Search results - Concurrences

11 Sep 2020 B

The Romanian Competition Authority assesses the taking over of glass packing solutions provider by glass packing manufacturer for the food and beverage industry (Vetropack Austria Holding / Glass Container)

Romanian Competition Authority • Preview

The Competition Council Assesses the Taking Over of Glass Container by Vetropack Austria Holding AG* The Competition Council assesses the transaction by which Vetropack Austria Holding AG intends to take over Glass Container Company S.A. and Glass Container Prim S.A., located in Republic of (...)

3 Sep 2020 B

The EU Court of Justice rules that the provision of Italian law preventing a media company from acquiring 28% of the capital in competitor as a measure of protecting pluralism of information is contrary to EU law (Vivendi / Mediaset)

European Court of Justice • September 2020

The provision of Italian law preventing Vivendi from acquiring 28% of the capital in Mediaset is contrary to EU law* That provision constitutes a prohibited impediment to the right of establishment as it is not appropriate for achieving the objective of protecting pluralism of information. (...)

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 (...)

26 Aug 2020 B

The Danish Competition Authority approves takeover of subsidiary and customer agreements as fulfillment of remedy required in merger of parent company in the natural gas market (OK / Ørsted Varmeservice)

Danish Competition Authority • September 2020

The Danish Competition Council has approved OK a.m.b.a.’s acquisition of natural gas customer agreements and Ørsted Varmeservice A/S* On 18 August 2020, the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of OK a.m.b.a.’s (hereinafter “OK”) (...)

25 Aug 2020 B

The Finnish Competition Authority opens in-depth investigation into the acquisition of agricultural business (Hankkija / SSO Rauta-Maatalous)

Finnish Competition Authority • September 2020

FCCA opens in-depth investigation into the acquisition between Hankkija and SSO Rauta-Maatalous* The Finnish Competition and Consumer Authority (FCCA) will further investigate the proposed acquisition of the agricultural business of SSO Rauta-Maatalous Oy by Hankkija Oy. Hankkija is company (...)

25 Aug 2020 B

The Romanian Competition Authority analyses a merger in the market for animal feed and related markets (Koninklijke DSM / Erber)

Romanian Competition Authority • September 2020

The Competition Council Analyses the Taking Over of Erber Aktiengesellschaft by Koninklijke DSM N.V.* The Competition Council analyses the transaction by which Koninklijke DSM N.V. and its subsidiary, DSM International Participations B.V., intends to take over Erber Aktiengesellschaft. (...)

4 Aug 2020 B

The Romanian Competition Authority opens investigation into the takeover of certain assets and shares between 2 competitors in the market for automotive components (Schlemmer Group / Delfingen Industry)

Romanian Competition Authority • September 2020

The Competition Council Analyses the Taking Over of Some Assets of Schlemmer Group by Delfingen Industry S.a* The Competition Council analyses the transaction by which Delfingen Industry S.A. intends to take over some assets and shares of Schlemmer Group. Delfingen Industry S.A., based in (...)

4 Aug 2020 B

The Japanese FTC clears managerial integration of 2 internet companies subject to conditions (Z Holdings / LINE)

Japanese Competition Authority • September 2020

The JFTC Reviewed the proposed managerial integration of Z Holdings Corporation and LINE Corporation* Receiving notifications regarding the proposed managerial integration between Z Holdings Corporation (JCN4010401039979) (hereinafter referred to as “ZHD”; a group of combined companies held by (...)

30 Jul 2020 B

The Portuguese Competition Authority issues a statement of objections to six waste management companies for non-competition agreement (Blueotter / EGEO)

Portuguese Competition Authority • July 2020

AdC issues Statement of Objections to six waste management companies for non-competition agreement* The AdC issued a Statement of Objections to six companies and six board members of the waste management groups Blueotter and EGEO with respect to a non-competition agreement, forbidden by (...)

