Search results - Concurrences

24 Apr 2021 B

The French Competition Authority fines three sandwich manufacturers for creating a cartel (Roland Monterrat / La Toque Angevine / Daunat)

Florence Leroux, Eliott Costet • April 2021 - II

The French Competition Authority (“FCA”) recently fined the three main French manufacturers of sandwiches for mass retail distribution for having implemented a volume and customer allocation plan over a six-year period and agreed on the price level to be offered to their customers (€24.5 million (...)

21 Apr 2021 C

One Hour with Judge Ginsburg

Douglas H. Ginsburg, Eleanor M. Fox, Roxann E. Henry, Antonio Bavasso, Gönenç Gürkaynak

Webinar organised by Concurrences, in partnership with ELIG Gürkaynak Attorneys-at-Law, with Antonio Bavasso (Partner, Simpson Thacher | Visiting Professor, University College London), Douglas H. Ginsburg (Senior Circuit Judge, U.S. Court of Appeals for the District of Columbia Circuit | (...)

21 Apr 2021 B

The German Government introduces a draft bill on foreign direct investment

Falk Schöning, Stefan Kirwitzke • Old articles

Foreign investment control has become a key factor in M&A deals and 2020 was a particularly eventful year. A large number of countries have recently introduced foreign investment control regimes (or tightened their existing rules) and made use of them with, for example, prohibitions (...)

20 Apr 2021 C

Antitrust in the Financial Sector #3 Financial Sector Consortia and Collaborations

Irene de Angelis, Mark J. Gidley, Rosa M. Abrantes-Metz, Jon R. Roellke

3rd webinar of the 5th « Antitrust in Financial Sector » Conference organised by Concurrences, in partnership with Morgan Lewis, Brattle, Intesa Sanpaolo and White & Case, with Irene de Angelis (Head of Antitrust Affairs, Intesa Sanpaolo), Mark Gidley (Partner, White & Case), Rosa M. (...)

20 Apr 2021 B

The Australian Federal Court approves a plan for an airline company to pay its fine in installments (Garuda)

Australian Competition Authority • April 2021 - II

Garuda drops appeal, to pay $19m price fixing penalty in instalments* The Federal Court has approved a payment plan for airline PT Garuda Indonesia Ltd (Garuda) to pay a $19 million penalty the Court previously ordered relating to a long-running ACCC action against a global price fixing cartel (...)

20 Apr 2021 B

The UK, German and Australian Competition Authorities agree on a joint statement on merger control

German Competition Authority • April 2021 - II

Competition Agencies from Germany, the UK and Australia agree on Joint Merger Statement* Today, the Bundeskartellamt, the UK’s Competition and Markets Authority (CMA) and the Australian Competition and Consumer Commission (ACCC) have agreed on a joint statement on merger control. The joint (...)

19 Apr 2021 C

Competition Policy and the EU Green Deal

Simon Holmes, Martijn Snoep, Dirk Middelschulte, Maurits Dolmans, Nicole Robins

Webinar organised by Concurrences, in partnership with Cleary Gottlieb and Oxera, with Simon Holmes (Judge, Competition Appeal Tribunal | Visiting Professor, University of Oxford), Dirk Middelschulte (Global General Counsel Competition, Unilever), Martijn Snoep (Chairman, Netherlands Authority (...)

19 Apr 2021 B

The UK Competition Appeal Tribunal increases the Competition Authority’s fine imposed on a musical instrument firm for abuse of dominant position (Roland)

UK Competition Authority • April 2021 - II

CAT increases fine after musical instrument firm breaks settlement bargain* The CMA has welcomed a Competition Appeal Tribunal judgment dismissing an appeal against a fine it imposed, instead increasing the fine from £4m to £5m. In June 2020, the Competition and Markets Authority (CMA) fined (...)

