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The New Zealand Competition Authority proposes that a regulated monopolist can spend $523 million to fix its electricity lines network in Dunedin, Central Otago, and Queenstown Lakes (Aurora Energy)Your search returned 115 results Cost-oriented prices
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Commission proposes Aurora can spend $523m to fix its network* The Commerce Commission has today released for consultation a package of measures in response to Aurora Energy’s plan to fix its electricity lines network in Dunedin, Central Otago and Queenstown Lakes. In June 2020, Aurora filed (...)
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The Australian Competition Authority announces that prices for wholesale telecom transmission services are set to fall following its decision to reduce the regulated prices for the declared domestic transmission capacity servicePrices for regulated transmission services set to fall* The price of wholesale transmission services in many regional and rural parts of Australia will fall substantially following the ACCC’s decision to reduce the regulated prices for the declared Domestic Transmission Capacity Service (DTCS). (...) -
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The Russian Competition Authority develops jointly with the Ministry of Health a draft decree that will not allow disappearance of scarce medicineFAS is Developing Jointly With the Russian Ministry of Health Draft Decree That Will Not Allow Disappearance of Scarce Medicine* The document is designed to ensure the availability of low-cost life-saving medicine for patients The FAS Russia together with the Ministry of Health of Russia is (...) -
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The Dutch Competition Authority investigation finds that a national ATM operator is charging reasonable rates to competing banks (Geldmaat)ACM: rates charged by ATM operator Geldmaat to other banks not unreasonable, information about its services to be more transparent* The Netherlands Authority for Consumers and Markets (ACM) has established that the rates that Dutch ATM operator Geldmaat charges other Dutch banks for using the (...) -
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The Australian Competition Authority states that the national energy markets are at a tipping point for affordability and warns that the new Prohibiting Energy Market Misconduct laws will ensure electricity retailers pass on cost savings to customersTipping point for affordability in energy markets* Australia has a unique opportunity to restore energy affordability, according to ACCC Chair Rod Sims. Mr Sims was speaking via video about the opportunities in the gas and electricity markets at the 2020 National Conference of the Energy (...) -
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Supply Chain: The French General Directorate for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) provides guidance on the use of indicators in the contractual chainFacts. Ensure a better distribution of the value created by the agricultural and agri-food sectors between all the actors in the production chain. This is notably the objective of the Equality Law passed almost two years ago. To achieve this objective, this law reversed the process of (...) -
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The EU Commission invites comments on pharmaceutical company’s proposed commitment to reduce the price by 73% for six off-patent cancer medicines to remove the Commission’s excessive pricing concerns (Aspen)Antitrust: Commission seeks feedback on commitments offered by Aspen to reduce prices for six off-patent cancer medicines by 73% to address Commission’s concerns over excessive pricing* The European Commission invites comments from all interested parties on commitments offered by Aspen to (...) -
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The EU Commission invites comments from all interested parties on commitments offered by pharmaceutical company to address the Commission’s concerns over excessive pricing (Aspen)Aspen: Quick Fix But Missed Opportunity* What are commitments? The recent effort by the Commission to settle the Aspen case suggests that commitment decisions are the preferred route to settle complex excessive pricing cases at EU-level. Previous commitment cases where high prices have been (...) -
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Antitrust In Life Sciences - Webinar #3: Do Pharmaceutical Mergers Harm Consumers?Webinar part of the "Antitrust in Life Sciences" conference organized by Concurrences and Fordham University, with Max Miller (Iowa Attorney General’s Office), Patricia Danzon (The Wharton School), George Rozanski (Bates White), and Scott Hemphill (NYU (...) -
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The Finnish Competition Authority’s investigation of the national agency for historical preservation results in commitment to pro-competitive measures (Finnish Heritage Agency)The Finnish Heritage Agency is committed to undertake measures to improve neutral competition conditions* The Finnish Competition and Consumer Authority (FCCA) has investigated into the business activities carried out by the Finnish Heritage Agency on the archaeological research market. As the (...) -
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Food supply chain: The French CEPC addresses certain provisions and practices between producers and first buyers, in the dairy sector, with the view to facilitate the optimization of the commercial opportunities for producersFollowing an initial CEPC opinion on a milk supply contract, previously commented on (see Circular Letter 12/2017, nos. obs.), the Commission once again examined this very specific type of contract, which is fairly symptomatic of the tensions that can exist between the players in the (...) -
