European Commission - DG COMP (Brussels)

European Competition Network Brief

European Commission - DG COMP (Brussels)

The European Competition Network (ECN) Brief is meant to inform about activities of the ECN and its members. This publication is a compilation of contributions from national competition authorities of the European Union and the Competition Directorate General of the European Commission. The titles of the articles reproduced below are not the original titles of the articles as published in the ECN Brief. You will find the original article and title when clicking on the titles below. Please note that the ECN is not the actual "author" of the articles and that the articles published in the ECN Brief are subject to a disclaimer. "The information provided by the ECN Brief is for information purposes only and does not constitute professional or legal advice. Its content is not binding and does not reflect the official position of any Authority. Neither any Authority nor any person acting on its behalf is responsible for the use which might be made of information contained in this publication." The ECN Brief is available in electronic format on the DG COMP’s website (http://ec.europa.eu/competition/ecn/brief/index.html) and the websites of national competition authorities. © European Union.

Auteurs associés

European Commission - DG CNECT (Brussels)
European Commission
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European Commission - DG COMP (Brussels)
DG EMPL (Brussels)

Articles

217963 Bulletin

European Competition Network Brief The European Competition Network issues a joint statement on the application of competition law during the COVID-19 crisis, including allowing companies cooperation to meet demand, and reminding that excessive pricing will be sanctioned

859

Antitrust : Joint statement by the European Competition Network (ECN) on application of competition law during the Corona crisis* The ECN is fully aware of the social and economic consequences triggered by the COVID-19 outbreak in the EU/EEA. The different EU/EEA competition instruments have (...)

European Competition Network Brief The Swedish Patent and Market Court upholds decision by Stockholm District Court that excessively long non-compete clauses in share purchase agreements do not constitute infringement of competition rules by object (Alfa Quality Moving)

352

Non-compete clauses included in share purchase agreements for a period of five years do not constitute an infringement of competition rules by object* On the 29th of November, the Swedish Patent and Market Court of appeal ruled that anti-competitive clauses included in share purchase (...)

European Competition Network Brief The German Higher Regional Court in Düsseldorf upholds the Competition Authority’s decision to prohibit a merger between two supermarket chains (EDEKA / Kaiser’s Tengelmann)

218

Düsseldorf Higher Regional Court confirms prohibition of EDEKA/Kaiser’s Tengelmann merger* Bonn, 24 August 2017 : Yesterday the Düsseldorf Higher Regional Court rejected appeals filed by EDEKA and Kaiser´s Tengelmann against the Bundeskartellamt’s prohibition of the merger between the super (...)

European Competition Network Brief The German Competition Authority allows a company to participate in the national consortium for the construction of military corvettes (ARGE K130)

121

Bundeskartellamt has no serious objections to consortium for the construction of corvettes* Bonn, 19 July 2017 : The Bundeskartellamt will not initiate a proceeding to examine whether the planned participation of German Naval Yards Kiel GmbH ("GNYK") in the consortium ARGE K130 violates the (...)

European Competition Network Brief The German Competition Authority announces fines of € 110 million cannot be collected from a sausage cartel due to its members using an old legal loophole of internal restructuring (Bell Deutschland)

102

"Sausage gap" - Further fines amounting to approx. 110 million euros cease to apply because of internal restructuring measures* In the sausage cartel case the Bundeskartellamt has to terminate further proceedings because the companies were able to make use of a legal loophole which existed (...)

European Competition Network Brief The Danish Competition Authority finds two manufacturers and two associations guilty of forming a cartel in the market for roofing membranes (Icopal / NWP / DTB / TOR)

115

Illegal agreement regarding the Danish market for roofing membranes EU* The Danish Competition Council has decided that the only two Danish manufacturers of roofing membranes ; Icopal Danmark ApS (“Icopal”) and Nordic Waterproofing A/S (“NWP”), as well as the two associations Danske (...)

European Competition Network Brief The Swedish Patent and Market Court upholds a decision by the Competition Authority to fine a tobacco company for abuse of dominance (Swedish Match)

159

Swedish Competition Authority : Tobacco company Swedish Match fined for abuse of market power* The Patent and Market Court in Sweden has ruled that Swedish Match, a producer of snus tobacco, must pay fines amounting to almost SEK 38 million (€ 4 million) for abusing its dominant position. (...)

European Competition Network Brief The EFTA Surveillance Authority closes investigation into alleged abuse of dominant position by ferry operator and municipality (Color Line / Sandefjord Municipality)

189

ESA closes Color Line and Sandefjord investigation* On 20 December 2016, the EFTA Surveillance Authority (“ESA”) closed an investigation of the ferry company Color Line and the municipality of Sandefjord in Norway. The parties have ended practices alleged to be in breach of the EEA (...)

European Competition Network Brief The Romanian Competition Authority fines seven companies in the maritime pilotage and towage services market for prohibited agreements and abuse of dominance by incumbent national company (Canal Sea Services / CNAPM)

122

Competition Council applies fines on seven companies active in the Romanian maritime harbours* The Competition Council finalised the investigation on the markets for pilotage and towage services and found an infringement of Article 101 TFEU and Article 5(1) of the Competition Law by Canal (...)

European Competition Network Brief The Spanish Competition Authority fines eight companies and 9 of their executives for their involvement in a cartel and bid-rigging case in the public procurement process on the national railway market (Infraestructuras Ferroviarias)

184

The CNMC fines four companies and nine of their executives € 5.64 million for dividing up the awards for supplying ADIF with rail turnouts* The CNMC fined € 5.58 million Amurrio Ferrocarril y Equipos, S.A, Jez Sistemas Ferroviarios, S.L., Talleres Alegría, S.A. and Duro Felguera Rail, S.A.U (...)

European Competition Network Brief The Spanish Competition Authority fines 8 manufacturers, their business associations and 4 executives for a long-term cartel in the adult diapers market (AIO)

226

The CNMC fines eight manufacturers of adult nappies, their business association and four executives the sum of €128.8 for forming a cartel* The CNMC has found evidence of an infringement of Article 1 of the Defence of Competition Act, 15/2007, of 3 July, and Article 101 of the Treaty on the (...)

European Competition Network Brief The Danish Competition Authority orders the association of film distributors and cinemas to terminate anticompetitive agreements that restrict cinemas in granting discounts on tickets (FAFID / Danske Biografer)

106

The Danish Competition Council finds agreements limiting the ability of cinemas to grant discounts on ticket prices anticompetitive* On May 25 2016 the Danish Competition Council (“DCC”) issued a decision finding that the Association of Danish Film Distributors (“FAFID”) and the Association (...)

European Competition Network Brief The EFTA Surveillance Authority invites comments on commitments offered by Norwegian undertakings to address the authority’s competition concerns on the Sandefjord-Strömstad ferry route (Color Line / Sandefjord Municipality)

143

EFTA Surveillance Authority invites comments on commitments offered on Sandefjord - Strömstad ferry route* Following the opening of antitrust proceedings by the EFTA Surveillance Authority in March 2015 against the ferry company Color Line AS and the Municipality of Sandefjord in Norway, the (...)

European Competition Network Brief The Swedish Competition Authority closes investigation into the online platform market for food delivery after the dominant firm voluntarily modifies its contractual terms (OnlinePizza)

170

The Swedish Competition Authority closes investigation into the Online platform market for food delivery after OnlinePizza voluntary changed its contractual terms* OnlinePizza Norden AB (OnlinePizza) is the leading online platform for food delivery in Sweden with about 1,200 affiliated (...)

European Competition Network Brief The Spanish Competition Authority fines the national radio broadcasting association for making collective recommendations to its members with anticompetitive effect (AERC)

107

The CNMC fines the Spanish Commercial Radio Broadcasting Association (Asociación Española de Radiodifusión Comercial, AERC) 190,000 euros* Madrid, 21 April 2016. - The CNMC has fined the Spanish Commercial Radio Broadcasting Association (Asociación Española de Radiodifusión Comercial : (...)

European Competition Network Brief The French Competition Authority recommends simplification measures and greater transparency in the standardisation and certification processes, particularly in the construction and public works sector (AFNOR/COFRAC/BTP)

101

The Autorité de la concurrence publishes the results of its sector inquiry into standardisation and certification* The Autorité de la concurrence launched in 2014 a sector inquiry into the standardisation and certification processes in France. After an extensive review of the sector and the (...)

European Competition Network Brief The Danish Competition Appeals Tribunal upholds the Competition Authority’s decision which found a franchisor company guilty of price fixing and market sharing in the market for robotic milking systems (Lely Scandinavia / Danish Lely Centres)

122

The Danish Competition Appeal Tribunal : Agreement to Fix Prices and Share Markets in Robotic Milking Systems Sector was Illegal* On 30 September 2015, the Danish Competition Appeals Tribunal has upheld a decision adopted by the Danish Competition Council (DCC) on 25 June 2014. The DCC’s (...)

European Competition Network Brief The Hungarian Competition Authority fines two companies for operating a discriminatory rebate system in the market for contact lenses and care products (Alcon)

239

Rebate system on the online distribution of contact lenses and care products* In 6 August 2015, the Hungarian Competition Authority (GVH) imposed a fine of HUF 51 356 000 (EUR 165 670) on the Hungarian Branch of Alcon Services AG (CIBA/Alcon) and a fine of HUF 52 343 000 (EUR 168 850) on (...)

European Competition Network Brief The Spanish Competition Authority fines 23 companies for participating in a cartel in the automobile manufacturing and distribution markets (Fabricantes de automóviles)

180

The CNMC has issued 171 million euros in fines to 21 automobile manufacturing and distributing companies in Spain* On 28/07/2015, The CNMC has issued a total of 171 million euros in fines to 21 companies present in the distribution and marketing of motor vehicles market and/or the provision (...)

European Competition Network Brief The Spanish Competition Authority fines 12 companies in the refrigerated road haulage market and their sectoral association for price fixing (Grupo Disfrimur, Grupo Trans Onuba)

80

The CNMC issues 8.8 million euros in fines to 12 refrigerated road haulage companies and their sectoral association* The CNMC issues 8.8 million euros in fines to 12 refrigerated road haulage companies and their sectoral association. The sanctions were imposed following an infraction of (...)

European Competition Network Brief The Bulgarian Competition Authority advocates for removing restrictions of competition concerning surveyors and providers of energy efficiency audits (EEL)

218

CPC Advocates for Removing Restrictions of Competition Concerning Surveyors and Providers of Energy Efficiency Audits* In the framework of its advocacy activities aimed at removing restrictions of competition in the field of professional services, the Commission on Protection of Competition (...)

European Competition Network Brief The Italian Competition Authority fines two cartels in ready-mix concrete sector (Intermodale / General Beton Triveneta / Calcestruzzi / SuperBeton)

252

ICA Fines two Cartels in Ready-Mix Concrete Sector* On 25 March 2015, the Italian Competition Authority (ICA) found that eight ready-mix concrete manufacturers and a consultancy firm infringed Article 101 TFEU by operating two price fixing and market allocation agreements in several areas in (...)

European Competition Network Brief The Bulgarian Competition Authority adopts an advocacy opinion on the legal framework regulating "must carry" obligations introduced for the purposes of the switchover from analogue to digital terrestrial television

137

*Article originally published in ECN Brief 02/2015 (click here), under the title : "CPC Adopts Advocacy Opinion on Digital Terrestrial Television". Please note that the ECN is not the actual author of this article and that the articles published in the ECN Brief are subject to a disclaimer. (...)

European Competition Network Brief The French Competition Authority fines an anti-competitive agreement concerning dairy products sold under retailers’ private labels (Yoghurt cartel)

204

French Competition Authority Imposes € 192.7 Million in Fines for Anti-competitive Agreement Concerning Dairy Products Sold under Retailers’ Private Labels* The Autorité de la concurrence (the Autorité) issued on 12 March 2015 a decision finding 10 dairy producers guilty of entering into an (...)

European Competition Network Brief The Lithuanian Supreme Administrative Court upholds Competition Council’s cartel decision in the shipping sector (Lithuanian Shipbrokers and Agents Association)

390

Court Upholds Competition Council’s Cartel Decision in Shipping Sector* On 4 March 2015, the Supreme Administrative Court confirmed that the Lithuanian Shipbrokers and Agents Association (the Association) and 32 Association members had concluded an anti-competitive agreement. On 8 December (...)

European Competition Network Brief The Slovenian Competition Authority holds that the incumbent telecom operator abused its dominant position by refusing access to network (Telekom Slovenije)

303

Telekom Slovenije Abuses its Dominant Position by Refusing Access to Network* On 2 February 2015, the Slovenian Competition Protection Agency (CPA) concluded that Telekom Slovenije (Telekom), the incumbent telecom operator, abused its dominant position on the wholesale markets for broadband (...)

European Competition Network Brief The Austrian Cartel Court imposes fines totalling € 17 468 091 on 30 companies active in the freight forwarding market for infringement of Art. 101 TFEU by agreeing on tariffs for domestic combined shipments (SSK)

200

Cartel in the Freight Forwarding Market* On 19 December 2014 the Cartel Court imposed fines totalling € 17 468 091 on 30 companies active in the freight forwarding market for infringement of Article 101 TFEU by agreeing on tariffs for domestic combined shipments. A declaratory decision was (...)

European Competition Network Brief The Swedish Competition Authority initiates fines proceedings against a manufacturer of wet tobacco for abusing its dominant position (Swedish Match)

170

SCA Initiates Fines Proceedings against Swedish Match for Abusing its Dominant Position* On 9 December 2014 the Swedish Competition Authority (SCA) filed proceedings before the Stockholm District Court (the Court) against Swedish Match North Europe AB (Swedish Match), a manufacturer of wet (...)

