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30 May 2019
The Spanish Competition Authority fines a company for abuse of dominant position in the management and exploitation of intellectual property rights of authors and publishers of musical and audiovisual works (SGAE)
Pedro Callol • May 2019

The NMCC has fined the Spanish Society of Authors, Composers and Publishers (SGAE) €2.95 million for abusing its dominant position in the management and exploitation of intellectual property rights of authors and publishers of musical and audiovisual works (Articles 2 SCA and 102 TFEU). The (...)
1 Sep 2018
To hire or not to hire: U.S. cartel enforcement targeting employment practices
Dina Hoffer, Elizabeth Prewitt • N° 3-2018 • pp. 78-85

In October 2016, the Antitrust Division of the Department of Justice announced its intention to thereafter—and for the first time—criminally prosecute “naked” no-poach and wage-fixing agreements. Fundamental fairness questions arise when the Justice Department expands the reach of its criminal (...)
1^er mars 2018
Ventes liées : La Commission européenne autorise un projet de concentration dans le secteur des verres de lunetterie et constate l’absence de pouvoir de marché (Essilor / Luxottica)
Alain Ronzano • N° 3-2018

Le 9 août 2018, la Commission européenne a rendu publique sa décision du 1er mars 2018 autorisant le projet de concentration entre Essilor, le premier fournisseur mondial et européen de verres de lunetterie, et Luxottica, le premier fournisseur mondial et européen d’articles de lunetterie (Ray-Ban et (...)
14 déc. 2016
Accès au marché : L’Autorité de la concurrence adresse plusieurs recommandations en vue de remédier aux problèmes de concurrence dans le secteur des audioprothèses
Jean-Philippe Kovar • N° 2-2017 • pp. 197-198

Cet avis de l’Autorité de la concurrence, qui fait suite à une saisine d’office, identifie une série d’obstacles au développement de la concurrence dans le secteur des audioprothèses. L’Autorité insiste sur l’importance économique de ce secteur d’activité qui représente un marché d’un milliard d’euros et (...)
27 Nov 2015
The EU Commission publishes frequently asked questions about the new Guidelines on joint selling of olive oil, beef and veal and arable crops
European Commission • November 2015

Antitrust: new Commission Guidelines on joint selling of olive oil, beef and veal, and arable crops - frequently asked questions* Antitrust: new Commission Guidelines on joint selling of olive oil, beef and veal, and arable crops - frequently asked questions 1. What is the purpose of the new (...)
4 Jun 2014
The US DoJ opens a review of the consent decrees and expects comments on the competitive concerns that arise from the joint licensing in the music industry (ASCAP / BMI)
Bruce A. Colbath • June 2014

Department of Justice Opens Review of ASCAP and BMI Consent Decrees* The Antitrust Division of the Department of Justice announced in June 2014 that it has opened a review of the 73-year-old ASCAP and BMI Consent Decrees. In its press release, the DOJ noted that it is most interested in (...)
15 May 2014
The Australian Competition and Consumer Authority issues a draft determination proposing to allow royalty managers for plant breeders to collectively negotiate with the grain buyers (Seedvise)
Australian Competition Authority • May 2014

ACCC proposes to authorise plant breeders’ collective bargaining arrangements* The Australian Competition and Consumer Commission has issued a draft determination proposing to allow royalty managers for plant breeders to collectively negotiate with the grain buyers they engage to collect (...)
16 Apr 2014
The French Competition Authority receives commitments from a coffee machines maker to remove barriers to entry on the coffee capsules market (Nespresso)
French Competition Authority • April 2014

Press release published on the official website of the French Competition Authority. Nespresso is submitting commitments before the Autorité de la concurrence to lift barriers to entry for other coffee capsule makers - compatible with Nespresso coffee machines - as well as barriers to their (...)
26 Feb 2014
The Danish Competition Authority accepts new commitments in relation to a joint sales agreement between football clubs in the best Danish league (The Association of Danish League Clubs)
Jacob Borum, Uffe Hebbelstrup Larsen • February 2014

