Search results - Concurrences

17 Dec 2020 B

The Luxembourg Competition Authority President rejects a request for interim measures in the context of the COVID-19 health crisis (Bionext / Laboratoire National de Santé)

Clémence Patte, Gabriel Bleser • Preview

I. Introduction On 17 December 2020, the President of the Luxembourg Competition Council (hereinafter the “President”) rendered a decision on a request for interim measures requested by the laboratory Bionext S.A. (hereinafter “Bionext”) against the Laboratoire National de Santé (hereinafter (...)

1 Dec 2020 B

The EU Commission approves State compensation granted by Italy to national postal service for its universal service obligation (Poste Italiane)

European Commission • December 2020

State aid: Commission approves State compensation granted by Italy to Poste Italiane for its universal postal service obligation* The European Commission has found the compensation granted by Italy to Poste Italiane to fulfil its public service mission (so-called ‘universal service obligation’ (...)

10 Jul 2020 R

SGEI: The French Supreme Administrative Court considers that the exclusive rights granted to two electricity distributors are compatible with European Union law (Enedis and EDF)

Aurore Laget-Annamayer • N° 4-2020 • pp. 233-235

In a judgment dated 10 July 2020, the Council of State ruled that exclusive rights to distribute electricity and supply at regulated sales tariffs are compatible with European Union law. It therefore accepted the absence of competitive tendering for distribution concession contracts and their (...)

10 Jul 2020 R

Electricity: The French Supreme Administrative Court rejects the argument relating to the alleged incompatibility of the exclusive rights granted to the company managing the electricity distribution network and the incumbent operator on this market with European Union law (Mme A. / Métropole de Lyon)

Emmanuel Guillaume, Rémi Ducloyer • N° 4-2020 • pp. 212-214

While the question of the compatibility with European Union law of the exclusive rights granted to Enedis on the continental metropolitan territory has given rise to numerous doctrinal debates and various disputes, the Conseil d’État has never before taken a position on this issue, which is (...)

5 May 2020 B

The German Federal Court of Justice issues a judgment in a case involving SEP licensing negotiations on FRAND terms between two companies active in the mobile telecommunication market (Sisvel / Haier)

Peter L’Ecluse • May 2020

On 5 May 2020, the German Federal Court of Justice (Bundesgerichtshof - the “FCJ”) delivered a judgment in a case pitting Sisvel against Haier which deals with the licensing of Standard Essential Patents (“SEP”) on terms that are fair, reasonable and non-discriminatory (“FRAND”). This is the first (...)

5 May 2020 B

The German Federal Court of Justice rules on SEP licensing negotiations on FRAND terms in the mobile telecommunications market (Sisvel / Haier)

Henrik Holzapfel, Christian Dölling • May 2020

The German Federal Court of Justice (FCJ) has issued its decision in a landmark case regarding standard essential patents (SEPs) and fair, reasonable and nondiscriminatory (FRAND) licensing of SEPs. The judgment, dated 5 May 2020, was handed down in litigation between the Sisvel patent pool and (...)

5 May 2020 B

The German Federal Court of Justice clarifies obligations of parties in SEP licensing negotiations on FRAND terms (Haier / Sisvel)

Katharina Bongs • May 2020

In its judgment of 5 May 2020, the Federal Court of Justice (“FCJ”) overturned the appeal ruling of the Higher Regional Court of Düsseldorf (the “Düsseldorf Court”) and found that Haier’s mobile telephones and tablets infringed Sisvel’s standard-essential patent (“SEP”) and that Sisvel had not abused (...)

26 Feb 2020 R

Exclusive right: The French Administrative Supreme Court rules that the exclusive right granted to the Health Digital Agency is compatible with Articles 102 and 106 of the Treaty on the Functioning of the European Union (Appligos)

Francesco Martucci • N° 2-2020 • pp. 217-218

In a ruling dated 26 February 2020, the Council of State dismissed the appeal brought against the refusal of the Minister of Solidarity and Health to repeal Decree No. 2015-1680 of 15 December 2015 on the programme to modernise the information and telecommunications systems of the emergency (...)