European Competition Network Brief The Spanish Competition Authority fines companies for their participation to a cartel in the recovery and sale of waste paper and cardboard sector (Unión de empresas de recuperación)

178

CNMC Fines Companies for Cartel in Recovery and Sale of Waste Paper and Cardboard* On 19 November 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) imposed fines amounting to € 3 830 000 on 14 companies active in recovery and sale of waste paper and cardboard for an (...)

European Competition Network Brief The Luxembourg Competition Authority fines the incumbent telecom operator for abuse of dominance (Entreprise des Postes et Télécommunications)

362

Competition Council Fines Incumbent Telecom Operator for Abuse of Dominant Position in Telecommunication Services Sector* On 13 November 2014, Luxembourg’s competition authority fined the Entreprise des Postes et Télécommunications (EPT), the parent company of Post Telecom, the incumbent (...)

European Competition Network Brief The Spanish Competition Authority fines a telecom operator for restrictions in its mobile services contracts with small and medium-sized businesses (Telefónica Móviles)

236

CNMC Fines Telefónica Móviles* On 30 October 2014, Telefónica Móviles was fined € 25 784 341 for switching restrictions in its mobile services contracts with small and medium-sized businesses (SMEs). The Comisión Nacional de los Mercados y la Competencia (CNMC) found that this practice (...)

European Competition Network Brief The Polish Competition Authority monitors the implementation of commitments by an oil and gas exploration and production company to modify contractual relations with customers (PGNiG)

199

UOKiK Monitors Implementation of Commitments by PGNiG to Modify Contractual Relations with Customers* On 17 October 2014, the Office of Competition and Consumer Protection (UOKiK) initiated proceedings to determine whether Polskie Górnictwo Naftowe i Gazownictwo (PGNiG), Poland’s largest oil (...)

European Competition Network Brief The Spanish Competition Authority imposes fine in purebred horses morphological competition sector (Association of Purebred Spanish Horse Breeders of Spain)

262

Spain : The Comisión Nacional de los Mercados y la Competencia imposes Fine in Purebred Horses Morphological Competition Sector* On 9 September 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) Council adopted a decision finding that the ANCCE (Asociación Nacional de (...)

European Competition Network Brief The Italian Competition Authority holds that provisions of the code of conduct for doctors and dentists limiting advertising restrict competition (FNOMCEO)

191

Provisions of Code of Conduct for Doctors and Dentists Limiting Advertising Restrict Competition* On 4 September 2014, the Italian Competition Authority (ICA) adopted a decision against the National Federation of the Associations of Doctors and Dentists (FNOMCEO) concerning provisions of (...)

European Competition Network Brief The Hungarian Competition Authority finds that several importers of car refinishing paints concerted their practices and fixed prices (Alami, Autocolor)

272

Hungary : Decision adopted in Car Refinishing Paints Case* On 1 August 2014, the Hungarian Competition Authority (GVH) adopted a decision finding that several importers of car refinishing paints concerted their practices in an anticompetitive manner by fixing indirectly the average price (...)

European Competition Network Brief The Bulgarian Commission for the Protection of Competition recommends wider representation of interested parties in adoption procedure of regulatory acts in healthcare sector

100

Bulgaria : The Commission for the Protection of Competition recommends Wider Representation of Interested parties in Adoption Procedure of Regulatory Acts in Healthcare Sector* On 23 July 2014, the Commission on Protection of Competition (CPC) adopted an advocacy opinion stating that the (...)

European Competition Network Brief The Italian Competition Authority accepts commitments in a case concerning resale price maintenance by a producer of renewable energy converters (Power-One)

218

Italy : The Italian Competition Authority accepts Commitments in Energy Converters Case* On 2 July 2014, the Italian Competition Authority (ICA) adopted a commitment decision in relation to an alleged violation of Article 101 TFEU by Power-One Italy Spa (Power-One), an Italian undertaking (...)

European Competition Network Brief The Austrian Cartel Court adopts several decisions imposing fines for vertical restrictions including RPM and restrictions of online sales (Pioneer Electronics / Media-Saturn / Hans Lurf / SSA Fluidra Grundig)

365

Austria : Fines imposed for Vertical Restrictions and Restrictions of Online Sales* Since March 2014, the Cartel Court adopted several decisions imposing fines for vertical restrictions including RPM and restrictions of online sales infringing Article 101 TFEU and § 1 Austrian Cartel Act : (...)

European Competition Network Brief The Bulgarian Commission for the Protection of Competition recommends amending legislation on procedure for awarding contracts for activities in forest territories

91

Bulgaria : The Commission for the Protection of Competition recommends amending Legislation on Procedure for Awarding Contracts for Activities in Forest Territories* On 18 June 2014, the Commission for the Protection of Competition (CPC) adopted an opinion (Decision N°786/2014) regarding (...)

European Competition Network Brief The Romanian Supreme Court of Justice and Cassation upholds Competition Authority’s decision on bid rigging in gas sector (Moldocor / T.M.U.C.B.)

283

Romania : The Romanian Courts uphold Authority’s Decision on Bid Rigging in Gas Sector* In a ruling of June 2014, the Supreme Court of Justice and Cassation (SCJC) confirmed a 2012 decision of the Romanian Competition Council which found that S.C. Moldocor S.A. (Moldocor) had rigged bids in (...)

European Competition Network Brief The Luxembourg Competition Authority renders binding commitments offered by an association of experts abandoning use of hourly fees (Chamber of experts)

94

Luxembourg : The Competition Council renders binding Commitments offered by Chamber of Experts abandoning Use of hourly Fees* By decision of 26 May 2014, the Competition Council accepted the commitments offered by the Chamber of Experts of the Grand Duchy of Luxembourg (CEL) and closed the (...)

European Competition Network Brief The Austrian Cartel Court imposes a fine of € 290 000 on a manufacturer of building insulation materials for resale price maintenance and exchange of information (Swisspor)

212

Austria : New Decision imposing Fines in Building Insulation Case* On 16 May 2014, the Cartel Court imposed a fine of € 290 000 on Swisspor, a manufacturer of building insulation materials, for infringing Article 101 TFEU and § 1 Austrian Cartel Act. The Court found that the undertaking (...)

European Competition Network Brief The Slovak and Czech Competition Authorities sign a memorandum of cooperation in order to develop and strengthen the existing good cooperation into the future

259

Slovakia : Memorandum of Cooperation between Czech Office for the Protection of Competition and Antimonopoly Office of the Slovak Republic* On 16 April 2014, the Chairmen of the Antimonopoly Office of the Slovak Republic and the Office for the Protection of Competition of the Czech Republic (...)

European Competition Network Brief The Bulgarian Commission for the Protection of Competition recommends abolishing unreasonable administrative barriers to competition in auditors’ market

89

Bulgaria : The Commission for the Protection of Competition recommends abolishing unreasonable Administrative Barriers to Competition in Auditors’ Market* On 12 March 2014, the Commission for the Protection of Competition (CPC) issued an advocacy opinion in which it recommends abolishing (...)

European Competition Network Brief The UK Competition Authority announces programme of work on banking and clarifies whether or not to make a market investigation reference to be conducted by a CMA panel of independent members

100

United Kingdom : The Competition and Markets Authority announces Programme of Work on Banking* On 11 March 2014, the Competition and Markets Authority (CMA) announced a short programme of work on banking, which will lead to a decision on whether or not to make a market investigation (...)

European Competition Network Brief The Polish Office of Competition and Consumer Protection submits for consultation the drafts of government documents on competition and consumer protection policy

107

Poland : New Competition Policy Strategy of the Office of Competition and Consumer Protection* On 20 February 2014, the Office of Competition and Consumer Protection (UOKiK) submitted for consultation the drafts of government documents on competition and consumer protection policy before (...)

European Competition Network Brief The Austrian Cartel Court imposes fines for resale price maintenance in food sector (Kärntnermilch, Vereinigte Kärntner Brauereien, Brauerei Schloss Eggenberg Stöhr)

229

Austria : The Cartel Court imposes Fines for Resale Price Maintenance in Food Sector* In December 2013 and January 2014,the Cartel Court (the Court) took several decisions imposing fines on companies active in the food sector for having infringed Article 101 TFEU and §1 of the Austrian (...)

European Competition Network Brief The Supreme Administrative Court of Lithuania refers to the Court of Justice of the European Union for a preliminary ruling about concerted practices relating to online sale of package tours (Eturas)

178

Lithuania : Reference for Preliminary Ruling to ECJ in Case relating to Online Sale of Package Tours* On 17 January 2014, the Supreme Administrative Court of Lithuania (Supreme Court) referred to the Court of Justice of the European Union for a preliminary ruling in the case Eturas and (...)

European Competition Network Brief The Polish Competition Authority renders legally binding commitments in an abuse of dominant position case in the retail and wholesale markets of gas supply (PGNiG)

201

Poland : PGNiG offers Commitments in Abuse of Dominance Case* On 31 December 2013, the President of the Office of Competition and Consumer Protection (UOKiK) adopted a decision rendering the commitments offered by Polskie Górnictwo Naftowe i Gazownictwo (PGNiG) binding in the framework of (...)

European Competition Network Brief The Dutch Competition Authority publishes its study on the possibilities of switching banks for consumers who experienced a decrease of their income or value of their house

119

The Netherlands : ‘Underwater Mortgages’ do not result in higher Interest Rates for Homeowners* On 20 December 2013, the Netherlands Authority for Consumers and Markets (ACM) published its study on the possibilities of switching banks for consumers who experienced a decrease of their income (...)

European Competition Network Brief The EU Commission imposes fines totaling €16 million on pharmaceutical companies for delaying market entry of generic pain-killer (Johnson & Johnson / Novartis)

361

European Commission imposes Fines of € 16 000 000 on Johnson & Johnson and Novartis for delaying Market Entry of generic Pain-Killer Fentanyl* On 10 December 2013, the European Commission imposed fines of € 10 798 000 on the US pharmaceutical company Johnson & Johnson (J&J) and (...)

European Competition Network Brief The EU Commission fines banks €1.71 billion for participating in cartels in the interest rate derivatives industry (Barclays /Deutsche Bank / RBS / Société Générale)

352

European Commission fines Banks € 1 710 000 000 for Participation in Cartels in the Financial Derivatives Industry* On 4 December 2013, the Commission has fined 8 banks a total of € 1 712 468 000 for participating in cartels in markets for financial derivatives covering the EEA. Four of (...)

European Competition Network Brief The Spanish Competition Authority fines media company and football clubs for breaching a resolution on the acquisition of broadcasting rights for football competitions (Mediapro / Real Madrid / FC Barcelona / Sevilla / Racing de Santander)

268

Spain : The Comisión Nacional de los Mercados y la Competencia fines Mediapro and four Football Clubs € 15 000 000* On 2 December 2013, the Council of the National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia or CNMC) imposed fines amounting to (...)

European Competition Network Brief The German and UK Competition Authorities close investigations against leading online retailer concerning its price parity policy applicable to third party sellers (Amazon)

373

Germany and United Kingdom : Antitrust Cases against Amazon formally closed* On 26 and 29 November 2013, the German Bundeskartellamt (BKartA) and the UK’s Office of Fair Trading (OFT) terminated their respective antitrust investigations into Amazon’s price parity policy applicable to third (...)

European Competition Network Brief The Polish Court of Competition and Consumer Protection confirms the Competition Authority’s decision on multilateral interchange fees (Visa / MasterCard)

305

Poland : The Court of Competition and Consumer Protection confirms UOKiK’s Decision on Multilateral Interchange Fees* On 21 November 2013, the Court of Competition and Consumer Protection (SOKiK) confirmed the decision of the President of the Office of Competition and Consumer Protection (...)

European Competition Network Brief The Greek Competition Authority issues infringement decisions with fines against professional associations of foreign language school owners for price-fixing and other restrictions in the exercise of professional activities of their members (Panhellenic Federation of Language School Owners)

406

Greece : The Hellenic Competition Commission issues Commitments Decision on Foreign Language School Owners’ Association* On 25 October 2013 the Hellenic Competition Commission (HCC) published its decision No 554/VII/2012 regarding anticompetitive practices of seven professional associations (...)

European Competition Network Brief The Luxembourgish Competition Council fines producers of railway switches for having participated in a market sharing and price fixing cartel (Voestalpine, Schreck-Mieves, Kihn, Vossloh)

208

Luxembourg : Fines imposed in Railway Switches Cartel Case* The Luxembourgish Competition Council (the Council) has fined two producers of railway switches by decision of 23 October 2013. Two German undertakings, voestalpine BWG GmbH (voestalpine) and Schreck-Mieves GmbH (Schreck-Mieves) (...)

European Competition Network Brief The UK Office of Fair Trading launches market study into the supply of information and communications technology (ICT) goods and services to the public sector

129

United Kingdom : The Office of Fair Trading launches Market Study into Supply of Public Sector ICT Services* On 15 October 2013, the Office of Fair Trading (OFT) launched a market study into the supply of information and communications technology (ICT) goods and services to the public (...)

European Competition Network Brief The Slovenian Competition Authority finds that pharmaceutical wholesalers engaged in illegal price fixing and market sharing in selling medicines for human use to public pharmacies (Kemofarmacija, Salus, Farmadent and Gopharm)

657

Slovenia : Agreement/Concerted practice in the Pharmaceutical Sector* On 14 October 2013, the Slovenian Competition Protection Agency (CPA) issued a decision finding that four Slovenian wholesalers of pharmaceuticals, namely Kemofarmacija, Salus, Farmadent and Gopharm, infringed Article 6 (...)

