Search results - Concurrences

19 Jan 2021 B

The German Parliament passes the digital competition act bringing significant changes to the competition law landscape

Marcel Nuys, Annika Gante, Peter Rowland, Kyriakos Fountoukakos, Florian Huerkamp • January 2021

Today, the German parliament passed the “Digital Competition Act” which is the 10th amendment to the Act against Restraints of Competition (ARC). The amended law – which will very likely enter into force January 2021 – will bring about significant changes to the German competition law landscape. (...)

19 Jan 2021 B

The German Parliament publishes its act against restraints of competition’s 10th amendment introducing a new regulatory framework for access to commercial data under antitrust law

Marc Schweda, Florian von Schreitter • January 2021

"The world’s most valuable resource is no longer oil, but data" (The Economist, 6.5.2017). This catchy (albeit not quite accurate) comparison is likely to take the leading position among modern digital markets truisms. It is therefore hardly surprising that the German legislator has been (...)

19 Jan 2021 B

The German Parliament adopts competition rules for tech platforms

Laurent de Muyter, Carsten Gromotke, Dr. Jürgen Beninca, Michael A. Gleason, Hiromitsu Miyakawa, Prudence Smith, Craig A. Waldman, Philipp Werner, Johannes Zöttl • January 2021

In Short The Development: The Bundestag, the German legislature, amended Germany’s antitrust laws to include special competition rules for digital platform "companies with overwhelming importance for competition across multiple markets." The amendments, known as the GWB Digitization Act or ARC (...)

8 Dec 2020 B

The French Competition Authority opens an investigation into the acquisition of an oil pipeline company by a private equity investment firm (SPMR / Ardian Group)

French Competition Authority • December 2020

The Autorité de la concurrence opens an in-depth examination into the acquisition of Société du Pipeline Méditerranée-Rhône (SPMR) by Ardian Group* On 14 September 2020, Ardian France, a French private equity and asset management company notified of its plan to acquire exclusive control of the oil (...)

28 Nov 2020 B

The Portuguese Competition Authority identifies barriers to the opening of facilities in the hemodialysis care provision sector

Portuguese Competition Authority • November 2020

The AdC identifies barriers to the opening of new facilities and proposes recommendations aimed at promoting the well-being of chronic disease patients* The Portuguese Competition Authority – Autoridade da Concorrência (AdC) has undertaken an analysis on the hemodialysis care provision sector in (...)

18 Nov 2020 R

Essential facility: The General Court of the European Union confirms the decision of the European Commission finding an abuse of a dominant position by the Lithuanian incumbent railway operator, but reduces the fine imposed (Lietuvos geležinkeliai)

Alain Ronzano • N° 1-2021

On 18 November 2020, the Court of First Instance of the European Union delivered a judgment in Case T-814/17 (Lietuvos geležinkeliai v Commission).. The case follows the action for annulment of the decision of 2 October 2017.The Commission imposed a fine of EUR 27 873 000 on Lietuvos (...)

18 Nov 2020 B

The EU General Court confirms the Commission’s decision finding that a national rail company abused its dominant position on the market (Lietuvos geležinkelai)

Gönenç Gürkaynak, Barış Yüksel, Baran Can Yıldırım, Zeynep Ayata Aydoğan • November 2020

The Factors Affecting the Use of Essential Facilities Doctrine in Light of the Lithuanian Railway v Commission Decision: A Comparison with the Turkish Practice and Potential Implications 1) Introduction On November 18, 2020, the General Court of the European Union (“General Court”) upheld the (...)

6 Oct 2020 B

The US House Judiciary Committee Antitrust Subcommittee issues its majority report of its investigation of competition in digital markets

Steven J. Cernak • October 2020

Classic Antitrust Cases: Trinko, linkLine and the House Report on Big Tech* On October 6, 2020, the Antitrust Subcommittee of the U.S. House Judiciary Committee issued its long-anticipated Majority Report of its Investigation of Competition in Digital Markets. As expected, the Report detailed (...)

