Search results - Concurrences

11 Dec 2020 R

New Caledonia: The New Caledonian Competition Authority issues two decisions aming at preventing exclusive distribution of lift brands (Sodimas, Intec ; Kone Elevators, Otis...)

Luis Martínez Reillo • N° 2-2020 • pp. 227-229

In December, the young Competition Authority of New Caledonia (hereafter ACNC) issued two important decisions that will mark the future of the elevator sector and, far beyond, the future of exclusive product import practices in New Caledonia. For a long time now, the "high cost of living" has (...)

25 Sep 2020 C

Global Antitrust Hot Topics #3 In-house Counsel Round-Table: New Opportunities and Challenges & Closing discussion

Camilla Jain Holtse, Charles Malaise, Matthew Levitt, Miriam van Heyningen, Eddy de Smijter, John M. Taladay

3rd Webinar of the « 8th Global Antitrust Hot Topics Conference » organised by Concurrences, in partnership with Baker Botts, with Camilla Holtse (Associate General Counsel - Head of Competition Law & Policy, Maersk), Charles Malaise (Chief Counsel, Antitrust & Regulatory Counsel, Koch (...)

24 Sep 2020 C

Global Antitrust Hot Topics #2 Platforms: Towards a Regulated Industry?

David Foster, Guillaume Loriot, Paul Lugard, Oliver Bethell, Eliana Garces-Tolon, Maureen K. Ohlhausen, M. Brinkley Tappan

2nd Webinar of the « 8th Global Antitrust Hot Topics Conference » organised by Concurrences, in partnership with Baker Botts and Frontier Economics, with Oliver Bethell (Director - EMEA Competition, Google), David Foster (Director, Frontier Economics), Eliana Garces-Tolon (Director of Economic (...)

24 Sep 2020 B

UK & Covid-19: An overview of the competition policy and leading cases

Okeoghene Odudu • UK & Covid-19

An outbreak of COVID-19 pneumonia was detected in Wuhan, China and reported to the World Health Organisation on 31 December 2019 and characterised as a pandemic on 11 March 2020. In the absence of either a treatment or a vaccine, Government advice on social distancing, concerns about disruption (...)

24 Sep 2020 R

Dawn raids: The Court of Justice of the European Union confirms the power of the European Commission to make mass copies of digital documents and to continue the inspection of such documents on its premises, subject to respect for the interests and rights of the visited undertaking (Prysmian)

Alain Ronzano • N° 3-2020

On 24 September 2020, the Court of Justice of the European Union was again called upon to rule on one of the aspects of the proceedings relating to the electricity cable cartel, which had led the Commission, in a decision of 2 April 2014The Court of First Instance of the European Communities (...)

24 Sep 2020 R

Compatible aid: The Court of Justice of the European Union clarifies the qualification of SME within the meaning of the Block Exemption Regulation n° 651/2014, particularly with regard to the independence criterion (NMI Technologietransfer / EuroNorm)

Alain Ronzano • N° 3-2020

On 24 September 2020, the Court of Justice of the European Union delivered a judgment in Case C-516/19 (NMI Technologietransfer GmbH v EuroNorm GmbH).which follows a reference for a preliminary ruling from the Berlin Administrative Court on the definition of small and medium-sized enterprises (...)

23 Sep 2020 C

Global Antitrust Hot Topics #1 Mergers: A Definitive Need for Reform?

Hanna Anttilainen, Peter Davis, Catriona Hatton, Stephen Weissman, Adam Shulman

1st Webinar of the « 8th Global Antitrust Hot Topics Conference » organised by Concurrences, in partnership with Baker Botts and Cornerstone Research, with Hanna Anttilainen (Head of Unit - Mergers, DG COMP), Peter Davis (Senior Vice President, Cornerstone Research), Catriona Hatton (Partner, (...)

23 Sep 2020 R

Recovery: The General Court of the European Union concludes, in the case of the Spanish tax leasing scheme, that there is a selective advantage resulting from the discretionary power of the tax authorities to grant the aid and confirms the obligation of recovery from the identified beneficiaries (Lico Leasing, Pequeños y Medianos Astilleros Sociedad de Reconversión)

Alain Ronzano • N° 3-2020

On 23 September 2020, the General Court of the European Union once again ruled in the case of the Spanish tax leasing scheme. The contested measures concern the Spanish tax leasing scheme (RELF), which is designed to enable shipping companies to acquire ships built by Spanish shipyards at (...)