15 Jul 2020 B

The EU General Court overturns the Commission’s biggest State aid recovery order worth over €13 billion in tax advantages (Apple)

Dimitrios Kyriazis • July 2020

Apple: One Case to Rule Them All* Some cases just have it all; the Apple case is one of them. First, size: at more than thirteen billion euros, the recovery order Ireland had to enforce dwarfed the previously biggest one (EDF, at around one billion euros). Second, international political (...)

13 Jul 2020 B

The French Competition Authority clears without conditions the acquisition of sole control in producer of metal parts for luxury companies by major luxury group (J3L / Hermès Group)

French Competition Authority • July 2020

The Autorité de la concurrence clears the acquisition of sole control of J3L by the Hermès group* The Hermès group notified the Autorité de la concurrence of its plan to acquire sole control of the J3L company. After examining the effects of the transaction, the Autorité has cleared it without (...)

6 Jul 2020 B

The German Competition Authority clears merger of online dating platforms within the merger of their holding companies (Parship / Elite Partner / Lovoo)

German Competition Authority • July 2020

Parship and Elite Partner can acquire Lovoo* The Bundeskartellamt has cleared the planned acquisition of The Meet Group Inc., USA, by the ProSiebenSat.1 group. Since 2016 the portfolio of the ProSieben Sat.1 group has included the online dating platforms Parship and Elite Partner. The Meet (...)

6 Jul 2020 B

The German Competition Authority clears an acquisition of dating platforms on the basis that online dating market is characterised by dynamic growth, market entries and competition (Parship / Elite Partner / Lovoo)

Marcio da Silva Lima • Preview

The ProSiebenSat.1 Group strengthens its Internet dating platform business with the acquisition of the US app developer Meet Group. Although the Federal Cartel Office (FCO) found, that the acquisition will lead to further concentration in the online dating sector, the FCO, however cleared the (...)

24 Jun 2020 B

The Danish Competition Authority approves an energy and fiber optic group’s acquisition of several companies from another energy group with services covering mostly separate geographic markets, subject to divestment of customers in a highly overlapping market (SEAS-NVE / Ørsted)

Danish Competition Authority • June 2020

The Danish Competition Council has approved SEAS-NVE A/S’ acquisition of several companies from Ørsted A/S subject to commitments* On 28 May 2020, the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of SEAS-NVE A/S’ (hereinafter “SEAS-NVE”) (...)

10 Jun 2020 B

The OECD holds a roundtable on conglomerate effects of mergers

OECD • June 2020

Conglomerate effects arise when a merger has an effect on competition, but the merging firms’ products are not in the same product market, nor are they inputs or outputs of one another. Mergers exhibiting conglomerate effects have taken on a new prominence in the digital era, as the largest (...)

9 Jun 2020 B

The EU Commission refers to the French Competition Authority a takeover case of 567 French-owned hard discount stores by one of Europe’s main hard discount groups as per request of the acquisition parties (Leader Price / Aldi)

French Competition Authority • June 2020

The European Commission refers to the Autorité de la concurrence the takeover transaction of 567 Leader Price stores by Aldi* A few months after Aldi announced the takeover of Leader Price stores, the parties concluded, in March, a promise to purchase for 567 Leader Price stores and 3 (...)

3 Apr 2020 B

The Danish Competition Authority requests a referral to the EU Commission for a proposed acquisition between two financial services companies on the basis that the merger might affect markets in other member states (Mastercard / Nets)

Morten Nissen, Frederik Haugsted • April 2020

The Danish Competition and Consumer Authority ("DCCA") has for the first time ever requested a referral of a merger to the European Commission under Article 22(1) of the EU Merger Regulation. The referral concerns the proposed acquisition by Mastercard/Europay U.K Limited of certain parts of (...)

1 Apr 2020 B

The US FTC sues to unwind a cigarette company’s $12.8 billion investment in its competitor in the market for closed-system e-cigarettes (Altria Group / JUUL Labs)

US Federal Trade Commission • April 2020

FTC Sues to Unwind Altria’s $12.8 Billion Investment in Competitor JUUL* Today, the Federal Trade Commission filed an administrative complaint alleging that Altria Group, Inc. and JUUL Labs, Inc. entered a series of agreements, including Altria’s acquisition of a 35% stake in JUUL, that (...)