19 Sep 2019 B

Intellectual property and competition law: An overview of EU and national case law

Rupprecht Podszun • Intellectual property

About ten years ago, “IP and competition law” was the hottest ticket in antitrust town. The relevant cases decided in those days had it all: Well-known companies, very sophisticated legal issues, and authorities that were willing to intervene vigorously in the field of intellectual property (...)

6 Jun 2019 B

The OECD holds a roundtable on the licensing of IP rights and competition law

OECD • June 2019

IP rights, which create temporary exclusive rights that protect investments in research and some creative activities, have taken on an increasingly prominent and extensive role in economic activity – and in market competition as well. As the economy digitalises and the importance of intangible (...)

29 May 2019 R

Exclusive distribution: The French Competition Authority issues a new decision sanctioning the maintenance, after the entry into force of the Lurel Act, of an exclusive import agreement in the overseas communities (bioMérieux, Guyana Medical Service)

Alain Ronzano • N° 3-2019

On May 29, 2019, the French Competition Authority issued a new decision sanctioning the maintenance, after the entry into force of the Lurel Act, of an exclusive import agreement in the French overseas collectivities, following two decisions adopted on the same basis under Article L. 420-2-1 of (...)

1 Feb 2019 R

L’Europe au présent ! Liber amicorum Melchior Wathelet

Stéphane Rodrigues • N° 1-2019 • p. 246

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

10 Jan 2019 B

The Turkish Competition Authority fines a company for resale price maintenance after the Council of State annulled its first decision finding no infringement regarding prepaid card prices (Turkcell II)

Gönenç Gürkaynak, Burcu Can • January 2019

The Turkish Competition Board published its reasoned decision on an additional investigation on whether Turkcell İletişim Hizmetleri A.Ş. has violated the Law No. 4054 on the Protection of Competition through resale price maintenance and exclusivity practices (19-03/23-10; 10.01.2019). The (...)

28 Nov 2018 B

The Egyptian Economic Court fines the President and the Secretary General of a sports association for abuse of dominance regarding an exclusive licensing agreement (Confederation of African Football)

Egyptian Competition Authority • November 2018

Economic Court has Fined Mr. Isaa Hayatou (President of CAF) and Mr. Hicham El Amrani (Secretary General of CAF) 500 Million EGP Each*  Background of the case:  January 3rd 2017, the Egyptian Competition Authority (ECA) requested the Prosecutor’s Office to press criminal charges pursuant to (...)

21 Jun 2018 B

The Moldovan Competition Authority applies the non bis in idem principle in the investigation of abuse of dominance in the electricity market (Gas Natural Fenosa Furnizare)

Alexandr Svetlicinii • June 2018

On 21 June 2018 the Competition Council of the Republic of Moldova (CC) has concluded its investigation into the alleged abuse of dominant position in the form of refusal to deal on the part of the electricity supplier Gas Natural Fenosa Furnizare Energie SRL. Based on the principle of ne bis (...)

12 Jun 2018 B

The Indian Competition Authority opens an investigation into abuse of dominance by oil and natural gas company in the market for charter hire of offshore support vehicles (Indian National Shipowners’ Association / Oil and Natural Gas Corporation)

Man Mohan Sharma • June 2018

CCI directs investigation against Oil and Natural Gas Limited (‘ONGC’) for abuse of dominant position* The CCI by way of an order dated June 12, 2018 has directed investigation under Section 26(1) of the Act against ONGC for abusing its dominant position in the relevant market for “charter hire (...)

10 Jun 2018 B

The Egyptian Competition Authority orders interim measures against a football organization which granted exclusive rights in absence of fair, or transparent or non-discriminatory tendering procedures (FIFA)

Egyptian Competition Authority • June 2018

The ECA orders interim measures against the FIFA to make available on free-to-air terrestrial channels the 2018 World Cup Russia* The ECA has ordered interim measures against FIFA based on prima facie finding of infringements to articles 7 and 8 of the Egyptian competition law as it was (...)