25 Sep 2020 B

The Russian Competition Authority issues a warning to a manufacturer of cash register equipment to eliminate an abuse of dominance violation (Evotor)

Russian Competition Authority • September 2020

FAS ISSUED WARNING TO THE MANUFACTURER OF CASH REGISTER EQUIPMENT EVOTOR * FAS received complaints on violations of the antimonopoly legislation from organizations and entrepreneurs using Evotor cash register equipment The FAS found that Evotor LLC directed a software update to the cash (...)

9 Sep 2020 B

The EU Court of Justice Advocate General Saugmandsgaard Øe advises to dismiss the parties’ challenges to the Commission’s finding abuse of dominance on the Slovak broadband services market (Slovak Telekom / Deutsche Telekom)

Samuel Hall • September 2020

On 9 September 2020, Advocate General (“AG”) Saugmandsgaard Øe issued his opinion in Deutsche Telekom v. European Commission (Case C-152/19) and Slovak Telekom v. European Commission (Case C-165/19) advising the Court of Justice (“ECJ”) to dismiss the parties’ challenges to the Commission’s finding (...)

9 Sep 2020 B

The EU Court of Justice Advocate General Saugmandsgaard Øe recommends the Bronner legal test to be limited to ’refusals to make available’ (Slovak Telekom / Deutsche Telekom)

Simon Troch, Cédric Nys • September 2020

Advocate General (‘AG’) Saugmandsgaard Øe recommends the European Court of Justice (‘ECJ’) to (i) rule that the test included in the Bronner Judgment – including the indispensability requirement – should only be applied in specific circumstances (i.e., in case of ‘refusals to make available’), and (...)

24 Jun 2020 C

Innovation Economics Conference for Antitrust Lawyers #2 Self-Preference: The Gatekeeper Role

Rod Carlton, Niamh Dunne, Giulio Federico, Gönenç Gürkaynak, William E. Kovacic, Rameet Sangha

2nd Webinar of the « 4th Innovation Economics Conference » organised by Concurrences, in partnership with Compass Lexecon, Elig Gürkaynak Attorneys-at-Law and Freshfields, with Rod Carlton (Partner, Freshfields), Niamh Dunne (Assistant Professor, London School of Economics), Giulio Federico (Head (...)

26 May 2020 B

The Amsterdam Court of Appeal rules that an online real estate platform has not abused its dominance by inter alia self-preferencing the ranking of online advertisements (VBO / NVM / Funda)

Manuela Cox, Piet-Hein Eijssen, Pauline Kuipers • May 2020

On 26 May 2020, the Amsterdam Court of Appeal (“Court”) delivered its judgment in a dispute between the real estate association VBO Makelaars (“VBO”) versus the Dutch Association of Real Estate Agents (“NVM”) over the online real estate platform of Funda Real Estate (“Funda”). The Court assumed that (...)

26 May 2020 B

The Amsterdam Court of Appeal dismisses a claim that a real estate agent association’s self-preferencing strategy is abusive because the competitive position remained unaffected (VBO / NVM / Funda)

Anna Jorna • May 2020

On 26 May 2020, the Amsterdam Court of Appeal (the “Court”) handed down its judgment in the dispute between the real estate agent association VBO (“VBO”) and Funda Real Estate (“Funda”) and the Dutch Association of Real Estate Agents (“NVM”). The Court upheld the judgment of the District Court finding (...)

26 May 2020 B

The Amsterdam Court of Appeal rules that there is no abuse of dominance by one of the largest estate agencies in the Netherlands (VBO / NVM / Funda)

Veronika Yefremova • May 2020

In its judgment, on the 26th May 2020, the Amsterdam Court of Appeal (‘the Court’) ruled that there is no abuse of Funda’s dominant position. The Court hereby dismissed the claim which had been filed by VBO Estate Agents in The Netherlands against Funda. This judgment ended a six-year-old dispute (...)