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Regulated professions: The French Competition Authority brings useful information on methods used by the French Government to set price capsThe Competition Authority was seized for an opinion on a draft decree aimed at capping the fees and charges levied by the syndics of co-ownership for the preparation of the dated statement on the occasion of the transfer for valuable consideration of one or more co-ownership lots. The dated (...) -
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The Dutch Ministry of Economic Affairs and Climate grants a licence, overruling the Competition Authority’s decision, for overriding public interests including the continuity and affordability of high quality in the postal services sector (PostNL / Sandd)In February of this year, PostNL announced its intention to acquire rival operator Sandd. In view of the rapidly declining postal volumes, the two operators consider the combination of their nationwide postal networks necessary to ensure continuity and affordability of postal services. On (...) -
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Case study: ABB/BritNed (3rd Private Enforcement Conference: The current state of private enforcement in the EU and France - Paris Court of Appeal, March 28th, 2019)ABB/BritNed Luís Campos Associate Director, Frontier Economics, Paris/London On 9 October 2018, the High Court of England and Wales issued its judgement on the litigation opposing ABB and BritNed, following a 2004 decision by the European Commission (EC) which found that ABB had participated (...) -
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Le low cost, Emmanuel COMBEThis 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 (...) -
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The Bulgarian Competition Authority fines an electricity provider for abuse of dominance (National Electricity Company EAD)The Commission for Protection of Competition imposed to the National Electricity Company EAD pecuniary sanctions in a total amount of 315 612 BGN for infringements of Art. 21, p. 1 of the LPC. NEK abused its dominant position on the market of balancing of electricity producers from renewable (...) -
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The Romanian Competition Authority opens an investigation for abuse of dominance against a distributor in the gas sector (Delgaz Grid)The Competition Council opened an investigation on a possible abuse of dominant position of Delgaz Grid SA* The Competition Council opened an investigation on a possible abuse of dominant position of Delgaz Grid SA, a member of E.ON Romania Group, manifested through a differentiated treatment (...) -
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Excessive pricing in the pharmaceutical sectorLaw & Economics workshop organised by Concurrences Review with Paul Csiszar (DG COMP), in partnership with Skadden, White & Case and Compass Lexecon. -
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The US District Court for the Eastern District of Virginia requires divestiture in long-consummated merger (Steves & Sons / JELD-WEN)This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Congratulations! Your deal navigated through antitrust review, you closed the transaction, and you are making your way through the three-year integration plan. (...) -
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Exclusionary prices: The French Competition Authority dismisses a claim related to exclusionary prices strategies in the sector of maritime shipping services (Maritime shuttle services to the Yeu island)The decision handed down on 31 May 2018 by the Competition Authority has at least two striking features: the first is to present for the first time in many years valuations in francs and the second, which explains the first, is to bring to a close the saga of the stars from Vendée, the first (...) -
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Unfair prices: A few remarks on competition policy and antitrust analysisRecent antitrust intervention against unfair prices in the pharmaceutical industry by the Italian and UK competition authorities, as well as the answer of the European Court of Justice to preliminary questions from the Latvian Supreme Court, have breathed new life into the longstanding debate (...) -
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The future of the energy market from a competition law point of viewLaw & Economics workshop organised by Concurrences Review in partnership with Fréget Tasso de Panafieu and MAPP. -
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The Moldovan Competition Authority fines a company for abuse of dominant position by imposing unjustified tariffs for used water reception service (Apă-Canal Chișinău)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 (...) -
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Excessive prices: The Court of Justice of the European Union rules in a preliminary ruling related to the notion of excessive prices (Autortiesību un komunicēšanās konsultāciju aģentūra / Latvijas Autoru apvienība c/ Konkurences padome)The judgment of the Court of Justice of 14 September 2017 in the case Autortiesību un komunicēšanās konsultāciju konsultāciju aģentūra / Latvijas Autoru apvienība (Latvian Copyright Management Agency) v. Konkurences padome (Competition Council of Latvia) is particularly interesting in that it clarifies (...) -