European Competition Network Brief The UK OFT issues statement of objections to sports bra supplier and three department stores for alleged resale price maintenance (DB Apparel / John Lewis / Debenhams Retail / House of Fraser)

293

United Kingdom : The Office of Fair Trading issues Statement of Objections to Sports Bra Supplier and Three UK Department Stores* On 20 September 2013, the Office of Fair Trading (OFT) issued a Statement of Objections to a manufacturer of sports bras and three UK department stores alleging (...)

European Competition Network Brief The French Competition Authority obtains significant reduction of main multilateral interchange fees on domestic card transactions (MasterCard / Visa)

173

France : The Autorité de la concurrence obtains significant Reduction of main Multilateral Interchange Fees charged by MasterCard and Visa on Domestic Card Transactions* On 20 September 2013, the Autorité de la concurrence (the Autorité) accepted Visa and MasterCard’s binding commitments to (...)

European Competition Network Brief The Spanish Competition Authority fines several container carrier associations in port of Valencia for market sharing (Container Carrier Associations)

169

Spain : The Comisión Nacional de la Competencia fines several Container Carrier Associations in Port of Valencia* On 18 September 2013, the Comisión Nacional de Competencia (CNC) Council, decided on the case brought by the CNC Investigations Division on 14 June 2011 (S/0314/10) against (...)

European Competition Network Brief The Bulgarian Competition Authority investigates heating cost allocation companies for alleged coordinated behaviour relating to prices (Toplofikacia Sofia, Techem Services, Nelbo, Brunata and Ista Bulgaria)

148

Bulgaria : The Commission for the Protection of Competition investigates Heating Cost Allocation Companies* On 18 September 2013, the Commission on Protection of Competition (CPC) opened an ex officio investigation pursuant to Article 15 of the Law on Protection of Competition (LPC) and (...)

European Competition Network Brief The Belgian Competition Council fines cement producers, their trade association and a center for research for the cement industry for collusion (Cimenteries CBR, Holcim, Compagnie des ciments belges)

226

Belgium : Fines for Collusion between Cement Producers* On 30 August 2013, the Competition Council (the Council) decided that all three large Belgian cement producers, their trade association and the National Center for technical and scientific research for the cement industry (involved in (...)

European Competition Network Brief The Spanish Competition Authority fines collecting society due to an abuse of dominant position concerning the management of intellectual property rights for musical videos played on jukeboxes (Asociación de Gestión de Derechos Intelectuales)

194

Spain : The Comisión Nacional de la Competencia fines Collecting Society AGEDI concerning Management of IPR for Use of Musical Videos on Jukebox* By decision of 26 August 2013, the Comisión Nacional de la Competencia (CNC) Council fined Asociación de Gestión de Derechos Intelectuales (AGEDI) (...)

European Competition Network Brief The Hungarian Competition Authority imposes fines on two cable operator associations for infringing the rules prohibiting anti-competitive agreements (MKSZ / MKHSZ)

132

Hungary : Fines imposed on two Cable Operator Associations* On 7 August 2013, the GVH (the Hungarian Competition Authority) imposed fines totalling HUF 11 000 00 (approximately € 37 000) on two cable operator associations for infringing the rules prohibiting anti-competitive agreements. The (...)

European Competition Network Brief The UK OFT refers payday lending market to the Competition Commission because of concerns the OFT has about deep-rooted problems with the way competition works

141

United Kingdom : The OFT refers Payday Lending Market to the Competition Commission* The UK Office of Fair Trading refers the market for payday lending to the Competition Commission On 27 June 2013, the Office of Fair Trading (OFT) referred the market for payday lending in the UK to the (...)

European Competition Network Brief The Swedish Competition Authority presents the results of inquiry into the banking and financial sector by focusing particularly on deposits, mortgages and investment funds

168

Sweden : The Competition Authority presents Results of Inquiry into Banking and Financial Sector* On 17 June 2013, the Swedish Competition Authority (SCA) released a report presenting the results of a sector inquiry into the Swedish Banking and Financial Sector. The report focuses (...)

European Competition Network Brief The Bulgarian Competition Authority issues opinion in ex officio proceedings regarding the compliance with the competition rules of two legal acts regulating the supply of central heating

118

Bulgaria : The Legal Framework on Central Heating distorts Competition and may harm Consumers’ Welfare* By Decision No 623/30.05.2013, the Bulgarian Commission on Protection of Competition (CPC) adopted a competition advocacy opinion in ex officio proceedings concerning compliance with the (...)

European Competition Network Brief The French Competition Authority fines a pharmaceutical company for having implemented a strategy of denigrating the generic versions of its branded drugs (Sanofi-Aventis)

325

France : The Autorité de la Concurrence fines Sanofi-Aventis € 40 600 000 for denigrating Generic Versions of branded Drug Plavix* On 14 May 2013, following a complaint from the generics manufacturer Teva Santé, the Autorité de la concurrence (the Autorité) imposed a fine of € 40 600 000 on (...)

European Competition Network Brief The Irish Competition Authority secures binding commitments in a case of resale price maintenance of footwear products (FitFlop / Double Bay Enterprises)

257

Ireland : Commitments in Case of Resale Price Maintenance in Footwear Products* In February 2013, the Competition Authority (the Authority) secured binding commitments from FitFlop footwear distributor, Double Bay Enterprises Limited, in relation to its policy of resale price maintenance (...)

European Competition Network Brief The UK OFT issues statement of objections to certain pharmaceutical companies alleging they acted to delay effective competition in the UK supply of medicine (GSK / GUK / Alpharma / IVAX)

206

United Kingdom : The OFT issues Statement of Objections in Case involving Pharmaceutical Companies* On 19 April 2013, the Office of Fair Trading (OFT) issued a Statement of Objections to certain pharmaceutical companies alleging they acted to delay effective competition in the UK supply of (...)

European Competition Network Brief The Düsseldorf Higher Regional Court increases fines against liquefied petroleum gas cartel (Friedrich Scharr / Primagas / Krefeld / Progas / Dortmund / Sano-Propan / Nuremberg / Tyczka Totalgaz)

491

Germany : The Düsseldorf Higher Regional Court increases Fines against Liquefied Petroleum Gas Cartel* On 16 April 2013, the Düsseldorf Higher Regional Court - the Oberlandesgericht Düsseldorf (the Court) has imposed fines of € 244 000 000 on five members of the liquefied petroleum gas (...)

European Competition Network Brief The French Competition Authority issues negative opinion on government proposal establishing good practices for online delivery of medicinal products

110

France : The Autorité de la concurrence issues negative Opinion on Government Proposal establishing ‘Good Practices’ for Online Delivery of Medicinal Products* On 10 April 2013, the Autorité de la concurrence (the Autorité) issued an opinion on a draft ministerial order establishing ‘good (...)

European Competition Network Brief The German Competition Authority concludes a series of proceedings against consumer goods manufacturers with fines totalling approximately € 20 M (Nestlé)

185

Germany : The Bundeskartellamt concludes Proceedings against Consumer Goods Manufacturers* On 27 March 2013, the Bundeskartellamt (BKartA) has concluded a series of proceedings against consumer goods manufacturers with fines totalling approximately € 20 000 000 being imposed on Nestlé (...)

European Competition Network Brief The German Competition Authority fines six several manufacturers of branded drugstore products for information exchange (Manufacturers of drugstore products cartel)

293

Germany : Multi-million Fines imposed on Manufacturers of Drugstore Products on account of anti-competitive Information Exchange* On 18 March 2013, the Bundeskartellamt (BKartA) concluded its proceedings against several manufacturers of branded drugstore products (body care products, (...)

European Competition Network Brief The Polish Competition Authority opens proceedings against mobile telephony operators for alleged abuse of collective dominant position (Polska Telefonia Cyfrowa / Centertel / Polkomtel)

282

Poland : The Office of Competition and Consumer Protection (UOKiK) opens Proceedings against Mobile Telephony Operators for alleged Abuse of Collective Dominant Position* On 18 March 2013, the President of the Polish Office of Competition and Consumer Protection (UOKiK) opened antimonopoly (...)

European Competition Network Brief The French Competition Authority sets out conditions for network sharing in mobile telephony sector and considers impact on competition of national roaming arrangements between MNOs

218

France : The Autorité de la concurrence sets out Conditions for Network Sharing in Mobile Telephony Sector and considers Impact on Competition of national Roaming Arrangements between MNOs* Following a Government referral, the Autorité de la concurrence (the Autorité) issued an opinion on (...)

European Competition Network Brief The Belgian President of the Competition Council rejects a request for interim measures in a case regarding cooperation between prisons and sheltered workshops (Comptoir de Russie)

158

Belgium : No Interim Measures in Case regarding Cooperation between Prisons and Sheltered Workshops* On 5 March 2013, the President of the Competition Council rejected a request for interim measures in a case regarding an agreement fixing the terms of cooperation between prison workshops (...)

European Competition Network Brief The Spanish Competition Authority fines three companies for cartel in paper products sector (Enri 2000, Pacsa, Papelera del Carrión and Unipapel Transformación y Distribución)

105

Spain : The Comisión Nacional de la Competencia fines three Companies for Cartel in Paper Products Sector* In its Resolution of 15 February 2013, the Comisión Nacional de la Competencia (CNC) Council found that Enri 2000, S.A., Pacsa, Papelera del Carrión S.L. and Unipapel Transformación y (...)

European Competition Network Brief The French Competition Authority fines eight pig slaughterers and two professional bodies for several anti-competitive agreements (Pig Slaughterers)

140

France : The Autorité de la concurrence fines eight Pig Slaughterers and two Professional Bodies for several anti-competitive Agreements* On 13 February 2013, following a complaint from four pig farmers and the opening of ex officio proceedings which allowed the Autorité de la concurrence (...)

European Competition Network Brief The German Competition Authority coordinates with the Dutch Competition Authority on their fining against a German mill involved in a cartel in the flour industry (Mühlen)

246

The Netherlands and Germany : Joint Solution to cross-border Inability to Pay Claim in Flour Cartel Cases* At the end of January 2013, the Bundeskartellamt (BKartA) and the Netherlands Competition Authority (NMa) coordinated their fining with regard to a German flour mill (the undertaking). (...)

European Competition Network Brief The Lithuanian Supreme Court upholds the Competition Authority’s decision finding abuse of dominant position in the fuel sector (Orlen Lietuva)

284

Lithuania : The Supreme Administrative Court upholds Competition Council’s Decision finding Abuse of Dominant Position in Fuel Sector* On 21 January 2013, the Supreme Administrative Court of Lithuania (the Supreme Court) issued a final ruling stating that the Competition Council (CC) by its (...)

European Competition Network Brief The French Competition Authority reaffirms importance of mobile virtual network operators in stimulating competition on mobile telephony markets

132

France : The Autorité de la concurrence reaffirms Importance of MVNOs in stimulating Competition on Mobile Telephony Markets* On 21 January 2013 the Autorité de la concurrence (the Autorité) issued an opinion examining the market conditions for mobile virtual network operators (MVNOs) and (...)

European Competition Network Brief The Spanish Competition Authority fines transport carriers for fixing prices, limiting production and sharing out the market for the road transport of containers originating from or destined for the port of Barcelona (ALTC, COTRAPORT, Barcelona Port Authority)

156

Spain : The Comisión Nacional de la Competencia fines ALTC, COTRAPORT and Barcelona Port Authority in Road Transport of Containers Case* In its resolution of 10 January 2013, the Comisión Nacional de la Competencia (CNC) Council found that between January 2006 and March 2011, an agreement (...)

European Competition Network Brief The German Competition Authority fines two major TV broadcasting groups and two individuals for entering into anticompetitive agreements when they introduced the encryption of their digital free TV programmes (Pro7Sat1 and RTL)

187

Germany : The Bundeskartellamt imposes Fines on Pro7Sat1 and RTL on account of Agreements on basic Encryption of TV Programmes and secures unencrypted SD TV* On 28 December 2012 the Bundeskartellamt (BKartA) imposed fines totalling approximately € 55 000 000 on the two major German TV (...)

European Competition Network Brief The German Competition Authority declares legally binding commitments offered by an airline company regarding specific issues with its data tracking methods (Lufthansa)

170

Germany : Lufthansa changes anticompetitive Clauses in Corporate Client Programme* On 20 December 2012 the Bundeskartellamt (BKartA) declared commitments of Lufthansa binding regarding specific issues with Lufthansa’s data tracking methods. The proceedings against Lufthansa were triggered (...)

European Competition Network Brief The Lithuanian Competition Authority imposes fines on the provider of cash handling services and three major banks for anti-competitive agreements in the cash handling services (G4S Lietuva / DNB bank / SEB bank and Swedbank)

249

Lithuania : The Competition Council imposes Fines on Cash Handling Services Provider and three Banks for Restricting Competition in Cash Handling and Cash in Transit Services* On 20 December 2012, the Lithuanian Competition Council (CC) imposed fines exceeding LTL 57 000 000 (approximately (...)

European Competition Network Brief The Swedish Market Court adopts a decision stating that a sport automobile federation cannot apply its loyalty rules in the future (Automobile Sports Federation)

191

Sweden : Market Court’s Decision in Automobile Sports Federation Case* On 20 December 2012, the Swedish Market Court (the Court) adopted a decision stating that the Swedish Automobile Sports Federation (the Federation) cannot apply its loyalty rules in the future. In May 2011, the SCA (...)

European Competition Network Brief The Spanish Competition Authority fines three mobile operators for abusing their dominant position in wholesale telephone short messaging markets (Telefónica / Vodafone / Orange)

159

Spain : The Comisión Nacional de la Competencia fines Telefónica, Vodafone and Orange for abusing their Dominant Position in Wholesale Telephone Short Messaging Markets* In its resolution of 19 December 2012, the Comisión Nacional de la Competencia (CNC) Council found that the three mobile (...)