On 26 February 2014 the Danish Competition Council (“DCC”) accepted revised commitments offered by the Association of Danish League Clubs (“ADLC”) regarding the joint sale of media rights to the premier Danish football leagues. The new commitments allow for a longer rights period (6 years), but (...)
26 Feb 2014
The Danish Competition Authority accepts new commitments regarding football clubs’ joint sale of media rights for national league football (Superliga)
Danish Competition Authority • February 2014

Danish Competition Council Accepts New Commitments regarding Danish Football Clubs’ Joint Sale of Media Rights* On 26 February 2014 the Danish Competition Council accepted new commitments offered by the Association of Danish League Clubs regarding the clubs’ joint sale of media rights to Danish (...)
10 Sep 2013
The Netherlands ACM clears a planned collaboration between two Dutch publishing companies (Lannoo Meulenhoff / WPG Uitgevers)
Dutch Competition Authority • September 2013

Two Dutch publishing firms are allowed to rent out ebooks together* The Netherlands Authority for Consumer and Markets (ACM) has cleared the planned collaboration between two Dutch publishing companies, Lannoo Meulenhoff and WPG Uitgevers, to offer ebooks rentals to consumers together. The (...)
6 Sep 2012
The ECJ Advocate General Kokott hands down her opinion on the duty of the national authorities to respect the de minimis notice, while applying Art. 101 TFEU (Expedia)
Emanuela Matei • September 2012

I. Essential factual and legal aspects of the Expedia Inc Case The reference for a preliminary ruling has been initiated by a dispute between Expedia, an on-line travel agency, and the French Competition Authority, henceforth called FCA, concerning a selling joint-venture agreement between (...)
6 Sep 2012
The EUCJ Advocate General Kokott asserts that agreements with an anti-competitive object cannot be deemed as de minimis infringements (Expedia)
Christopher Brown • September 2012

The concept of ‘appreciable restriction of competition’ in ‘object’ cases under Article 101(1) TFEU – AG Kokott in Expedia* On 6 September 2012 AG Kokott issued her Opinion in Case C-226/11 Expedia Inc. The case results from a preliminary reference made by the French Cour de cassation in (...)
10 Aug 2012
The Romanian Competition Authority addresses new developments on the joint selling of commercial rights for football broadcasting (Romanian Football Federation)
Ioana Tirca, Iustinian Captariu • August 2012

Original case In 2011, an investigation launched on the national market of media rights over football competitions brought the first case in which the investigated parties proposed commitments based on the new guidelines on commitments adopted by the Romanian Competition Council (“RCC”) in the (...)
13 Feb 2012
Sports and competition law: An overview of EU and national case law
Jessica Walch-Barton, Ken Daly • Sport

1. Introduction This invaluable e-Competitions special issue on sports brings together more than 60 case summaries arising from the different EU Member States over the last five years. Practitioners and others with an interest in the interface between sports and competition law are only too (...)
12 Jan 2012
The German Competition Authority accepts commitments offered by two sports leagues concerning the joint award of media rights (League Association / German Football League)
European Competition Network Brief • January 2012

Germany: Green Light for current Marketing Model of Football League Media Rights * On 17 April 2012, the award procedure for the media rights of the 1st and 2nd German football leagues has been concluded. On 12 January 2012, the Bundeskartellamt (BKartA) accepted the commitments offered by (...)
9 Jun 2011
A US Court of Appeals affirms the dismissal of a consumer class action challenging the television programming industry’s practice of exclusively offering multi-channel cable packages (Brantley / NBC Universal)
Helen Cho Eckert • June 2011

Ninth Circuit Rejects Consumer Antitrust Challenge To Cable Television Bundling* The Ninth Circuit recently affirmed the dismissal of a consumer class action challenging the television programming industry’s practice of exclusively offering multi-channel cable packages. Brantley v. NBC (...)
19 Apr 2011
The Romanian Competition Authority accepts commitments from the national football federation in relation to the joint selling of media rights (Federația Română de Fotbal / Liga Profesionistă de Fotbal din România)
Alexandr Svetlicinii • April 2011