22 Sep 2020 C

Private Enforcement in the Financial Services: Risks & Opportunities of Financial Antitrust Litigation

Mark J. Gidley, Alan Grant, Justin McCrary, Jon R. Roellke, Jordan Woods

Webinar part of the "Antitrust in the Financial Sector: Hot Issues & Global Perspectives" webinars organized by Concurrences and Morgan Lewis, with Mark Gidley (White & Case), Alan Grant (NERA Economic Consulting), Justin McCrary (Columbia Law School; Corner Research), Jon Roellke (...)

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 • Preview

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 R

Nuclear energy: The Court of Justice of the European Union rules that the construction of a nuclear power plant falls within the scope of state aid control and that it must comply with EU environmental rules to be declared compatible with the internal market (Austria / European Commission)

Alain Ronzano • N° 3-2020

On 22 September 2020, the Court of Justice of the European Union delivered its judgment in Case C-594/18 (Austria v Commission).. As called for by Advocate General Gerard Hogan in his Opinion delivered on 7 May 2020the Court dismisses the appeal brought by Austria. This case concerns the UK (...)

22 Sep 2020 R

Public procurement: The French DGCCRF ends a cartel between two public works companies in the road and signalling sector on the Island of Saint Martin (Utek TP, Rugoway)

Alain Ronzano • N° 3-2020

The DGCCRF has just made public a local PAC decision concerning an agreement between two public works companies in the road and signage sector on the Island of Saint Martin.. A DGCCRF survey carried out in 2018 established that two companies specialising in road construction work submitted (...)

22 Sep 2020 R

Reform: The European Commission launches debate on how EU competition policy can support the Green Deal

Alain Ronzano • N° 3-2020

On 22 September 2020, the Executive Vice-President of the Commission, Margrethe Vestager, participated in a webinar organised by the parliamentary group Renew and moderated by MEP Stéphanie Yon-Courtin on the theme "How can competition rules support the Green Deal? On this occasion, the (...)

21 Sep 2020 C

Tipping in digital platform markets

Antonio Nicita, Nicolas Petit, Thomas Graf, David Sevy, James J. Tierney, Marco Iansiti

Webinar of the "Law & Economics" Series organised by Concurrences, in partnership with Cleary Gottlieb, Compass Lexecon, Facebook and Orrick, with Marco Iansiti (David Sarnoff Professor of Business Administration - Codirector of the Laboratory for Information Science, Harvard Business (...)

21 Sep 2020 R

The French Competition Authority’s new merger control guidelines

Philippe Guibert, Laetitia Gavoty Tolot, Sofia El Hariri, Fayrouze Masmi-Dazi, Gwenaëlle Poilon • N° 4-2020

After several months of public consultation over a reform of its merger control guidelines, the French competition Authority (FCA) has released July 23rd, 2020, its final version of the revised guidelines on merger control. The present On-Topic gathers three contributions reviewing this (...)

21 Sep 2020 B

The EU Commission opens in-depth investigation to assess whether a Belgian capacity mechanism to safeguard security of electricity supply is in line with EU State aid rules

European Commission • Preview

State aid: Commission opens in-depth investigation into Belgian capacity mechanism* The European Commission has opened an in-depth investigation to assess whether a Belgian capacity mechanism to safeguard security of electricity supply is in line with EU State aid rules. Executive (...)

21 Sep 2020 B

The EU Commission approves the acquisition of a company active in the supply of daily consumer goods (Fortenova / Mercator)

European Commission • Preview

Mergers: Commission approves Fortenova’s acquisition of Mercator* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of Mercator by Fortenova. The Commission concluded that the transaction would raise no competition concerns in the (...)

21 Sep 2020 B

The EU Commission opens an in-depth investigation into the acquisition of a company involved in hydraulic components (Eaton Hydraulics / Danfoss)

European Commission • Preview

Mergers: Commission opens in-depth investigation into the proposed acquisition of Eaton Hydraulics by Danfoss* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Eaton’s hydraulics business (“Eaton Hydraulics”) by Danfoss under the EU Merger (...)

21 Sep 2020 B

The EU Commission opens in-depth investigation into allocation of mobile radio frequencies by Poland to telecoms operator (Sferia)

European Commission • Preview

State aid: Commission opens in-depth investigation into allocation of mobile radio frequencies by Poland to telecoms operator Sferia* The European Commission has opened an in-depth investigation to assess whether the allocation by the Polish authorities of a frequency block for the provision (...)

21 Sep 2020 B

The US FTC and DoJ seek comments on proposed amendments to HSR rules and advanced notice of proposed HSR rulemaking

US Federal Trade Commission • Preview

FTC and DOJ Seek Comments on Proposed Amendments to HSR Rules and Advanced Notice of Proposed HSR Rulemaking* The Federal Trade Commission, with the concurrence of the Antitrust Division of the U.S. Department of Justice, will publish in the Federal Register a Notice of Proposed Rulemaking and (...)