European Competition Network Brief The Dutch Competition Authority fines of more than € 4 M on seven growers and processors of first year onion sets for having reduced their harvest in order to push prices up and thereby infringing EU and Dutch competition law (Onion Sets Cartel)

90

The Netherlands : The Competition Authority fines Onion Sets Cartel* On 18 December 2012, the Netherlands Competition Authority (NMa) imposed fines of more than € 4 000 000 on seven growers and processors of first year onion sets for having reduced their harvest in order to push prices (...)

European Competition Network Brief The Swedish Market Court annuls interim order prohibiting the ice hockey league association from boycotting players from North America’s hockey league (Svenska Hockeyligan)

305

Sweden : The Competition Authority’s Interim Order prohibiting Hockeyligan from boycotting NHL Players annulled by Swedish Market Court* On 18 December 2012, the Swedish Market Court (the Court) has annulled the Swedish Competition Authority’s (SCA) interim order prohibiting the Swedish (...)

European Competition Network Brief The French Competition Authority fines two leading mobile phone operators for applying unjustified rate differentiation practices between calls made within their network and calls to a rival network (Orange / SFR)

206

France : The Autorité de la concurrence fines two Telecom Operators in Mobile Telephony Sector* On 13 December 2012, following a complaint by Bouygues Télécom, a mobile phone operator, the Autorité de la concurrence (the Autorité) fined the two leading mobile phone operators, Orange and (...)

European Competition Network Brief The EU Commission closes its case concerning the e-books sector after accepting a range of commitments, including the removal of MFN clauses (Simon & Schuster / Harper Collins / Hachette / Holtzbrinck / Apple)

390

European Commission accepts Commitments in E-Books Case* On 12 December 2012, the European Commission (Commission) accepted formally binding commitments from four international publishers (Simon & Schusters (CBS Corp., USA), HarperCollins (News Corp., USA), Hachette Livre (Lagardère (...)

European Competition Network Brief The Belgian Competition Authority imposes on national postal incumbent a fine of more than €37 million for applying a rebate scheme that infringed EU and national competition laws (bpost)

338

Belgium : Fine for Abuse of Dominance in Postal Sector* On 10 December 2012, the Competition Council (the Council) imposed on bpost (formerly called La Poste – De Post), the Belgian postal incumbent, a fine of € 37 399 786 for a rebate scheme called “model per sender” which was applied (...)

European Competition Network Brief The European Commission fines 7 international groups of companies a total of € 1 470 515 000 for participating in either one or both of two distinct cartels in the sector of cathode ray tubes (CRT Cartel)

217

European Commission fines seven international groups of companies a total of € 1 470 515 000 for participating in either one or both of two distinct cartels in the sector of cathode ray tubes* On 5 December 2012, the European Commission (the Commission) has fined seven international groups (...)

European Competition Network Brief The Belgian Competition Authority decides there are no grounds for action against the incumbent telecom operator for the launch of new tariff plan for fixed telephony services (Tele2 / Belgacom)

243

Belgium : The Belgium Competition Council decides there are no grounds for action against Belgacom for the launch of Happy Time Tariff Plan for fixed Telephony Services* On 29 November 2012, the Competition Council (the Council) concluded that on the basis of the information in its (...)

European Competition Network Brief The Spanish Competition Authority fines six shipping groups for cartel in maritime transport between Spanish Peninsula and Morocco (Maritime Transport Cartel)

139

Spain : The Comisión Nacional de la Competencia fines six Shipping Groups for Cartel in Maritime Transport between Spanish Peninsula and Morocco * In its Resolution of 7 November 2012, the Council of the Comisión Nacional de la Competencia (CNC) found that six shipping companies active in (...)

European Competition Network Brief The Italian Competition Authority opens formal proceedings against four insurance companies for alleged bid-rigging (Assicurazioni Generali, INA Assitalia, Unipol Assicurazioni and Fondiaria)

286

Italy : The Competition Authority opens Formal Proceedings against four Insurance Companies for alleged Bid-Rigging* At the end of November 2012, the Italian competition authority (ICA) conducted inspections at the headquarters of four insurance companies on suspicion of possible (...)

European Competition Network Brief The Danish Competition and Consumer Authority interviewes 1 800 undertakings about their efforts to comply with the competition and consumer legislation and adopts a report

39

The Danish Competition and Consumer Authority interviewes 1 800 Danish undertakings about their efforts to comply with the competition and consumer législation and adopts a report* The purpose of the Danish Competition Act (konkurrenceloven – Competition Act) and Danish consumer legislation (...)

European Competition Network Brief The German Competition Authority launches a second sector inquiry into the market of oil to make an assessment of the competitive situation at the manufacturing and the wholesale levels

84

The German Competition autorithy launches a second sector inquiry into the market for oil to make an assessment of the competitive situation at the manufacturing and the wholesale level* On 27 September 2012, the Bundeskartellamt (BKartA) has launched a second sector inquiry into the market (...)

European Competition Network Brief The German Competition Authority imposes fines on manufacturers of power transformers on account of collusive tendering (ABB / Alstom Grid / Siemens / Starkstrom-Gerätebau)

248

Germany : The Bundeskartellamt imposes Fines on Manufacturers of Power Transformers on account of collusive Tendering* On 20 September 2012, the Bundeskartellamt (BKartA) imposed fines totalling € 24 300 000 on four manufacturers of power transformers for an infringement of the national and (...)

European Competition Network Brief The Swedish Competition Authority issues an interim order prohibiting national elite ice hockey league from boycotting players from North America’s national hockey league (Svenska Hockeyligan)

253

Sweden : The Swedish Competition Authority issued an interim order prohibiting Svenska Hockeyligan AB, Sweden’s elite ice hockey league, from boycotting players from North America’s National Hockey League* On 20 September 2012, the Swedish Competition Authority (SCA) issued an interim order (...)

European Competition Network Brief The Italian Competition Authority initiates investigation against three telecom operators for alleged restrictive agreement (Telecom / Vodafone / Wind)

197

Italy : The Italian Competition Authority opens Proceedings against Telecom, Vodafone and Wind for alleged restrictive Agreement* On 12 September 2012, the Italian Competition Authority (ICA), launched an investigation to determine whether Telecom Italia SpA (Telecom), Vodafone Omnitel NV (...)

European Competition Network Brief The Romanian Competition Council fines a professional association for limiting the access to the market of services offered by the judicial executors (National Association of Judicial Executors)

271

Romania : The Competition Council decides to impose Fines on the National Association of Judicial Executors* In September 2012, the Romanian Competition Council (RCC) found that the National Association of Judicial Executors (the association) had infringed Article 101 TFEU and Article 5 of (...)

European Competition Network Brief The German Competition Authority imposes a fine totaling € 8.2 M for vertical resale price maintenance of a selective distribution system in the tools sector (Tooltechnic)

704

Germany : The Bundeskartellamt imposes Fines for Vertical Resale Price Maintenance in Tools Selective Distribution System* On 20 August 2012, the Bundeskartellamt (BKartA) imposed a fine totalling € 8 200 000 on TTS Tooltechnic Systems Deutschland GmbH (Tooltechnic). This case concerns (...)

European Competition Network Brief The Spanish Competition Authority finds that several undertakings active in the post-tensioning and geotechnical systems have been sharing contracts and customers between themselves (Civil Engineering Field)

157

Spain : The Comisión Nacional de la Competencia fines Cartel in Civil Engineering Field* On 31 July 2012, the CNC Council has adopted a resolution finding that several undertakings active in the post-tensioning and geotechnical systems have been sharing contracts and customers between (...)

European Competition Network Brief The Bulgarian Competition Authority adopts a commitment decision concerning the wholesale fuel market (Lukoil / Nafteks Petrol / Rompetrol / OMV)

167

Bulgaria : The Commission on Protection of Competition adopts Commitment Decision concerning Wholesale Fuel Market * On 26 July 2012, the Commission on Protection of Competition (CPC) adopted a commitment decision in the case of Lukoil Bulgaria, Nafteks Petrol and Rompetrol Bulgaria and OMV (...)

European Competition Network Brief The Polish Competition Authority publishes guidelines on commitment decisions in antitrust cases and in cases of practices infringing collective consumer interests

100

Poland : New Guidelines concerning Commitment Decisions* On 26 July 2012, the Polish Office of Competition and Consumer Protection (UOKiK) published Guidelines on commitment decisions in antitrust cases and in cases of practices infringing collective consumer interests (the Guidelines). (...)

European Competition Network Brief The Italian Competition Authority fines rail incumbent for abusing its dominant position in the markets for passenger rail transport (Ferrovie dello Stato)

257

Italy : The Italian Competition Authority fines Rail Incumbent FS for Abuse of dominant Position by hindering Access to Passenger Rail Services * On 25 July 2012, the Italian Competition Authority (ICA) sanctioned the State-owned group Ferrovie dello Stato (FS) for a violation of Article 102 (...)

European Competition Network Brief The Lisbon Court of Appeal upholds first instance decision on competition authority’s pharmaceutical companies case (Baxter / Médico Farmacêutica and Glintt)

1026

Portugal : The Lisbon Court of Appeal upholds First Instance Decision on Competition Authority’s Pharmaceutical Companies Case * On 10 July 2012, the Lisbon Court of Appeal (2nd instance Court) rejected the appeal lodged by Baxter– Médico Farmacêutica, Lda., and Glintt – Business Solutions, (...)

European Competition Network Brief The French Competition Authority accepts commitments from 11 banks to abolish interbank fees applied to direct debits, interbank orders, and other non-cash payments (BNP Paribas / Crédit Agricole / LCL)

246

France : French Banks’ Commitments to suppress inter-bank Fees applied to direct Debits, interbank Orders and other non-cash Payments made binding by the Autorité* On 5 July 2012, the Autorité de la concurrence (the Autorité) accepted commitments from 11 banks, including the national central (...)

European Competition Network Brief The German Competition Authority fines four rail manufacturers and suppliers for anticompetitive behaviors (ThyssenKrupp GfT Gleistechnik, Stahlberg Roensch, TSTG Schienen Technik and Voestalpine BWG)

250

Germany : The Bundeskartellamt imposes first Fines in Rail Case* On 5 July 2012, the Bundeskartellamt (BKartA) imposed fines totalling € 124 500 000 on four rail manufacturers and suppliers. The fines sanction the anticompetitive behavior of the following companies : ThyssenKrupp GfT (...)

European Competition Network Brief The Danish Competition Authority finds that a satellite communication company has infringed conditions imposed by the Authority concerning the distribution of its TV channels (Viasat)

207

Denmark : Viasat infringes Conditions imposed by Competition Council’s Decision in Distribution of TV Channels Case* On 27 June 2012, the Danish Competition Council (the Council) found that Viasat had infringed the conditions imposed by the Council’s decision of 30 September 2009 on Viasat‘s (...)

European Competition Network Brief The Lithuanian Competition Authority fines tour operators and travel agents for concerted practices relating to the online sale of package tours (Eturas)

265

Lithuania : The Competition Council imposes Fine of more than € 1 500 000 for Anti-competitive Practice relating to Online Sale of Package Tours* On 7 June 2012, the Competition Council of the Republic of Lithuania (the CC) adopted a decision in which 30 tour operators/travel agents were (...)

European Competition Network Brief The Finnish Supreme Administrative Court upholds the Market Court decision in automobile spare part cartel case (HL Group /Kaha / Koivunen / Örum)

200

Finland : The Supreme Administrative Court upholds Market Court’s Decision in Automobile Spare Part Cartel Case* On 31 May 2012, the Supreme Administrative Court (Supreme Court) dismissed the appeals lodged against the Market Court’s decision of 2009 imposing fines totaling over € 1 000 000 (...)

European Competition Network Brief The Netherlands Competition Authority fines three bell pepper grower cooperatives and sales organizations for a price-fixing cartel (UWG / ZON / Rainbow)

157

The Netherlands : The Competition Authority fines Bell Pepper Growers’ Cooperatives and Sales Organizations* On 25 May 2012, the Netherlands Competition Authority (NMa) issued decisions imposing fines on three bell pepper grower cooperatives and sales organizations, for their participation (...)

European Competition Network Brief The Lithuanian Supreme Administrative Court upholds NCA’s decision on anticompetitive agreements in the orthopaedic products sector (Idemus / Ortopagalba / Ortopedijos centras)

151

Lithuania : The Supreme Administrative Court upholds Competition Authority’s Decision in Orthopaedic Products Case* On 17 May 2012, the Supreme Administrative Court of Lithuania (the Supreme Court) definitively upheld the decision of the Competition Council of the Republic of Lithuania (CC) (...)

European Competition Network Brief The Hungarian Competition Authority fines undertakings for market-sharing in the railway sector (MÁV Magyar Államvasutak, Rail Cargo Hungaria, Győr-Sopron-Ebenfurti Vasút)

122

Hungary : Fines imposed on Cartel in Rail Freight Transport Market* On 27 April 2012, the Hungarian Competition Authority (Gazdasági Versenyhivatal (GVH)) adopted a decision against MÁV Magyar Államvasutak Zrt. (MÁV), MÁV Cargo Árufuvarozási Zrt., currently called : Rail Cargo Hungaria Zrt. (...)

European Competition Network Brief The Lithuanian Supreme Administrative Court upholds the Competition Authority’s decision on an agreement in the insurance sector (Lietuvos draudimas / DK PZU Lietuva)

208

Lithuania : The Supreme Administrative Court upholds Competition Authority’s Decision in Insurance Case* On 20 April 2012, the Supreme Administrative Court of Lithuania (the Supreme Court) definitively upheld the decision of the Competition Council of the Republic of Lithuania (CC) of 23 (...)

