Search results - Concurrences

7 Jan 2021 B

The Spanish Competition Authority authorises global concession catering brand’s acquisition of multinational catering company subject to conditions (Areas / Autogrill)

Spanish Competition Authority • January 2021

The CNMC authorises Areas’s acquisition of Autogrill subject to conditions* Areas agrees to release a total of five establishments by the end of 2021, through the early termination of the contracts on some premises or by not submitting an offer for those premises that are about to expire. It (...)

20 Nov 2020 B

The Swedish Competition Authority fines a municipal-owned company for an illegal direct award of a contract for 19 event arrangements (Affärsverken Karlskrona)

Swedish Competition Authority • November 2020

Event arrangement considered an illegal direct award of contract* The company Affärsverken Karlskrona AB failed to comply with the procurement rules when the company entered into a contract for several event arrangements to a value of SEK 1.6 million. The Swedish Competition Authority is of the (...)

13 Oct 2020 B

The Mexican Competition Authority proposes 12 measures on economic competition matters to support the recovery of the national economy as a result of the COVID-19 health crisis

Mexican Competition Authority • October 2020

COFECE proposes 12 measures on economic competition matters to support the recovery of the Mexican economy* As a result of the health crisis, markets could further concentrate. Guaranteeing inclusion and permanence of a wide range of companies is the best way to ensure a sustainable recovery (...)

6 Oct 2020 B

The Portuguese Competition Authority prohibits acquisition in passenger transportation in central Portugal due to the risk of eliminating competition (Grupo Fundão / Transdev Group)

Portuguese Competition Authority • October 2020

AdC prohibits the acquisition of Grupo Fundão by the Transdev Group due to risk of eliminating competition in passenger transportation in central Portugal* The AdC (Portuguese Competition Authority) issued a prohibition decision relative to the acquisition of Grupo Fundão as well as of the (...)

10 Jul 2020 R

SGEI: The French Supreme Administrative Court considers that the exclusive rights granted to two electricity distributors are compatible with European Union law (Enedis and EDF)

Aurore Laget-Annamayer • N° 4-2020 • pp. 233-235

In a judgment dated 10 July 2020, the Council of State ruled that exclusive rights to distribute electricity and supply at regulated sales tariffs are compatible with European Union law. It therefore accepted the absence of competitive tendering for distribution concession contracts and their (...)

7 Jul 2020 B

The Italian Competition Authority reports to Parliament and the Government on the Relaunch Decree related to COVID-19

Italian Competition Authority • July 2020

S3940 - ICA: report to Parliament and the Government on Relaunch Decree issues At the meeting held on the 1st July 2020, the Authority resolved, pursuant to article 21 of Italian Law no. 287/1990, to report certain provisions of Italian Decree Law no. 34 of 19 May 2020 on Urgent measures (...)

3 Jun 2020 B

The Italian Competition Authority investigates whether a current gas distribution concessionaire abused dominance to delay competitive bidding for the next concession (Italgas Reti)

Italian Competition Authority • June 2020

ICA: investigation launched into Italgas to verify abusive practices in the tender for the gas distribution service in some municipalities in the province of Venice* The Authority has decided to launch an investigation to verify whether Italgas Reti Spa, the current operator under extension of (...)

28 May 2020 B

The Swedish Competition Authority fines a municipality for illegal direct award of a contract for a golf course (Kalix Municipality)

Swedish Competition Authority • May 2020

Kalix has performed an illegal direct award of the operation of a golf course* Kalix Municipality has performed an illegal direct award of the operation of a golf course. This is the conclusion of the Swedish Competition Authority, which is now presenting a claim for the municipality to be (...)

20 May 2020 B

The Mexican Competition Authority invites the public to complete a questionnaire on competition in rail transport

Mexican Competition Authority • May 2020

COFECE invites the public to complete a questionnaire on competition in rail transport* With this exercise, the Commission initiates its works to draft a document about competition in the public service for rail freight transport aimed at detecting possible obstacles to the efficient (...)

11 May 2020 B

The Dutch Competition Authority recommends to the Dutch government to include a requirement to cooperate in the tender conditions for a new train service to Germany (Train between Eindhoven and Düsseldorf)

Dutch Competition Authority • May 2020

ACM recommends Dutch government to include a requirement to cooperate in the tender conditions for a new train service to Germany* A requirement to cooperate with other market participants may be included in the concession conditions of the international rail service between the Dutch city of (...)