11 Feb 2020 B

The US FTC starts examining acquisitions by 5 Big Tech companies from the 2010-2019 period that were not reported to the antitrust agencies under the Hart-Scott-Rodino Act (Alphabet / Amazon / Apple / Facebook / Microsoft - 6(b) Platform Study)

US Federal Trade Commission • February 2020

FTC to Examine Past Acquisitions by Large Technology Companies* Agency Issues 6(b) Orders to Alphabet Inc., Amazon.com, Inc., Apple Inc., Facebook, Inc., Google Inc., and Microsoft Corp. The Federal Trade Commission issued Special Orders to five large technology firms, requiring them to (...)

16 Oct 2019 R

Sudden break: The French Supreme Court considers that a group of companies cannot be party to an established commercial relationship (Sabet Persepolis / Galeries Lafayette)

Frédéric Buy • N° 1-2020 • pp. 109-110

How does the law on abrupt breakups deal with corporate groups? The ruling handed down by the Court of Cassation on 16 October 2019 (CCC 2019, no. 199, obs. N. Mathey) provides an opportunity to take stock of a question that is certainly classic, but always delicate (see not. F. Buy, L’article (...)

1 Sep 2019 R

The DOJ’s guidance on evaluation of corporate compliance programs

Stephen T. Cheng • N° 3-2019

On April 30, 2019, the US Department of Justice released a new guidance on the evaluation of corporate compliance programs. The guidance is centered around three key questions: (1) Is the Compliance Program well designed?; (2) Is the Compliance Program effectively implemented?; and (3) Does the (...)

24 Jun 2019 B

The Swiss Federal Supreme Court affirms a major ticket sale company’s sole legitimacy to submit a complaint against the Competition Commission’s prohibition of the merger between its wholly owned subsidiary and another company (Ticketcorner Holding / Tamedia)

Marcel Meinhardt • June 2019

In its decision of June 24, 2019, the Federal Supreme Court affirms Ticketcorner Holding AG’s sole legitimacy to lodge a complaint against ComCo’s prohibition of the merger between its wholly-owned subsidiary Ticketcorner AG and Starticket AG. The Federal Supreme Court thereby clarifies that (...)

20 Jun 2019 B

The Indian Competition Authority clears a minority shareholdings acquisition in the financial industry after the submission of the merger notification (Kedaara / Ajax)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora • June 2019

The CCI cleared the acquisition by Kedaara Capital Fund (Kedaara), a private equity fund, of an approximately 7.98% stake in Ajax Engineering (Ajax), a manufacturer of concreting equipment. [1] Since there were no horizontal overlaps or vertical relationships, the CCI concluded that the (...)

31 May 2019 C

The Global Antitrust Economics Conference

Luis Cabral, Lawrence J. White, Noah Joshua Phillips, Roger Noll, Andrew Zimbalist, Brad Humphreys, Rodney Fort, Michael D. Hausfeld, James A. Keyte, Gail Levine, Timothy J. Brennan, Gregory Rosston, Dennis W. Carlton, John D. Harkrider, Cristina Caffarra, Katja Seim, Paul Csiszar, David Gilo, George A. Rozanski, Ingrid Vandenborre, Jack E. Pace, Robert Willig, Samantha Knox, Martin d’Halluin, David A. Higbee, Boris Bershteyn, Harry First, Hal Varian

Annual Concurrences conference at NYU Stern School of Business with the support of Axinn, Bates White, CRA, Hausfeld, Qualcomm, Shearman & Sterling, Skadden, White & Case (Panel Sponsors) and MLex (Media Sponsor).

27 May 2019 B

The Spanish Supreme Court issues judgement on the principle of individual nature of fines by assessing a €42 million fine to the parent company of an energy group (Repsol)

Pedro Callol • May 2019

In 2015, the NMCC imposed two fines on Repsol S.A. (Repsol), the parent company of the energy group, amounting to €20 and €22.5 million for coordinating prices through exchanges of information with competitors and for fixing of fuel prices at service stations, respectively. Repsol appealed the (...)