European Competition Network Brief The UK OFT fines leading airlines for anti-competitive practices in relation to the pricing of passenger fuel surcharges (British Airways / Virgin Atlantic Airways)

211

United Kingdom : British Airways to pay £ 58 500 000 (approximately € 71 515 000) Penalty in OFT Fuel Surcharge Decision* On 19 April 2012, the Office of Fair Trading announced its decision that British Airways (BA) and Virgin Atlantic Airways (VAA) engaged in anti-competitive practices in (...)

European Competition Network Brief The French Competition Authority fines three leading companies in the dog and cat food sector for anticompetitive agreements (Nestlé / Mars / Colgate-Palmolive)

968

France : The Autorité de la concurrence fines three leading Companies in Dog and Cat Food Sector* On 20 March 2012, the Autorité de la concurrence (the Autorité) fined the Nestlé, Mars Incorporated, Colgate-Palmolive Groups and their respective specialist subsidiaries Nestlé Purina Petcare (...)

European Competition Network Brief The German Competition Authority concludes cartel proceedings against chemical wholesalers (A. + E. Fischer Chemie, Wiesbaden ; Bergchemie J. C. Bröcking & Co.)

439

Germany : The Bundeskartellamt concludes Cartel Proceedings against Chemical Wholesalers - Fines totalling € 8 700 000 imposed on 13 further Companies * On 15 March 2012, the Bundeskartellamt (BKartA) imposed fines totalling € 8 700 000 on 13 companies in the chemical wholesale sector on (...)

European Competition Network Brief The Finnish Ministry of Economy sets up a steering group to investigate the possibility of merging the national Competition Authority and the Consumer Agency

74

Finland : Steering Group to assess Possibility of Merger between Finnish Competition and Consumer Authorities * The Finnish Ministry of Employment and the Economy (the Ministry) announced in March 2012 that it will set up a steering group to investigate the possibility of merging the Finnish (...)

European Competition Network Brief The Danish Competition Authority decides that it has no grounds for action concerning a horizontal production agreement between mobile operators (Telia Denmark / Telenor)

425

Denmark : Network Sharing Agreement in Danish Mobile Telecommunications Sector* On 29 February 2012, the Danish Competition Council (DCC) decided that it had no grounds for action in a case concerning a horizontal production agreement between the mobile operators Telia Denmark and Telenor (...)

European Competition Network Brief The French Competition Authority publishes a framework document on competition compliance programmes and a notice regarding its antitrust settlement procedure

347

France : The Autorité de la concurrence publishes Framework Document on Competition Compliance Programmes and Notice regarding its Antitrust Settlement Procedure* Following a two-month public consultation, the Autorité de la concurrence (the Autorité) published on 10 February 2012 a (...)

European Competition Network Brief The Slovak Supreme Court refers a banking cartel case to the EU Court of Justice for a preliminary ruling (Ceskoslovenska obchodna banka / Slovenska sporitelna / VUB)

418

Slovakia : Slovak Court refers Banking Cartel Case to ECJ for Preliminary Ruling* On 10 February 2012, the Supreme Court of the Slovak Republic (Supreme Court) has decided to submit four questions for a preliminary ruling to the Court of Justice of the European Union (ECJ) (C - 68/12) in the (...)

European Competition Network Brief The Hungarian Supreme Court confirms the Competition Authority decision on the road construction cartel (Strabag / Hidépit / Betonut / EGUT)

399

Hungary : Road Construction Cartel Decision confirmed by the Curia* On 6 February 2012, the Curia of Hungary (Curia, previously known as the Supreme Court of Hungary) upheld the 2004 decision of the Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) – which found that the road (...)

European Competition Network Brief The Portugal Competition Authority issues recommendation to mobile operators on prices of call origination to special services and non-geographic numbers (TMN, Vodafone, Optimus)

103

Portugal : The Competition Authority issues Recommendation to Mobile Operators on Prices of Call Origination to Special Services and non-geographic Numbers* On 3 February 2012, the Portuguese Competition Authority (PCA) published a Recommendation No. 1/2012 addressed to the three national (...)

European Competition Network Brief The Danish Competition Authority decides not to adopt a formal decision in a case concerning a refusal to supply by the Copenhagen airport (Kobenhavns Lufthavne)

132

Denmark : Aviation Legislation prevents Competition in Copenhagen Airport* The Danish Competition and Consumer Authority (DCCA) considers that Copenhagen Airport (CPH) limits competition when it refuses to give a new, competing terminal operator access to the airport. However the Danish (...)

European Competition Network Brief The German Competition Authority accepts commitments offered by two sports leagues concerning the joint award of media rights (DFL - German Football League / Association of Leagues)

304

Germany : Green Light for current Marketing Model of Football League Media Rights * On 17 April 2012, the award procedure for the media rights of the 1st and 2nd German football leagues has been concluded. On 12 January 2012, the Bundeskartellamt (BKartA) accepted the commitments offered (...)

European Competition Network Brief The Norwegian Ministry of Government Administration, Reform and Church affairs amends the regulation on the calculation of fines for breaches of the anti-trust provisions of the Competition Act (Regulations for antitrust infringements)

137

Norway : New Fining Regulations for Antitrust Infringements* The Norwegian Ministry of Government Administration, Reform and Church Affairs amended in December 2011 the Regulation on the calculation of fines for breaches of the anti-trust provisions of the Competition Act (the Regulation). (...)

European Competition Network Brief The Danish Competition Authority decides on a case concerning the application by Copenhagen airport of dissimilar conditions to equivalent transactions (CPH Go)

254

Denmark : Terms of Use for Low Cost Facility at Copenhagen Airport found Discriminatory* On 21 December 2011, the Danish Competition Council decided on a case concerning the application by Copenhagen airport of dissimilar conditions to equivalent transactions. The case regards the Danish (...)

European Competition Network Brief The Bulgarian Commission on Protection of Competition adopts guidelines on information sharing between competitors and updates guidelines on competition compliance of legislative acts

111

Bulgaria : The Authority adopts Guidelines on Information Sharing between Competitors and updates Guidelines on Competition Compliance of legislative Acts* On 20 December 2011, the Commission on Protection of Competition (CPC) adopted Guidelines on information sharing between competitors. On (...)

European Competition Network Brief The Spanish Competition Authority imposes fines on associations of producers and traders of fruits and vegetables (COAG Almería, ASAJA Almería and Alhondigas)

133

Spain : The Comisión Nacional de la Competencia (CNC) imposes Fines on Associations of Producers and Traders of Fruits and Vegetables* In a resolution adopted on 14 December 2011, the CNC Council decided that COAG-Almería, ASAJA- Almería and ALHÓNDIGAS, associations of producers and traders (...)

European Competition Network Brief The Lithuanian Competition Council fines ship agency companies and the shipbrokers and agents association for concluding prohibited agreement in the market of ship agency services (Lithuanian Shipbrokers and Agents Association)

233

Lithuania : Competition Council imposes Fines totalling € 3 383 891 on Ship Agency Companies and the Lithuanian Shipbrokers and Agents Association* On 8 December 2011, the Lithuanian Competition Council (CC) fined 32 ship agency companies and the Lithuanian Shipbrokers and Agents Association (...)

European Competition Network Brief The French Competition Authority detects cartel of world four major detergent manufacturers and imposes fines amounting to € 368 000 000 (Unilever, Procter & Gamble, Henkel and Colgate Palmolive)

287

France : Thanks to its Leniency Programme, the Autorité de la concurrence detects Cartel of World four major Detergent Manufacturers and imposes Fines amounting to € 368 000 000* On 8 December 2011, the Autorité de la concurrence (the Autorité) established the existence of a cartel between (...)

European Competition Network Brief The European Commission fines producers of refrigeration compressors € 161 million in fifth cartel settlement (Producers of household and commercial refrigeration compressors)

235

European Commission fines Producers of Refrigeration Compressors €161 million in fifth Cartel Settlement* On 7 December 2011, the European Commission has settled a cartel with producers of household and commercial refrigeration compressors that covered the whole European Economic Area (EEA). (...)

European Competition Network Brief The Spanish Competition Authority imposes fines on cartel of manufacturers and traders of fruits and vegetables containers (Infia, Linpac Ilpa and Veripack)

185

Spain : The Comisión Nacional de la Competencia (CNC) imposes Fines on Cartel of Manufacturers and Traders of Fruits and Vegetables Containers* In its Resolution of 2 December 2011, the CNC Council ruled that it was established that INFIA, S.r.l. (INFIA) jointly and severally with its parent (...)

European Competition Network Brief The Dutch Competition Authority imposes fines on ship-generated waste collection cartel (Odfjell Terminals Maritiem, International Slop Disposal and Ships Waste Oil Collector)

195

The Netherlands : Competition Authority imposes Fines of almost € 3 000 000 on Ship- Generated Waste Collection Cartel* On 21 November 2011, the NMa imposed fines totalling more than € 2 900 000, on three ship-generated waste collection companies based in the Dutch ports of Rotterdam, (...)

European Competition Network Brief The Dutch Competition Authority imposes fines of almost €3 000 000 on ship generated waste collection cartel (Odfjell Terminals Maritiem / International Slop Disposal / Ships Waste Oil Collector)

159

The Netherlands : Competition Authority (NMa) imposes Fines of almost € 3 000 000 on Ship- Generated Waste Collection Cartel* On 21 November 2011, the NMa imposed fines totalling more than € 2 900 000, on three ship-generated waste collection companies based in the Dutch ports of Rotterdam, (...)

European Competition Network Brief The Romanian Competition Authority submits for public consultation the commitment proposals drafted by three telecom distributors (Payzone / PayPoint Services / PayUp)

274

Romania : Public Consultation on Commitments submitted by Orange Romania and its Distributors* On 2 November 2011, the public consultation launched by the Competition Council (RCC) on the commitments submitted by Orange Romania was closed. The commitments were offered in a case regarding an (...)

European Competition Network Brief The Danish Competition Authority adopts a commitment decision in order to prevent competition restrictions in the market for the installation of automatic sprinkler systems (Industry guideline on automatic sprinkler systems)

142

Denmark : Commitments to modify Industry Guideline on automatic Sprinkler Systems* On 26 October 2011, the Danish Competition Council (DCC) adopted a commitment decision pursuant to Section 16a of the Danish Competition Act, in order to prevent competition restrictions in the Danish market (...)

European Competition Network Brief The French Competition Authority launches public consultations on its approach to compliance programmes and guidelines on settlements (Compliance Programmes and Guidelines on Settlements)

167

France : Autorité de la concurrence launches Public Consultations on its Approach to Compliance Programmes and Guidelines on Settlements* On 14 October 2011, the Autorité de la concurrence (‘the Autorité’) launched a two-month public consultation on a draft framework document on compliance (...)

European Competition Network Brief The Spanish Competition Commission publishes report on relations between manufacturers and retailers in food sector (Manufacturers and Retailers in Food Sector)

195

Spain : National Competition Commission publishes Report on Relations between Manufacturers and Retailers in Food Sector* The National Competition Commission (CNC) published on 13 October 2011 a report on the relations between manufacturers and retailers in the food sector. The report, which (...)

European Competition Network Brief The Italian Competition Authority imposes fines totalling € 13 000 000 for collusive behaviour in public procurement in heathcare services (Healthcare liability coverage)

299

Italy : Insurance Companies fined for collusive Behaviour in Public Procurement in Healthcare Services in Campania* On 28 September 2011, the ICA decided to fine three insurance companies and a multifirm insurance agency representing the insurance companies in tendering selections for a (...)

European Competition Network Brief The Antimonopoly Office of the Slovak Republic finalises report analysing the problems in the railway transport services sector (Railway transport services)

395

Slovakia : Sectoral Report on Railway Services’ Competition Problems* On 1 October 2011, the Antimonopoly Office of the Slovak Republic (the Office) finalised its report analysing the problems in the railway transport services sector from a competition point of view. The document describes (...)

European Competition Network Brief The Spanish Antitrust Authority adopts communications on termination of proceedings by commitments and on short-form notification of concentrations

280

Spain : The CNC adopts Communications on Termination of Proceedings by Commitments and on Short-Form Notification of Concentrations* The Spanish antitrust authority, the Comisión Nacional de la Competencia (CNC) has approved two Communications on 28 September 2011. The first Communication (...)

European Competition Network Brief The Irish Government approves legislation to eliminate restrictions on family doctors wishing to treat public patients (General Medical Practitioners)

205

Ireland : Government approves Legislation to eliminate Restrictions on Family Doctors wishing to treat Public Patients* On 14 September 2011, the Irish Government has approved the drafting of a Bill which will remove restrictions on Family Doctors (called General Medical Practitioners (...)

European Competition Network Brief The Lisbon Commercial Court confirms the Competition Authority’s decision prohibiting a retail price maintenance agreement regarding equipment used in hospital pharmacies with a reduction of the fines (Hospitals’ Public Tenders)

560

Portugal : The Lisbon Commercial Court confirms Competition Authority’s Decision on RPM affecting Hospitals’ Public Tenders* On 12 September 2011, the Lisbon Commercial Court (the Court) confirmed the Portugal Competition Authority’s (PCA) decision prohibiting a retail price maintenance (...)

European Competition Network Brief The UK OFT publishes its market study into aggregates, cement and ready-mix concrete and proposes to refer the sectors to the Competition Commission

404

United Kingdom : OFT proposes Competition Commission Investigation of Aggregates, Cement and Ready-Mix Concrete Markets* On 16 August 2011, the OFT published its market study into aggregates, cement and ready-mix concrete. It proposes to refer the sectors to the Competition Commission for (...)