On 19 April 2011 the Romanian Competition Authority (CC) accepted the commitments proposed by the Romanian Football Federation (FRF) and, one of its members, the Romanian Professional Football League (LPF) in relation to the joint selling of the media rights and thus closed its investigation (...)
5 Jan 2011
The Romanian Competition Authority adopts guidelines on its commitments procedure and launches a market test of commitments regarding the joint selling of commercial rights for football broadcasting (Romanian Football Federation / Professional Football League)
European Competition Network Brief • January 2011

Romania: The Competition Council adopts Guidelines on Commitments Procedure and launches Market Test on Commitments on the Joint Selling of Commercial Rights for Football Broadcasting* On 5 January 2011, guidelines on commitments procedure were published in the Official Gazette no. 11. The (...)
14 juin 2010
Télécommunications - Utilisation croisée de bases de clientèle : L’Autorité de la concurrence rend un avis sur l’utilisation croisée de bases de clientèle et la mise sur le marché d’offres de convergence
Jean-Paul Tran Thiet, Orion Berg • N° 3-2010 • pp. 164-166

Aut. conc., avis n° 10-A-13 du 14 juin 2010 relatif à l’utilisation croisée des bases de clientèle Cet avis résulte d’une jonction entre la saisine pour avis du 4 juillet 2008 du ministre de l’Économie et l’auto-saisine de l’Autorité du 14 décembre 2009. À l’instar d’autres avis rendus récemment en (...)
8 Jun 2010
The Danish Competition Appeals Tribunal upholds the Competition Authority’s decision prohibiting a TV Broadcaster’s business terms regarding the distribution of two TV channels (Viasat)
European Competition Network Brief • June 2010

Denmark: The Danish Competition Appeals Tribunal upholds the Danish Competition Council’s decision prohibiting Viasat’s Business Terms regarding the Distribution of TV 3 and TV 3+ On 8 June 2010, the Danish Competition Appeals Tribunal (CAT) upheld the Danish Competition Council’s (DCC) decision (...)
24 May 2010
The US Supreme Court finds that a football league and its members should not be treated as a single entity (American Needle / National Football League)
Anna A. Chehtova • May 2010

American professional sports associations such as the National Basketball Association (NBA), the National Football League (NFL), the National Hockey League (NHL), and the Major League Baseball (MLB) generate significant economic activity. In 2010, their combined revenue exceeded $21 billion and (...)
18 Dec 2009
The Macedonian Competition Authority finds anticompetitive practices on the market for radio advertising (Ros Metropolis Radio)
Alexandr Svetlicinii • December 2009

On 18 December 2009 the Macedonian Competition Authority (KZK) concluded its investigation on the market for radio advertising on the territory of Skopje municipality and concluded that three radio stations - Ros Metropolis Radio, City Radio and Club FM concluded an anticompetitive agreement by (...)
30 Sep 2009
The Danish Competition Authority prohibits a TV broadcaster and satellite distributor’s business terms regarding distribution of two TV-channels (Viasat)
European Competition Network Brief • September 2009

Denmark: Authority prohibits Viasat’s Business Terms Regarding Distribution of TV 3 and TV 3 The Danish Competition Council (DCC) adopted on 30 September 2009 a decision finding that Viasat’s business terms, regarding distribution of the TV-channels TV 3 and TV 3+ in cable networks infringe (...)
16 Sep 2009
The Higher Regional Court of Düsseldorf rejects complaint of sport associations (German Football League / Association of Leagues)
Richard Burton • September 2009

In a recently published decision of 16 September 2009, the Higher Regional Court of Düsseldorf rejected a legal action brought by the German Football League (“DFL”) and the Association of Leagues against the German Federal Cartel Office (“FCO”). In April 2008, the DFL had presented to the FCO a (...)
28 Jul 2009
The UK Court of Appeal upholds a judgment that a co-operative JV between certain racecourse owners for the supply of images, sound and data to licensed betting offices in respect of horse races held at their racecourses does not infringe Art. 81 EC (Bookmakers’ Afternoon Greyhound Services / Amalgamated Racing)
Anthony Dawes • July 2009