11 Apr 2020 B

The EU Commission approves Belgian scheme deferring payment by Walloon airports of concession fees to mitigate economic impact of COVID-19 outbreak

European Commission • April 2020

State aid: Commission approves Belgian scheme deferring payment by Walloon airports of concession fees to mitigate economic impact of coronavirus outbreak* The European Commission has approved a Belgian scheme deferring the payment by Walloon airports of concession feesto mitigate the economic (...)

19 Mar 2020 R

Public service contract: The Court of Justice of the European Union interprets Article 8 of Regulation 1370/2007 in order to determine the date on which the maximum duration of public service contracts begins to run (Compañía de Tranvías de La Coruña)

Francesco Martucci, Sonia Holzmann • N° 4-2020 • pp. 228-229

By judgment of 19 March 2020, the Court of Justice of the European Union clarified the interpretation of Article 8 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council (...)

26 Feb 2020 R

Service concession: The French Administrative Supreme Court rules on the legality of a selection criterion for bids relating to a possible need of the granting authority (Commune de Saint-Julien-en-Genevois / JCDecaux)

Jean-Victor Maublanc • N° 3-2020 • pp. 186-187

The obligation imposed on the granting authority to define its needs prior to the award of the contract shall not preclude it from anticipating, to the extent possible, those that may arise during the performance of the contract. This is the essence of the order issued by the Conseil d’État on 26 (...)

11 Dec 2019 R

Merger: The French Competition Authority considers that the acquisition of Toulouse-Blagnac Airport by the Eiffage group rules out any risk of harm to competition in public works markets (Toulouse-Blagnac Airport / Eiffage)

Jean-Philippe Kovar • N° 2-2020 • pp. 225-226

The Competition Authority was called upon to rule, under merger control, on the acquisition by the Eiffage group of the 49.99% stake held by Casil Europe in the capital of the concession company for Toulouse-Blagnac airport (ATB). In its competitive analysis, the Authority emphasises in (...)

6 Dec 2019 B

The OECD holds a roundtable on competition for-the-market

OECD • December 2019

Some products have characteristics that lead firms to compete to be the supplier of a whole market of product or services, rather than for market share (whether it be a share of units, of contracts or of consumer relationships). These might for example include: a) natural monopolies (with large (...)

27 Nov 2019 R

Selective distribution: The Paris Court of Appeal refuses to sanction a refusal of approval on the grounds that it constitutes neither an agreement nor a breach of the general duty of good faith, which is assessed without distinction according to the type of network (Garage de Bretagne / Mercedez-Benz France)

Philippe Vanni • N° 1-2020 • pp. 96-97

The articulation of case law solutions rendered on the basis of general liability law and competition law regarding the refusal of approval of network candidates meeting the selection criteria set by the promoter of a selective distribution network is still at the heart of this quarter’s case (...)

19 Nov 2019 B

The Italian Competition Authority conditionally clears a merger in the market for distribution of natural gas (Rami Distribuzioni)

Michele Giannino • November 2019

With a II-Phase conditional clearance decision, the Italian Competition Authority (ICA) has closed the review of the merger notified in the Rami Distribuzioni case. The ICA had concerns that the merger might negatively affect competition in the market for the distribution of natural gas. (...)

12 Nov 2019 R

Exclusive distribution: The Court of Appeal of Lyon sanctions the grantor for breach of its obligation to police his network (Point S)

Lucas Bettoni • N° 1-2020

The judgment under consideration examines under competition and contract law a practice which is particularly harmful to members of an exclusive dealership network: active sales by a neighbouring dealer in the territory reserved for them by the grantor. The operator of a garage offering (...)

6 Nov 2019 R

Exclusive distribution: The Paris Court of Appeal rules that the supplier is not required to favour the retraining of the concessionaire and that the provisions of the French Commercial Code relating to price transparency and unfair commercial practices apply to the automotive sector (Monchapet Automobiles and Est Automobiles / Mazda Automobiles)

Nicolas Éréséo • N° 1-2020 • pp. 100-101

The ruling handed down on 6 November 2019 by the Paris Court of Appeal deserves particular attention in that it illustrates a worrying phenomenon: the increasing pollution of the entire distribution law by provisions that were initially intended for the large-scale distribution sector alone. (...)

6 Nov 2019 R

Exclusive distribution: The Paris Court of Appeal rules that the provisions of the Commercial Code relating to price transparency and unfair commercial practices apply to the automotive distribution sector (Mazda / Montchapet Automobiles)

Nicolas Éréséo • N° 1-2020

The judgment under comment deserves particular attention in that it illustrates a worrying phenomenon: the increasing pollution of the entire distribution law by provisions which were originally intended for the large-scale distribution sector alone. In the present case, two companies (...)