31 Mar 2020 R

Essential facilities: The Commission does not intend to change its doctrine on the application of essential facilities theory to dominant digital platforms

Alain Ronzano • N° 2-2020

Should major digital platforms be considered critical infrastructure? The Commission clarifies this in an answer to a question from MEPs. It will be remembered that, on 29 January 2019, Olivier Guersent, the new Director General of DG Competition in Brussels, spoke before the French Senate (...)

31 Mar 2020 R

Critical infrastructures: The Commissioner for Competition clarifies, in response to a parliamentary question, the implementation conditions of the essential facilities doctrine to online platforms

Marie Cartapanis, Frédéric Marty • N° 3-2020 • pp. 98-99

The theory of critical infrastructure, which stems from the decision-making practice of the American Supreme Court with the Terminal Railroad Association decision of 1912 (United States v. Terminal Railroad Ass’n, 224 U.S. 383 (1912)), has been adopted by European case law, even though the (...)

6 Mar 2020 R

Commitments: The European Commission makes legally binding commitments taken by the Romanian incumbent operator of gas transport to facilitate natural gas exports (Transgaz)

Frédéric Marty • N° 2-2020 • pp. 86-87

The European Commission has taken a decision making binding the commitments offered by the Romanian natural gas transmission system operator. The commitments will lead the Romanian natural gas transmission system operator to increase its export capacity to Hungary and Bulgaria and to ensure (...)

19 Feb 2020 R

Reform: The French Competition Authority publishes its contribution to the debate on the evolution of competition policy in the face of challenges posed by the digital economy

Alain Ronzano • N° 2-2020

On 21 February 2020, the Competition Authority published its contribution - which is bound to evolve - to the debate on competition policy and digital issues.This is in view of the discussions currently taking place at European Commission level and before the French Parliament. Recalling that (...)

19 Feb 2020 B

The French Competition Authority publishes a paper on how merger control and anticompetitive practices concepts should be adapted to the digital sector

Florence Leroux • February 2020

As part of its discussions at international level on the reform of competition law, the French Competition Authority (“FCA”) recently published a paper providing food for thought on how merger control and anticompetitive practices concepts should be adapted to the digital sector. Regarding (...)

19 Feb 2020 R

Market power: The French Competition Authority publishes its contribution to the debate on competition policy and digital issues

Marie Cartapanis • N° 2-2020 • pp. 93-95

On 19 February 2020, two months after the publication of its Google/Gibmedia decision, the Competition Authority put online its contribution to the debate on competition policy and digital issues. The Authority’s thinking is rooted in a context of a flurry of doctrinal, decision-making and case (...)

29 Jan 2020 R

Essential facilities: Olivier Guersent, the new Director General of DG Competition at the European Commission, proposes to consider large digital platforms as essential facilities and to treat them as such

Alain Ronzano • N° 2-2020

On 29 January 2019, the Senate’s Economic Affairs Committee therefore heard Olivier Guersent, the new Director General of DG Competition at the European Commission.. The main point to remember from this hour and a half of discussion with the senators is the defence and illustration of the (...)

23 Jan 2020 R

Essential facility: The French Competition Authority rejects the request for access to an essential facility, but announces the opening of an exploratory investigation (AOTA / Orange)

Alain Ronzano • N° 2-2020

On January 23, 2020, the Competition Authority issued a decision No. 20-D-02 of January 23, 2020in which it concludes that Orange’s fibre-to-the-home (FttH) infrastructure is not critical infrastructure. The case was referred to the Association of Alternative Telecommunications Operators (...)