21 Sep 2020 B

The French Competition Authority clears, subject to conditions, the acquisition of a public development bank (Caisse des Dépôts et Consignations / Société de Financement Local)

French Competition Authority • Preview

The Autorité clears, subject to conditions, the acquisition of Société de Financement Local by Caisse des Dépôts et Consignations* On 24 July 2020, the Caisse des Dépôts et Consignations (CDC) notified the Autorité de la Concurrence of its plans to acquire Société de Financement Local (SFIL). The (...)

21 Sep 2020 B

The German Competition Authority clears the acquisition of a hospital operator (Malteser / Helios)

German Competition Authority • Preview

Bundeskartellamt clears acquisition of Malteser Rhein-Ruhr by Helios* Following intensive investigations in the one-month first phase of the merger control proceeding, the Bundeskartellamt has cleared the takeover by Helios Kliniken GmbH of Malteser Rhein-Ruhr gGmbH. The two hospital operators (...)

21 Sep 2020 B

The US DoJ supports the FTC’s proposal of modernizing merger filing exemptions for certain investments

US Department of Justice Antitrust Division • Preview

Antitrust Division Supports Modernizing Merger Filing Exemptions For Certain Investments* The Time Has Come to Update the Merger Filing Rules On Monday, September 21, Assistant Attorney General Makan Delrahim concurred in the Federal Trade Commission’s (FTC) Federal Register publication of a (...)

18 Sep 2020 B

The US DoJ requires divestiture in the acquisition of a craft brew alliance (Anheuser-Busch InBev / Craft Brew Alliance)

US Department of Justice Antitrust Division • Preview

Justice Department Requires Divestiture In Order For Anheuser-Busch To Acquire Craft Brew Alliance* Divestiture Will Preserve Competition in the Beer Industry in the State of Hawaii The Department of Justice announced today that it is requiring Anheuser-Busch InBev SA/NV (ABI), its (...)

18 Sep 2020 B

The Danish Competition Authority fines a design company for dictating prices (GUBI)

Danish Competition Authority • Preview

Design company pays fine of DKK 6 million for dictating prices* GUBI A/S, a Danish design company within furniture and lighting, has entered into a settlement and accepted to pay a fine of DKK 6 million for infringing the Danish Competition Act. The company contacted the authorities on the (...)

18 Sep 2020 B

The Spanish Competition Authority sanctions the amendment of the 4th framework agreement on stowage, for restricting competition (ANESCO / CETM / UGT / CC.OO. / CIG / LAB / ELA)

Spanish Competition Authority • Preview

The CNMC sanctions the amendment of the 4th framework agreement on stowage, for restricting competition* The entities (a business association and six unions) established, as part of the Negotiating Commission of the 4th Framework Agreement on Stowage, the forced transfer - under non-objective, (...)

18 Sep 2020 R

Market allocation: The French DGCCRF is ending a cartel in the sector of employment support services in the Loire department

Alain Ronzano • N° 3-2020

The DGCCRF has just made public a decision of the local PAC concerning an agreement in the sector of support services towards employment in the Loire department.. A DGCCRF survey carried out in 2018 established that two associations managing social actions, each having applied for several lots (...)

17 Sep 2020 C

The future of EU and UK merger control enforcement

Tom Smith, Frederic Depoortere, Guillaume Loriot, Lorenzo Coppi, Giorgio Motta

Webinar of the "Law & Economics" Series organised by Concurrences, in partnership with Compass Lexecon and Skadden, with Guillaume Loriot (Director - Markets and cases II: Information, Communication and Media, DG COMP), Tom Smith (Legal Director, Competition and Markets Authority), Lorenzo (...)

17 Sep 2020 B

Regulated prices & energy: an overview of EU and national case law

Jean-Paul Tran Thiet, Alexandra Sieffert-Xuriguera • Regulated prices & Energy

This Special Issue provides an overview of the main developments related to Regulation and Competition in the Energy sector from 2002 to September 2020. As the concept of “Regulation” has a very broad and sometimes ambiguous meaning, many authors have tried to define it. One of the most popular (...)

17 Sep 2020 B

The EU Court of Justice declares invalid a Commission decision penalizing France for State aid (Ministre de l’Agriculture et de l’Alimentation / Compagnie des pêches de Saint-Malo)

European Court of Justice • Preview

Seized with an interpretation request concerning the arrangements for implementing a Commission decision penalising France for State Aid declared incompatible with the common market, the Court of Justice rules that the decision is invalid* The Commission erred in law in considering that the (...)