6 Nov 2019 R

Sudden break: The Court of cassation agrees with a raise of article L. 442-6, I, 5° C. com. (Aliantis / Automobile Carrosserie de Bagneux)

Clémence Mouly-Guillemaud • N° 1-2020

An apparent duplicate. Because the provisions of article L. 442-1, II (formerly article L. 442-6, I, 5°) of the Commercial Code sanction by extra-contractual liability the breach without sufficient foresight of a commercial relationship which itself is based on a contract whose content, if not (...)

24 Oct 2019 B

The EU General Court confirms the Commission ruling on the calculation of the amount of compensation resulting from contractual obligations in the motorways sector (Autostrada Wielkopolska)

Phedon Nicolaides • October 2019

COMPENSATION TO A TOLL ROAD OPERATOR* Introduction When is a company entitled to compensation by the state? The easy answer is “when the state is liable for damage”. However, it may be possible for a company to claim compensation from the state when the state has assumed contractual (...)

24 Oct 2019 R

Existing aid: The General Court of the European Union confirms a negative European Commission’s decision while the Member State concerned and the beneficiary supported divergent views as to the existence of aid in the circumstances (Autostrada Wielkopolska)

Jacques Derenne • N° 1-2020 • pp. 135-137

The case in question concerns a concession, prior to Poland’s accession to the European Union, for the construction and operation of a toll motorway for a period of forty years. In return for its costs and risks, the concessionaire (Autostrada Wielkopolska) was entitled to collect the tolls paid (...)

17 Oct 2019 R

Electricity: The Court of Justice of the European Union clarifies the concepts of electricity transmission system and electricity distribution system (ER Yug / KEVR)

Francesco Martucci, Pauline Cabany • N° 1-2020 • pp. 157-159

In a judgment of 17 October 2019, the Court of Justice of the European Union clarified, in the context of a reference for a preliminary ruling, the concept of electricity transmission and distribution networks under Directive 2009/72 (Directive 2009/72/EC of the European Parliament and of the (...)

15 Oct 2019 R

Selective distribution: The Paris Court of Appeal rules that a concessionaire may invoke an implicit non compete obligation at the expense of the grantor (Aéroports de Paris / La Conciergerie Paris Airports)

Nicolas Éréséo • N° 1-2020

The judgment under comment does not concern distribution contracts but will be of interest to all professionals who practice them in that it deals with well-known subjects such as the possibility of invoking an implicit exclusivity or the conditions of application of the so-called "Doubin" law. (...)

9 Sep 2019 B

The Latvian Competition Authority imposes interim measures suspending concession agreements concluded between a municipality and two waste management companies (Riga Municipality / Getliņi EKO / Tīrīga)

Latvian Competition Council • September 2019

The Competition Council adopts a decision imposing interim measures regarding waste management in Riga* On September 9th the Competition Council of Latvia (the CC) adopted a decision imposing interim measures on Riga Municipality and the limited liability company owned by it – SIA Getliņi (...)

18 Jul 2019 R

New Caledonia: The Competition Authority of New-Caledonia issues an opinion on the procedure for renewing the public service delegation relating to the electricity distribution concession for the Municipality of Noumea (Electricity distribution concession for the Municipality of Noumea)

Mathilde Arnoux • N° 4-2019 • pp. 195-198

The New Caledonian Competition Authority (hereinafter "ACNC") was approached in January 2019 by the municipality of Nouméa regarding the procedure for the renewal of the public service delegation for the electricity distribution concession of the municipality. On 18 July 2019, the New Caledonian (...)

5 Jul 2019 R

Italy: The Italian Supreme Court rules on the starting point of the limitation period in antitrust law and the value of the decisions of the Italian Competition Authority in follow-on actions (OMISSIS)

Silvia Pietrini • N° 1-2020 • pp. 195-196

By an order of 5 July 2019, the Italian Court of Cassation returned to the question of the starting point of the limitation period in anti-competitive practice law and the value of the decisions of the Authority for the Protection of Competition and the Market (hereinafter ’AGCM’) in follow-on (...)

27 Jun 2019 B

The District Court of Rotterdam annuls a €41 million fine imposed by the Dutch Competition Authority on a railway operator for allegedly abusing its dominant position (Nederlandse Spoorwegen)

Mariska Van De Sanden, Tialda Beetstra • June 2019

ABUSE OF DOMINANCE FINE OF € 41 MILLION FOR DUTCH RAILWAY OPERATOR ANNULED* Introduction The Authority for Consumers and Markets (“ACM“, the Dutch competition authority) was in 2017 – after years of silence – finally able to fine an undertaking for abuse of dominance. A heavy fine of almost € 41 (...)