19 Apr 2021 B

The EU Commission adopts revised regional aid guidelines

European Commission • April 2021 - II

State aid: Commission adopts revised Regional Aid Guidelines* The European Commission has adopted revised EU guidelines on regional State aid (the “Regional Aid Guidelines”), setting out the rules under which Member States can grant State aid to companies to support the economic development of (...)

19 Apr 2021 B

The US DoJ charges two clinical directors for price-fixing for health care workers and obstructing the FTC’s investigation

US Department of Justice Antitrust Division • April 2021 - II

Second Individual Charged with Fixing Wages for Health Care Workers and Obstructing FTC Investigation* A federal grand jury in the Eastern District of Texas returned a superseding indictment charging two Texas men with conspiring to fix prices by lowering rates paid to certain health care (...)

16 Apr 2021 R

COVID-19: The French Competition Authority delivers the instructions for drawing up an agreement between distributors on a regulated film release schedule when cinemas reopen soon

Alain Ronzano • N° 1-2021

When the Competition Authority prepares the deconfinement! Referred to by the Cinema Mediator, it issued on 16 April 2021 a opinion n° 21-A-03concerning the modalities for releasing films in cinemas, especially to avoid the "great traffic jam" when cinemas reopen, since the release of a number (...)

16 Apr 2021 B

The Australian Competition Authority clears the merger between two software companies (MYOB / GreatSoft)

Australian Competition Authority • April 2021 - II

MYOB’s acquisition of GreatSoft not opposed* The ACCC will not oppose MYOB Invest Co Pty Ltd’s acquisition of GreatSoft Pty Ltd, finding the transaction is not likely to substantially lessen competition. MYOB and GreatSoft both supply practice management software to medium-to-large accounting (...)

16 Apr 2021 B

The EFTA Surveillance Authority approves Norwegian umbrella scheme to support businesses in the context of the COVID-19 pandemic

EFTA Surveillance Authority • April 2021 - II

COVID-19 pandemic: ESA approves Norwegian umbrella scheme to support businesses* The EFTA Surveillance Authority (ESA) has today approved a Norwegian umbrella scheme allowing municipalities to support local businesses that are suffering due to the ongoing COVID-19 pandemic. Preventive (...)

15 Apr 2021 C

Antitrust Compliance Awards #4 How To Deploy And Implement A Compliance Program?

Cani Fernández, Dirk Middelschulte, Martijn Snoep, Jacques Moscianese, Nicolas Charbit

4th Webinar of the « 2021 Antitrust Compliance Awards » organised by Concurrences, in partnership with Intesa Sanpaolo, with Nicolas Charbit (Director, Concurrences), Cani Fernández (Chair, Spanish National Commission of Markets and Competition), Dirk Middelschulte (Global General Counsel – (...)

15 Apr 2021 B

The Russian Supreme Court confirms the Competition Authority’s decision to sanction a national railway company for abuse of dominant position (Russian Railways)

Russian Competition Authority • April 2021 - II

The cassation supported decision of the FAS russia in relation to russian railways* The company violated antimonopoly legislation and abused its dominant position The Arbitration Court of the Moscow District supported the position of the FAS Russia in relation to Russian Railways JSC. As the (...)

15 Apr 2021 B

The Russian Competition Authority initiates an investigation against a national internet-based service provider (Yandex)

Russian Competition Authority • April 2021 - II

The FAS Russia has initiated case against Yandex* The company has not fulfilled the warning of the FAS Russia on termination of discriminatory conditions in the market of web search On February 20, 2021 the FAS Russia issued a warning to Yandex LLC, according to which the organization had a (...)

15 Apr 2021 B

The UK Competition Authority finds that a merger between two investment platforms would raise significant competition concerns following its re-examination (FNZ / GBST)

UK Competition Authority • April 2021 - II

Competition concerns remain about FNZ’s purchase of GBST* The CMA has provisionally found that a deal between FNZ and GBST would raise significant competition concerns, following its re-examination of available evidence. The Competition and Markets Authority (CMA) reassessed the deal, (...)

