Search results - Concurrences

30 Nov 2020 B

The Dutch Competition Authority clears acquisition of national northern newspapers by media company (Mediahuis)

Dutch Competition Authority • November 2020

ACM clears acquisition of northern newspapers by media company Mediahuis* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of Dutch publisher NDC mediagroep by Mediahuis. NDC is a relatively small competitor on the newspaper market. The acquisition will not (...)

16 Nov 2020 B

The Hellenic Competition Authority releases a statement of objections for alleged abuse of dominant position as well as contractual terms and practices related to the operation of the distribution network against a company in the market of press distribution (ARGOS)

Hellenic Competition Authority • November 2020

Statement of Objections following an ex officio investigation in the market of Press distribution, in relation to alleged infringements of Articles 1 and 2 of Law 3959/2011 and /or Articles 101 and 102 TFEU, as well as an ex officio investigation initiated pursuant to HCC’s Decision No (...)

30 Oct 2020 B

The German Competition Authority finds no competition concerns in 2 newspapers’ joint marketing of advertising space (Süddeutsche Zeitung / Frankfurter Allgemeine Zeitung

German Competition Authority • October 2020

Cooperation between FAZ and SZ in the joint marketing of advertising space is unproblematic in terms of competition law* The Bundeskartellamt has no competition concerns regarding the planned joint marketing of supra-regional advertising space between the German newspapers Süddeutsche Zeitung (...)

8 Oct 2020 R

Intellectual property: The Paris Court of Appeal confirms almost entirely the decision requiring a search engine to negotiate with press publishers (Google)

Alain Ronzano • N° 4-2020

On 8 October 2020, Chamber 5-7 of the Paris Court of Appeal delivered its judgment. on Google’s appeal against the decision no. 20-MC-01 of 9 April 2020The Court of First Instance held that the Authority’s decision was not against Decision No 19-D-26 of 19 December 2019, as stated on the first (...)

8 Oct 2020 B

The Paris Court of Appeal confirms Competition Authority’s decision ordering a search engine to negotiate with news agencies and press publishers (Google)

Michaël Cousin • October 2020

On 8 October 2020, the Paris Court of Appeal rejected Google’s challenge to the French Competition Authority’s ("FCA") decision compelling Google to negotiate "neighbouring rights" with news agencies and press publishers. "Neighbouring rights" include the right to receive payment when a (...)

30 Jun 2020 B

The Danish Competition Authority finds the largest distributor of print circulars guilty of abuse of dominance for tying its print circulars to increasing its market share in digital circulars (FK Distribution)

Danish Competition Authority • June 2020

FK Distribution has abused its dominant position* The Danish Competition Council has decided that the largest distributor of print circulars, FK Distribution, has abused its dominant position. The Council has found that the distributor has had a conduct whereby it could harm competitors on the (...)

26 Jun 2020 B

The UK Competition Authority finds concerns in a digital advertising merger between two companies supplying content recommendation services to major news sites (Taboola / Outbrain)

UK Competition Authority • June 2020

Competition concerns found in digital advertising merger* Taboola’s purchase of Outbrain raises competition concerns in the supply of content recommendation, a type of digital advertising. The Competition and Markets Authority (CMA) has been investigating the anticipated purchase of Outbrain (...)

10 Apr 2020 B

The Dutch Competition Authority unconditionally clears the acquisition of a publishing company and concludes that no in-depth phase II merger control investigation is required as sufficient competition will remain in the online-advertising market and free online news market (Sanoma / DPG)

Pauline Kuipers, Piet-Hein Eijssen • April 2020

On 10 April 2020, the Netherlands Authority for Consumers & Markets (“ACM”) unconditionally cleared the acquisition of publishing company Sanoma Media Netherlands (“Sanoma”) by DPG Media (“DPG”) and concluded that no in-depth phase 2 merger control investigation was required as sufficient (...)