25 May 2018 B

The Australian Federal Court dismisses an appeal by the Competition Authority against a judgement establishing market power in the pharmaceutical sector (Pfizer)

Patrick Sands, Sarah Benbow, Patrick Gay • May 2018

The Full Court of the Federal Court of Australia has dismissed an appeal by the ACCC against an earlier judgment in relation to pharmaceutical company Pfizer. While the Full Court upheld the single judge decision that Pfizer had not misused its market power or engaged in prohibited (...)

1 Feb 2018 B

The Moldovan Competition Authority finds a state-initiated restraint of competition on the part of the state-owned enterprise entrusted with the management of the official publications (Moldpres)

Alexandr Svetlicinii • February 2018

On 1 February 2018 the Competition Council of the Republic of Moldova (CC) found that the state-owned enterprise (SOE) entrusted with the management of the official publications has applied discriminatory tariffs for its publishing services in violation of competition law prohibiting (...)

20 Dec 2017 R

Exclusive supply clause: The French Supreme Court dedicates the validity of a supply clause indicating a third party as beneficiary of the exclusive right to supply the distributor (CDFI / BTB)

Nicolas Éréséo • N° 2-2018 • pp. 96-97

Most distribution contracts contain clauses which restrict the freedom of purchase of distributors by depriving them of the possibility to acquire competing products and/or by requiring that the contract products be acquired exclusively from a specific person. The contract usually designates (...)

20 Dec 2017 B

The EU Court of Justice reminds that the Commission must establish the condition of selectivity of the advantage which is assessed legally and factually in State aids litigation (Comunidad Autónoma de Galicia / Retegal)

Pedro Callol • December 2017

The case concern a series of measures implemented by the Spanish authorities in relation to the switch-over from analogue broadcasting to digital broadcasting throughout Spain. The Spanish authorities divided the Spanish territory into three separate areas: “Area I”, “Area II” and “Area III”. Area (...)

18 Dec 2017 R

Clearance: The French Competition Authority accepts the new reference offer by a major actor of the television industry for the recovery of independent channels, which now plan a complementary minimal remuneration to the channels distributed in wholesale offer « by Canal » (Canalplus/TPS)

Alain Ronzano • N° 1-2018

On December 18, 2017, the French Competition Authority adopted Decision No. 17-DAG-01 pursuant to which it approved the reference offer communicated by Canal Plus Group in execution of Decision No. 17-DCC-92 reviewing the injunctions of Decision No. 12-DCC-100 relating to the acquisition of (...)

4 Dec 2017 B

The Moldovan Competition Authority fines a company for abuse of dominant position by imposing unjustified tariffs for used water reception service (Apă-Canal Chișinău)

Alexandr Svetlicinii • December 2017

On 1 February 2018 the Competition Council of the Republic of Moldova (CC) found that the municipal undertaking Apă-Canal Chișinău SA has abused its dominant position on the local market for water and sewage services by imposing unjustified tariffs for used water reception service and by (...)

31 Oct 2017 eB

Buyer Power in EU Competition Law Part IV. Exerting Buyer Power. Exclusion and Exploitation
Chapter 6. Exclusionary Buyer Power

Ignacio Herrera Anchustegui

PART IV EXERTING BUYER POWER. EXCLUSION AND EXPLOITATION I. Herrera Anchustegui — Buyer Power in EU Competition Law 2076 EXCLUSIONARY BUYER POWER I. Introduction to Part IV and buyer power exclusion This Part IV constitutes the core of this study as it deals with the conducts and theories of (...)

26 Jul 2017 R

Market test: The French Competition Authority accepts commitments made by a major sugar cooperative and make them binding (Tereos)

Alain Ronzano • N° 4-2017

With the help of a decision delivered on 26 July 2017In its decision of 22 June 2007, the Competition Authority accepted Tereos’ commitments and closes the procedure for interim measures and the proceedings on the merits initiated before it in 2016 following the complaint lodged by Saint-Louis (...)