15 May 2019 B

The Polish Competition Authority clears merger subject to the resulting corporate group’s accepting to sell two fuel stations (BP Europa / Arge Paliwa / Arge Nieruchomości)

Polish Competition Authority • May 2019

Conditional approval for concentration: BP - Arge* The Office of Competition and Consumer Protection (UOKiK) issued an approval for acquisition, by BP Europa, of control over Arge Paliwa and Arge Nieruchomości. The Transaction may become effective under the condition that the acquiring company (...)

7 May 2019 R

Sudden termination: The French Supreme Court decides that the commercial relationship must be understood as the contractual links existing between the companies, without taking into account the notion of parent and subsidiary companies (Rotosiam Batfim / Carrefour)

Jean-Louis Fourgoux • N° 3-2019 • p. 108

This case is quite revealing of the difficulty of including in the termination of commercial relations the notion of industrial relations within a group. In the first years of application of the text, the case law was fairly flexible with the victims and accepted that they could include in the (...)

1 May 2019 R

Joseph STIGLITZ (Columbia University): Competition policy, the need for a more nuanced view

Joseph E. Stiglitz, Eleanor M. Fox • N° 2-2019 • pp. 16-17

Interview conducted by Eleanor Fox, Walter J. Derenberg Professor of Trade Regulation, NYU Law, New York. Professor Stiglitz, you have given a great deal of thought to competition policies in developing countries and you have been very important in helping many of them frame their policy (...)

12 Apr 2019 R

Admissibility: The General Court of the European Union rules that the appeal of a German airline is inadmissible due to the applicant’s lack of individual concern (Lufthansa)

Alain Ronzano • N° 3-2019

On 12 April 2019, the Court of First Instance of the European Union delivered a judgment in Case T-492/15 (Deutsche Lufthansa v Commission). Following the action brought by the German airline seeking annulment of the Commission’s decision of 1 October 2014In its decision, the Commission found (...)

14 Feb 2019 B

The EU General Court annuls the Commission decision which classified Belgium’s "excess profit" tax scheme as State aid (Magnetrol International)

Markus Wellinger • February 2019

On 14 February 2019, the General Court (“GC”) issued a judgment annulling the decision of the European Commission (the “Commission”) concerning the Belgian “excess profit” tax rulings (Joined Cases T-131/16 and T-263/16, Belgium and Magnetrol International v. Commission). Under Belgian law, Belgian (...)

14 Feb 2019 B

The EU General Court annuls the Commission’s State aid decision regarding excess Belgium profits tax ruling system (Magnetrol International)

Mathieu Vancaillie, Koen Platteau • February 2019

In a Decision of 11 January 2016, the European Commission declared the Belgian excess profit scheme, pursuant to which Belgium granted advance tax rulings authorising Belgian entities which were part of multinational groups to exempt part of their profits from corporate income taxation, (...)

14 Feb 2019 B

The EU General Court overturns the Commission’s finding that Belgium granted unlawful State aid through advance tax rulings (Magnetrol International)

Phedon Nicolaides • February 2019

* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

1 Feb 2019 R

Winston KIANG (Intel): Competition perspectives from Asia

Winston Kiang, Philip Monaghan • N° 1-2019

Winston Kiang, Greater Asia Regional Competition Counsel at Intel, discusses the unique competition challenges facing business in Asia. In particular, he highlights difficult issues related to attorney-client privilege, dawn raids, and due process. He also offers insight into how lawyers can (...)

15 Jan 2019 B

The Indian Competition Authority re-imposes fines on a professional association for limiting supply with its certification requirements in the pharmaceutical industry (Vedanta Bio Sciences Vadodara / Chemists and Druggists Association of Baroda)

Man Mohan Sharma • January 2019

CCI Imposes Penalty on Chemists and Druggists Association of Baroda* CCI, by way of order dated 15.01.2019 has found the Chemists and Druggists Association of Baroda (‘CDAB’) to be in contravention of the Act by indulging in the activity of limiting and controlling the supply of drugs and (...)