European Competition Network Brief The Italian Competition Authority sanctions suppliers of magnetic resonance equipment with fines totalling € 5 500 000 for collusive agreement relating to public tender (Alliance / Siemens / Philips / Toshiba / AGCM)

393

Italy : The ICA sanctions four Suppliers of Magnetic Resonance Equipment with Fines totalling € 5 500 000 for collusive Agreement relating to Public Tender in the Region of Campania* On 5th of August 2011, the Italian Competition Authority (ICA) sanctioned Siemens, Philips, Toshiba Medical (...)

European Competition Network Brief The German Competition Authority imposes a fine of €17,5M for a cartel agreement concerning turntable ladders for fire engines (Iveco Magirus / Metz Aerials / Rosenbauer)

337

Germany : Cartel Agreement concerning Turntable Ladders for Fire Engines fined with € 17 500 000* On 27 July 2011, the Bundeskartellamt (BKartA) has imposed a fine of € 17 500 000 against Iveco Magirus Brandschutztechnik GmbH for its involvement in anti-competitive agreements on the (...)

European Competition Network Brief The Spanish Competition Authority fines a company group in the gas sector for hindering access to the natural gas supply market (Gas Natural Group)

211

Spain : The CNC fines Gas Natural Group for hindering Competition in the Marketing of Natural Gas for end Consumers* In its Resolution of 27 July 2011, the National Competition Commission (CNC) Council found that the practices of some of the subsidiaries of the Gas Natural Group between 2007 (...)

European Competition Network Brief The Bulgarian Competition Authority adopts conclusions from fuel sector inquiry and opens proceedings against four undertakings (Lukoil Bulgaria / OMV Bulgaria / Nafteks Petrol / Rompetrol Bulgaria)

387

Bulgaria : The CPC adopts Conclusions from Fuel Sector Inquiry and opens Proceedings against four Undertakings* Following a sharp increase in the price of fuel purchased by final consumers, in March 2011, the Commission on Protection of Competition (CPC) initiated a sector inquiry into the (...)

European Competition Network Brief The Lithuanian Competition Authority accepts commitments from eight pharmaceutical companies after an investigation into a possible anticompetitive vertical agreement (Berlin Chemie Menarini Baltic / GlaxoSmithKline Lietuva / Fresenius Kabi Polska / Viasana / Nutricia Baltics)

493

Lithuania : The Competition Council accepts Commitments by eight pharmaceutical Companies* On 21 July 2011, the Lithuanian Competition Council (the CC) closed an investigation into possible anticompetitive vertical agreements between producers/suppliers and wholesalers of pharmaceuticals (...)

European Competition Network Brief The French Competition Authority makes commitments for card companies to reduce the interchange fees associated with payments and withdrawals binding (Groupement des Cartes Bancaires)

346

France : The Autorité de la concurrence makes Commitments cutting MIFs on Payment Cards by 20% to 50% binding* On 7 July 2011, the Autorité de la concurrence (the Autorité) made commitments from the Groupement des Cartes Bancaires (the Groupement), which includes over 130 banks, binding (...)

European Competition Network Brief The Polish Competition Authority opens formal proceedings against the leader in crude oil and natural gas production concerning alleged abuse of dominance in the gas sector (PGNiG)

321

Poland : UOKiK opens formal Proceedings against PGNiG concerning alleged Abuse of Dominance in Gas Sector* On 4 July 2011, UOKiK opened a formal investigation into allegations that PGNiG had abused its dominant position in the retail market for gas supply, in breach of Article 9 of the (...)

European Competition Network Brief The Helsinki Court of Appeals dismisses the appeal of the Finnish composers’ copyright society to annul a decision founding it has abused its dominant position on the market of licensing copyrights (Teosto)

497

Finland : Copyright Management Organization abused its Dominant Position* On 30 June 2011, the Helsinki Court of Appeals dismissed the appeal of the Finnish Composers’ Copyright Society (Teosto) to annul a district court decision where Teosto was found to have abused its dominant position on (...)

European Competition Network Brief The Italian Competition Authority fines the refusal to share with competitors information essential for the renewal of marketing authorisation (Bayer Cropscience)

264

Italy : The ICA fines Refusal to share with Competitors Information essential for Renewal of Marketing Authorisation* On 28 June 2011, the Italian Competition Authority (ICA) sanctioned Bayer Cropscience S.r.l. together with Bayer Cropscience AG for a violation of Article 102 TFEU and (...)

European Competition Network Brief The EU Commission launches a public consultation on a draft guidance paper on quantifying harm in actions for damages based on breaches of the EU antitrust rules (Antitrust harm in civil cases)

354

European Commission : Public Consultation on a draft Guidance Paper on quantifying Antitrust Harm in civil Cases* On 17 June 2011, DG Competition launched a public consultation on a draft Guidance Paper on “quantifying harm in actions for damages based on breaches of Article 101 or 102 TFEU” (...)

European Competition Network Brief The Italian Antitrust Authority concludes an investigation triggered by a leniency application concerning a cartel in the freight forwarding market (Freight-forwarding agents cartel case)

395

Italy : Fines imposed in Freight-Forwarding Agents Cartel Case* On 15 June 2011, the ICA concluded an investigation triggered by a leniency application concerning a cartel in the freight forwarding market. The ICA ascertained that the main market players had coordinated their commercial (...)

European Competition Network Brief The Swedish Market Court orders the incumbent postal operator to discontinue applying its sorting discount programme subject to a penalty payment (Bring CityMail Sweden / Posten Meddelande)

474

Sweden : Private Enforcement in Postal Sector On 6 June 2011, the Swedish Market Court (the Court) ordered Posten AB (Posten) to discontinue applying its sorting discount programme subject to a penalty payment of SEK 100 000 000 (€ 9 160 000). The case came before the Court as a private (...)

European Competition Network Brief The Bulgarian Commission for the Protection of Competition proposes amendments to existing legislation regulating provision of textbooks free of charge

257

Bulgaria : The Commission for the Protection of Competition (CPC) proposes Amendments to existing Legislation regulating Provision of Textbooks free of Charge* On 2 June 2011, the Commission on Protection of Competition (CPC) adopted an opinion on the Ordinance No. 5/2003 on the evaluation (...)

European Competition Network Brief The Dutch Competition Authority starts an investigation into the structure of the mortgage market and the pricing behaviour of mortgage lenders (Mortgage Market)

308

The Netherlands : Sector Inquiry into Mortgage Market shows Decline in Margins back to pre- financial Crisis Level* In August 2010, the Netherlands Competition Authority (NMa) started an investigation into the structure of the Dutch mortgage market and the pricing behaviour of mortgage (...)

European Competition Network Brief The Danish Competition Council holds that customer sharing redistribution of unadressed mail infringe section 6 of the Danish Competition Act and Art. 101 TFEU (Mediabroker / Carat Danmark / Initiative Universal Media / MediaPrin Danmark)

383

Denmark : Parallel Customer sharing Agreements in Redistribution of Unadressed Mail between Mediacenter Danmark, and Mediabroker, Carat, IUM, and OMD* On 25 May 2011, the Danish Competition Council (DCC) issued a decision concerning four horizontal and separate, yet parallel, customer (...)

European Competition Network Brief The Slovak Supreme Court upholds the Regional Court’s judgment which annulled a decision imposing fines on three banks (Ceskoslovenska obchodna banka / Slovenska sporitelna / VUB)

406

Slovakia : Judicial Review of Banking Cartel Case* On 19 May 2011, the Supreme Court of the Slovak Republic (the Supreme Court) upheld one of the judgments adopted by Regional Court in Bratislava which annuled the decision of the Antimonopoly Office of the Slovak Republic (the Office) (...)

European Competition Network Brief The Hungarian Competition Authority launches a public consultation on the draft of the merger notification form and on the draft of the informal meetings related to the merger review

121

Hungary : Public Consultation on Review of Merger Control* The Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) has been consulting the public on the draft Merger Notification Form and on a draft Notice on informal meetings (pre-notification contacts, state of play meetings) (...)

European Competition Network Brief The Spanish Competition Authority fines the main electricity companies and sectoral association for price fixing and barriers to entry (E.On España / UNESA)

385

"Spain : The National Competition Commission (CNC) fines the main Electricity Companies and Sectoral Association"* The CNC has on 13 May 2011 fined the main electricity companies in Spain, as well as the sectoral association, for having fixed prices and agreed on commercial terms and (...)

European Competition Network Brief The Regional Court in Brno confirms fine imposed on the national railways’ company for having abused its dominant position on rail freight transport of large-volume substrates market (Czech Railways Company)

393

Czech Republic : The Regional Court in Brno confirms Fine imposed on Czech Railways Company for Abuse of Dominant Position on Rail Freight Transport of large-volume Substrates Market* On 12 May 2011, the Regional Court in Brno (the Court) upheld the CZK 254 000 000 (approximately € 9 585 (...)

European Competition Network Brief The French NCA issues an interim measures decision which orders the incumbent postal operator to confirm the suspension of its agreement with its biggest competitor (La Poste / Mondial Relay)

353

France : The Autorité de la concurrence issues Interim Measures Decision in the Parcel Delivery Sector to confirm the Suspension of Horizontal Agreement between La Poste and its biggest Competitor* On 12 May 2011, the Autorité de la concurrence (the Autorité) issued an interim measures (...)

European Competition Network Brief The Romanian Competition Council publishes its report on the inquiry into the wholesale market of pharmaceuticals (Wholesale market of pharmaceuticals)

385

Romania : Sector Inquiry Report on the Wholesale of Pharmaceuticals* In May 2011, the Romanian Competition Council (the RCC) published its report on the inquiry into the wholesale market of pharmaceuticals. The RCC opened the sector inquiry into the wholesale market of pharmaceuticals as a (...)

European Competition Network Brief The EU Court of Justice clarifies powers of Competition Authorities enforcing EU competition rules under EC Reg. 1/2003 in a telecom case (Tele2 Polska)

451

European Courts : ECJ clarifies Powers of National Competition Authorities enforcing EU Competition Rules* On 3 May 2011, the Court of Justice of the European Union gave judgment in the Tele2 Polska case concerning the interpretation of Article 5 of Council Regulation (EC) 1/2003. The Court (...)

European Competition Network Brief The Lithuanian Parliament adopts amendments to competition law introducing restriction of professional activities for head of undertaking infringing antitrust rules

314

Lithuania : Amendment to Law on Competition introduces Restriction of Professional Activities for Head of Undertaking infringing Antitrust Rules* On 21 April 2011, the Seimas (the Parliament) of the Republic of Lithuania adopted by a majority vote some amendments to the national Law on (...)

European Competition Network Brief The Lithuanian Court of First Instance upholds Competition Authority’s decision fining a company active in petrol and diesel distribution for abusing its dominant position (Orlen Lietuva)

1574

Lithuania : The Vilnius Regional Administrative Court upholds Competition Authority’s Decision on Abuse of Dominance by AB Orlen Lietuva (former AB Mažeikių Nafta)* On 15 April 2011, the Vilnius Regional Administrative Court (Court of first instance) upheld the decision ofthe Competition (...)

European Competition Network Brief The European Commission settles a cartel in the washing powder industry fining two of the three participating companies and granting full immunity to the first informing about price coordination and other market stabilization strategies adopted (Procter & Gamble, Unilever, Henkel)

498

European Commission : Settlement Decision adopted in Washing Powder Cartel* On 13 April 2011, the European Commission adopted a decision settling a cartel case involving major European producers of washing powder : Procter & Gamble, Unilever and Henkel. This is the third cartel (...)

European Competition Network Brief The Italian Competition Authority makes binding commitments of a gambling operator concerning alleged abuse of dominant position on the games and betting market (SISAL)

482

Italy : The Antitrust Authority (ICA) accepts Commitments by SISAL S.p.A. in the Italian Games and Betting market* On 13 April 2011, the ICA accepted the binding commitments proposed by SISAL S.p.A. (SISAL) which will facilitate the access by competitors to the on-line bet-collection market. (...)

European Competition Network Brief The French Competition Authority publishes market-tested commitments proposed by the French bank card association to resolve antitrust concerns regarding multilateral interchange fees (Groupement des Cartes Bancaires)

500

France : The Autorité de la Concurrence market-tests Commitments on MIFs, including on Debit and Credit Cards* Following a complaint made by two professional associations of merchants and retailers against ultilateral interchange fees (MIFs)used in the various payment systems in France, the (...)

European Competition Network Brief The Belgium Competition Authority launches a study on the price differences in processed food in Belgium and the Netherlands (Belgian Supermarkets)

148

Belgium : Belgian Supermarkets are 10% more expensive than Dutch Supermarkets* In April 2011, the Minister for Economics asked the Belgian Competition Authority (Competition Authority) to study the price differences between goods sold in Belgian and Dutch supermarkets, and to suggest action (...)

European Competition Network Brief The Icelandic Competition Authority begins an investigation into the development and formation of prices in the food retail sector (Inquiry into food retail sector)

152

Iceland : Competition Authority is investigating Food and Retail Sector* In the fall of 2010, the Competition Authority (the Authority) began an investigation into the development and formation of prices in the food and retail sector due to the fact that prices had significantly risen since (...)

European Competition Network Brief The Italian Competition Authority launches an inquiry into the motor fuel sector focusing on elements fostering competition in the market of "white pumps"

375

Italy : The Italian Competition Authority launches Inquiry into the Motor Fuel Sector* On 23 March 2011, the Italian Competition Authority (ICA) launched an inquiry into the Italian motor fuel sector. The sector inquiry will investigate the general structure and organisation of the Italian (...)