The Court of Appeal of England & Wales has upheld a High Court judgment that a co-operative joint venture between certain racecourse owners for the supply of images, sound and data to licensed betting offices in the United Kingdom in respect of horse races held at their racecourses is not (...)
8 Aug 2008
The UK High Court clears joint and exclusive selling of racecourse TV rights (Bookmakers Afternoon Greyhound Services / Amalgamated Racing)
Nathalie Lobel-Lastmann • August 2008

In one of the most significant private action cases dealt with in a UK civil court in the past few years, the High Court has handed down its judgment in a dispute opposing half of UK racecourses and the main bookmakers. Justice Morgan dismissed betting shops’ claim, finding that the collective (...)
17 Jul 2008
The German Federal Cartel Office requires additional commitments to allow joint selling of football rights
Richard Burton • July 2008

According to press releases of 17 and 24 July 2008, the German Federal Cartel Office (FCO) has informed the German Football League (DFL) that the marketing model it has recently proposed concerning the joint selling of individual league members’ TV broadcasting rights to Bundesliga football (...)
5 Jul 2008
The Spanish Competition Authority issues recommendations for guaranteeing effective competition in the acquisition of football broadcasting rights (Sogecable/AVS)
Patricia Lorenzo • July 2008

On the decision C 102/06 - Sogecable / AVS related to the acquisition of AVS by Sogecable, the former Spanish Competition Tribunal stated the need to investigate the market for the acquisition and exploitation of football broadcasting rights in Spain, with the objective to determine if the (...)
1 Jul 2007
The Spanish Competition Authorities investigate football broadcasting rights (Sogecable/Vía Digital - AVS I, II & III)
Jorge Manzarbeitia, Pedro Callol • July 2007

Football is an important matter in Spain. Such importance is currently being illustrated by the mediatic and legal warfare between two media groups, Sogecable and Mediapro, which are fighting over the football league’s broadcasting rights. Each weekend, since the professional league season (...)
28 Jun 2006
The Brussels Court of Appeal upholds the NCA decision holding that the exclusive joint selling of football television rights is not infringing Art. 81.1 EC (Jupiler League / Belgacom Skynet)
Dieter Gillis, Sven Van Damme • June 2006

Relevant facts On 9 May 2005, the LBV, a joint selling body with the exclusive right to sell TV broadcasting rights of the Jupiler League on behalf of the participating football clubs, had awarded all the packages of rights to Belgacom Skynet. Telenet, Belgacom’s competitor on the Belgian (...)
1 May 2006
The Swiss Competition Appeals Commission annuls the Competition Authority’s decision having cleared a joint venture between 7 electricity companies conditionaly to free and non-discriminatory access to the network and prohibition of joint selling or producing (Swissgrid)
Cora-Marie Pinter • May 2006

The operation On 7 March 2005, the Swiss Competition Commission (WEKO) cleared a joint venture between seven electricity companies for the transmission of electricity (Swissgrid AG). The seven companies are Aare-Tessin AG, BKW FMB Energie AG, Centralschweizerische Kraftwerke, (...)
21 Dec 2005
The Dutch Competition Authority considers cooperation and joint selling of network services for PIN-transactions to be an infringement of the cartel prohibition (Interpay)
Marieke Bredenoord-Spoek • December 2005

Introduction Interpay is a joint venture between 8 Dutch banks ("the shareholders"), founded in 1994 to provide network services for PIN-transactions. PIN-transactions are payments with debit cards with PIN through pay machines at retailers. The network services consist of the authorization of (...)
2 Aug 2005
The British Office of Fair Trading loses race to prohibit collective selling (The Racecourse Association & The British Horseracing Board)
Alex Potter, Helen Gornall • August 2005

