Search results - Concurrences

29 Oct 2020 B

The EU Court of Justice Advocate General Tanchev thinks the Court should dismiss the appeal of the Commission against the judgment of the General Court on support measures adopted by an Italian consortium of banks for the benefit of one of its members (Banca Popolare di Bari / Fondo interbancario di tutela dei depositi / Banca d’Italia)

European Court of Justice • October 2020

According to Advocate General Tanchev, the Court should dismiss the appeal of the Commission against the judgment of the General Court on support measures adopted by an Italian consortium of banks for the benefit of one of its members* The General Court was right in considering that those (...)

21 Oct 2020 B

The Swedish Competition Authority petitions to fine municipality for directly awarding a public procurement contract for snow clearance because the contract does not qualify for exemption under urgency (Huddinge Municipality)

Swedish Competition Authority • October 2020

No extreme urgency when Huddinge Municipality directly awarded a contract for snow clearance* Huddinge Municipality was guilty of an illegal direct award when it failed to apply procurement rules to a contract for snow clearance. This is the conclusion of the Swedish Competition Authority, (...)

20 Oct 2020 B

The Swedish Competition Authority petitions to fine municipality for illegal direct award of a public procurement contract for major refurbishment of a property (Hallsberg Municipality)

Swedish Competition Authority • October 2020

Hallsberg performed an illegal direct award of construction contract* Hallsberg municipality carried out the major refurbishment of a property without first publishing a contract notice as required under the Public Procurement Act. The municipality was therefore guilty of an illegal direct (...)

13 Oct 2020 B

The EU Commission prolongs and expands temporary framework to further support companies facing significant turnover losses due to the COVID-19 outbreak

European Commission • October 2020

State aid: Commission prolongs and expands Temporary Framework to further support companies facing significant turnover losses* The European Commission has decided to prolong and extend the scope of the State aid Temporary Framework adopted on 19 March 2020 to support the economy in the (...)

8 Oct 2020 B

The Finnish Competition Authority finds that the arrangement of social welfare and health care services in Savitaipale municipality violated the laws on public procurement (Eksote / Kiinteistö Oy Savitapaleeen Vuokratalot)

Finnish Competition Authority • October 2020

FCCA finds that the arrangement of social welfare and health care services in Savitaipale violated the Act on Public Procurement* According to a decision issued by the Finnish Competition and Consumer Authority (FCCA) on 7 October 2020, the Joint Municipal Authority of Social Welfare and (...)

30 Sep 2020 B

The Swedish Competition Authority discovers improper public procurement of parking meters (Örebro Municipality)

Swedish Competition Authority • September 2020

Parking meters were improperly procured by Örebro Municipality* Örebro Municipality has made an illegal direct award of parking meters. The Swedish Competition Authority is now turning to the Administrative Court and petitioning for the municipality to be ordered to pay a procurement fine of SEK (...)

24 Sep 2020 B

The Finnish Competition Authority proposes a fine on the federation of municipalities in social and health services in the region of Kymenlaakso for unlawful direct procurement of ophthalmology services (Kymsote)

Finnish Competition Authority • September 2020

FCCA proposes a penalty payment to Kymsote for the unlawful direct procurement of ophthalmology services* On 24 September 2020, the Finnish Competition and Consumer Authority (FCCA) submitted a proposal to the Market Court to impose a penalty payment of 40,000 euros on the federation of (...)

22 Sep 2020 B

The EU Court of Justice confirms the Commission decision approving UK aid for a nuclear power station (Hinkley Point C)

European Court of Justice • September 2020

The Court of Justice confirms the Commission decision approving United Kingdom aid for Hinkley Point C nuclear power station* By decision of 8 October 2014, the European Commission approved aid which the United Kingdom is planning for Hinkley Point C nuclear power station, located in Somerset, (...)

22 Sep 2020 B

The EU Court of Justice confirms that the nuclear energy sector is subject to state aid rules (Hinkley Point C)

Simon Troch, Thomas Milleville • Preview

On 22 September 2020, the Grand Chamber of the Court of Justice (‘Court’) dismissed Austria’s appeal against the General Court’s Judgment endorsing Commission Decision (EU) 2015/658 (‘the Judgment’). The Judgment was the first opportunity for the Court to rule whether the nuclear energy sector is (...)