15 Apr 2021 R

Economic unit: Advocate General Pitruzzella proposes to extend the liability of the parent company, perpetrator of anti-competitive practices, to its daughter, with which it constitutes an economic unit, in order to allow victims of competitive damage to act directly against the subsidiary (Sumal / Mercedes Benz Trucks España)

Alain Ronzano • N° 1-2021

On 15 April 2021, Advocate General Giovanni Pitruzzella delivered his Opinion in Case C-882/19 (Sumal, S.L.)which follows a reference for a preliminary ruling from the Barcelona Court of Appeal. The present Opinion - which should make some noise - is undoubtedly part of the movement to make it (...)

15 Apr 2021 R

Corporate group: The Court of Justice of the European Union confirms that the application of the presumption of the effective exercise of decisive influence by the parent company over its subsidiary does not violate the principle of legal certainty, the principle of legality of penalties or the principle of the presumption of innocence (Italmobiliare)

Alain Ronzano • N° 1-2021

On 15 April 2021, the Court of Justice of the European Union delivered a judgment in case C-694/19 (Italmobiliare and Others v. European Commission). By the terms of the present judgment, the Court dismisses in its entirety the appeal brought by Italmobiliare, the parent company of a group, (...)

14 Apr 2021 B

Vertical Restrictions in the Online Commerce: An overview of EU and national case law

Pedro Gonzaga, Gabriella Erdei • Vertical restrictions in the online commerce

Vertical restrictions are one of the most complex and debated themes within competition law enforcement. From an economic perspective, vertical restrictions have a variety of effects that are not always fully captured by textbook economic models. From a legal perspective, different (...)

14 Apr 2021 B

The Danish Competition Authority and other competition authorities publish a joint memorandum on online pharmacy markets in the Nordics

Danish Competition Authority • April 2021 - II

Nordic Competition Authorities: Online pharmacies can increase competition in the pharmacy sector* The Nordic Competition Authorities have 14.4.2021 published a joint memorandum on online pharmacy markets in the Nordics. The memorandum finds that the size and regulation of online pharmacy (...)

14 Apr 2021 B

The German Competition Authority clears the merger between two book retailers (Thalia / Lehmanns)

German Competition Authority • April 2021 - II

Bundeskartellamt clears takeover of Lehmanns by Thalia* The Bundeskartellamt has today cleared the proposed acquisition of the specialist literature provider Lehmanns by the book retailer Thalia. With over 380 bookshops, Thalia is by far the largest bookstore chain in Germany. Lehmanns is (...)

14 Apr 2021 B

The UK Competition Authority provisionally clears merger between two telecommunications companies (Virgin / O2)

UK Competition Authority • April 2021 - II

CMA provisionally clears merger of Virgin and O2* The CMA has provisionally cleared the proposed merger of Virgin Media and Virgin Mobile with O2. Both Virgin and O2 provide certain wholesale services to other mobile network operators in the UK, as well as retail services to consumers. The (...)

14 Apr 2021 B

The EU General Court of Justice finds that the aid measures introduced by Sweden and Denmark for an airline company’s damage resulting from the cancellation or rescheduling of flights in the wake of travel restrictions caused by the COVID-19 pandemic comply with EU law (Ryanair)

General Court of the European Union • April 2021 - II

Aid measures introduced by Sweden and Denmark for SAS for damage resulting from the cancellation or rescheduling of flights in the wake of travel restrictions caused by the Covid-19 pandemic comply with EU law* Given that SAS’s market share is much higher than that of its closest competitor in (...)

14 Apr 2021 B

The EU Commission approves the merger between two waste management companies subject to conditions (Suez / Schwarz)

European Commission • April 2021 - II

Mergers: Commission approves acquisition of certain Suez waste management companies by the Schwarz Group, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of certain Suez waste management companies in Germany, Luxembourg, the (...)