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What attractiveness of competition law at the date of reforms? (Competition’s interviews: New competitive opportunities before ordinary courts, October 18, 2016)The third edition of “Entretiens de la concurrence”, focusing on the new economic and legal opportunities before ordinary courts, aimed to emphasise on the specific nature and assets of those jurisdictions in competition law. Having to implement competition law rules in a globalized economy, the (...) -
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Stranded costs: The Court of Justice of the European Union considers that changes in the ownership structures of electricity producing companies should be taken into account when calculating the amount of compensation for stranded costs to be granted (PGE)In the context of the opening up of the electricity sector to competition, initially brought about by Directive 96/92/EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity (OJEC 1996, L 27, p. 20), certain Member (...) -
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Interim measures: The Paris Court of appeal rejects a request an electricity distributor for additional measures imposed on an electricity producer (Direct Energie/Engie)On July 28, 2016, the Paris Court of Appeal issued a decision concerning Decision No. 16-MC-01 of May 2, 2016 concerning a request for interim measures submitted by the company Direct Energie in the energy sector. It will be recalled that, on 2 May 2016, the Competition Authority had, (...) -
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The Use Of Bidding Studies In Merger ControlLaw & Economics Workshop organized by Concurrences Review in partnership with Charles River Associates and Cleary Gottlieb. -
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A practical approach in dealing with rebates by dominant suppliersConference organized by Concurrences Review in partnership with Microeconomix and Baker & McKenzie. -
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Pricing policy: limiting the risks?Law & Economics Workshop organized by Concurrences in partnership with Simmons & Simmons, Microeconomix, AFJE & EFB. -
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Proof of abuse of dominant positionWorkshop organized by Concurrences Review in partnership with O’Melveny & Myers and MAPP. -
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Gas - Public networks : The French Energy Regulatory Commission approves the user tariffs of natural gas public distribution networks for two new gas leasing agreementsArticle L. 432-6 of the Energy Code authorises municipalities or public establishments for inter-municipal cooperation that do not have a public natural gas distribution network or whose service works are not in progress to concede the public distribution of gas to a company approved for this (...) -
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Decree : The French Minister modifies the calculation method of electricity sale regulated tariffsOn October 28, 2014, the Prime Minister issued an order-in-council relating to the methodology for the construction of regulated electricity sales tariffs (RSTs). This decree amends Decree No. 2009-975 of 12 August 2009 on regulated tariffs for the sale of electricity. One recalls the problems (...) -
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Electricity regulated tariffs: The French Competition Authority approves the proposed new calculation methodOn 15 October 2014, the Competition Authority issued Opinion No 14-A-14 of 26 September 2014 issued at the request of the Minister for the Economy, Productive Recovery and Digitalisation on the draft decree amending the method for calculating regulated electricity tariffs (TRV). While the (...) -
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Gas rates : The French Energy Regulatory Commission audits procurement and non-procurement costs used as a basis for calculating regulated natural gas sales ratesUnder the terms of Article L. 445-3 of the Energy Code, "regulated tariffs for the sale of natural gas are defined according to the intrinsic characteristics of the supplies and the costs associated with these supplies. They cover all of these costs, excluding any subsidy for customers who have (...) -
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Universal service : The French NRA rules on the evaluation of universal service costs and on the operators’ contribution for 2012As every year (cf. for the year 2011, Decision No. 2013-0590 of 23 April 2013 setting the final assessment of the net cost of the universal service and the operators’ contributions for the year 2011 and for the year 2010, Decision No. 2012-0484 of 3 May 2012 setting the final assessments of the (...) -
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The Australian Competition and Consumer Authority concludes its inquiry on transmission regulationACCC concludes its inquiry on transmission regulation* The Australian Competition and Consumer Commission has concluded its inquiry into the regulation of transmission services (known as the Domestic Transmission Capacity Service or ’DTCS’). The ACCC has decided to maintain regulation for a (...) -
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The German Federal Minister for Economic Affairs and Energy receives an update of a position paper on the German energy transition towards a mainly renewable energy supply (Energiewende)Initiativkreis Ruhr Committed to Energiewende, But Demands Adjustments* Initiativkreis Ruhr (IR), an association of 66 leading companies in the Ruhr area (Ruhrgebiet) handed over an update of a position paper on the German energy transition towards a mainly renewable energy supply (...) -
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The Moldovan Competition Authority investigates the pricing of postpaid mobile services by the incumbent operator (Moldtelecom)On 25 November 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the mobile telecom company IM Moldcell SA alleging the existence of an abuse of dominant position on the mobile telecommunications market on the part of the incumbent telecom operator Moldtelecom SA. The (...) -