9 Apr 2020 R

Intellectual property: The French Competition Authority requires the dominant operator of search engines to negotiate with publishers and news agencies the remuneration due under neighbouring rights for the transfer of their protected content (Google)

Alain Ronzano • N° 3-2020

Seized in November 2019 by AFP and several professional organisations representing press publishers, denouncing the practices implemented by Google consisting of diverting, if not the letter, at least the spirit and objectives of law no. 2019-775 of 24 July 2019, which created a neighbouring (...)

9 Apr 2020 B

The French Competition Authority imposes interim measures against a research engine suspected to abuse of its dominance by infringing the law relating to neighbouring rights (Google)

French Competition Authority • April 2020

Neighbouring rights: the Autorité has granted requests for urgent interim measures presented by press publishers and the news agency AFP (Agence France Presse)* It requires Google to negotiate with publishers and news agencies the remuneration due to them under the law relating to neighbouring (...)

9 Apr 2020 B

The French Competition Authority issues interim measures requiring a big tech company to negotiate in good faith with press publishers the terms and conditions for the re-use of their content (Google / Alliance)

Tim Kasten • April 2020

On 9 April 2020, the French Competition Authority (the “FCA”) issued Decision n° 20-MC-01 relative à des demandes de mesures conservatoires présentées par le Syndicat des éditeurs de la presse magazine, l’Alliance de la presse d’information générale e.a. et l’Agence France-Presse ordering interim (...)

9 Apr 2020 B

The French Competition Authority imposes interim measures on a big tech giant to negotiate in good faith with press publishers and news agencies the remuneration associated to the use of their content based on transparent, objective and non-discriminatory criteria (Google)

Florence Leroux, Thomas Oster • April 2020

On 9 April 2020, the FCA imposed interim measures on Google, ordering the big tech giant to negotiate in good faith with press publishers and news agencies the remuneration associated to the use of their content based on transparent, objective and non-discriminatory criteria. These interim (...)

9 Apr 2020 B

The French Competition Authority imposes interim measures on a dominant big tech company requiring it to enter into good faith negotiations with publishers and new agencies (Google)

Laurent Geelhand, Antoine Riquier • April 2020

After the record fine of 1.1 billion euros against Apple, the French Competition Authority continues to show a strong leadership in its fight against “Big Tech” — Google, Apple, Facebook, and Amazon, the “GAFAs,” — by imposing interim measures on Google, requiring it to enter into good faith (...)

9 Apr 2020 R

Discrimination: The French Competition Authority orders protective measures in favour of press agencies and publishers against an undertaking likely to have abused its dominant position on the French market for general search services (Google / Syndicat des éditeurs de la presse magazine, Alliance de la presse d’information générale and Agence France-Presse)

Marie Cartapanis • N° 3-2020 • pp. 101-103

On 9 April 2020, the Competition Authority issued a first decision granting interim measures in a new Google case which is already attracting a great deal of interest in the press, online communication services to the public and online advertising sectors. The case begins with the adoption of (...)

17 Jan 2020 R

Sole control: The French Competition Authority clears an acquisition of sole control in the print media sector (Nice-Matin / NJJ)

Alain Ronzano • N° 2-2020

On 25 February 2020, the Competition Authority posted two merger clearance decisions online. Decision No. 20-DCC-09, January 17, 2020 -The French Competition Authority has authorized the acquisition of the Nice Matin Group, which publishes the Nice-Matin, Var-Matin and Monaco-Matin titles, by (...)

26 Sep 2019 R

Written press: The French Senate provides for the French Postal and Electronic Communications Authority with regulatory tasks of the written press distribution (Modernization of press distribution)

Francesco Martucci • N° 4-2019 • pp. 174-176

On 26 September 2019, the Senate adopted the bill on the modernisation of press distribution. Title III of the bill is devoted to the regulation of press distribution and plans to entrust this regulation to the Autorité de régulation des communications électroniques, des postes et de la (...)

4 Sep 2019 eB

Grands arrêts du droit de la concurrence - Volume IV Chapitre 2 Audiovisuel et Presse
2.1 Organisation du marché

Chapitre 2 audiovisuel et presse 130 1 o rganisation du marChé 1.1 acc?s au march? Ce, 30 mars 2016, soci?t? diversit? tv, n? 395702 Le Conseil d'État annule la décision du Conseil supérieur de l'audiovisuel abrogeant l'autorisation de diffusion d'une chaîne de télévision L'automne dernier, le (...)