27 Jun 2019 B

The Dutch District court annuls a €41 million fine imposed on a rail transport incumbent for allegedly abusing of its dominant position (Nederlandse Spoorwegen)

Pauline Kuipers, Piet-Hein Eijssen • June 2019

On 27 June 2019 the District Court of Rotterdam annulled the decision of the Authority for Consumers and Markets ("ACM", the Dutch competition authority) to impose a fine of € 41 million on Dutch rail transport incumbent N.V. Nederlandse Spoorwegen ("NS") for abusing its dominant position (100%) (...)

19 Jun 2019 R

Franchise: The French Supreme Court and the Paris Court of Appeal consider that the franchisor or licensor is not required, by virtue of its duty to assist, to renegotiate terms of the agreement to remedy the distributor’s economics difficulties (Steelcase / Diapason ; Bourgoin Spirit / Esprit corps de France...)

Nicolas Ferrier • N° 4-2019 • pp. 109-111

A number of recent decisions call for a review of the obligation on network promoters to assist their distributors faced with economic difficulties. While this issue presents obvious practical challenges, it raises more fundamental questions about the legal approach to contractual (...)

16 May 2019 R

Selective distribution:The Paris Court of Appeal rules on a case of termination of a distribution contract because of the failure to complete the non-resale provision to an out-network reseller (NDP / Automobiles Peugeot)

Karine Biancone • N° 3-2019

Open-ended dealership agreements will be signed in 2011 between N (dealer) and Automobiles Peugeot (grantor) for the distribution and after-sales service of Peugeot vehicles from the Paris (17th), Asnières, Chambly and Saint-Brie sites. They provided for incentive bonuses (relating to the rate (...)

7 May 2019 R

Franchise: The Paris Court of Appeal and the French Court de cassation define the notion of partners in established business relationships (Rotosiam / Carrefour...)

Clémence Mouly-Guillemaud • N° 3-2019

The continuation of the relationship in the event of a sale of the fund After having affirmed, without the slightest reservation, that the assignee of a fund which is addressed to an economic partner of the assignor was continuing the relationship of his predecessor (Com., 2 Nov. 2011, No. (...)

26 Apr 2019 R

Clearance: The French Competition Authority considers having jurisdiction to examine, under merger control rules, the creation of a joint venture operating a public transport service concession and approves, subject to commitments, its creation (RATP, Keolis)

Eric Paroche, Victor Levy • N° 3-2019 • pp. 118-119

In January 2017, the State published a call for tenders for the operation of CDG Express, the future direct rail link between Paris (Gare de l’Est station) and Paris-Charles de Gaulle airport, for a period of 15 years. In November 2018, the State awarded the service concession to the consortium (...)

3 Apr 2019 R

Exclusive distribution: The Paris Court of appeal holds a ruling on the licensor’s liability following the voidance of a contract (Bourgoin Spirit / Esprit de Corp)

Anouk Bories • N° 3-2019

In 2005, a clothing retailer, E., signed a concession contract with BS for a clothing retail store in Bourgoin Jallieu. At the end of 2009, the company E. tacitly authorised the managers to sell the products of its brand in a second establishment, located in Tignieu-Jameyzieu, operated by the (...)

29 Mar 2019 R

Progressive royalty: The French Constitutional Court rules that the progressive royalty introduced by article L 132-16 of the Mining Code complies with the French Constitution (Vermilion REP)

Jeremy Martinez • N° 4-2019 • pp. 189-190

The issue raised before the Council was Article L. 132-16 of the Mining Code. This provision establishes a heavy royalty for holders of hydrocarbon mining concessions, the rate of which varies according to the volume of production. In a dispute before the court concerning the payment of these (...)

15 Mar 2019 R

Public market: The French Administrative Supreme Court identifies a vice of a particular gravity in the public person’s willingness to favour a candidate (SAGEM)

Fabien Tesson • N° 3-2019 • pp. 196-197

The commented decision is a perfect illustration of the evolution of contractual litigation and provides interesting elements concerning the defects that may affect the competitive tendering of public contracts and lead to their being called into question. The case is also remarkable for the (...)

29 Jan 2019 R

"Fix-it-first" remedies: The French Competition Authority clears a merger and renders legally binding the concession of a licence agreement (Alsa / Dr. Oetker)

Olivier Billard, Guillaume Fabre, Margaux Serra • N° 2-2019 • pp. 110-113

By Decision No. 19-DCC-15 of 29 January 2019the Competition Authority has authorised the acquisition of Alsa France and the intangible assets necessary for the manufacture and sale of food products under the Alsa and Moench brands by the Dr. Oetker group (owner of the Ancel and Dr. Oetker (...)