22 Jul 2020 R

Illegal aid: The French Supreme Administrative Court condemns the State to pay a sum of 10 million euros to a company harmed by the granting of an illegal aid to a competitor (SIDE)

Francesco Martucci, Anne-Clémence Laprée • N° 4-2020 • pp. 195-196

By a decision dated 22 July 2020, the Conseil d’État confirmed compensation for damage suffered by a company affected by unlawful State aid paid to a competitor. This judgment is the culmination of the CELF saga which began in 1992 concerning aid measures granted by the French authorities to a (...)

10 Jul 2020 R

Incompatible aid: The French Supreme Administrative Court reiterates the impossibility of holding the State liable for the damage suffered by a company receiving incompatible State aid (Valette)

Francesco Martucci, Anaëlle Sérani • N° 4-2020 • pp. 194-195

In a judgment dated 10 July 2020, the Conseil d’État confirmed its case law ruling that a company receiving incompatible aid may not claim that the State is liable for the payment of that aid. In the present case, it dismissed the appeal brought by EARL Valette in proceedings relating to the (...)

7 May 2020 B

The Latvian Competition Authority develops a self-assessment tool, aimed at facilitating assessment of participation of public administrative bodies in a capital company

Latvian Competition Council • May 2020

The CC develops a self-assessment tool, aimed at facilitating assessment of participation of public administrative bodies in a capital company* In 2020, majority of public administrative bodies pursuant to Section 88 of the State Administration Structure Law (the SASL) are obliged to carry out (...)

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 (...)

16 Jan 2020 B

The EU General Court dismisses in its entirety the action made by a company in the potash mines sector and confirms the existence of aid measures (Iberpotash / EU Commission)

Phedon Nicolaides • January 2020

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

24 Dec 2019 R

Public undertaking: The French Administrative Supreme Court specifies the conditions under which the State may be held liable for the unconstitutionality of the law for failure to respect entrepreneurial freedom (Paris Eiffel Suffren, Paris Clichy, M. Laillat)

Francesco Martucci • N° 2-2020 • pp. 214-216

On 24 December 2019, the Council of State enshrined the principle of State responsibility for the unconstitutionality of a law found to be unconstitutional on the basis of a priority question of constitutionality. However, in the present case, State liability was not incurred on the ground that (...)

1 Oct 2019 R

Individual penalties: The European Court of Human Rights rules that a merging company can be sentenced to a civil fine while the unfair commercial practice has been committed by the absorbed company (Carrefour / France)

Frédéric Buy • N° 1-2020 • pp. 111-112

Question: Can an acquiring company be ordered to pay a civil fine for an unfair commercial practice (in this case, the obtaining of manifestly disproportionate advantages by a large distributor) previously committed by the company it has absorbed? Yes, and three times yes! Yes, firstly, for (...)

18 Sep 2019 R

Illegal aid: The French Supreme Court holds that the damage resulting from the lack of benefit from an unlawful State aid cannot be compensated (EDF / Corsica Sole)

Francesco Martucci, Mélanie Vermorel, Amandine Yahaya • N° 4-2019 • pp. 155-156

In two judgments handed down on 18 September 2019, the Commercial Chamber of the Court of Cassation applied State aid law and held that the damage consisting of the loss of the chance to benefit from a tariff resulting from illegal State aid could not be made good. These judgments were handed (...)

12 Feb 2019 R

Fines: The General Court of the European Union considers that the European Commission has the duty to reimburse the wrongly sentenced company moratorium interests in addition to the amount of the fine unduly paid (Printeos)

Alain Ronzano • N° 2-2019

Where a penalty decision is annulled, the Commission, which is considered to be in default of payment as soon as the fine is paid, is required to reimburse to the wrongly convicted undertaking, in addition to the amount of the fine unduly paid, default interest. By judgment of 12 February 2019 (...)