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Overseas fuel prices : The French competition authority publishes a notice in favor of the decree project regulating overseas fuel pricesFollowing a referral from the Minister for Economic Affairs pursuant to Articles L. 410-2 and L. 410-3 of the Commercial Code, the Competition Authority issued an opinion No 13-A-21 of 27 November 2013 giving a favourable opinion on three draft decrees of the Conseil d’État regulating the price (...) -
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Energy: The Regulatory Commission for Energy presents its public report for 2012In its 2012 activity report, the College of the Energy Regulatory Commission (ERC) sends a general message (p. 2 et seq.) in which it underlines the current "trilemma" of guaranteeing access to affordable, environmentally friendly energy that ensures security of supply. It notes the (...) -
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Electronic communications: The European Commission proposes a major step forward for telecoms single marketOn 11 September 2013, the European Commission published a Communication on the Single Telecoms Market, a proposal for a Regulation laying down measures regarding the Single Telecoms Market and the completion of a Connected Continent and a Recommendation on non-discrimination obligations and (...) -
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The Moldovan Competition Authority investigates predatory pricing on the mobile telecommunications market (Orange Moldova)In 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the incumbent telecom operator Moldtelecom SA alleging the existence of an abuse of dominant position on the mobile telecommunications market committed by IS Orange-Moldova SA. The applicant submitted that (...) -
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The Moldovan Competition Authority investigates the pricing of SMS/MMS services on the telecommunications market (Orange Moldova)On 12 July 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the telecom operator IM Moldcell SA alleging the existence of an abuse of dominant position on the mobile telecommunications market committed by IS Orange-Moldova SA. The applicant submitted that (...) -
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Energy - Gas: The French Energy Regulatory submits its report on the functioning of the natural gas retail marketCRE, Report 2011-2012 on the operation of the French retail electricity and natural gas markets In the same report, in which the authority carried out a study on the operation of the electricity retail markets, it similarly develops analyses for the gas market, which also provide the most (...) -
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The US District Court of the 9th Circuit refuses to dismiss the plaintiffs’ below-cost pricing claims raised under Unfair Practices Act in respect of clinical laboratory testing services (Rheumatology Diagnostic Laboratory / Aetna)Is the California Unfair Practices Act a Free Pass on Motions to Dismiss?* Probably not, but UPA claims can be tough to defeat at the motion to dismiss stage. Witness Rheumatology Diagnostics Laboratory, Inc. v. Aetna, Inc., 2013 U.S. Dist. LEXIS 151128 (N.D. Cal. Oct. 18, 2013) (Orrick, J.), (...) -
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Energy: The French Energy Regulatory Commission validates rates of contribution of transport and distribution services of electricity and natural gasPursuant to Article 18 of Law No 2004-803 of 9 August 2004, a tariff contribution was introduced for the benefit of the National Fund for Electricity and Gas Industries (CNIEG). This contribution, which is based on electricity and natural gas transmission and distribution services, is intended (...) -
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The England and Wales Court of Appeal dismisses the appeal contesting the validity of Ofcom’s choice of cost model and states that pointing out flaws in the reasoning adopted by a disputed decision is not enough in order to be successful on a merits appeal (Everything Everywhere)Appeals on the merits: only pick a hole if you can fill it* In his recent blog “Down the rabbit hole,” Tom Richards described the “quasi judicial review within an appeal” contained in s.193(7) Communications Act 2003 as something of a Wonderland. On 6 March 2013 it was the turn of the Court of (...) -
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Solutions for identified recurring competition problems: The French competition Authority publishes 5 recommendations in order to find a solution to identified recurring competition problemsOn 8 October 2012, the Competition Authority made public its findings of the sector inquiry launched in July 2011 on the competitive operation of the repair and maintenance sectors of vehicles and the manufacture and distribution of spare parts. On 11 April 2012, the Authority had released (...) -
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The Romanian Competition Authority closes an investigation on abuse of dominant position on the local market of natural gas installations planning and execution accepting commitments undertaken by the monopolist (Progaz)Romania: The Romanian Competition Council accepted the commitments undertaken by PROGAZ P&D SA* The Romanian Competition Council (“RCC”) accepted the commitments undertaken by PROGAZ P&D SA in view of relieving the concerns regarding infringement of the antitrust rules by abuse of a (...)
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