14 Apr 2021 R

COVID-19: The General Court of the European Union confirms for the first time the legality of individual aid measures adopted to respond to the consequences of the pandemic (Ryanair)

Alain Ronzano • N° 1-2021

After having validated the aid schemes granted by France and Sweden only to airlines holding a national licence by two judgments delivered on 17 February 2021, the Court of First Instance of the European Union confirms for the first time, by means of two judgments delivered on 14 April 2021 in (...)

14 Apr 2021 R

COVID-19: The General Court of the European Union holds that a guarantee granted by Finland was necessary to remedy the serious disruption to the Finnish economy caused by the Covid-19 pandemic (Ryanair)

Alain Ronzano • N° 1-2021

By judgment of the same day in case T-388/20the Court of First Instance also validates the individual aid measure adopted by Finland to support its national airline, Finnair, in dealing with the consequences of the Covid-19 pandemic. The measure in question aims at helping Finnair to obtain a (...)

14 Apr 2021 R

Annulment: The General Court of the European Union annuls the decision by which the Commission decided not to raise objections to the Lithuanian scheme of aid to electricity producers from renewable energy sources (Achema, Lifosa)

Alain Ronzano • N° 1-2021

On 14 April 2021, the General Court of the European Union delivered a judgment in case T-300/19 (Achema AB and Lifosa AB v. European Commission)in which it annulled the Commission’s decision of 8 January 2019 concerning an aid scheme implemented by the Republic of Lithuania for the benefit of (...)

14 Apr 2021 R

State aid scheme: The General Court of the European Union upholds the Commission’s decision on aid schemes for charity associations for social assistance tasks based in the Land of Lower Saxony (Verband Deutscher Alten- und Behindertenhilfe, CarePool Hannover)

Alain Ronzano • N° 1-2021

On 14 April 2021, the General Court of the European Union delivered a judgment in case T-69/18 (Verband Deutscher Alten und Behindertenhilfe and CarePool Hannover v. European Commission). In that decision, the Court dismissed the action brought by residential establishments providing (...)

14 Apr 2021 B

The French Competition Authority clears a merger between two national slaughterhouses subject to conditions (Ronsard / LDC)

French Competition Authority • April 2021 - II

The Autorité de la concurrence clears, subject to conditions, the acquisition of the Ronsard Group by the LDC Group* A number of slaughterhouses will have to be divested to maintain sufficient competition for poultry farmers. On 8 January 2021, the LDC Group notified the Autorité of its plan to (...)

13 Apr 2021 C

Antitrust in the Financial Sector #2 Current International Issues in the Financial Sector

Dennis Davis, Maria Velentza, Graciela Miralles Murciego, Vivek Mani, Ademir Antonio Pereira Junior, Oliver Latham, Linda Cenedella, Jon R. Roellke

2nd webinar of the 5th « Antitrust in Financial Sector » Conference organised by Concurrences and Morgan Lewis in partnership with Advocacia José Del Chiaro, Charles River Associates and Cornerstone Research, with Linda Cenedella (Partner, Morgan Lewis), Dennis Davis (Former President, Competition (...)

13 Apr 2021 R

DMA/DSA: Has Europe really given itself the means to achieve its ambitions?

Daniel Fasquelle, Olivier Guersent, Christiane Féral-Schuhl, Marie Even, Laure de La Raudière, Jean-Luc Sauron, Linda Arcelin, Jean-Louis Fourgoux, Leyla Djavadi, Colette Bouckaert, Geoffroy Didier, Valéria Faure-Muntian, Emmanuelle Inacio • N° 2-2021

In order to upgrade the rules governing digital players operating in the internal market and to improve the regulatory framework for digital services, on December 15th, 2020, the European Commission published two legislative initiatives: the Digital Services Act (DSA) and the Digital Markets (...)