13 Dec 2018 R

Compensation: The Court of Justice of the European Union puts an end to the dispute over damages for the excessive duration of proceedings before the General Court of the European Union (Gascogne, Kendrion, ASPLA et Armando Álvarez / EU)

Alain Ronzano • N° 1-2019

On 13 December 2018, the Court of Justice of the European Union delivered three judgments in joined cases C-138/17 (European Union v. Gascony Sack Deutschland and Gascony) and C-146/17 (Gascony Sack Deutschland and Gascony v. European Union).inCase C-150/17 (European Union v Kendrion) and in (...)

5 Nov 2018 C

An Antitrust Professor on the Bench - Judge Douglas Ginsburg Liber Amicorum Conference

Andrew C. Finch, Damien Neven, Daniel Crane, Douglas H. Ginsburg, Eric R. Emch, James F. Rill, Jay Jurata, Joshua D. Wright, Justus Herrlinger, Keith Hylton, Marina Lao, Michael A. Salinger, Michael L. Keeley, Richard Steuer, Roger Alford, Scott Andrew Sher, Terry Calvani, Timothy Cornell

George Mason University Global Antitrust Institute + Concurrences conference honoring Judge Douglas Ginsburg and the release of the book "Judge Douglas Ginsburg: An Antitrust Professor on the Bench - Liber Amicorum Vol. I", with the support of Axinn, Bates White, Clifford Chance, CRA, Orrick, (...)

25 Oct 2018 R

Existing aid: The French Administrative Supreme Court considers that State liability cannot be incurred due to the implementation of an existing aid for the period prior to the Commission’s decision declaring its incompatibility with the common market (Ryanair)

Raphaël Vuitton • N° 1-2019 • pp. 161-162

The question of the liability of the State for the granting of State aid is currently the subject of numerous developments in the case law of the French administrative courts. For example, having established that the recovery, even if late, of unlawful aid cannot engage the State’s (...)

16 Jul 2018 R

State aids control: The European Commission adopts a new code of good practices for the conduct of proceedings on State aid control (Code of good practices)

Alain Ronzano • N° 3-2018

On 16 July 2018, the Commission adopted a new Code of Best Practices for the conduct of State aid control procedures. The aim of the Code of Best Practices is to streamline and accelerate State aid control. It complements the reform to modernise state aid policy, which already allows 97% of (...)

12 Jul 2018 R

State aid compatible with the internal market: The General Court of the European Union recognizes to each Member State the right to determine its energy mix and include nuclear energy concerning the case of the nuclear plant of Hinkley Point C (Autriche / Commission)

Alain Ronzano • N° 3-2018

On 12 July 2018, the General Court of the European Union delivered a judgment in State aid case T-356/15 (Austria v Commission)..   The case concerns the UK project to subsidise the construction and operation of a new nuclear power plant using EPR technology at Hinkley Point in Somerset, which (...)

30 May 2018 R

State liability: The French Administrative Supreme Court rejects the appeal of an undertaking challenging the State’s liability for the recovery of unlawful aid (MJA)

Raphaël Vuitton • N° 3-2018 • p. 163

The saga of aid to the Coopérative d’exportation du livre français (CELF) has just been taken a step further. The Conseil d’État has been called upon to rule on an appeal concerning a liability action brought by the liquidator of CELF against the French State, which sought compensation for damage (...)

1 Feb 2018 R

The Passing-on Problem in Damages and Restitution under EU Law, Magnus STRAND

Stéphane Rodrigues • N° 1-2018 • p. 246

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 Nov 2017 R

Imputability to the state: The Court of Justice of the European Union rules that criteria of imputability to the State of a public undertaking measure and of private investor are two distinct criteria and that imputability to the State can be inferred from a set of indicators, without there having to be shown a concrete incentive from public authorities (Servizi assicurativi del commercio estero (SACE) et Sace BT)

Jacques Derenne • N° 1-2018 • pp. 136-138

By its judgment of 23 November 2017, the Court of Justice dismissed an appeal by Servizi assicurativi del commercio estero SpA (SACE) and Sace BT SpA against the judgment of the Court of First Instance of 25 June 2015 (Case T-305/13; see J. Derenne and D. Dauchez) which had annulled, very (...)