4 Sep 2019 eB

Grands arrêts du droit de la concurrence - Volume IV 2.2 Rôle des Autorités

160 2 Rôle des Autorités 2.1 Statut Loi du 15 nov. 2013 relative à l'indépendance de l'audiovisuel public, JORF n° 0266 du 16 nov. 2013 Le législateur réforme une nouvelle fois le statut et les compétences du Conseil Supérieur de l'Audiovisuel Introduction Le législateur a été saisi, depuis le mois de (...)

22 Aug 2019 R

Polynesia: The Polynesian Competition Authority sanctions, within a first contentious decision, an abuse of a dominant position linked to the practice of excessive prices (Wane)

Alain Ronzano • N° 4-2019

In a decision released on August 22, 2019The Polynesian Competition Authority has for the first time imposed sanctions for abuse of a dominant position. This is even the first contentious decision adopted by the PCA. Moreover, this decision, which is not without some reservations, sanctions (...)

24 Jul 2019 B

The French Competition Authority clears a merger subject to remedies in the car publication market (Mondadori / Reworld Media)

French Competition Authority • July 2019

Magazines* The Autorité de la concurrence clears, subject to conditions, the acquisition of Mondadori France (Biba, Grazia, Modes & Travaux) by Reworld Media (Marie France, Maison & Travaux, Auto Moto) Background Press group Reworld Media notified the Autorité of its planned (...)

16 May 2019 R

Notion of aid: The Paris Court of Appeal considers that the measures to restore the collective press distribution system do not constitute State aids that must be notified to the Commission (Messageries lyonnaises de presse / Presstalis)

Alain Ronzano • N° 3-2019

On 16 May 2019, Chamber 5-7 of the Paris Court of Appeal delivered three judgments in the case of measures to redress the collective press distribution system. These rulings follow appeals brought by a number of newspaper publishers against three decisions of the Conseil supérieur des (...)

16 May 2019 R

Public ressources: The Paris Court of Appeal refuses to qualify as a State aid a decision of the Higher Council of press messaging (Messageries lyonnaises de presse)

Francesco Martucci • N° 3-2019 • pp. 151-152

In a ruling dated 16 May 2019, the Paris Court of Appeal denied the classification as State aid of a decision adopted by the Conseil supérieur des messageries de presse (CSMP) and made enforceable by the Autorité de régulation de la distribution de la presse (ARDP). Following the difficulties (...)

1 May 2019 R

Martin d’Halluin (News Corp): Antitrust and Data

Martin d’Halluin, Damien Geradin • N° 2-2019

Interview conducted by Damien Geradin, Partner, Euclid Law, Brussels — Professor, Tilburg University. In which ways is user data important for digital platforms? Data is essential for tech companies. This was very hard to predict even ten years ago. All online services are now powered by data (...)

18 Mar 2019 R

Reform: The French Competition Authority issues a favourable opinion on the draft bill on the modernisation of press distribution, subject to reservations (Modernisation of press distribution)

Alain Ronzano • N° 2-2019

Seized by the Minister of the Economy regarding the bill to modernize press distribution, the Competition Authority published on April 11, 2019 an opinion No. 19-A-06 dated March 18, 2019.The Commission issued a favourable opinion on the draft law, albeit with many reservations. It thus (...)

29 May 2018 B

The Turkish Competition Authority clears a merger between retailers in the bookselling industry (Turkuvaz / D&R)

Gönenç Gürkaynak, Esra Uçtu • May 2018

This case note analyses the Turkish Competition Board’s (“ Board ”) decision of May 29th, 2018 numbered 18-16/293-146 in which the Board assessed the acquisition of Doğan Müzik Kitap Mağazacılık Pazarlama AŞ (“ D&R ” or “ Target ”) and its two subsidiaries, namely, Hür Servis Sosyal Hizmetler ve Tic (...)