European Competition Network Brief The German Bunsdekartellamt imposes € 38 M fine on three consumer goods manufacturers for illegal exchange of competition relevant information concerning the state of negotiations with major retailers and prices increases (Kraft Food / Unilever / Dr. August Oetker)

612

Germany : Multi-million Fines imposed on Manufacturers of Consumer Goods* On 17 March 2011, the Bundeskartellamt (BKartA) imposed fines totalling € 38 000 000 on three manufacturers of consumer goods on account of the illegal exchange of competition relevant information infringing German and (...)

European Competition Network Brief A Dutch High Court upholds the national competition authority’s decision lowering fines on shrimp wholesalers and fisheries for infringement of national and European cartel provisions (Shrimp Cartel)

334

The Netherlands : The Highest Dutch Court in Antitrust Cases upholds Decision on Shrimp Cartel* Dutch traders and Dutch, German and Danish producers’ organizations representing shrimp fishers must pay fines, totalling more than € 4 400 000, for infringing the European and national provisions (...)

European Competition Network Brief The Italian Competition Authority closes an investigation into the national consortium for the recovery and recycling of cellulose-based packaging for alleged infringement of Art. 101 TFEU, after accepting the commitments proposed (COMIECO)

437

Italy : The Italian Competition Authority (ICA) accepts Commitments and closes Investigation regarding Waste Paper Consortium COMIECO* On 16 March 2011, the Italian Competition Authority (ICA) closed proceedings based on an alleged violation of Article 101 TFEU against COMIECO, a consortium (...)

European Competition Network Brief The Italian Competition Authority issues an opinion on the potential anticompetitive effect of a draft bill concerning the purchase of biological medicines by public procurement (DDL n. 1875/2011)

2308

Italy : The Competition Authority’s (ICA’s) Opinion on the Public Procurement Discipline for Biopharmaceutical Products* On 16 March 2011, the ICA addressed to the Italian government an opinion on the potential anticompetitive effect of a draft bill concerning the purchase of biological (...)

European Competition Network Brief The French Competition Authority issues its first opinion on the telecom sector, taking into account the EU Commission’s recommendation concerning competitive aspects of wholesale broadband internet services

362

France : The Autorité de la concurrence issues its first Opinion on the Telecom Sector, taking into account the recently published European Commission’s NGA Recommendation* On 8 March 2011, following a request by the French telecom sector regulator (ARCEP), the Autorité de la concurrence (...)

European Competition Network Brief The Dutch Competition Authority issues its conclusions on the national textbook market underlining that competition between distributors and publishers of secondary-education textbooks is limited

335

The Netherlands : Textbook Scan on Dutch Market* Competition between distributors and publishers of secondary-education textbooks is limited, thereby preventing the Dutch textbook market from functioning optimally. This has been the conclusion of the 2011 Textbook Scan carried out by the (...)

European Competition Network Brief The UK Competition Authority announces the trial of an adjudicator role to resolve disputes on procedural issues to speed up investigations under the Competition Act 1998

286

United Kingdom : Trialling of Procedural Adjudicator at the Office of Fair Trading (OFT)* Alongside its procedural guidance, the OFT also announced the trial of a new adjudicator role to resolve disputes on procedural issues, as part of a drive to speed up investigations under the (...)

European Competition Network Brief The Finnish Competition Authority investigates on the district heating sector to understand whether prices applied by involved companies are abusive

349

Finland : Study concerning the District Heating Sector* On 1 March 2011, the Finnish Competition Authority (FCA) finished the first stage of its investigations concerning the district heating sector. The aim of the study is to form an opinion of whether the pricing of the companies involved (...)

European Competition Network Brief The Spanish Competition Authority imposes a fine for abuse of dominance on an IPs’ collecting society charging unfair and discriminatory prices on TV broadcaster (Artistas Intérpretes o Ejecutantes)

159

Spain : The CNC’ Council fines AIE, Intellectual Property Rights’ Collecting Society* On 23 February 2011, the Council of the National Competition Commission (CNC) imposed a fine of € 532 686 on Artistas Intérpretes o jecutantes, Sociedad de Gestión de España (AIE) for an infringement of (...)

European Competition Network Brief The Swedish Competition Authority welcomes the EU Court of Justice preliminary ruling on "margin squeeze" as a stand-alone antitrust abuse in the telecom sector (TeliaSonera)

271

Sweden : The Competition Authority welcomes ECJ Judgment on Competition in the Telecom Sector* The Swedish Competition Authority (the Authority) welcomes the Judgment of the European Court of Justice (ECJ) of 17 February 2011 in the case C-52/09, Konkurrensverket against TeliaSonera Sverige (...)

European Competition Network Brief The Spanish Competition Commission approves a report on the draft Royal Decree regulating the recognition of producers’ organisations and interbranch organisations and establishing contractual conditions in the milk sector

48

Spain : The CNC’s Report on the Draft Royal Decree regulating the Recognition of Producers’ Organisations and Interbranch Organisations and establishing Contractual Conditions in the Milk Sector* The Council of the National Competition Commission (CNC), in a meeting held on 16 February 2011, (...)

European Competition Network Brief The Lithuanian Competition Authority imposes fines totalling €854 205 on producers of orthopedic products and their association (Actualis / Idemus / Ortobatas)

490

Lithuania : The Competition Council imposes Fines totalling € 854 205 on Producers of Orthopedic Products and their Association* On 20 January 2011, the Lithuanian Competition Council fined 11 producers of orthopedic products – UAB Actualis, UAB Idemus, UAB Ortobatas, UAB Ortopagalba, UAB (...)

European Competition Network Brief The UK Competition Authority adopts a decision in loan pricing case concluding that banks engaged in anticompetitive pricing of loan products to large professional services firms (Royal Bank of Scotland / Barclays)

712

United Kingdom : The Office of Fair Trading (OFT) adopts Decision in Loan Pricing Case* On 20 January 2011, the OFT issued a decision that the Royal Bank of Scotland (RBS) and Barclays Bank engaged in anticompetitive practices in relation to the pricing of loan products to large (...)

European Competition Network Brief The Bulgarian Competition Authority adopts a decision for block exemption of certain categories of agreements from the prohibition under Art. 15 LPC

532

Bulgaria : The Commission for the Protection of Competition (CPC) adopts a Decision for Block Exemption of certain Categories of Agreements from the Prohibition under Article 15 LPC* On 20 January 2011, the CPC adopted a Decision block exempting certain categories of agreements, decisions or (...)

European Competition Network Brief The Dutch Competition Authority fines insulated glass manufacturers’ cartel more than € 17 Million (Koninklijke Saint-Gobain Glass Nederland / Scheuten Glas Nederland / Pilkington Benelux)

486

The Netherlands : The Competition Authority (NMa) fines Insulated Glass Manufacturers’Cartel more than € 17 000 000* On 29 December 2010, the NMa fined a cartel of four manufacturers of insulated glass for having concluded price-fixing agreements. The fines, totalling € 17 746 000, were (...)

European Competition Network Brief The Lithuanian Competition Council imposes fines totalling € 153 817 on two insurance companies for the conclusion of a prohibited agreement (Lietuvos draudimas / DK PZU Lietuva)

480

Lithuania : The Competition Council imposes Fines totalling € 153 817 on two Insurance Companies for the Conclusion of a prohibited Agreement* On 23 December 2010, the Lithuanian Competition Council imposed on AB Lietuvos draudimas and UAB DK PZU Lietuva fines totalling € 153 817 for (...)

European Competition Network Brief The Hellenic Competition Commission imposes fines on the Technical Chamber of Greece for adopting a "minimum cost for construction projects" (TEE)

422

Greece : The Hellenic Competition Commission imposes € 60 000 in Fines on the Technical Chamber of Greece for adopting a “minimum cost for construction projects”* On 22 December 2010, the Hellenic Competition Commission (HCC) fined the Technical Chamber of Greece (TEE) € 60 000 for adopting (...)

European Competition Network Brief The Dutch Competition Authority imposes fines totalling more than €81 million on a cartel in the flour industry (Meneba / Ranks / Dossche / Werhahn)

612

The Netherlands : The Competition Authority (NMa) imposes Fines totalling more than € 80 000 000 for Cartel in Flour Industry* On 22 December 2010, the NMa has imposed fines totalling € 81 600 000 on flour producers in the Netherlands, Belgium and Germany. Fifteen undertakings gathering in (...)

European Competition Network Brief The French Competition Authority imposes fines totalling € 55 million for cartel and abuse of a dominant position in the road signs and safety equipment sector (road signs cartel)

678

* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

European Competition Network Brief The Spanish Competition Authority declares the end of the "termination by commitments" agreement in a case concerning interchange fees for transactions by debit and credit cards (Servired / Sistema 4B / Euro 6000)

878

Spain : The National Competition Commission (CNC) closes Monitoring of Termination by Commitments Agreement (TCA) in Interchange Fees for Transactions by Debit and Credit Cards Case* On 20 December 2010, the CNC Council declared the monitoring of the Termination by Commitments Agreement (...)

European Competition Network Brief The Swedish Competition Authority follows up previous commitments and decides not to take further action against French global specialist in energy management (Schneider)

516

Sweden : The Swedish Competition Authority follows up previous Commitments and decides not to take further Action against Schneider* Five years ago, Schneider Electric Sverige AB (Schneider) committed to make certain changes to its discount and bonus system on the market of sale of (...)

European Competition Network Brief The German Bundeskartellamt publishes joint guidelines with the German Federal Network Agency on the award of gas and electricity concessions and transfer of network use

401

* Article published in ECN Brief 01/2010. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

European Competition Network Brief The Italian Competition Authority fines personal care products cartel (Unilever Italia / Colgate-Palmolive / Procter & Gamble / Reckitt-Benckiser)

2103

* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

European Competition Network Brief The European General Court upholds the European Commission’s 38 M € fine on energy operator for the breach of a seal during an inspection (E.ON)

626

* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

European Competition Network Brief The French Competition Authority issues the results of a sector inquiry into networks of retail distributors and makes policy recommendations

1276

France : The Autorité de la concurrence issues the Results of a Sector Inquiry into Networks of Retail Distributors and makes Policy Recommendations On 7 December 2010, the Autorité de la concurrence adopted the final report of its sector inquiry into networks of retail distributors. On 25 (...)

European Competition Network Brief The German Competition Authority imposes first multi-million fines on chemical wholesalers for six regional cartels (BÜFA Chemikalien / Oldenburg / CG Chemikalien / Laatzen / Hanke & Seidel / Steinhagen)

490

Germany : The Bundeskartellamt imposes first multi-million Fines on Chemical Wholesalers for six regional Cartels – Investigation continues with regards to other Regions* On 26 November 2010, the Bundeskartellamt imposed fines totalling € 15 110 000 on 12 undertakings in the chemical (...)

European Competition Network Brief The Slovakian Supreme Court upholds the Competition Authority’s decision fining an undertaking’s successor for abuse of its dominant position (ZS Cargo)

633

Slovakia : Supreme Court upholds Competition Authority’s Decision in Cargo Railway Case At an oral hearing held on 26 October 2010, the Supreme Court of the Slovak Republic upheld the decision of the Antimonopoly Office of the Slovak Republic (“AMO”) of 22 December 2006 in the matter (...)

European Competition Network Brief The Spanish Competition Authority launches investigation into possible anticompetitive practices in the manufacture, distribution and marketing of envelopes, filing materials and other paper products sectors

645

Spain : Competition Authority’s Investigation into the Manufacture, Distribution and Marketing of Envelopes, Filing Materials and other Paper Products On 19 October 2010, inspectors from the National Competition Commission (CNC) carried out inspections at the headquarters of the main (...)

European Competition Network Brief The UK Competition Authority agrees to reduce the fine imposed against a pharmaceutical firm for abuse of its dominant position (Reckitt Benckiser)

686

United Kingdom : Early Resolution Agreement in Reckitt Benckiser Abuse Case On 15 October 2010, the OFT announced that it had agreed to reduce the proposed fine by £ 1,800,000 (about € 1,162,040) to £ 10,200,000 (about € 6,584,893), following Reckitt Benckiser’s admission and decision to (...)

European Competition Network Brief The German Competition Authority fines two manufacturers of pressroom chemicals for their involvement in anti-competitive agreements (DC Druck Chemie / Felix Böttcher / Helmut Siegel)

606

Germany : Fines imposed on two Companies in the Press room Chemicals Sector On 29 September 2010, the Bundeskartellamt imposed fines amounting to € 660,000 on two manufacturers of pressroom chemicals for their involvement in anti-competitive agreements prohibited by national law and by (...)

European Competition Network Brief The UK Competition Authority issues a statement of objections to two banks concerning an alleged exchange of confidential information on prices (Royal Bank of Scotland / Barclays)

585

United Kingdom : Office of Fair Trading (OFT) proceeds with Loan Pricing Case* On 29 September 2010, the OFT issued a Statement of Objections to the Royal Bank of Scotland (RBS) and Barclays in respect of alleged disclosure of confidential and commercially sensitive future pricing (...)

European Competition Network Brief The Slovak Regional Court in Bratislava annuls the Competition Authority’s decision which fined a banking cartel (Ceskoslovenska obchodna banka / Slovenska sporitelna / VUB)

668

Slovakia : Regional Court in Bratislava annuls Authority’s decision in Banking Cartel* Following the hearings at the Regional Court of Bratislava (RC BA) on 23 and 28 September 2010, three judgments were adopted in the case of the Antimonopoly Office of the Slovak Republic (AMO) vs. (...)

