Search results - Concurrences

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° 3-2020

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° 3-2020

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 (...)

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° 3-2020

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° 3-2020

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° 3-2020

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 (...)

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 (...)

19 Feb 2020 R

Market power: The French Competition Authority publishes its contribution to the debate on competition policy and digital issues

Marie Cartapanis • N° 2-2020 • pp. 93-95

On 19 February 2020, two months after the publication of its Google/Gibmedia decision, the Competition Authority put online its contribution to the debate on competition policy and digital issues. The Authority’s thinking is rooted in a context of a flurry of doctrinal, decision-making and case (...)

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 (...)

9 Dec 2019 R

Relevant market: The European Commissioner for Competition announces the revision of the 1997 Guidelines on the definition of the relevant markets

Frédéric Marty • N° 1-2020 • pp. 87-88

The phenomena of digital convergence and the structuring of many industries into ecosystems are leading to increasing difficulties in defining relevant markets. This definition is crucial in competitive disputes, particularly in the digital sector where ultra-dominance phenomena are very (...)

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, (...)

6 Nov 2019 R

Market power: The French Competition Authority and the Bundeskartellamt publish a joint study on algorithms and competition

Marie Cartapanis • N° 1-2020 • pp. 90-91

Following the study on Big Data, the Competition Authority and the Bundeskartellamt published a joint study on algorithms and their implications for competition law enforcement on 6 November. The 88-page study is accompanied by a summary and a press release. It presents algorithms both as key (...)

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 (...)

22 Aug 2019 R

Excessive prices: The Polynesian Competition Authority rules that the refrigeration service is inherent to the sale of beverages and sanctions its billing by a distributor as an abuse of a dominant position (Wane)

Nicolas Éréséo • N° 4-2019

French Polynesia is an overseas collectivity (COM) made up of five archipelagos and 118 islands, and enjoys a large degree of autonomy from mainland France. Among other specificities, it is only very recently that Polynesia abandoned the model of an administered economy in favour of a more (...)

31 Jul 2019 R

Commitments: The French Competition Authority publishes proposed commitments to end coupling and loyalty discounts in the parcel delivery market (La Poste)

Alain Ronzano • N° 4-2019

Nearly ten years after being seized by the Belgian company Kiala, an operator of relay point delivery in competition with home delivery, which was acquired by UPS in 2012, the Authority finally decided to publish commitments and subject them to a market test! The plaintiffs denounced two (...)

31 Jul 2019 R

Sudden break: The Paris Court of appeal rules in a sudden break of established business relationships, on a settlement of accounts between a supplier and one of its ex distributor, and studies the combination of new rules from the French Commercial code (JD Services / Brico Dépot)

Jean-Michel Vertut • N° 4-2019

The Order of 24 April 2019 reforming Title IV reflects a desire on the part of the public authorities to approach the various restrictive practices according to an approach which, although minimalist in terms of the wording of what is prohibited, is nonetheless firm. Not without a somewhat (...)

25 Jul 2019 R

Essential facilities: The French Competition Authority rejects a referral for lack of sufficiently convincing evidence in a case relating to practices implemented in the fuel sector in the Reunion Island (CCIRPP)

Alain Ronzano • N° 4-2019

On 25 July 2019, the Competition Authority posted online a decision No. 19-D-16 issued on 24 July 2019The meeting was chaired by the new vice-president, Irène Luc, and followed by a presentation by the general rapporteur himself on practices implemented in the fuel sector in Reunion Island. The (...)

24 Jul 2019 R

Admissibility: The French Competition Authority rejects, for lack of evidence, a complaint against the manager of fuel import depots on Reunion Island (CCIRPP)

Michel Debroux • N° 4-2019 • pp. 101-102

Barely eight months between referral and decision... This rare speed can be explained here by the obvious shortcomings of the referral. Reading certain decisions of the Competition Authority sometimes leaves the commentator perplexed, so much so that the relationship between the facts and the (...)

18 Jul 2019 R

Notion of abuse: The European Commission fines the chipsets market dominant operator €242 million for predatory pricing (Qualcomm)

Alain Ronzano • N° 4-2019

On July 18, 2019, the European Commission announced that it had fined Qualcomm €242 million, representing 1.27% of its turnover, for abusing its dominant position in the market for 3G baseband chipsets, which enable smartphones and tablets to connect to cellular networks and are used for both (...)

18 Jul 2019 R

Dominant position: The European Commission imposes a €4.34 billion fine on the dominant search engine operator on Android mobile devices for strengthening its dominance (Google)

Alain Ronzano • N° 4-2019

On September 20, 2019, the Commission made public the decision adopted on July 18, 2018. which, it will be recalled, fined Google €4.34 billion for abusing its dominant position not only in the market for general internet search services but also in the market for licensed intelligent mobile (...)

18 Jul 2019 R

Exclusionary abuse: The European Commission fines the dominant chipmaker company for predatory pricing in the market of 3G baseband chipsets (Qualcomm)

Frédéric Marty • N° 4-2019 • pp. 98-99

The European Commission has sanctioned Qualcomm for abuse of foreclosure in the integrated circuit market. According to the Commission, the anticompetitive foreclosure strategy implemented was based on a predatory pricing strategy. The decision, which carries a penalty of €242 million, has not (...)

11 Jul 2019 R

Denigration: The Paris Court of Appeal largely upholds the condemnation by the French Competition Authority of a pharmaceutical company for an abuse of its dominant position having delayed and then limited generic entry (Janssen-Cilag, Johnson & Johnson)

Anne Wachsmann, Nicolas Zacharie • N° 4-2019 • pp. 99-101

By a judgment of 11 July 2019, the Paris Court of Appeal largely confirmed the decision of the Competition Authority (’the Authority’) No 17-D-25 of 20 December 2017 which had sanctioned the Janssen-Cilag laboratory, and its parent company Johnson & Johnson, for first delaying and then (...)

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