21 Mar 2018 R

Dawn raids: The French Supreme Court reaffirms the full applicability of the common law on dawn raids to press and audiovisual communication companies and recalls certain principles on the legality and the conduct of such investigations (Free Mobile, Free, Iliad)

Christophe Lemaire, Marie Florent • N° 3-2018 • pp. 165-167

In two rulings of 21 March 2018, the Court of Cassation notably reaffirmed the full applicability of ordinary law on access and seizure operations to press and audiovisual communication companies, by dismissing appeals against two orders issued by the First President of the Paris Court of (...)

1 Feb 2018 R

Corporate funding for antitrust academics can be a problem

Cyril Ritter • N° 1-2018

Corporate funding for academic articles raises the possibility of academic bias in favour of corporate views. This seems to be happening in many areas of law, science and policy, including competition law. While (almost) every idea deserves to be discussed, regardless of its origin or funding, (...)

24 Jan 2018 B

The Supreme Court of India reverses appellate tribunal’s decision and upholds Indian Competition Authority’s interpretation of the Competition Act resulting in fine for regional TV Multi System Operator (Fastway Transmission)

Man Mohan Sharma • January 2018

Supreme Court upholds CCI’s interpretation of Section 4(2)(c) of the Act* The Supreme Court vide its judgement dated January 24, 2018 has set aside the COMPAT decision dated May 2, 2014 in which, the COMPAT while dismissing the CCI’s order has held that a denial of market access as envisaged (...)

20 Dec 2017 B

The Italian Competition Authority fines a company for abuse of dominance for refusal to licence press release rights (Editorial Initiatives Company)

Carlotta Ienca • December 2017

With a decision dated 20 December 2017, the Italian Competition Authority (“ICA”, “Autorità Garante della Concorrenza e del Mercato”, “AGCM”) has sanctioned S.I.E. S.p.A. (“SIE”) for an abuse of dominant position in the press review services sector, in violation of Article 3 of Italian Law no. 287/1990. (...)

11 Dec 2017 R

Lack of competence: The French Competition Authority considers itself incompetent in respect of some allegations, and rejects other allegations relating to the complaint of a newspaper depositary against the two main newspaper distributors (Newspaper distribution sector)

Michel Debroux • N° 2-2018 • pp. 74 - 75

The Competition Authority declares itself incompetent to deal with anti-competitive practices complained of by Tarbes Diffusion Presse (TDP), a press agent, against Presstalis and Messageries Lyonnaises de Presse (MLP). In addition to allegations of abuse of a dominant position against (...)

11 Dec 2017 R

Exclusionary abuses: The French Competition Authority dismisses a claim related to an alleged exclusionary abuse (Press distribution)

Frédéric Marty • N° 2-2018 • pp. 82 - 83

The Competition Authority rejects the referral of the Tarbes Diffusion Presse company, which considered that it was the victim of abusive practices on the part of Presstalis (unjustified levies, severance of commercial relations) and of an agreement between it and the MLP (Messageries (...)

26 Jul 2017 R

Refusal to refer constitutional questions: The French Supreme Court refuses to refer constitutional questions regarding dawn raids (Free Mobile / DGCCRF)

Christophe Lemaire • N° 4-2017 • pp. 158-159

In two rulings dated July 26, 2017, the Criminal Division of the Court of Cassation ruled that there was no need to refer to the Constitutional Council three priority constitutionality issues relating to the operations of visits and seizures, raised in cases between Free Mobile and the DGCCRF. (...)

11 Jul 2017 B

The Irish Competition Authority clears an acquisition subject to a structural remedy in the media monitoring business (Kantar Media / Newsaccess)

Paul Gorecki • July 2017

Introduction On 11 July 2017 the Competition and Consumer Protection Commission (CCPC), Ireland’s competition agency, cleared the acquisition by Mediawatch Limited, trading as Kantar Media (Kantar Media), an indirectly wholly-owned subsidiary of WPP plc (WPP), of Newsaccess Limited (Newsaccess), (...)