12 Apr 2021 B

The German Competition Authority ensures equal opportunities for online sales regarding a national equipment manufacturer’s distribution model (Liebherr)

German Competition Authority • April 2021 - II

Bundeskartellamt ensures equal opportunities for online sales in the new Liebherr distribution model* After an intervention by the Bundeskartellamt, Liebherr-Hausgeräte Vertriebs- und Service GmbH has agreed not to use certain clauses in its sales conditions which in the authority’s preliminary (...)

12 Apr 2021 B

The EU Commission opens an in-depth investigation into a proposed merger between two-panel manufacturers (Kingspan / Trimo)

European Commission • April 2021 - II

Mergers: Commission opens in-depth investigation into proposed acquisition of Trimo by Kingspan Page contents* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Trimo, arhitekturne rešitve, d.o.o. (‘Trimo’) by Kingspan Group plc (‘Kingspan’), under (...)

10 Apr 2021 B

The Chinese Competition Authority fines $2.8 billion an online market platform for abusing its dominant position (Alibaba)

Alexandr Svetlicinii • April 2021 - II

China’s antitrust penalty for Alibaba: reading between the lines* On 10 April 2021, the State Administration for Market Regulation (SAMR), China’s competition authority responsible for the enforcement of the Anti-Monopoly Law (AML), announced the imposition of CNY 18 billion fine on Alibaba for (...)

9 Apr 2021 B

The EU Commission approves prolongation of market conform asset protection scheme for banks in Greece

European Commission • April 2021 - II

State aid: Commission approves prolongation of market conform asset protection scheme for banks in Greece* The European Commission has approved the prolongation of an existing Greek scheme aiming at supporting the reduction of non-performing loans of Greek banks on the basis that it remains (...)

8 Apr 2021 B

The EU Commission invites interested parties to provide comments on a proposed revision of State aid Framework for research, development and innovation

European Commission • April 2021 - II

State aid: Commission invites interested parties to provide comments on proposed revision of State aid Framework for research, development and innovation* The European Commission has launched today a public consultation inviting all interested parties to comment on a proposed targeted revision (...)

8 Apr 2021 R

Business secrets: The Paris Court of Appeal rules on practices consisting in obtaining advantages without consideration (Intermarché)

Alain Ronzano • N° 1-2021

On April 8, 2021, Chamber 2-1 of the Paris Court of Appeal, ruling in summary proceedings, issued an interesting judgment in which it overturned an order of March 19, 2021 issued by the Paris Commercial Court in a case between the Minister of the Economy and ITM concerning practices consisting (...)

7 Apr 2021 B

German Private Enforcement: an overview of competition law

Wolfgang Wurmnest • German Private Enforcement

Germany is one of the European jurisdictions in which plaintiffs are particularly active in bringing actions for the enforcement of German and European competition (antitrust) law. Private enforcement of competition law as such is not a particularly new phenomenon in Germany, as courts have (...)

7 Apr 2021 B

The UK Competition Authority launches its Digital Markets Unit in order to boost and regulate online competition

UK Competition Authority • April 2021 - II

New watchdog to boost online competition launches* A tough new regulator to help make sure tech giants such as Facebook and Google cannot exploit their market dominance to crowd out competition and stifle innovation online has launched. Digital Markets Unit begins work marking major milestone (...)

7 Apr 2021 B

The US DoJ indicts a bidder for bid-rigging at an online auction for surplus Government equipment (GSA)

US Department of Justice Antitrust Division • April 2021 - II

Bidder Pleads Guilty to Riggings Bids at Online Auctions for Surplus Government Equipment* A Missouri man pleaded guilty today to rigging online bids submitted to the General Services Administration (GSA). According to court documents, Alan Gaines pleaded guilty to the one-count indictment (...)

7 Apr 2021 B

The EU Commission approves €1.74 billion Danish scheme to support mink farmers and related businesses in the context of the COVID-19 pandemic

European Commission • April 2021 - II

State aid: Commission approves €1.74 billion Danish scheme to support mink farmers and related businesses in context of coronavirus outbreak* The European Commission has approved under EU State aid rules, an approximately €1.74 billion (DKK 13 billion) Danish scheme to compensate mink farmers (...)