24 Aug 2017 B

The Moldovan Competition Authority holds the government accountable for the anti-competitive actions of a State-owned enterprise (Ministry of Finance / Loteria Națională a Moldovei)

Alexandr Svetlicinii • August 2017

On 24 August 2017 the Competition Council (CC) held that the Ministry of Finance has violated competition law by endorsing the decision of the state-owned enterprise to accord favorable treatment to a private company in the gaming market. In 2014 the CC has commenced an investigation into the (...)

7 Jun 2017 R

Recovery: The French Supreme Administrative Court dismisses an undertaking’s appeal challenging the State’s liability for the unlawful granting of an aid of which it has been the beneficiary and for the late recovery of this aid (Le Muselet Valentin)

Raphaël Vuitton • N° 4-2017 • pp. 148-149

Can a Member State be held liable for the unlawful grant of State aid and its late recovery by the recipient of that aid? That is the question which the French Conseil d’État was called upon to decide in the context of an appeal brought by the company Le Muselet Valentin against a judgment of the (...)

10 Jan 2017 R

Reasonable time: The General Court of the European Union rules on damages stemming from the excessive duration of its own proceedings in cartel cases (Gascogne; Kendrion; Aalberts Industries; ASPLA)

Pascal Cardonnel • N° 2-2017 • pp. 153-156

The year 2017 begins with four judgments of the Court of First Instance on the compensation of individuals for breach of the obligation to try within a reasonable time. Those judgments follow the abandonment, at the end of 2013, of the Baustahlgewebe case-law (Case C-185/95), according to (...)

1 Dec 2015 eB

Ian Forrester - A Scot Without Borders Liber Amicorum Vol. II ’[M]ust be interpreted in the light of economic considerations’: some reflections on the case law of the EFTA Court

Carl Baudenbacher

77 Ian S. Forrester | A Scot without Borders - Liber Amicorum - Volume II ‘[M]ust be interpreted in the light of economic considerations’: some re?ections on the case law of the EFTA Court CARL B AUDENBACHER I. Introduction In E-8/00 Norwegian Federation of Trade Unions and Others v Norwegian (...)

29 Sep 2015 B

The Indian Competition Authority dismisses allegations of abuse of dominance against a state tax department because challenged activities do not make it an "enterprise" and therefore Competition Act has no jurisdiction (Taj Pharmaceuticals / The Department of Sale Tax & Professional tax)

Man Mohan Sharma • September 2015

CCI closes case of abuse of dominance and unfair trade practices against Maharashtra’s Department of Sales Tax* The CCI in its order dated September 29, 2015 dismissed allegations against Departments of Sales Tax/Professional Tax (Department).Taj Pharmaceuticals(Informant) complained that the (...)

12 May 2015 B

The Indian Competition Authority exonerates government departments from abuse of dominance charges on the grounds that state authorities do not fall under provisions of the Indian Competition Act (Builders Association of India / State of Kerala)

Man Mohan Sharma • May 2015

CCI exonerates state of Kerala, Kerala Public Works Department, Kerala State Construction Corporation and, Finance Department, Kerala for alleged abuse of dominance* CCI by its order dated May 12, 2015, rejecting the allegations of Builders’ Association of India (Kerala Chapter) (BAI), held (...)

16 Feb 2015 R

Imputability : The Court of Justice of the European Union considers that the imputability of a measure to the State is not excluded by the mere fact that the managing director of a public undertaking granted guarantees to another undertaking in breach of the internal rules of the former undertaking and without its knowledge (Commerz Nederland, Havenbedrijft Rotterdam)

Bruno Stromsky • N° 1-2015 • pp. 151-152

In the context of a preliminary question, the Court was led to clarify the concept of imputability of a measure to the State and the meaning of its leading judgment on the subject, the Stardust judgment (judgment of the Court of 16 May 2002 in Case C-482/99 France v Commission). The atypical (...)