10 Jan 2019 B

The EU Commission opens an in-depth investigation into the tax treatment of an American multinational company in the Netherlands (Nike)

European Commission • January 2019

State aid: Commission opens in-depth investigation into tax treatment of Nike in the Netherlands* The European Commission has opened an in-depth investigation to examine whether tax rulings granted by the Netherlands to Nike may have given the company an unfair advantage over its competitors, (...)

13 Dec 2018 R

Refusal of access: The General Court of the European Union partially annuls the decision of the European Commission relating to anticompetitive practices on the Slovakian telecommunications market (Deutsche Telekom ; Slovak Telekom)

Laurent Binet • N° 1-2019 • p. 88

The General Court of the European Union (’the General Court’), by two judgments delivered on 13 December 2018, partially annulled Decision C(2014) 7465 of the European Commission (’the Commission’) of 15 October 2014 which had jointly fined Slovak Telekom, the incumbent telecommunications operator (...)

8 Nov 2018 B

The Indian Competition Authority does not find "product information service" charges anticompetitive in the pharmaceutical industry because they are not mandatory (RDCA Retail / Dispensing Chemists Association)

Man Mohan Sharma • November 2018

CCI exonerates RDCA of anti-competitive conduct in pharmaceutical market- disagrees with findings of the DG* The CCI, by way of an order dated November 8, 2018 exonerated Retail and Dispensing Chemists Association, located in Mumbai (“RDCA”) on allegations of limiting and controlling free supply (...)

6 Nov 2018 B

The Indian Competition Authority dismisses abuse of dominance allegations in the market for online marketplace platforms because it finds no dominance in the relevant market (All India Online Vendors Association / Flipkart India)

Man Mohan Sharma • November 2018

CCI defines online sale platform as a separate relevant market -holds neither Flipkart nor Amazon as dominant in the market for online marketplace platforms* CCI, by way of order dated 06.11.2018 has dismissed allegations against Flipkart India Private Limited (“Flipkart India”) and Flipkart (...)

1 Nov 2018 R

Selectivity in State Aid Law and the Methods for the Allocation of the Corporate Tax Base, Jérôme MONSENEGO

Nizar Lajnef • N° 4-2018 • pp. 246-247

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 (...)

8 Oct 2018 R

Exclusive import agreements: The French Competition Authority fines a wholesaler-importer and its parent company operating in Wallis-et-Futuna for continuing to implement exclusive import agreements, after the Lurel Act came into force (Exclusive distribution of consumer goods)

Ludovic Bernardeau • N° 1-2019 • pp. 79-80

It is now - more or less - well known that the law of 20 November 2012, relating to overseas economic regulation, known as the "Lurel" law, prohibited, as of 22 March 2013, exclusive imports that are not justified in the overseas collectivities (V. C. com. art. L. 420-2-1). Such agreements are (...)

21 Sep 2018 R

Manager of branches of a company: The Paris Court of Appeal specifies the consequences arising from the status given to an agent managing branches of a company (RTC / SFR)

Anne-Cécile Martin • N° 1-2019 • p. 105

A telephone subscription distribution company, represented by its manager, had entered into a distribution agreement with a telephone company. The contract had not been renewed at the end of its term. The manager of the distribution company had claimed and obtained the application, in his (...)

19 Sep 2018 R

Selective nature of an aid: Advocate General Saugmandsgaard Øe urges the Court to choose the traditional method of analysis to judge the selective nature of an exemption (A-Brauerei)

Alain Ronzano • N° 4-2018

On 19 September 2018, Advocate General Saugmandsgaard Øe delivered his Opinion in Case C-374/17 (Finanzamt B v A Brauerei).The case is being referred to the Court following a reference for a preliminary ruling from the German Federal Finance Court. That application is made in the context of a (...)

19 Sep 2018 B

The EU Commission finds that the non-taxation of certain profits of a fast-food company in Luxembourg is in line with the EU State aid rules (McDonald’s)

European Commission • September 2018

State aid: Commission investigation did not find that Luxembourg gave selective tax treatment to McDonald’s* The Commission has found that the non-taxation of certain McDonald’s profits in Luxembourg did not lead to illegal State aid, as it is in line with national tax laws and the (...)