European Competition Network Brief The College of Prosecutors of the Belgian Competition Council decides that consumers are competent to ask for interim measures but rejects their request (Telenet)

523

Belgium : The Telenet Case : Consumers and Interim Measures In its decision of 27 September 2010, the competition prosecutor has decided that consumers are competent to ask for interim measures when they are the victim of restrictive practices. The request for interim measures against (...)

European Competition Network Brief The US District Court for the Eastern District of New York admits the confidentiality of documents emanating from the EU Commission’s investigation (Visa / MasterCard)

611

European Commission : Recent Developments on Discovery following Amicus Curiae* On 27 August 2010, the US District Court of the Eastern District of New York, Judge John Gleeson, on appeal issued an order whereby access by the plaintiffs to a Statement of Objections and to a transcript of an (...)

European Competition Network Brief The Belgian Competition Council condemns a real estate agents’ association for infringing the Belgian and European competition rules by adopting and publishing recommended minimum fees (Professional Institute of Real Estate Agents)

564

Belgium : Minimum tariffs for Real Estate Transactions prohibited On 26 August 2010, the Competition Council decided that the Professional Institute of Real Estate Agents had infringed the Belgian and European competition rules (Article 101 TFEU) by adopting and publishing recommended (...)

European Competition Network Brief The Irish Competition Authority makes recommendations to improve competition amongst family doctors (Competition in Professional Services - General Medical Practitioners)

519

Ireland : Competition Authority makes Recommendations to improve Competition amongst Family Doctors On 9 July 2010, the Irish Competition Authority published the final part of a three-part report into the delivery of primary medical care services in Ireland. It shows that the way in which (...)

European Competition Network Brief The German Competition Authority accepts commitments from energy suppliers to renounce resale prohibitions (RWE / EWE / RheinEnergie / Wingas / N-Ergie / Stadtwerke Hannover / Erdgas Muenster / Stadtwerke Leipzig / SWM / Entega / Stadtwerke Kiel / Koethen Energie)

864

Germany : Energy Suppliers agree to abandon Resale Prohibitions* The Bundeskartellamt has concluded on 7 July 2010 most of its proceedings against gas and electricity suppliers on account of their imposing inadmissible resale bans. Twelve of the major energy suppliers in Germany (RWE, EWE, (...)

European Competition Network Brief The Italian Competition Authority imposes fine against construction market leader for abuse of dominant position in the plasterboard market (Saint-Gobain Italia)

620

Italy : Competition Authority (ICA) imposes Fine on Saint-Gobain PPC Italia S.P.A. in the Plasterboard Market In its meeting of 30 June 2010, the ICA ruled that Saint Gobain Ppc Italia S.p.A. (Bpb Italia) had engaged in abusive behaviour infringing national and EU competition rules in order (...)

European Competition Network Brief The Finnish Competition Authority accepts commitments to improve access of independent repairers to access to the technical training programs for Mercedes-Benz vehicles (Veho)

542

Finland : Veho’s Commitments to improve Access of independent Repairers to Training made legally binding On 28 June 2010, Veho Group Oy Ab’s (Veho)’s commitments, which had been accepted by the Finnish Competition Authority (FCA) in its decision of 28 May 2010 in order to improve the (...)

European Competition Network Brief The Danish Competition Appeals Tribunal upholds the Competition Authority’s decision prohibiting a TV Broadcaster’s business terms regarding the distribution of two TV channels (Viasat)

516

Denmark : The Danish Competition Appeals Tribunal upholds the Danish Competition Council’s decision prohibiting Viasat’s Business Terms regarding the Distribution of TV 3 and TV 3+ On 8 June 2010, the Danish Competition Appeals Tribunal (CAT) upheld the Danish Competition Council’s (DCC) (...)

European Competition Network Brief The Spanish Competition Authority opens formal proceedings on anti-competitive practices in the plastic containers for fruit and vegetable packaging sector (INFIA, S.r.l.-Divisione ILIP, AGROENVAS and VERIPACK EMBALAJES)

1186

Spain/Italy : The Italian Competition Authority (AGCM) carries out Inspections on behalf and for the account of the Comision Nacional de la Competencia (CNC) On 2 March 2010, inspectors from the CNC have carried out inspections at the head offices of the leading makers and sellers of plastic (...)

European Competition Network Brief The Danish Competition Appeals Tribunal upholds the Competition Authority’s decision finding the historical postal operator abused its dominant position by applying loyalty rebate schemes (Post Danmark)

725

Denmark : The Competition Appeals Tribunal upholds the Danish Competition Council’s Decision finding that Post Danmark A/S abused its Dominant Position by applying Loyalty Rebate Schemes On 10 May 2010, the Danish Competition Appeals Tribunal (CAT) issued a ruling upholding the Danish (...)

European Competition Network Brief The Bulgarian Supreme Administrative Court obliges the Competition Authority to monitor the work of the telecommunications Regulator (Bulgarian Telecommunication Company)

539

Bulgaria : The Supreme Administrative Court obliges the Competition Authority (CPC) to monitor the Work of the Telecommunications Regulator On 24 March 2010, a five-member panel of the Supreme Administrative Court (SAC) issued a decision which obliges the CPC to start proceedings and to (...)

European Competition Network Brief The Polish Supreme Court dismisses a cassation appeal filed by the incumbent telecommunications operator against a decision that condemned it for abusing its dominant position (Telekomunikacja Polska)

515

Poland : UOKiK wins Case against Telekommunikacja Polska before the Supreme Court On 17 March 2010, the Supreme Court dismissed a cassation appeal filed by Telekomunikacja Polska SA (TP SA) - the Polish telecommunications incumbent - against the decision issued on 29 December 2006 by the (...)

European Competition Network Brief The Lithuanian Supreme Administrative Court upholds the Competition Authority’s decision on abuse of dominance by an airport operator (Vilnius International Airport)

1792

Lithuania : The Supreme Administrative Court upholds Authority’s Decision on Abuse of Dominance by Vilnius International Airport On 15 March 2010, the Lithuanian Supreme Administrative Court upheld a decision of the Competition Council of 6 November 2008 finding an infringement of Article 9 (...)

European Competition Network Brief The UK Competition Authority issues a statement of objections for alleged abuse of a dominant position in the pharmaceutical sector (Reckitt Benckiser)

617

United Kingdom : The Office of Fair Trading (OFT) Issues Statement of Objections for Alleged Abuse of a Dominant Position in the Pharmaceutical Sector On 23 February 2010, the OFT issued a Statement of Objections alleging that Reckitt Benckiser abused its dominant position in the market for (...)

European Competition Network Brief The Austrian Competition Authority files an application for the imposition of fines against a cartel in the freight forwarding sector (Speditions-Sammelladungs-Konferenz)

518

Austria : The Federal Competition Authority (BWB)’s Investigation of the Freight Forwarding Sector : another Cartel uncovered On 18 February 2010, the Federal Competition Authority (BWB) filed an application to the Cartel Court for the imposition of fines against all members of the (...)

European Competition Network Brief The Italian Competition Authority transmits to the government a document which highlights the need for reforms to ensure the development of competition and consumer protection

568

Italy : “Annual Law for Competition” Pursuant to Article 47 of L. 99/2009, the Italian Government must submit to the Parliament, a draft of the “annual law for competition”. The “annual law for competition” should remove any existing legal or administrative obstacles to the opening of (...)

European Competition Network Brief The Spanish Competition Authority closes its case following commitments concerning anticompetitive agreements in the TV sector (Telefónica Cable / Sogecable)

504

Spain : The Comisión Nacional de la Competencia (CNC) closes Satellite Pay TV Case following Commitments* On 28 January 2010, the CNC Council resolved by means of a commitments decision the formal proceedings in case TRIO PLUS, opened against Telefónica Cable, S.A.U. and Sogecable, S.A. for (...)

European Competition Network Brief The Czech Competition Authority fines a lignite mining company for implementing anticompetitive agreements containing lignite fuels export bans (SUPN)

638

Czech Republic : Export Bans of Lignite Fuels are anti-competitive The Office for the Protection of Competition (“the Czech NCA”) adopted on 8 January 2010 a decision finding that Sokolovská uhelná, právní nástupce, a.s. (hereinafter referred to as „SUPN“) had infringed the Czech Competition (...)

European Competition Network Brief The Lithuanian Competition Authority closes its investigation into retail trade and technical maintenance of automobiles, following its acceptance of commitments (Honda Motor Europe)

694

Lithuania : The Competition Council (CC) closes Investigation in Retail Trade of Automobiles and Technical Maintenance Sector following Commitments* On 24 December 2009, the Lithuanian Competition Council terminated its investigation concerning the compliance of the practices of vehicle (...)

European Competition Network Brief The Belgian Competition Authority’s College of Competition Prosecutors rejects a complaint about termination rates for international calls against incumbent telecoms operator (BASE / Belgacom)

638

Belgium : Complaint about Termination Rates for International Calls against Belgacom rejected On 24 December 2009, the College of Competition Prosecutors of the Belgian Competition Council rejected a complaint by mobile operator BASE against telecom operator Belgacom (incumbent telecoms (...)

European Competition Network Brief The Slovak Competition Authority condemns the three biggest national banks for having concluded an agreement restricting competition (Vseobecna uverova banka / Slovenska sporitelna / Ceskoslovenska obchodna banka)

641

Slovakia : Cartel in the Banking Sector* On 17 December 2009, a decision of the Council of the Antimonopoly Office of the Slovak Republic (hereinafter ‘the Office’) came into force, by which the Council confirmed the first instance decision of the Division of Agreements Restricting (...)

European Competition Network Brief The Italian Competition Authority accepts commitments proposed by the historical postal operator during an investigation into possible abuse of dominant position in the collection and payment services sector (Poste Italiane / Aumento Commissione Bollettini)

591

Italy : The Antitrust Authority (ICA) accepts Commitments by Poste Italiane On 16 December 2009, the Italian Competition Authority accepted binding commitments proposed by Poste Italiane during an investigation into a possible abuse of dominant position in the collection and payment services (...)

European Competition Network Brief The Irish Competition Authority publishes report on general medical practitioners and identifies unnecessary restrictions on the supply of family doctors

553

Ireland : The Competition Authority identifies Unnecessary Restrictions on the Supply of Family Doctors and publishes Report on General Medical Practitioners On 16 December 2009, the Irish Competition Authority published the first two parts of a threepart report into the market for primary (...)

European Competition Network Brief The Italian Competition Authority accepts commitments proposed by the historical electric operator and its subsidiaries to put an end to an abuse of dominant position (Enel)

624

Italy : The Antitrust Authority accepts Binding Commitments by Enel, Enel Distribuzione and Enel Servizio Elettrico On 10 December 2009, the Italian Competition Authority (ICA) accepted binding commitments by ENEL SpA (a holding of the Enel group), ENEL Distribuzione SpA (which manages (...)

European Competition Network Brief The French Competition Authority fines incumbent telecom operator in overseas territories and applies EU case law on presumption of liability of parent companies for the first time (Orange Caribbean)

2408

France : The Autorité fines Incumbant Telecom Operator in the Overseas Territories and applies EU Case-Law on Presumption of Liability of Parent Companies for the first Time On 9 December 2009, the Autorité de la concurrence imposed on Orange Caribbean, the incumbent and leading telecom (...)

European Competition Network Brief The Italian Competition Authority launches an investigation into possible anticompetitive agreements involving a trade association and international freight forwarders (Fedespedi)

1066

Italy : Antitrust Authority launched an Investigation into possible Agreements restricting Competition involving the Fedespedi Trade Association and 20 international Freight Forwarders On 18 November 2009, the Italian Competition Authority launched an investigation to ascertain the existence (...)

European Competition Network Brief The Latvian Competition Authority detects prohibited concerted practices among distributors of a consumer goods electronics company (Samsung Home Appliances)

830

Latvia : Competition Council detects Prohibited Concerted Practices among Distributors of Samsung Home Appliances On 30 October 2009, the Latvian Competition Council (CC) adopted a decision in which it found that concerted practices among five distributors of Samsung appliances infringed (...)

European Competition Network Brief The Paris Court of Appeal confirms the first ever implementation of Art. 22.1 Reg. 1/2003 by the French NCA in the carbureactors case (Chevron Products)

737

France : Paris Court of Appeal confirms the first ever Implementation of Article 22(1) of Regulation 1/2003 by the French Competition Authority On 4 December 2008, the French Competition Authority fined four oil companies € 41 000 000 for colluding in a tender process organized by Air (...)

European Competition Network Brief The Lithuanian Supreme Administrative Court partly upholds the Competition Authority decision which fines members of paper cartel (Schneidersöhne Baltija)

1211

Lithuania : Supreme Court partly upholds Authority Decision in Paper Case On 16 October 2009, the Lithuanian Supreme Administrative Court partly upheld a decision of the Competition Council of 26 October 2006 finding an infringement of Article 5 of the Lithuanian Law on Competition and of (...)

European Competition Network Brief The Danish Competition Authority prohibits a TV broadcaster and satellite distributor’s business terms regarding the distribution of two TV channels (Viasat)

586

Denmark : Authority prohibits Viasat’s Business Terms Regarding Distribution of TV 3 and TV 3 The Danish Competition Council (DCC) adopted on 30 September 2009 a decision finding that Viasat’s business terms, regarding distribution of the TV-channels TV 3 and TV 3+ in cable networks infringe (...)

European Competition Network Brief The Local Court of Bonn asks the EU Court Justice for clarification on the relationship between access to the file for claimants and leniency (Pfleiderer)

1217

Germany : Access to the File for Claimants vs. Leniency - Local Court of Bonn asks ECJ for Clarification In a cartel case which was based inter alia on Article 81 of the EC Treaty (now Article 101 of the Treaty on the Functioning of the European Union), a customer applied for access to the (...)

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305.3
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