23 Jan 2020 B

The French Competition Authority rejects a request for interim measures against a dominant telecom company accused of denying access to its fibre-to-the-premises infrastructure (AOTA / Orange)

French Competition Authority • January 2020

Orange activated fibre offer: the Autorité rejects the complaint of AOTA* The Autorité de la concurrence rejects the AOTA’s complaint regarding Orange’s practices for lack of evidence. The Autorité also announces the launching of an exploratory investigation into the business telecoms market. The (...)

23 Jan 2020 R

Essential facilities: The French Competition Authority rejects for lack of convincing evidence the request for provisional measures related to an alleged refusal to access to an essential facility (OATA / Orange)

Marie Cartapanis • N° 2-2020 • pp. 91-92

On 23 January 2020, the Competition Authority rejected the request for interim measures ancillary to a referral on the merits of the case by OATA, the Association of Alternative Telecommunications Operators. The association, which represents 40 regional telecom operators, denounced an abuse of (...)

31 Oct 2019 B

The Mexican Competition Authority initiates an investigation to determine if there are barriers to competition and of essential facilities in the aircraft fuel market

Luis Miguel De Alva-Morales, Luis Francisco Amado Cordova • October 2019

On October 31, 2019, COFECE published in the Federal Official Gazette an official Notice that initiated an investigation to determine if there are barriers to competition and of essential facilities in the aircraft fuel market, including the production, importation, storage, transportation, (...)

25 Jul 2019 R

Essential facilities: The French Competition Authority rejects a referral for lack of sufficiently convincing evidence in a case relating to practices implemented in the fuel sector in the Reunion Island (CCIRPP)

Alain Ronzano • N° 4-2019

On 25 July 2019, the Competition Authority posted online a decision No. 19-D-16 issued on 24 July 2019The meeting was chaired by the new vice-president, Irène Luc, and followed by a presentation by the general rapporteur himself on practices implemented in the fuel sector in Reunion Island. The (...)

11 Jul 2019 B

The Munich District Court issues an anti-suit injunction in patent litigation preventing an automotive company from further pursuing proceedings in the US (Nokia)

Christian Dölling, Henrik Holzapfel • July 2019

On July 11 2019, the Munich I District Court (Landgericht) issued an anti-suit injunction in patent litigation, preventing an automotive company from further pursuing proceedings in the United States. The Munich decision might become a landmark case because German courts have historically not (...)

1 Feb 2019 R

India: Remedies in merger cases

John Handoll • N° 1-2019

No notified combination has to date been prohibited by the Competition Commission of India (CCI). However, the clearance of some 30 combinations has been subject to the parties implementing structural or non-structural (behavioural) remedies. This article outlines the sometimes innovative (...)

21 Jan 2019 B

The Swedish Patent and Market Court upholds the Competition Authority’s decision requiring a recycling station operator to extend an agreement with its competitor (FTI)

Tim Kasten • January 2019

On 21 January 2019, the Swedish Patent and Market Court (the “Court”) upheld a decision of the Swedish Competition Authority (“SCA”) that required an operator of recycling stations for household waste to extend an agreement with its competitor. The Swedish Packaging and Newspapers Collection (...)

21 Jan 2019 B

The Swedish Patent and Market Court finds that a dominant company’s termination of an access agreement with a downstream competitor constitutes an abuse (FTI)

Erik Brändt Öfverholm, Philip Thorell, Antonia Malmgren • January 2019

In January 2019, the Swedish Patent and Market Court found that a dominant company’s termination of an access agreement with a downstream competitor constituted an abuse. By finding that the refusal had to be able to eliminate all effective competition on the downstream market in order to be (...)

17 Jan 2019 B

The EU Commission hosts conference to address the challenges of digitization for competition policy

Enrique Fayos, Pedro Callol • January 2019

“Shaping Competition Policy in the era of digitization”: The European Commission hosts a conference with academic and business leaders to address the challenges of digitization for competition policy. On 17 January 2019, the European Commission hosted an experts conference to address the (...)