22 Jun 2017 B

The Belgian Competition Authority decides not to take further action in press distribution services as exclusivity clauses were ceased and no abuse of dominance was found (VZW / AMP)

Laurent Thiry • June 2017

On June 22, 2017, the investigatory body of the Belgian Competition Authority (hereafter, “the Auditorat”) decided to take no further action against AMP, after receiving a complaint from ASBL Prodipresse, VZW Vlaamse Federatie van Persverkopers and VZW Buurtsuper.be about exclusivity clauses in (...)

10 Mar 2017 R

Exclusionary strategy: The French Competition Authority rejects a complaint against alleged practices of a dominant actor in the market for copyright management of literary works (SACD)

Frédéric Marty • N° 2-2017 • p. 102

The Authority rejects a referral from the Société civile des éditeurs de langue française (SCELF) against practices implemented by the Société des auteurs et compositeurs dramatiques (SACD) aimed at ousting it from the market for the collective management of copyright in literary works. The Authority (...)

1 Mar 2017 R

Exclusionary strategy: The French Supreme Court rejects a claim against a Paris Court of Appeal ruling confirming a decision of the French Competition Authority fining a newspaper’s owner for exclusionary practice during the launch of a new newspaper which had no economic sense but to hinder entry of new competitor on the daily press market for sport (Amaury)

Anne Wachsmann, Nicolas Zacharie • N° 2-2017 • p. 102

In a decision dated March 1, 2017, the French Supreme Court (Cour de cassation) dismissed the Amaury group’s appeal against the Paris Court of Appeal’s decision, which had upheld the Competition Authority’s decision against the Amaury group for eviction practices against Le Journal du Sport (CA (...)

1 Mar 2017 R

Rationality test: The French judiciary supreme court rejects the appeal of a news corporation relating to its exclusionary behaviour towards a new entrant on the market of online sports news outlets (10Sport.com/Amaury)

Alain Ronzano • N° 2-2017

On 2 March 2017, the Competition Authority published online a ruling handed down on 1 March 2017 by the Commercial Chamber of the Court of Cassation in the case of the response to the sports press market entry of the daily Le 10Sport.com. It dismissed the appeal against theruling. of the Paris (...)

22 Feb 2017 R

Prior notification: The French Supreme Administrative Court annuls a decree extending aid measures to regional daily newspapers (Valmonde)

Alain Ronzano • N° 2-2017

On 22 February 2017, the Administrative Jurisdiction Division (10th and 9th Chambers combined) of the Council of State delivered a decision in Société Valmonde by which the national court found that there was State aid granted by the French State and that the measure had not been notified in (...)

7 Dec 2016 R

Compensation and anti-competitive practices: The Paris Court of Appeal renders two decisions encouraging the private enforcement of competition law (La Montagne et al./Aviscom/SNCF/Expedia)

Alain Ronzano • N° 1-2017

As the final deadline for transposition approaches and French law prepares to incorporate the amendments made necessary by Directive 2014/104/EU of 26 November 2014 on damages actions for breach of the provisions of competition law of the Member States and the European Union, attention will not (...)

8 Nov 2016 C

Restructuring undertakings in difficulty and competition — Merger & State Aid

Edouard Sarrazin, Laurence Idot, Simon Genevaz

Lunchtalk organized by Concurrences Review in partnership with DLA Piper.

11 Oct 2016 R

Compatibility with the internal market: The General Court of the European Union confirms that the Commission could rule the Danish aid measures to the press as compatible without opening a formal procedure as they presented no serious difficulties (Søndagsavisen)

Alain Ronzano • N° 1-2017

On 11 October 2016, the General Court of the European Union delivered a judgment in Case T-167/14 (Søndagsavisen A/S v. European Commission). in Case T-167/14 (Søndagsavisen A/S v European Commission) concerning aid measures for the written press implemented by the Kingdom of Denmark. (...)