29 Jun 2017 B

The Moldovan Competition Authority fines the state-owned utilities company for abuse of dominance on the water and sewage services market (Servicii Comunale Floreşti)

Alexandr Svetlicinii • June 2017

On 29 June 2017 the Competition Council of the Republic of Moldova (CC) fined the state-owned public utilities company for the abuse of dominance in the form of restricting the supply of water and sewage services to the customer that did not agree to install the water meter of certain brand as (...)

22 Jun 2017 R

Clearance: The French Competition Authority modifies the framework of measures previously imposed on tin the on two major actors of the television industry in the context of the acquisition of company offering subscription television packages via satellite (Vivendi/GCP/TPS)

Alain Ronzano • N° 3-2017

On June 22, 2017, the French Competition Authority (Autorité de la concurrence) published the main changes it had granted, five years later, with respect to the injunctions imposed in 2012 on Vivendi and Canal Plus Group (GCP) in connection with the acquisition of the pay-TV channel TPS, (...)

22 Jun 2017 R

Clearance: The French Competition Authority publishes two decisions modifying the framework of measures previously imposed on a major actor of the television industry in the context of the acquisition of company offering subscription television packages via satellite (Canalplus/TPS)

Alain Ronzano • N° 4-2017

On August 21, 2017, the French Competition Authority posted online the two decisions reviewing the injunctions imposed on Canal Plus Group with respect to its activities in the pay-TV markets (acquisition of exclusive control of TPS and CanalSatellite) and the commitments made by Canal Plus (...)

21 Dec 2016 R

Exclusive license: The Court of Justice of the European Union rules that the European Commission may carry out a joint assessment of the granting of two exclusive licenses to the same beneficiary, so as to determine if they conferred an advantage on it (Club Hotel Loutraki)

Bruno Stromsky • N° 1-2017 • pp. 163-165

With a view to the privatisation of OPAP, a public body responsible for football match forecasting and a traditional monopoly, the Greek authorities have decided to extend for 10 years the exclusive rights already granted to OPAP for the operation of 13 games of chance. This extension was (...)

20 Dec 2016 B

The EFTA Surveillance Authority closes investigation into alleged abuse of dominant position by ferry operator and municipality (Color Line / Sandefjord Municipality)

European Competition Network Brief • December 2016

ESA closes Color Line and Sandefjord investigation* On 20 December 2016, the EFTA Surveillance Authority (“ESA”) closed an investigation of the ferry company Color Line and the municipality of Sandefjord in Norway. The parties have ended practices alleged to be in breach of the EEA competition (...)

15 Dec 2016 R

Relevant Market : The General Court of the European Union puts an end to the story regarding joint application of articles 106 and 102 TFEU to Greek electricity sector (DEI)

Anne-Lise Sibony • N° 1-2017 • pp. 100-102

The judgment of 15 December 2016 definitively validates a decision by which the Commission had in 2008 (following a complaint dating back to 2003) condemned Greece for granting privileged treatment to DEI, a public undertaking which extracts most of the lignite (a form of coal) in Greece and (...)

9 Dec 2016 R

Legal restrictions : The French Supreme Administrative Court holds that the Law of 2 June 1891 conferring a monopoly for the management of brick-and-mortar bets on horseracing does not disregard the freedoms of movement (M. B.)

Emmanuel Guillaume, Pierre-Edouard Pivois • N° 2-2017 • pp.170-173

In the decision commented on, the Conseil d’État had before it an appeal brought by Mr B. challenging the monopoly enjoyed by the Pari mutuel urbain (PMU) on off-racetrack betting "en dur", that is to say, on bets placed at physical commitment points. This monopoly was conferred on it by Article (...)

6 Dec 2016 B

The Turkish Competition Authority publishes a reasoned decision on the pharmaceutical industry (Pharmacists Association)

Gönenç Gürkaynak • December 2016

Introduction The Competition Board recently published a reasoned decision (December 6 2016; 16-42/699-313) following its investigation into whether the Pharmacists’ Association (TEB) and the Pharmacists’ Association Commercial Enterprise (TEBII) had violated Article 6 of Law 4054 on the (...)