13 Dec 2018 R

Necessity and proportionality: The General Court of the European Union partially annuls a no objection decision concerning an important project of common European interest (Scandlines Danmark Aps e.a.)

Bruno Stromsky • N° 1-2019 • pp. 157-159

Note: another judgment of the same day deals with the same case: Trib. EU, 13 Dec. 2018, Stena Line, case T-631/15, EU:T:2018:944 After having partially annulled on 19 September 2018 a decision not to raise any objections to aid to finance an important project of common European interest (...)

26 Nov 2018 R

Electric networks: The Energy Regulatory Commission publishes a report on the impact of electrical vehicles for electrical networks (Electrical vehicles and electrical networks)

Alexandre Martin, Orion Berg • N° 1-2019 • pp. 194-196

On 26 November 2018, the French Energy Regulatory Commission (hereinafter the "CRE") published a report on the challenges of developing electric vehicles for electric grids. This report presents the initial results of the work and consultations with interested parties carried out by CRE. The (...)

1 Nov 2018 R

Bernard Roman (French Regulatory Authority for Rail and Road Activities): Rail liberalization

Bernard Roman, Olivier Fréget • N° 4-2018

Interview conducted by Olivier Fréget Partner, Fréget & Associés, Paris. For contract services, examples from other European countries have shown that opening up to competition has not necessarily led to lower tariffs. What benefits does the Authority expect from this, for users and the (...)

1 Nov 2018 R

Connecting competition law standards to the Internet of things

Aymeric de Moncuit • N° 4-2018 • pp. 85-94

The advent of the Internet of Things will entail a new Internet revolution and bring about profound changes that will rival the first wave of Internet innovation. This paper explores the competition law implications raised by this upcoming revolution. Starting by discussing the merits of open (...)

11 Jul 2018 B

The Indian Competition Authority fines joint venture for denying access to an essential facility in the market for upstream terminalling services (East India Petroleum / South Asia LPG)

Man Mohan Sharma • July 2018

CCI imposes penalty on South Asia LPG Company Ltd for abuse of dominant position- a classic case of denial of essential facility* The Competition Commission of India (CCI) by an order dated 11 July 2018, has imposed penalty of INR 19.2 Crore on South Asia LPG Company Ltd (‘SALPG’), a joint (...)

21 Jun 2018 B

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

Alexandr Svetlicinii • June 2018

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

14 Jun 2018 B

The Moldovan Competition Authority prosecutes the company managing a bus terminal for imposing unfair trading conditions on the passenger bus operators (Telautogar)

Alexandr Svetlicinii • June 2018

On 14 June 2018, the Competition Council of the Republic of Moldova (CC) prosecuted the bus terminal operator Telautogar SRL for the abuse of dominant position in the form of imposing unfair trading terms on passenger bus operators. Telautogar SRL was the company managing the bus terminal in (...)

3 May 2018 B

Access to facilities in the energy sector: An overview of EU and national case law

Emily Xueref-Poviac • Energy & Access to facilities

The energy sector is in transition and this will imply key areas of change to the market and its design over the coming years. In the few short pages of this foreword, we will attempt to provide an overview of the European Commission and European national competition authorities (’NCAs’) practice (...)

15 Mar 2018 R

Preliminary examination: The General Court of the European Union partially annuls the European Commission’s decision finding, at the end of a formal investigation procedure, that measures granted to a shipping company using a port in Gran Canaria did not constitute State aid (Naviera Armas)

Raphaël Vuitton • N° 2-2018 • pp. 152-155

While not regarded as a model of brevity, the judgment in the Naviera Armas case provides interesting insights into the determination of the existence of serious difficulties in the preliminary phase of the examination of an aid measure and the Commission’s obligation of diligent examination in (...)