7 Apr 2021 B

The UK Government launches the Digital Markets Unit as the first step towards an unashamedly pro-competition regime focused on the position of Tech giants

Charles Brasted, Christopher Hutton, Alice Wallace-Wright, Matt Giles, Robert Gardener • April 2021 - II

The UK Government has launched the much anticipated Digital Markets Unit (DMU) as a first step towards an “unashamedly pro-competition" regime focused on the position of “tech giants”. The DMU will, however, initially lack its own enforcement powers and there is still a lot to play for in terms (...)

6 Apr 2021 C

Antitrust in the Financial Sector #1 Fireside Chat with Brian Brooks

Richard S. Taffet, Brian Brooks

1st webinar of the 5th « Antitrust in Financial Sector » Conference organised by Concurrences, in partnership with Morgan Lewis, with Brian Brooks (Former Acting Comptroller of the Currency | Member of the Board, Spring Labs) and Richard Taffet (Partner, Morgan (...)

6 Apr 2021 B

The EU Commission approves up to €4 billion French measure to recapitalise a national airline company (Air France)

European Commission • April 2021 - II

State aid: Commission approves up to €4 billion French measure to recapitalise Air France* The European Commission has approved French plans to grant up to €4 billion for the recapitalisation of Air France through its Holding company. The measure was approved under the State aid Temporary (...)

6 Apr 2021 B

The US Court of Appeals for the Ninth Circuit clarifies class certification standards in an antitrust appeal (Olean Wholesale Grocery / Bumble Bee Foods)

David Kiernan, Craig E. Stewart, Darren K. Cottriel, Lin W. Kahn, Catherine T. Zeng • April 2021 - II

The Ninth Circuit approved use of statistical analysis that relies on averaging but reversed class certification because the district court failed to resolve whether more than a de minimis number of putative class members were injured. On April 6, 2021, in Olean Wholesale Grocery Coop. v. (...)

2 Apr 2021 B

The EU Commission acknowledges two airline companies’ announcement to withdraw from the proposed merger (Air Canada / Transat)

European Commission • April 2021 - II

Statement by Executive Vice-President Vestager on announcement by Air Canada and Transat to withdraw from proposed merger* The European Commission takes note of Air Canada and Transat’s announcement that they have decided to terminate the proposed merger agreement according to which Air Canada (...)

2 Apr 2021 B

The Austrian Competition Authority accepts commitments and closes its pharmaceutical pricing investigation on the sale of a brain tumor treatment (Merck Sharp / Dohme)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen • April 2021 - II

On 2 April 2021, the Austrian competition authority accepted commitments and closed its case concerning pricing strategies alleged to unlawfully hinder entry by generic competitors. According to the authority’s press release, the investigated pricing strategy concerned the product Temodal (...)

1 Apr 2021 C

Private Enforcement #4 Imputability, interest in bringing an action and causal link

Mélanie Thill-Tayara, Hugues Parmentier, David Bosco, Mercedes Pedraz Calvo, Marina Tavassi

4th Webinar of the 6th « Private Enforcement Conference » organised by Concurrences, in partnership with Dechert, with David Bosco (Professor, Aix-Marseille Université), Hugues Parmentier (Policy officer - ECN & private enforcement, DG COMP), Mercedes Pedraz Calvo (Judge, Audiencia Nacional), (...)

1 Apr 2021 R

Referral: The French State Council says that the administrative judge does not have competence to hear an appeal against the decision of the French Competition Authority to refer to the European Commission a merger transaction below the thresholds (Illumina / Grail)

Alain Ronzano • N° 1-2021

In a order issued on April 1, 2021the interim relief judge of the Conseil d’Etat ruled that the national administrative judge does not have jurisdiction to hear an appeal against the decision of the French Competition Authority to refer a concentration below the thresholds to the European (...)

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