7 Nov 2016 R

Abrupt and abusive termination of commercial relations: The Paris Court of Appeal rejects a complaint for abusive termination and significant imbalance on that notice of the end of exclusivity had been given (Nadal/Agco)

Muriel Chagny • N° 1-2017

The rule relating to the abrupt termination of established commercial relations is still undergoing legal developments, confirming decision after decision the success in litigation of Article L. 442-6-I-5° of the Commercial Code, introduced into French law by the Act of 1 July 1996. In a stop (...)

14 Sep 2016 R

State resources: The General Court of the European Union confirms the Commission’s approach in the case of the alleged aid to the public ferry operator in Split harbour (Trajektna luka Split)

Alain Ronzano • Nº 4-2016

On 14 September 2016, the Court of First Instance of the European Union delivered a judgment in case T-57/15 (Trajektna luka Split d.d. v. European Commission). on State aid in Case T-57/15 (Trajektna luka Split d.d. v European Commission). By the present judgment, the Court of First Instance (...)

28 Jul 2016 R

Reform: The French Competition Authority approves of extending the exclusive right granted to the Mining and Geological Research Board but only for a period of 5 to 6 years

Alain Ronzano • Nº 4-2016

On July 28, 2016, the Competition Authority published online an opinion n° 16-A-08 of March 25, 2016 relating to a decree concerning the administrative and financial organisation of the Bureau de Recherches Géologiques et Minières. This opinion, issued at the request of the Minister for the (...)

7 Jul 2016 R

Preliminary ruling: The Court of Justice of the European Union rules that article 101(1) TFEU must be interpreted as not precluding the imposition on the licensee, under a licence agreement such as that at issue in the main proceedings, of a requirement to pay a royalty for the use of a patented technology for the entire period in which that agreement was in effect, in the event of the revocation or non-infringement of a licenced patent, provided that the licensee was able freely to terminate that agreement by giving reasonable notice (Genetech/Hoechst/Sanofi)

Alain Ronzano • Nº 4-2016

On 7 July 2016, the Court of Justice of the European Union gave judgment in Case C-567/14 (Genentech Inc. v Hoechst GmbH, formerly Hoechst AG, Sanofi-Aventis Deutschland GmbH) Reference for a preliminary ruling by the Cour d’appel de Paris by order of that court of 9 December 2014. This case (...)

13 Jun 2016 B

The OECD holds a roundtable on disruptive innovations in legal services

OECD • June 2016

Executive summary, by the Secretariat * 1. The Roundtable on Disruptive Innovations in Legal Services discussed the way that current legal professional regulations are being (i) challenged by new innovations and (ii) potentially standing in the way of further innovation. The Chairman, Alberto (...)

9 Jun 2016 B

The French Competition Authority refuses to lift the ban on exclusive broadcasting of premium sports channels pronounced against a pay TV channel (Canal Plus)

French Competition Authority • June 2016

The Autorité de la concurrence considers that the conditions are not currently satisfied to lift the ban on exclusive broadcasting of premium sports channels pronounced on Canal Plus. * The Autorité will engage, during the upcoming twelve months, in an in-depth work in dialogue with all the (...)

9 May 2016 C

Exclusivity and competition law: Does excellence excuse exclusion?

Emmanuel Durand, Patrick Hubert, Thierry Dahan

Dinner organized by Concurrences Review in partnership with Clifford Chance.

28 Apr 2016 B

The EFTA Surveillance Authority invites comments on commitments offered by Norwegian undertakings to address the authority’s competition concerns on the Sandefjord-Strömstad ferry route (Color Line / Sandefjord Municipality)

European Competition Network Brief • April 2016

EFTA Surveillance Authority invites comments on commitments offered on Sandefjord - Strömstad ferry route* Following the opening of antitrust proceedings by the EFTA Surveillance Authority in March 2015 against the ferry company Color Line AS and the Municipality of Sandefjord in Norway, the (...)