23 Jan 2019 R

Refusal to grant approval: The Paris Court of Appeal considers that the refusal to grant approval by the head of a selective distribution network results from the execution of an agreement and not from a unilateral practice (Palau / Mazda)

Alain Ronzano • N° 2-2019

The Paris Court of Appeal rightly points out that the refusal of approval in a selective distribution network is the result of the execution of an agreement of wills and not of a unilateral practice, and confirms Mazda France’s right not to renew the contract of an authorised repairer, following (...)

19 Sep 2018 R

Concession contract: The Paris Court of Appeal refuses to convert a fixed term contract of employment into a permanent contract despite a five year exclusivity clause (SBA, SBB / Agco Distribution, Etablissements P.)

Lucas Bettoni • N° 4-2018

The judgment under comment, delivered in connection with an exclusive concession network, will be of interest to the lover of contract law in that it deals with the question of whether a contract is to be classified as a contract of indefinite or definite duration. It is well known that, in (...)

25 May 2018 R

Concession of non-public service: The French Administrative Supreme Court confirms the requalification of urban furniture contracts in service concessions (Girod Média)

Arnaud Sée • N° 3-2018 • p. 190

The new definition of the concession contract, resulting from the order of 29 January 2016, now makes it possible to reclassify certain contracts previously identified as public-sector occupation agreements or public contracts. The Conseil d’État thus confirms that street furniture contracts are (...)

24 May 2018 B

The Moldovan Competition Authority orders a municipal administration to annul its discriminatory regulations on the location of street vending units (Chisinau Municipal Council)

Alexandr Svetlicinii • May 2018

On 24 May 2018, the Competition Council of the Republic of Moldova (CC) found the Chisinau Municipal Council (CMC) in violation of Competition Act for imposing restrictions on the location of the street vending units . The CC’s investigation was prompted by the complaint of Alitela Prim SRL (...)

1 May 2018 R

Mélanges en l’honneur du Professeur Gérard Marcou

Stéphane Rodrigues • N° 2-2018 • p. 242

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 (...)

1 May 2018 R

Droit de la distribution, Frédéric BUY, Marie LAMOUREUX et Jean-Christophe RODA

Stéphane Rodrigues • N° 2-2018 • p. 243

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 Apr 2018 R

CEPC: The French Commission for Examination of Unfair Commercial Practices examines compliance with the law of clauses introduced in exclusive concession contracts as from renewal of those contracts (Agricultural equipment)

Valérie Durand • N° 3-2018 • pp. 120-121

The CEPC was referred to it by a trade union concerning two clauses inserted in exclusive concession contracts when they are renewed, it being specified that the contracts in question are concluded between a company operating in the agricultural equipment sector and the members of its (...)

5 Feb 2018 R

Urgency: The French Administrative Supreme Court specifies the exceptions to the competitive tendering and publicity rules in cases of urgency (Ville de Paris)

Fabien Tesson • N° 3-2018 • pp. 188-190

The decision presented sheds new light on the possibilities for exemptions from the rules on advertising and competitive tendering in the area of service concessions, justified by urgency. In view of the textual dynamic of reducing the hypotheses in which administrative authorities may exempt (...)

1 Feb 2018 R

Droit de la distribution, Didier FERRIER and Nicolas FERRIER

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 (...)

13 Dec 2017 R

State aid: The General Court of the European Union confirms the decision of the Commission in the case of state aid in favor of the contract of concession holder for the exploitation of container terminal in the Port of Piraeus (Hellenic Republic /Commission)

Alain Ronzano • N° 1-2018

On 13 December 2017, the General Court of the European Union delivered a judgment in State aid case T-314/15 (Hellenic Republic v Commission). It rejects all the pleas in law put forward by Greece in its action for annulment of the Commission’s decision of 23 March 2015 concerning the State aid (...)

15 Nov 2017 R

Public domain : The French Supreme Administrative Court specifies the conditions in which a binding agreement to sell goods belonging in the public domain can be validly executed and indicates that a significant reduction in the scope of a concession contract constitutes a substantial change and is therefore illegal (SEMEPA)

Grégory Marson • N° 1-2018 • pp. 198-200

On 29 December 1986, the municipality of Aix-en-Provence (the ’Commune’) concluded an agreement with the Société d’Economie Mixte d’Equipement du Pays d’Aix (SEMEPA) concerning the concession for the management of the public service of off-street paid parking and the operation of seven on-street (...)

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