11 Sep 2014 R

Failure of a Member State : The Court of Justice of the European Union declares that a Member State failed to fulfil its obligation even if the delay to take all the measures necessary to recover the State aid was due to the bringing of national actions by the recipient (Commission / Germany)

Jérôme Gstalter • N° 4-2014 • pp. 184-186

Following an earlier annulment, on 14 December 2010 the Commission adopted Decision 2011/471/EU on the State aid which Germany had granted to the Biria Group (OJ 2011 L 195, p. 55). In that decision, the Commission found that Bike Systems (now MB System) had received State aid which was (...)

4 Sep 2014 R

Road transport : The Court of Justice of the European Union rules that article 101 TFEU, read in conjunction with Article 4(3) TEU, precludes national legislation pursuant to which the minimum operating costs are fixed by a body composed mainly of representatives of the economic operators concerned (API)

Francesco Martucci • N° 4-2014 • pp. 245-248

The case law of the Court of Justice on State regulations is regularly applied and rarely leads to a finding by the court that provisions of national law are incompatible with Article 101 TFEU, read in conjunction with Article 4(3) TEU. The judgment of 4 September 2014 will therefore be all the (...)

10 Jul 2014 R

EMCF : The UNCTAD Euro-Mediterranean Competition Forum is dedicated to issues of independence and scope of responsibilities of national competition authorities in the Mediterranean countries

François Souty, Stéphanie Yon-Courtin • N° 4-2014 • pp. 266-268

Last year, the Euro-Mediterranean Competition Forum was launched in an informal legal framework, but in the UN premises in Geneva where UNCTAD’s activities are carried out (see F. Souty - S. Yon-Courtin, "Euro-Mediterranean Competition Forum, first workshop", p. 3).). The work of this third (...)

30 Apr 2014 R

Notion of advantage : The General Court of the European Union recalls the case law of the Court on the notions of advantage and imputability to the State (Dunamenti Erőmű, Tisza Erőmű)

Jacques Derenne, Mélanie Pérez • N° 3-2014 • pp. 154-155

[ Trib. EU, 30 April 2014, Dunamenti Erőmű c/ Commission, Case T-179/09Trib. EU, 30 April 2014, Tisza Erőmű v Commission, Case T-468/08 On 30 April 2014, the Tribunal delivered two judgments concerning power purchase agreements in Hungary. Although the two cases are factually linked, as they (...)

26 Mar 2014 B

German Competition Authority clarifies requirements for state liability in illegal prohibition of a merger by the Federal Competition Authority (GN Store Nord II)

Philipp Werner • March 2014

The case before the Oberlandesgericht, (Higher District Court of Düsseldorf (OLG Düsseldorf)) related to a damages claim brought by Phonak against the Federal Republic of Germany based on the German rules of state liability (Section 839(1)(1) of the German Civil Code (BGB) in conjunction with (...)

13 Feb 2014 R

Rail network: The Court of Justice of the European Union clarifies Member States’ opportunities to collect increase fees (Commission / Bulgaria)

Hubert Delzangles, Sebastien Martin • N° 2-2014 • p. 180

In the judgment of 13 February 2014, the Court of Justice of the European Union had to consider an action brought by the Commission on 29 March 2012 against Bulgaria. The guardian institution of the European Treaties alleged that the Member State had failed to fulfil its obligations by allowing (...)

10 Dec 2013 B

The EU Court of Justice examines the concept of state attributability in relation to a fiscal exemption previously approved by the Council (Eurallumina)

Phedon Nicolaides • December 2013

The Possibly Conflicting Roles of EU Institutions on State Aid* Introduction On 10 December 2013, the Court of Justice, in C‑272/12 P, wrote another chapter in the long-running case of the exemption from excise taxes for alumina producers in France, Ireland and Italy. This is not the last (...)

27 Aug 2013 B

The Belgian Competition Council dismisses the College of Prosecutors’ claim that BSE laboratories had shared markets and sensitive information on price on the basis of the ’Act of State Defence’ doctrine (BSE tests)

Norman Neyrinck, Nuna Van Belle • August 2013

I. The Parties The BSE laboratories test cattle for Bovine spongiform encephalopathy, commonly known as the mad cow disease. The cattle slaughterhouses provide BSE laboratories with samples of their cattle to enable the laboratories to run tests. The Federation of Belgian Meat (FEBEV) is the (...)

