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COVID-19: The Government adopts two ordinances relating to the extension of time limits during the period of health emergency and the adaptation of procedures during the same periodYour search returned 23 results Periodic penalty
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The impact of Orders n° 2020-306 of March 25, 2020 and n° 2020-427 of April 15, 2020 on business contracts In accordance with the authorization granted by Parliament in Emergency Act No. 2020-290 of 23 March 2020 to deal with the covid-19 epidemic, the Government adopted "deadline" Ordinance No. (...)
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The Paris Commercial Court grants interim measures to a large food retailer imposing on one of its suppliers of non-alcoholic beverages to resume its deliveries (Intermarché / Coca-Cola)Following the Coca Cola European Partners’ decision (hereinafter ’Coca-Cola’) to stop delivering its products to ITM Alimentaire International (hereinafter ’ITM’), ITM applied for interim measures before the Paris Commercial Court (hereinafter the “Court”) in early 2020. On January 16th, 2020, the (...) -
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Misleading prices: The French Supreme Court address the issue of the misleading character of certain promotional offers and those of the frequency and the reference price for such offers (Royaume Équilibre ; Optical Center)Price promotion has become so frequent in the eyes of the consumer homo œconomicus that one might wonder whether, in his mind, promotional buying, once motivated by the feeling of making a good deal, has not become the principle and non-promotional buying the exception. Some professionals (...) -
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The South African Competition Tribunal dismisses a cartel complaint in the power cables market, despite settlements by other respondents (Tulisa Cables / Alvern Cables / South Ocean Electric Wire Company / Abedare Cables)South Africa: Competition Tribunal dismisses cartel complaint despite settlements by other respondents* On 15 January 2019, the South African Competition Tribunal (“Tribunal”) dismissed the Competition Commission’s (“Commission”) cartel complaint against Tulisa Cables. Tulisa Cables was one of four (...) -
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The Turkish Competition Authority fines a company for obstructing an on-site inspection by cutting off electricity and preventing internet access (Mosaş)Background The Turkish Competition Board (“Board”) initiated a preliminary investigation on March 8, 2018 (Decision No. 18-07/124-M), in the traffic signalization sector. Subsequently, the Turkish Competition Authority’s (“TCA”) case handlers conducted an on-site inspection on June 5, 2018, at the (...) -
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The Indian Competition Authority finds a professional pharmaceutical association guilty of anticompetitive conduct but refrains from imposing a fine because the association has already recently been fined for similar conduct (Karnataka Chemists and Druggists Association)CCI finds Karnataka Chemist and Druggists Association (KCDA) in violation of Section 3(3) of the Act* CCI by its order dated March 2, 2017 has found that KCDA violated Section 3(3) of the Act. Being prima-facie satisfied by the information filed, the CCI ordered investigation into the matter. (...) -
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Non-compliance with mandatory remedies : The EU General Court says that the Commission does not have to reopen the procedure in case of non compliance of an undertaking with mandatory remedies and can take into account the actions already taken by national competition authorities, especially when they already sanction the illegal conduct (CEEES)By judgment delivered on 6 February 2014 in Case T-342/11 (CEEES and Others v Commission), the General Court of the European Union dismisses the action brought by two professional bodies representing the interests of Spanish service station operators against the Commission’s decision of 28 April (...) -
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The Moldovan Competition Authority for the first time applies procedural penalties for obstruction of investigation under the new competition law (Voiaj International)On 30 August 2013 the Moldovan Competition Authority (CC) has adopted a decision sanctioning travel agency SRL Voiaj International & Co for the refusal to provide CC officials access to the business premises during a ‘dawn raid’ and imposed a periodical penalty until the access is enabled. (...) -
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Unfair competition: The Court of cassation clarifies the limits of the injunction (Noirot/JP)"Cass. com, October 9, 2012, No. 11-28.498, Noirot v. JP outillages distribution". The ruling handed down by the Commercial Chamber of the Court of Cassation on 9 October 2012 is interesting in that it clarifies the termination regime that can be ordered in the context of an action for unfair (...) -
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Penalty: The General Court reduces slightly the amount of a fine imposed in 2008 (Microsoft)Trib. EU, 27/6/2012, Microsoft v Commission, Case T-167/08 The judgment of the Court of First Instance of 27 June 2012 is the epilogue of the ’Microsoft case’, which began almost 14 years earlier. This judgment provides several clarifications on the concept of periodic penalty payment, envisaged (...) -
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Information request: The General Court dismisses an action brought against a decision ordering the submission of information (Slovak Telekom)Trib. EU, 22 March 2012, Slovak Telekom v. Commission, cases T-458/09 and T-171/10. Following an inspection visit to the premises of Slovak Telecom, an undertaking suspected of abuse of a dominant position, the Commission sent Slovak Telecom a simple request for information under Article 18(1) (...) -