11 Oct 2016 R

Decision not to raise objections: The General Court of the European Union confirms the European Commission’s decision, adopted at the conclusion of the formal investigation procedure, declaring that the Danish State aid scheme in favour of the written press was compatible with the internal market (Søndagsavisen)

Raphaël Vuitton • N° 1-2017 • pp. 176-179

Maintaining media pluralism and the quality of media content is an essential element for a vibrant democracy and is the subject of public support in most Member States. In view of their objectives, such support is generally viewed favourably by the Commission in the context of its State aid (...)

11 Oct 2016 B

The EU General Court upholds a Commission decision finding that a Danish aid scheme in favour of the print media sector is compatible with the internal market (Søndagsavisen)

Phedon Nicolaides • October 2016

* Article published on StateAidHub (click here), 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 relationships (...)

15 Sep 2016 R

Abuse of dominant position: The General Court of the European Union confirms that the commitments imposed on a dominant Canadian company on the market of consolidated real-time datafeeds were apt to eliminate the Commission’s concerns (Morningstar)

Alain Ronzano • Nº 4-2016

On 15 September 2016, the Court of First Instance of the European Union delivered a judgement in Case T-76/14 (Morningstar Inc. v Commission). The Court of First Instance confirms the ability of the undertakings accepted and made binding in the present case to meet the Commission’s concerns (...)

11 Aug 2016 B

The UK Competition Authority imposes a behavioural commitments akin to a structural divestment on an undertaking specialist in the magazine sector (Future / Miura)

Jacques Buhart • August 2016

UK CMA IMPOSES BEHAVIOURAL COMMITMENTS AKIN TO A STRUCTURAL DIVESTMENT: THE SCI-FI MAGAZINES CASE* Divestments often constitute the most appropriate remedy to resolve antitrust concerns in the context of merger control. However, behavioural commitments may also have the same commercial effects (...)

24 Jun 2016 R

Italy : The Court of Milan rules that simply attaching information from the press on the European Commission’s decision to sanction an agreement does not meet the burden of proof required for private action (Alpina Societa Immobiliare e Arno / Banco di Brescia San Paolo)

Silvia Pietrini • N° 1-2017 • pp. 228-229

In a judgment of 21 April 2016, published last June, the specialised section for undertakings of the Court of Milan rejected the claims for compensation against two credit institutions on the grounds that the burden of proof had not been met in the case in question. The private plaintiffs had (...)

30 Mar 2016 B

The Croatian Competition Authority accepts commitments proposed by an undertaking suspected to abuse of dominance in the newspapers market (Tisak)

Croatian Competition Authority • March 2016

Tisak reviews the commission rates in newspapers sales* The Croatian Competition Agency (CCA) accepted the committments of the undertaking Tisak with the view to eliminating possible anticompetitive effects in the commission sales of newspapers in the proceedings that has been carried out by (...)

28 Jan 2016 B

The EU Commission corrects second time around a merger decision in the publishing sector after a defect was raised by the EU Court of Justice (Editions Odile Jacob)

Lionel Lesur • January 2016

As a general proposition, when the validity of a European Commission antitrust decision is challenged before the General Court of the European Union (GCEU), the procedure is one of judicial review, not a retrial on the merits (although the GCEU does have special jurisdiction to increase or (...)

23 Dec 2015 R

Clearance: The French Competition Authority clears the acquisition of joint control of the editor of a free daily newspaper by two competitors (20 Minutes France/Rossel/SIPA)

Alain Ronzano • N° 2-2016

See Decision No. 15-DCC-189 of 23 December 2015. relating to the joint control of 20 Minutes France by Rossel & Cie and SIPA. The operation consists in the purchase of Schibsted’s shareholding in 20 Minutes France, which publishes the eponymous daily newspaper by the Belgian company Rossel (...)

17 Dec 2015 R

Commercial agency: The Paris Court of Appeal decides that the refusal of commercial agency contract renewal by the agent proposed faithfully by the principal does not give rise to damages for termination of contract (La Diffusion Sofradif / Elsevier Masson)

Dominique Ferré • N° 2-2016 • p. 116

For the distribution of its works, a publishing company had successively concluded two commercial agency contracts with the same agent. Shortly before the expiry of these two contracts, it had initiated negotiations with its agent with a view to concluding a new contract to replace the first (...)

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