25 Mar 2016 R

Exclusif right: The French Competition Authority reminds the rules for the award of exclusive rights to economic operators (Bureau de Recherches Géologiques et Minières)

Jean-Philippe Kovar • Nº 4-2016 • pp. 206-207

The Bureau de Recherches Géologiques et Minières (BRGM) is a public industrial and commercial establishment in charge of a number of missions related to post-mining risk management. Since a decree of 4 April 2006 (decree n° 2006-402 of 4 April 2006 modifying decree n° 59-1205 of 23 October 1959 (...)

6 Mar 2016 B

Postal services and competition law: An overview of EU and national case law

Christos Malamataris, Lars Kjølbye • Postal services

I. Introduction Postal services play a key role in a well-functioning and dynamic EU Single Market and they are of crucial importance to businesses and EU citizens alike. In particular, the parcel sector is experiencing significant growth in terms of volume and plays an important role in the (...)

7 Jan 2016 B

Art. 267 TFEU preliminary rulings: An overview of EU and national case law

Barry J. Rodger • Preliminary ruling (Art. 267 TFEU)

1. Introduction 1.1 Background to the Preliminary Ruling Procedure Article 267 TFEU (ex Art 234 EC) facilitates a dialogue between the national courts and the CJEU (hereinafter referred to as ’the Court’) in order to allow national courts to seek guidance on the appropriate interpretation of EU (...)

1 Dec 2015 eB

Ian Forrester - A Scot Without Borders Liber Amicorum Vol. II ’[M]ust be interpreted in the light of economic considerations’: some reflections on the case law of the EFTA Court

Carl Baudenbacher

77 Ian S. Forrester | A Scot without Borders - Liber Amicorum - Volume II ‘[M]ust be interpreted in the light of economic considerations’: some re?ections on the case law of the EFTA Court CARL B AUDENBACHER I. Introduction In E-8/00 Norwegian Federation of Trade Unions and Others v Norwegian (...)

17 Nov 2015 B

The Indian Competition Authority opens investigation into abuse of dominance by syringe manufacturer and a group of hospitals (Vivek Sharma / Becton Dickinson India / Max Super Speciality Hospital)

Man Mohan Sharma • November 2015

CCI initiates investigation against Max Super Specialty Hospitals for alleged abuse of dominance* The CCI in its order dated November 17, 2015, has directed the Director General (DG) to conduct an investigation against Max Super Specialty Hospital (“Max”) and M/s Becton Dickinson India (P) Ltd. (...)

3 Nov 2015 B

The Düsseldorf Regional Court orders injunctive relief for infringement of standard-essential patents in the first German judgments after CJEU decision on FRAND (SISVEL / Haier)

Cordula Tellmann-Schumacher • November 2015

On 3 November 2015, the Düsseldorf Regional Court has issued judgments against Haier Deutschland GmbH und die Haier Europe Trading SRL, entities of Chinese Qingdao Haier Group. The Court ordered them to cease and desist from and render account on past infringements as well as determined Haier’s (...)

22 Oct 2015 R

Service of general economic interest: The Court of Justice of the European Union applies the Altmark case law to a payment service of public pensions (EasyPay)

Francesco Martucci • N° 2-2016 • pp. 203-204

In 2000, the Bulgarian government decided by decree to pay retirement pensions by postal transfer. It entrusted this task to Balgarski poshti, the only commercial company wholly owned by the State and entitled to provide the universal postal service, including postal transfers. Since 2009, (...)

29 Sep 2015 B

The Danish Supreme Court rules on State action defense and refusal to supply under Danish competition law (Copenhagen Airport Terminal A)

Christian Bergqvist, Laurits Schmidt Christensen • September 2015

Summary of the case After a lengthy process the Danish Supreme Court finally closed the curtain in September 2015 on a potential new, and competing, terminal in Copenhagen Airport, the main Danish airport hub. A group of investors had asked the airport to grant access (a lease) to a plot of (...)

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