Search results - Concurrences

12 Nov 2020 B

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)

New Zealand Competition Authority • November 2020

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 (...)

23 Oct 2020 B

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 service

Australian Competition Authority • October 2020

Prices 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). (...)

20 Oct 2020 B

The Russian Competition Authority develops jointly with the Ministry of Health a draft decree that will not allow disappearance of scarce medicine

Russian Competition Authority • October 2020

FAS 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 (...)

7 Oct 2020 B

The Dutch Competition Authority investigation finds that a national ATM operator is charging reasonable rates to competing banks (Geldmaat)

Dutch Competition Authority • October 2020

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 (...)

25 Aug 2020 B

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 customers

Australian Competition Authority • August 2020

Tipping 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 (...)

24 Jul 2020 R

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 chain

Jean-Michel Vertut • N° 4-2020

Facts. 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 (...)

14 Jul 2020 B

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)

European Commission • July 2020

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 (...)

14 Jul 2020 B

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)

Bertold Bar-Bouyssière, Alina Lacatus, Jacob Borum, Darach Connolly • July 2020

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 (...)

2 Jul 2020 C

Antitrust In Life Sciences - Webinar #3: Do Pharmaceutical Mergers Harm Consumers?

Max Miller, Patricia Danzon, George A. Rozanski, Scott Hemphill

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 (...)

7 May 2020 B

The Finnish Competition Authority’s investigation of the national agency for historical preservation results in commitment to pro-competitive measures (Finnish Heritage Agency)

Finnish Competition Authority • May 2020

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 (...)

27 Feb 2020 R

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 producers

Jean-Michel Vertut • N° 3-2020

Following 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 (...)

14 Feb 2020 R

Regulated professions: The French Competition Authority brings useful information on methods used by the French Government to set price caps

Jean-Philippe Kovar • N° 2-2020 • pp. 223-224

The 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 (...)

27 Sep 2019 B

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)

Pauline Kuipers, Piet-Hein Eijssen • September 2019

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 (...)

1 Sep 2019 R

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)

Luis Campos • N° 3-2019

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 (...)

1 Sep 2019 R

Le low cost, Emmanuel COMBE

Stéphane Rodrigues • N° 3-2019 • p. 278

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 (...)

23 Jul 2019 B

The Bulgarian Competition Authority fines an electricity provider for abuse of dominance (National Electricity Company EAD)

Bulgarian Competition Authority (Sofia) • July 2019

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 (...)

16 Jan 2019 B

The Romanian Competition Authority opens an investigation for abuse of dominance against a distributor in the gas sector (Delgaz Grid)

Romanian Competition Authority • January 2019

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 (...)

22 Nov 2018 C

Excessive pricing in the pharmaceutical sector

Frédéric Jenny, Ingrid Vandenborre, James Killick, Paul Csiszar, Robert O’Donoghue

Law & Economics workshop organised by Concurrences Review with Paul Csiszar (DG COMP), in partnership with Skadden, White & Case and Compass Lexecon.

5 Oct 2018 B

The US District Court for the Eastern District of Virginia requires divestiture in long-consummated merger (Steves & Sons / JELD-WEN)

Bruce McDonald, Michael A. Gleason, Joseph Antel, Matthew Harper • October 2018

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. (...)

31 May 2018 R

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)

Frédéric Marty • N° 3-2018 • pp. 105-107

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 (...)

1 Feb 2018 R

Unfair prices: A few remarks on competition policy and antitrust analysis

Gabriella Muscolo, Giovanni Pitruzzella • N° 1-2018 • pp. 60-67

Recent 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 (...)

16 Jan 2018 C

The future of the energy market from a competition law point of view

Céline Gauer, David Spector, Fabien Choné, Jean-Yves Ollier, Olivier Fréget

Law & Economics workshop organised by Concurrences Review in partnership with Fréget Tasso de Panafieu and MAPP.

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 (...)

14 Sep 2017 R

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)

Frédéric Marty • N° 4-2017 • pp. 97-99

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 (...)

1 Feb 2017 R

What attractiveness of competition law at the date of reforms? (Competition’s interviews: New competitive opportunities before ordinary courts, October 18, 2016)

Alain Gauvin, Irène Luc, Jean-Louis Fourgoux, Maurice Nussenbaum, Muriel Chagny • N° 1-2017

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 (...)

15 Sep 2016 R

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)

Raphaël Vuitton • Nº 4-2016 • pp. 147-149

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 (...)

28 Jul 2016 R

Interim measures: The Paris Court of appeal rejects a request an electricity distributor for additional measures imposed on an electricity producer (Direct Energie/Engie)

Alain Ronzano • Nº 4-2016

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, (...)