Background In a recent case heard before the UK’s Competition Appeals Tribunal (the “CAT”), appeals were allowed to set aside an Office of Fair Trade (“OFT”) infringement decision of the Chapter I prohibition (the UK equivalent to Article 81(1) EC Treaty). The decision in The Racecourse Association (...)
29 Jul 2005
The Belgian Competition Council concludes that the joint selling of media rights is in line with the decision practice of the EC Commission and is not infringing Art. 81(1) EC (Jupiler League - Belgacom Skynet)
Dieter Gillis, Peggy Valcke • July 2005

On 29 July 2005 the Belgian Competition Council approved the award of TV broadcasting rights by the Liga Beroepsvoetbal (“LBV”) to Belgacom Skynet, since there was no infringement of Art. 81 EC. The Council has found that the broadcasting rights of matches of the Belgian first (and second) (...)
10 Jun 2005
A German Court finds that a horizontal cooperation agreement between small and medium-sized undertakings does not affect trade between Member States under Art. 81 EC as the agreement has no “appreciable” impact on interstate trade (Filigranbetondecken)
Joerg Meinzenbach • June 2005

I. Background Two small and medium-sized producers of filigree concrete ceilings and other pre-fabricated concrete parts intended to enter into a cartel agreement regarding a cooperation in respect of their sales and distribution activities, including a joint data information system, common (...)
18 Mar 2005
The French Competition Council rejects a complaint on alleged bundling and predatory practices in the Pay-TV sector (TPS / Canal Plus)
Aymeric Dumas-Eymard, Jean-Michel Coumes • March 2005

French Competition Council (Conseil de la Concurrence, 18 March 2005, Decision n° 05-D-13, regarding Canal Plus’ practices in Pay-TV Sector (“relative aux pratiques mises en œuvre par le groupe Canal Plus dans le secteur de la télévision à péage”) On June 5th, 1998, TPS filed a complaint with the (...)
19 Jan 2005
The EU Commission adopts its first commitment decision pursuant to Article 9 of Regulation 1/2003 concerning joint selling of German football media rights (Bundesliga)
Stefan Wilbert • January 2005

"Joint selling of Bundesliga media rights — first Commission decision pursuant to Article 9 of Regulation 1/2003"* Introduction On 19 January 2005 the Commission adopted the first commitment decision pursuant to Article 9 of Regulation 1/2003. In case COMP/C-2/37.214 — Joint selling of the (...)
23 Jul 2003
The European Commission adopts a formal decision exempting the joint selling of the media rights of an international football tournament (UEFA Champions League)
Torben Toft • July 2003

"Football: joint selling of media rights"* 1. Introduction On 23 July 2003, the Commission adopted a formal decision exempting the joint selling of the media rights of the UEFA Champions League. The Commission concluded that the joint selling of the TV, internet and mobile telephone content (...)
19 Nov 2002
The Netherlands Competition Authority decides following the notification of the scheme for the collective sale of broadcasting rights in connection with an application for exemption to allow the collective trading rights to broadcast summaries (Eredivisie)
Dutch Competition Authority • November 2002

NMa Prohibits Joint Trading of Rights to Live Broadcasting of Premier Division Football Matches* As of the start of the football season 2003-2004, the professional football organisations may no longer jointly sell rights to the live broadcasting of football matches, as they now do through (...)
30 Oct 1995
The European Commission authorizes a merger in the printing paper and packaging materials (Repola/Kymmene)
John Gatti, Jon Denness • October 1995

"Mergers Summary of the most important recent developments"* The Commission approved an operation by which Repola Corporation and Kymmene Corporation enter into a full merger. Repola and Kymmene are large international companies active in the fields of printing paper and packaging materials. (...)
17 May 1995
The EU Commission clears a joint venture arrangement between nine leading European gas companies for the construction and operation of a UK Belgium subsea gas interconnection (Interconnector)
Joos Stragier • May 1995

"Joint venture arrangement"* 0n 17 May 1995 the Commission issued a comfort letter to clear a joint venture arrangement between nine leading European gas companies for the construction and operation of a UK Belgium subsea gas interconnection, in particular a high pressure gas pipeline which (...)

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