17 Sep 2020 B

The EU Commission approves a €44 million Italian recapitalisation scheme to support large companies affected by COVID-19 outbreak

European Commission • Preview

State aid: Commission approves €44 billion Italian recapitalisation scheme to support large companies affected by coronavirus outbreak* The European Commission has approved an Italian scheme, with an overall budget of €44 billion, to support large enterprises affected by the coronavirus (...)

17 Sep 2020 B

The Australian Competition Authority releases an airline competition report exploring the impact of COVID-19 on the sector

Australian Competition Authority • Preview

Airline competition critical for consumers and economy* The ACCC’s Airline Competition in Australia reportreleased today explores the significant impact of COVID-19 on the sector and outlines the approach the ACCC will take to protecting competition. The report is the first under the Federal (...)

17 Sep 2020 B

The Australian Competition Authority authorizes cooperation in the energy industry under strict restrictions due to COVID-19 outbreak

Australian Competition Authority • Preview

Energy industry cooperation authorised with strict conditions* The Australian Energy Market Operator (AEMO) and participants in gas and electricity markets have been authorised to cooperate on measures to secure Australia’s energy supplies during the COVID-19 pandemic. The authorisation (...)

17 Sep 2020 B

The French Competition Authority sanctions three professional organisations for anticompetitive practices in the wine sector (AVA / GPNVA / CIVA)

French Competition Authority • Preview

Alsace wines: The Autorité sanctions three professional organisations for anticompetitive practices* Following evidence and documents sent by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF), the Autorité sanctioned two trade associations, the (...)

17 Sep 2020 B

The French Competition Authority issues an opinion on the analysis of the fixed broadband and superfast broadband wholesale markets (Arcep)

French Competition Authority • Preview

The Autorité de la concurrence has issued an opinion to Arcep as part of the cycle of analysis of the fixed broadband and superfast broadband wholesale markets* Background Arcep requested the opinion of the Autorité de la concurrence on five draft decisions adopted by Arcep as part of the sixth (...)

17 Sep 2020 R

Advantage: The Court of Justice of the European Union considers, with regard to the measures in favour of fishermen in Western France, that the condition of the existence of an advantage conferred on an undertaking was lacking and that the European Commission could not classify as State aid the measure of reduction of wage costs, passed on to employees (Compagnie des pêches de Saint-Malo)

Alain Ronzano • N° 3-2020

On 17 September 2020, the Court of Justice of the European Union delivered its judgment in Case C-212/19 (Minister for Agriculture and Food v. Compagnie des pêches de Saint-Malo) on the reference for a preliminary ruling from the French Conseil d’État on the interpretation of the Commission (...)

17 Sep 2020 B

The French Competition Authority issues an opinion on the competitive bidding process of middle and outer rings of Greater Paris bus lines (Île-de-France Mobilités)

French Competition Authority • Preview

Opening up bus networks in Ile-de-France to competition: the Autorité issues an opinion to Île-de-France Mobilités on the competitive bidding process of middle and outer rings of Greater Paris bus lines* Background Following a referral by the Île-de-France Transport Trade Association, also known (...)

17 Sep 2020 B

The International Competition Network addresses enforcement and policy challenges of the digital economy conference co-hosted with the US DoJ and FTC

US Federal Trade Commission • Preview

International Competition Network Addresses Enforcement and Policy Challenges of the Digital Economy at United States-Hosted 19th Annual Conference The International Competition Network held its 19th annual conference on Sept. 14-17, 2020. Co-hosted by the Federal Trade Commission and the (...)

17 Sep 2020 R

Price coordination: The French Competition Authority sanctions three professional organisations of Alsace wines for a cartel on the price of grapes and for the elaboration and diffusion of price recommendations on bulk wine (AVA, GPNVA, CIVA)

Alain Ronzano • N° 4-2020

On 17 September 2020, the Competition Authority issued a decision no. 20-D-12 by which it sanctions two trade unions, one of winegrowers, the Association des Viticulteurs d’Alsace (AVA) and the other of merchant-producers, the Groupement des Producteurs-Négociants du Vignoble Alsacien (GPNVA), as (...)

17 Sep 2020 B

The US FTC announces a revamped merger retrospective program

US Federal Trade Commission • Preview

FTC’s Bureau of Economics to Expand Merger Retrospective Program* The Federal Trade Commission’s Bureau of Economics has announced a revamped Merger Retrospective Program, which will expand and formalize the Bureau’s retrospective research efforts that have already produced studies analyzing the (...)