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Recovery: The Court of Justice imposes a penalty the amount of which changes over time in proportion to the progress of the implementation of the Commission’s decision (Italy)CJEU, 17 November 2011, Commission v. Italy, Case C-496/09 An action for failure to fulfil obligations The case before the Court shows once again how difficult it is for States to recover incompatible and unlawfully granted aid when it comes to implementing a Commission decision on a general (...) -
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Unfair competition: The Court of Cassation rules on the assignability of a judicial constraint imposed under unfair competition rules (Absolute/Dipa)Cass. 2nd civ. 7 July 2011, Absolute v. Dipa, No. 10-20296 Can the new operator of a magazine apply for the liquidation of a periodic penalty payment imposed on the predecessor in order to put an end to an unfair competition practice once the predecessor has assigned it to him? This is the (...) -
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Recovery - Sanction: The ECJ imposes penalty on Greece for non-recovery of State aid held illegal in a prior judgment from 2005 (Olympic Airways)ECJ, e.g. Case C-369/07, Commission v. Hellenic Republic, 7 July 2009. In a judgment delivered in Grand Chamber, no doubt because of the importance of the political and financial interests at stake and the desire to give a certain impact to its decision in the face of a particularly heated (...) -
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Dismissal: EU Court of Justice Advocate General Mengozzi proposes to the Court the confirmation of the General Court’s decision in a cartel case, considering that all appeal grounds have to be dismissed (Haberdashery market cartel)The conclusions presented on April 30, 2009, by Advocate General Mengozzi in Case C-534/07 concerning the cartel of needles and other haberdashery products. We remember that on the 12th September 2007, the Court of First Instance of the European Communities had issued a judgment confirming (...) -
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Unfair competition: The Court of Cassation rules on the inability to sell a judicial constraint imposed under unfair competition rules (Absolute c/Dipa)Cass. com, March 3, 2009, Société Absolute v/ Société Dipa, n° 08-10.923 Can the new operator of a magazine apply for the liquidation of a periodic penalty payment imposed on its predecessor in order to put an end to an unfair competition practice? This is the question that was put to the judges of (...) -
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Periodic penalty : The EU Commission imposes an €899 million penalty on a software company for non-compliance with a March 2004 decision (Microsoft)There had been talk of more than EUR 1 billion, or even EUR 1.5 billion, 899 million fine (excuse me!) that the The European Commission decided today, 27 February 2008, to impose on Microsoft for failure to comply with the obligations imposed in the Decision of March 24, 2004, i.e. essentially (...) -
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The Luxembourg Competition Council adopts the first periodic penalty payments following interim measures (Entreprise des Postes et Télécommunications)I Background On 22 January 2008, the President of the Competition Council (the “Council”) handed down, for the first time since the law of 17 May 2004 on competition ("Law on competition") came into force, a decision imposing a limited number of interim measures on the public entity Entreprise (...) -
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Periodic penalty : The Commission imposes a periodic penalty of 280 millions euros on a software company for non-compliance with certain obligations of disclosure which have been made its responsability by the decision of March 2004 and threatens to increase the penalties if the company fails to comply with its obligations by July 31, 2006 (Microsoft)373. Periodic penalty : The Commission imposes a periodic penalty of 280 millions euros to a software company for non-compliance with certain obligations of disclosure which have been made its responsability by the decision of March 2004 and threatens to increase the penalties if the company (...) -
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Daily fine: The Commission considers the imposition of daily fines on a software company for non-compliance with its disclosure obligations for interoperability of its operating system (Microsoft)The European Commission has just indicated that on 21 December 2005, it sent a statement of objections to Microsoft for non-compliance of certain of its obligations under the terms of its previous decision adopted in March 2004 and reiterated in a Decision of 10 November 2005 adopted pursuant (...) -
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Regulation 1/2003: The French legislator modernises the French procedure to EC Reg. 1/2003 (Ordinance N° 2004-1173, 4 Nov. 2004 )Order No. 2004-1173 of 4 November 2004 Ordinance No. 2004-1173 of 4 November 2004 adapting certain provisions of the Commercial Code to Community competition law was adopted pursuant to Article 2 of Law No. 2004-237 of 18 March 2004 empowering the Government to transpose Community directives (...) -
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Procedural competence: The Court of Cassation considers that the Court of Appeal has not full procedural competence on the decisions of the French Competition Council (Lectiel et Groupadress/France Télécom)In a judgment of 29 January 1999, the Paris Court of Appeal, ruling on an appeal against a decision of the Competition Council, annulled that decision and, ruling again, sanctioned the offending practice and issued an injunction to prevent its recurrence. Claiming that that injunction was not (...) -
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Motor vehicle distribution: The Court of Appeal of Orléans applies the motor vehicle ruling n°1400/2002 and submits to periodic penalty the continuation of the contractual arrangement between a car manufacturer and a dealer (Toyota)In a series of commercial court and tribunal decisions appeal decisions in three cases, the judge, without any to apply Motor Vehicle Regulation 1400/2002 directly, proposes an interpretation of some of its provisions, in particular, the following concerning the procedures for appointing (...)