21 Feb 2018 R

Calculation of the fine: The Advocate general M. Wathelet advocates for the implementation of an effects-based approach in the judicial control of the European Commission’s fine setting process (Orange Polska)

Frédéric Marty • N° 2-2018 • pp. 77 - 79

The conclusions of Advocate General Melchior Wathelet in the Orange Polska case (Case C-123/16 P) are particularly important in that they could, if fully followed by the Court, enshrine the effects-based approach by extending the reasoning followed by the Court in the Intel judgment of 6 (...)

20 Dec 2017 B

The Italian Competition Authority applies the doctrine of essential facilities to a refusal to grant a copyright licence (Società Iniziative Editoriali)

Michele Giannino • December 2017

Applying the doctrine of essential facilities to IP assets in the SIE case (decision no. 26312 of 21 December 2016, Case A503 Società Iniziative Editoriali/Servizi di rassegna stampa della Provincia di Trento- SIE), the Italian Competition Authority (ICA) found that a publisher infringed (...)

20 Dec 2017 B

The Italian Competition Authority imposes FRAND licensing to a local newspaper in a paradigm for the essential facility doctrine applied to copyrights (Società Iniziative Editoriali)

Enzo Marasà • December 2017

On 20 December 2017, the Italian Competition Authority (or “ICA”) issued a rare infringement decision in an abuse of dominance investigation against the publisher of a local daily newspaper (“SIE”), which refused to deal with a player (the “complainant” or “Euregio”) in the downstream local market for (...)

2 Oct 2017 R

Essential facility: The European Commission fines incumbent Lithuanian Railways operator which practiced an exclusionary abuse by dismantling an essential facility (Lithuanian Railways - Baltic Rail)

Frédéric Marty • N° 1-2018 • p. 93

The fine of €27 million imposed on Lithuanian Railways is, as the Commissioner responsible for competition policy said, an abuse of foreclosure in a form unprecedented in the history of European competition law. It is a prima facie case of naked exclusion, i.e. a market practice for which no (...)

2 Oct 2017 B

The EU Commission fines the incumbent Lithuanian railway company €28 million for abuse of dominance (Baltic Rail)

Itai Rabinovici • October 2017

On 2 October 2017 the European Commission adopted its decision in the Baltic Rail case finding that the Lithuanian railways company, Lietuvos geležinkeliai (’LG’) abused its dominant position. The extraordinary circumstances of the case prompted one commentator to wonder whether this is ’the most (...)

4 May 2017 C

Regulation of open and closed ecosystems

Charlotte Tasso de Panafieu, David Sevy, Etienne Pfister, Guillaume Vautrin, Nathalie Dostert

Seminar organised by Concurrences review in partnership with Fréget Tasso de Panafieu and Compass Lexecon.

4 May 2017 B

The Hong Kong Competition Authority issues a report outlining the findings of its study into the auto-fuel market

Hong Kong Competition Authority • May 2017

Competition Commission announces findings of its study into Hong Kong’s auto-fuel market* The Competition Commission (Commission) today (4 May) released a report outlining the findings of its study into the auto-fuel market in Hong Kong. The report identifies a number of issues which the (...)

21 Apr 2017 R

Communication of administrative documents: The French Supreme Administrative Court specifies the conditions under which a regulatory authority may communicate administrative documents related to a regulated company to competing companies (FM Projet)

Emmanuel Guillaume • N° 3-2017 • pp. 146-147

By decision no. 2011-0668 of June 14, 2011, the Autorité de Régulation des Communications Electroniques et des Postes (ARCEP) had imposed various obligations on France Telecom (now Orange) relating to the local loop as well as to the underground and overhead civil engineering infrastructure (...)

21 Mar 2017 B

The French Competition Authority fines an energy company for abuse of dominance on the retail gas supply market (ENGIE)

Tim Kasten • March 2017

On 22 March 2017, the French Competition Authority (“FCA”) fined ENGIE (formerly known as GDF-Suez) € 100 million for abusing its dominant position on the retail gas supply market by using the customer database and business infrastructure it inherited from its former monopoly status in order to (...)

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