30 May 2013 R

Notion of State aid: The Court of Justice considers that the mandatory voluntary contributions are not a State aid (Doux Elevage SNC et Coopérative agricole UKL-ARREE)

Cédric Kaczmarek, Jacques Derenne • N° 3-2013 • p. 130

The Court’s judgment in this case brings to an end a long debate which had been going on for several years between the French authorities and the Commission at European level and, in France, between the Court of Auditors and the Council of State at national level, concerning the classification (...)

14 May 2013 B

The US District Court for the Eastern District of Michigan certifies a class for liability only (Miri / Dillon)

Christopher J. Cormier, Douglas Richards • May 2013

The plaintiffs, a Michigan brew pub and its owner, brought a class action asserting that standard practices of the Michigan Treasury Department, involving issuance of warrants without judicial approval and search and seizure of property without advance notice, involve routine violations of due (...)

1 May 2013 R

Germany: The Regional Court of Cologne dismisses an action for public liability after the unlawful prohibition of a merger project (Phonak)

Florian Bien • N° 2-2013 • p. 190

Cologne Regional Court, judgment of 6 February 2013, Phonak v. Federal Republic of Germany, 5 O 86/12 The Cologne Regional Court (Landgericht) is the first German court which, following the judgments of the Court of Justice and the Court of the European Union in Schneider v Legrand (judgment (...)

1 May 2013 R

Free legal aid: The Council of State does not recognize the responsibility of the State because of free legal aid (M. B. - M. C.)

Fabien Tesson • N° 2-2013 • p. 185

The issue of competition of private activities by public activities is understandably a major and recurring theme of modern administrative law. Du commerce en détail (CE Sect., May 30, 1930, Chambre syndicale du commerce en détail de Nevers, Leb. p. 583; RDP 1930, p. 530, Josse Conclusion; S. (...)

18 Apr 2013 R

Rail transport: The Court of Justice condemns France for a failure to fulfil obligations resulting from European Union law regarding rail transport (French Republic)

Emmanuel Guillaume, Simon Daboussy • N° 3-2013 • p. 161

On 18 April 2013, the Court of Justice of the European Union (hereinafter CJEU) ruled against France for failure to fulfil its obligations under Union law in the field of rail transport. The European Commission had filed an action for failure to fulfil obligations against France and several (...)

18 Apr 2013 R

Failure to fulfil European law obligations: The Court of Justice condemns France for not having legally separated the management of rail infrastructures with the incumbent operator providing services (France)

Amélie Beaux • N° 3-2013 • p. 168

This judgment is part of a series of similar infringement actions brought by the Commission under Article 258 TFEU against Hungary (C-473/10), Spain (C-483/10), Poland (C-512/10), Greece (C-528/10), the Czech Republic (C-545/10), Austria (C-555/10), Germany (C-556/10), Portugal (C-557/10), (...)

21 Mar 2013 R

Failure to fulfil its obligations: The Court of Justice condemns Italy for non compliance with a European Commission’s decision and recalls the obligations of loyal cooperation bearing on Member States, and those relating to the recovery from bankrupt beneficiaries, within the framework of aid scheme (Italy)

Jacques Derenne • N° 2-2013 • p. 126

CJEU, 21 March 2013, Commission v. Italy, Case C-613/11 This is a classic case of failure to recover illegal and incompatible aid within the time limit laid down in a Commission Decision (2008/92/EC of 10 July 2007 on an aid scheme for the shipping sector in Sardinia). Only a few remarks are (...)

19 Mar 2013 R

Public statements of the government: The Court of Justice annuls the General Court of UE’s judgment in the case of the public statements in favour of an undertaking in financial difficulty and confirms that the measures conferred an advantage to the undertaking through State resources (Bouygues and Bouygues Télécom, French Republic)

Jacques Derenne • N° 2-2013 • p. 129

CJEU, 19 March 2013, Bouygues and Bouygues Télécom v. European Commission, and Commission v. French Republic, Joined Cases C-399/10P and C-401/10P. The effectiveness of some of the Court’s judgments reflects the irrefutable nature of certain rules. This judgment of the Court is proof of this. In (...)

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