19 Sep 2018 B

The EU Commission holds that Luxembourg did not grant illegal State aid to a fast-food company as a consequence of the exemption of income attributed to a US branch (McDonald’s)

Jérôme Monsenego • September 2018

Fiscal State Aid and Tax Treaty Law: the puzzling decision in the McDonald’s Case* On 17 December 2018 the European Commission issued the public version of its decision in the McDonald’s case (SA.38945). The Commission found, contrary to its initial conclusion in the opening decision, that (...)

18 Sep 2018 B

The Indian Competition Authority fines manufacturer associations for bid rigging in public procurement program for ethanol, ignoring market economics (ISMA Indian Sugar Mills Association / EMAI Ethanol Manufactures Association of India)

Man Mohan Sharma • September 2018

CCI imposes penalty on Sugar mill manufacturers and Trade Associations (ISMA and EMAI) for collusive bidding in Government tender under the Ethanol Blending Programme* The Competition Commission of India (CCI/Commission) vide order dated September 18, 2018 has imposed heavy monetary penalties (...)

6 Sep 2018 B

The Hellenic Competition Commission clears merger between two companies in the energy sector after concluding that the transaction does not raise competition concerns (Motor Oil / NRG Trading House)

Hellenic Competition Authority • September 2018

Clearance of the proposed acquisition by «Motor Oil (Hellas) Corinth Refineries S.A.» (MOH) of sole control over «NRG Trading House S.A.»* By virtue of a unanimous Decision, the Chamber of the Hellenic Competition Commission approved, under Greek merger control rules, the proposed acquisition by (...)

31 Aug 2018 R

Exclusive control: The European Commission authorises a multi-national conglomerate operating in the telecommunications sector to takeover the exclusive control of a joint venture it previously had joint control on, subject to assume full responsibility for complying with the commitments submitted when the European Commission authorised the creation of the joint venture (Hutchison / Wind Tre)

Jean-François Bellis, Valerie Lefever • N° 1-2019 • p. 121

On 31 August 2018, the European Commission authorised Hutchison to acquire sole control of Wind Tre, previously jointly controlled by Hutchison and VEON, on condition that Hutchison would resume compliance with the commitments that were a condition for the authorisation of the joint venture in (...)

25 Jul 2018 R

Selectivity of an aid : The Court of Justice of the European Union considers necessary to appreciate the selectivity of an aid at the level of the Economic Interest Grouping and not only at the level of members (Lico Leasing)

Alain Ronzano • N° 3-2018

On 25 July 2018, the European Court of Justice delivered its judgment in Case C-128/16 (European Commission v. Spain and others).. It will be recalled that, by judgments of 17 December 2015 in Joined Cases T-515/13 (Spain v Commission) and T-719/13 (Lico Leasing, SA and Pequeños y Medianos (...)

12 Jul 2018 B

The Indian Competition Authority fines state chemists’ association and 3 pharma companies for anticompetitive practice of "No Objection Certificates" prior to appointment of stockists (Alis Medical Agency / Federation of Gujarat State Chemists & Druggists Associations)

Man Mohan Sharma • July 2018

CCI imposes penalties on the Chemists’ Associations in State of Gujarat and three pharma companies for indulging in practice of “No Objection Certificate” before appointment of stockists* The Competition Commission of India (“CCI”) by way of an order dated 12 July 2018 has imposed penalty on the (...)

10 Jul 2018 R

Leniency profit: The French Supreme Court confirms that the leniency to a daughter company does not benefit to the former mother if it did not ask for leniency (GEA Group)

Alain Ronzano • N° 3-2018

On 10 July 2018, the Commercial Chamber of the Court of Cassation handed down an interesting decision in which it ruled that the leniency application had been rejected.It confirms the principle adopted by the Competition Authority with the blessing of the Paris Court of Appeal that the leniency (...)

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