25 May 2016 C

The Use Of Bidding Studies In Merger Control

Cristina Caffarra, Daniel Coublucq, Francisco Enrique González-Díaz, Giulio Federico

Law & Economics Workshop organized by Concurrences Review in partnership with Charles River Associates and Cleary Gottlieb.

17 Mar 2016 C

A practical approach in dealing with rebates by dominant suppliers

Bill Batchelor, Emmanuel Frot, Lourenco Ventura, Svend Albaek

Conference organized by Concurrences Review in partnership with Microeconomix and Baker & McKenzie.

25 Jun 2015 C

Pricing policy: limiting the risks?

Gildas de Muizon, Juliette Thery-Schultz, Ombline Ancelin

Law & Economics Workshop organized by Concurrences in partnership with Simmons & Simmons, Microeconomix, AFJE & EFB.

3 Jun 2015 C

Proof of abuse of dominant position

Christian Riis-Madsen, David Spector, Frédéric Jenny, Nicholas Banasevic

Workshop organized by Concurrences Review in partnership with O’Melveny & Myers and MAPP.

30 Oct 2014 R

Gas - Public networks : The French Energy Regulatory Commission approves the user tariffs of natural gas public distribution networks for two new gas leasing agreements

Jean-Philippe Kovar • N° 1-2015 • p. 196

Article 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 (...)

28 Oct 2014 R

Decree : The French Minister modifies the calculation method of electricity sale regulated tariffs

Hubert Delzangles, Sebastien Martin • N° 1-2015 • pp. 190-191

On 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 (...)

15 Oct 2014 R

Electricity regulated tariffs: The French Competition Authority approves the proposed new calculation method

Alain Ronzano • N° 1-2015

On 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 (...)

15 May 2014 R

Gas rates : The French Energy Regulatory Commission audits procurement and non-procurement costs used as a basis for calculating regulated natural gas sales rates

Emmanuel Guillaume, Simon Daboussy • N° 3-2014 • pp. 184-186

Under 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 (...)

6 May 2014 R

Universal service : The French NRA rules on the evaluation of universal service costs and on the operators’ contribution for 2012

Hubert Delzangles, Sebastien Martin • N° 3-2014 • pp. 177-178

As 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 (...)

28 Mar 2014 B

The Australian Competition and Consumer Authority concludes its inquiry on transmission regulation

Australian Competition Authority • March 2014

ACCC 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 (...)

8 Mar 2014 B

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)

Matthias Lang • March 2014

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 (...)

6 Mar 2014 B

The Moldovan Competition Authority investigates the pricing of postpaid mobile services by the incumbent operator (Moldtelecom)

Alexandr Svetlicinii • March 2014

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 (...)

27 Nov 2013 R

Overseas fuel prices : The French competition authority publishes a notice in favor of the decree project regulating overseas fuel prices

Alain Ronzano • N° 1-2014

Following 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 (...)

8 Nov 2013 R

Energy: The Regulatory Commission for Energy presents its public report for 2012

Hubert Delzangles, Sebastien Martin • N° 4-2013 • p. 150

In 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 (...)

1 Nov 2013 R

Electronic communications: The European Commission proposes a major step forward for telecoms single market

Jean-Paul Tran Thiet, Orion Berg • N° 4-2013 • p. 162

On 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 (...)

26 Sep 2013 B

The Moldovan Competition Authority investigates predatory pricing on the mobile telecommunications market (Orange Moldova)

Alexandr Svetlicinii • September 2013

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 (...)

26 Sep 2013 B

The Moldovan Competition Authority investigates the pricing of SMS/MMS services on the telecommunications market (Orange Moldova)

Alexandr Svetlicinii • September 2013

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 (...)

1 May 2013 R

Energy - Gas: The French Energy Regulatory submits its report on the functioning of the natural gas retail market

Hubert Delzangles, Sebastien Martin • N° 2-2013 • p. 168

CRE, 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 (...)

30 Apr 2013 B

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)

Howard M. Ullman • April 2013

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.), (...)

25 Apr 2013 R

Energy: The French Energy Regulatory Commission validates rates of contribution of transport and distribution services of electricity and natural gas

Hubert Delzangles, Sebastien Martin • N° 3-2013 • p. 155

Pursuant 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 (...)

6 Mar 2013 B

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)

Emily Neill • March 2013

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 (...)

8 Oct 2012 R

Solutions for identified recurring competition problems: The French competition Authority publishes 5 recommendations in order to find a solution to identified recurring competition problems

Alain Ronzano • N° 1-2013

On 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 (...)

5 Sep 2012 B

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)

Cristina Mihai • September 2012

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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