17 Sep 2020 B

The US DoJ announces that a former currency trader at a major multinational bank is sentenced to jail and required to pay a fine for participating in price fixing and bid rigging

US Department of Justice Antitrust Division • Preview

Former Foreign Exchange Trader Sentenced To Prison For Price Fixing And Bid Rigging* Akshay Aiyer, a former currency trader at a major multinational bank, was sentenced to serve eight months in jail and ordered to pay a $150,000 criminal fine for his participation in an antitrust conspiracy to (...)

17 Sep 2020 B

The Irish Competition Authority issues preliminary findings to organisations under investigation in the private motor insurance sector (AIG Europe / Allianz / AXA / Aviva / FBD / Brokers Ireland / AA)

Irish Competition Authority • Preview

CCPC issues preliminary findings to organisations under investigation in the private motor insurance sector* The Competition and Consumer Protection Commission (CCPC) has today issued preliminary findings to five insurers, an insurance industry trade association and an insurance broker: AIG (...)

17 Sep 2020 B

The New Zealand Competition Authority warns mobile operators that they should improve consumer choice through easier comparisons (Spark / Vodafone / 2degrees)

New Zealand Competition Authority • Preview

Mobile operators should improve consumer choice through easier comparisons* The Commerce Commission has told New Zealand’s three mobile network operators that they should provide more meaningful comparison information and guard against overspending by mobile phone consumers. Mobile operators (...)

17 Sep 2020 B

The EFTA Surveillance Authority renews decision requiring disclosure of net short positions of 0.1% and above during the COVID-19 pandemic

EFTA Surveillance Authority • Preview

ESA renews decision requiring disclosure of net short positions of 0.1% and above* The EFTA Surveillance Authority (ESA) has renewed its decision to temporarily require holders of net short positions in shares traded on a regulated market of the EEA EFTA States to notify the relevant national (...)

16 Sep 2020 B

The Spanish Competition Authority fines 33 school transport companies and one association for creating a school transport cartel (School transport cartel / Asociación Navarra de Empresarios del Transporte por Carretera y Logística)

Spanish Competition Authority • Preview

The CNMC fines 33 school transport companies and one association for creating a school transport cartel in Navarre* The companies conspired to share the school transport by zones and deceive the School Board of the Government of Navarre, driving up the prices of the service for 8 years. The (...)

16 Sep 2020 B

The UK Competition Authority finds that a motorcycle insurance broker merger raises competition concerns (Ardonagh / Bennetts)

UK Competition Authority • Preview

Motorcycle insurance broker merger raises competition concerns* The CMA has found that Ardonagh’s completed purchase of Bennetts could lead to higher prices, less choice and worse services for motorcyclists in the UK. Ardonagh Group Limited (Ardonagh), which operates the Carole Nash and (...)

16 Sep 2020 R

Competence: The Court of Justice of the European Union rules that the Spanish National Commission for Markets and Competition does not have the status of a ’court’ and therefore cannot submit a request for a preliminary ruling (Anesco a. o.)

Alain Ronzano • N° 3-2020

On 16 September 2020, the Court of Justice of the European Union ruled again on the question of the status of "court or tribunal" within the meaning of Article 267 TFEU of an entity which has submitted a reference for a preliminary ruling to the Court of Justice of the European Union. Case (...)

16 Sep 2020 R

Public passenger transport: The French Competition Authority makes several recommendations with a view to opening up to competition, as of 1 January 2021, a bus network of medium and long-distance lines in the Ile-de-France region (Ile-de-France Mobilités)

Alain Ronzano • N° 3-2020

On 16 September 2020, the Competition Authority issued an opinion No 20-A-08 at the request of Ile-de-France Mobilités, which is the organising authority for transport in the Ile-de-France region, concerning the opening up to competition, from 1 January 2021, of the public passenger transport (...)

16 Sep 2020 B

The New Zealand Competition Authority clears merger on egg production operations (Heyden / Henergy / Rasmusens)

New Zealand Competition Authority • Preview

Commission clears proposed Heyden/Henergy/Rasmusens egg merger* The Commerce Commission has granted clearance to Heyden Farms Limited, Henergy Cage-Free Limited and Rasmusens Poultry Farms Limited to merge their respective egg production operations. Mobile operators should improve consumer (...)

16 Sep 2020 R

Abuse of dominant position: The French Supreme Court confirms in all respects the conclusions of the Court of Appeal concerning practices implemented to hinder the establishment of competing pylons (TDF)

Alain Ronzano • N° 3-2020

On 16 September 2020, the Commercial Chamber of the Court of Cassation handed down its ruling in the case of practices implemented by TDF to prevent the installation of competing pylons. It rejects all the pleas raised in the main appeal brought by TDF, but also the sole plea in the (...)

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