competitors, Advocate General Kokott invites the Court to rule (...)

16 Jan 2020 R

Exclusionary abuse: The French Competition Authorities confirms the articulation between mergers and acquisitions control and the sanction of anticompetitive practices (Tower Cast / TDF)

Frédéric Marty • N° 2-2020 • pp. 89-90

By a decision of 16 January 2020, the Competition Authority decided that there was no need to continue proceedings initiated by a referral based on an alleged abuse of a dominant position constituted by a concentration on the terrestrial broadcasting market. The Authority’s decision is linked to (...)

19 Dec 2019 R

Abuse of dominant position: The French Competition Authority fines the dominant operator in the online advertising market for abuse of a dominant position (Google)

Alain Ronzano • N° 1-2020

Let’s start with Decision No. 19-D-26 of 19 December 2019 for which the Authority fined Google €150 million for abuse of a dominant position. He was subdued on reading the Authority’s statement . This was confirmed after reading the decision itself: the way in which Google implemented the (...)

19 Dec 2019 R

Fines: The French Competition Authority imposes a EUR 150 Million fine to an undertaking for an abuse of dominant position on the online search advertising market (Google)

Marie Cartapanis • N° 2-2020 • pp. 87-89

On 19 December 2019, the Competition Authority imposed a fine of €150 million on Google for abusing its dominant position in the market for search-related online advertising. This decision is part of a general climate of mistrust towards the digital giant. In addition to the sanctions imposed (...)

22 Nov 2019 R

Licensing: The French Competition Authority launches a market test on proposed remedies in the manufacturing and marketing of game console compatible controllers (Sony)

Alain Ronzano • N° 1-2020

On 22 November 2019, the Competition Authority launched a market test of one month on the proposed commitments by Sony Europe on the process of formally licensing the manufacture and marketing of controllers compatible with the Playstation 4 game console. The Authority was approached more (...)

22 Nov 2019 R

Act of State: The French Competition Authority declares itself incompetent to know the access tariffs to Beauvais airport charged by its manager to bus carriers (Passenger transport by bus)

Alain Ronzano • N° 1-2020

On 25 November 2019, the Competition Authority posted online Decision No. 19-D-22 of 22 November 2019 on practices in the coach passenger transport sector. Seizure in parallel with a dispute before ARAFER by the company Fréthelle, active in public road passenger transport, concerning the access (...)

22 Nov 2019 R

Market test: The French Competition Authority submits to market test commitments offered in the sector of controllers for games consoles (Sony)

Marie Cartapanis • N° 1-2020 • pp. 91-93

The Sony case is a further illustration of the success of the engagement process in the digital economy and, more specifically, in the sector of video games and control accessories compatible with the PlayStation 4 console. The investigation begins with a referral, filed on October 20, 2016, (...)

14 Nov 2019 R

Excessive prices: The Paris Court of Appeal reformes almost entirely the emblematic decision on the disposal of infectious waste in Corsica (Sanicorse, Cesarini Group)

Alain Ronzano • N° 1-2020

A serious setback has just been suffered by the French Competition Authority before Chamber 5-7 of the Paris Court of Appeal in the emblematic case, in more than one respect, of the disposal of waste from health care activities with an infectious risk in Corsica. By judgment of 14 November (...)

14 Nov 2019 R

Excessive price: The Paris Court of Appeal squashes a decision of the French Competition Authority fining a company for excessive pricing (Sanicorse, Cesarini)

Anne Wachsmann, Nicolas Zacharie • N° 1-2020 • pp. 88-90

In a judgment dated November 14, 2019, the Paris Court of Appeal (the "Court of Appeal") annulled the decision of the French Competition Authority ("the Authority") rendered on September 20, 2018 which had sanctioned SANICORSE, jointly and severally with its parent company, SAS Groupe Cesarini, (...)

16 Oct 2019 R

Excessive prices: The Paris Court of Appeal orders a stay of execution of the Polynesian Competition Authority’s decision in the beverage refrigeration service case (Wane)

Alain Ronzano • N° 1-2020

The First President of the Paris Court of Appeal orders the suspension of the execution of the decision of the Polynesian Competition Authority in the Beverage Refrigeration Service case on the ground that there is a serious risk of that decision being annulled, in particular because of the (...)

22 Aug 2019 R

Excessive prices: The Polynesian Competition Authority sanctions a company for having imposed excessive prices on its suppliers (Wane)

Anne Wachsmann, Nicolas Zacharie • N° 4-2019 • pp. 102-104

By a decision of 22 August 2019, the Polynesian Competition Authority (the ’Polynesian Authority’) fined the Wane Group approximately EUR 2 million (235 million Pacific Francs) for abusing its dominant position by imposing excessive prices on its suppliers in order to allow them to benefit from a (...)

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