European Competition Network Brief

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 (...)

"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 (...)

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 (...)

Draft amendments in the Food law restrict competition* On 28 February 2017 the Commission on Protection of Competition (CPC) adopted an advocacy opinion on draft amendments in the Food law. The CPC reckons that the introduction of provisions that regulate the usage of the word “Bulgarian” (...)

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. (...)

The Supreme Administrative Court considered Valio’s milk pricing a violation of the Competition Act* The Supreme Administrative Court considered Valio’s milk pricing a violation of the Competition Act and ordered a penalty payment of EUR 70 million. In 2012, the FCCA deemed Valio guilty of (...)

New regulations of the Hungarian Competition Act entered into force* The recent amendments of Act LVII of 1996 on the Prohibition of Unfair Trading Practices and Unfair Competition (Tpvt., Hungarian Competition Act) entered into force in December 2016 and in January 2017, and serve a number (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 : (...)

CNMC fines two intellectual property rights collecting societies* The Spanish Competition Authority, CNMC (National Commission for Markets and Competition), sanctioned two intellectual property rights collecting societies for abusing their dominant position on the management of intellectual (...)

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 (...)

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 (...)

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 (...)

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 (...)

Limited competition on Dutch market for SME-finance* ACM has investigated competition among banks active in the Dutch market for SME loans. ACM concludes that there is insufficient competition among banks in this market. The Netherlands Authority for Consumers and Markets (ACM) has (...)

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 (...)

Memorandum on Cooperation between Croatian and Montenegrin Competition Agencies* The Montenegrin Agency for Protection of Competition and the Croatian Competition Agency (CCA) signed on 1 June 2015 in Budva (Montenegro) a memorandum of cooperation. On behalf of the CCA, the Memorandum was (...)

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 (...)

E-commerce Sector Inquiry* In the context of the Digital Single Market Strategy the European Commission adopted, on 6 May 2015, a decision launching a Sector Inquiry into e-commerce in all EU Member States. The Sector Inquiry aims at ensuring better access for consumers and businesses to (...)

Amendments to Attorney Act Found to Be Anti-competitive* On 22 April 2015, the CPC adopted an opinion regarding the Draft Law for Amendment of the Attorney Act (Decision 353), finding that : the proposed centralisation of the examination procedure for attorney candidates before the Supreme (...)

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 (...)

*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. (...)

CPC Recommends Discontinuing Price Regulation for Taxi Services* In an advocacy opinion adopted on 18 March 2015, the Commission on Protection of Competition (CPC) considers that minimum and maximum prices in the taxi services sector restrict competition. It recommends repealing the (...)

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 (...)

*Article originally published in ECN Brief 02/2015 (click here), under the title : "HCC Issues Notice on Concept and Treatment of Confidential Information". 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 (...)

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 (...)

CNMC Imposes Fines of € 88 000 000 in Dairy Industry* On 3 March 2015, the Comisión Nacional de los Mercados y la Competencia (CNMC) fined nine companies and two sectoral associations that operate in the raw cow’s milk supply market in Spain a total amount of € 88.2 million for a breach of (...)

Fine for Vertical Agreement in Non-alcoholic Beverages Sector* On 3 March 2015, upon application of the BWB, the Cartel Court imposed a € 653 775 fine on Vöslauer Mineralwasser AG for vertical agreements fixing prices (RPM) with several retailers from January 2007 to December 2012 in the (...)

AMO Publishes Document on its Priority Setting with Regard to Vertical Agreements Restricting Competition by Object ("Hard-Core Restrictions")* On 1 March 2015, the Antimonopoly Office (AMO) issued a document on vertical agreements with the aim to inform companies of its priority setting (...)

CNMC Fines Various Petrol Product Operators a Total of € 32 400 000 for Anti-competitive Agreements* On 24 February 2015, the Comisión Nacional de los Mercados y la Competencia (CNMC) sanctioned Repsol S.A., Disa Corporación Petrolifera S.A., Meroil S.A., Galp Energía España S.A., BP España (...)

AMO Calls for Measures to Increase Banks Clients´ Mobility* On 19 February 2015, the Antimonopoly Office of the Slovak Republic (AMO) addressed the Ministry of Finance of the Slovak Republic and the National Bank of Slovakia to consider the adoption of the following measures aimed at (...)

Competition Council Hits Cartel in Energy Sector* On 11 February 2015, the Competition Council (the Council) found that UAB Lukrida (Lukrida) and UAB Manfula (Manfula), the main market players in the construction of cogeneration power plants in Lithuania, sought to restrict competition in (...)

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 (...)

UOKiK Publishes Transparency Guidelines* The Office of Competition and Consumer Protection (UOKiK) has been seeking to build a more transparent and open relationship with enterprises and the business community. Its goal is to ensure maximum procedural fairness without prejudice to the (...)

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 (...)

Competition Authorities Produce Joint Report on Ecosystems in Digital Economy and their Effects on Competition* The report, which was adopted on 16 December 2014 by the Autorité de la concurrence and the Competition and Markets Authority, looks at the effects of ’open’ and ’closed’ (...)

Launch of Simultaneous Market Tests in Investigations in Online Hotel Booking Sector* On 15 December 2014, the French, Swedish and Italian competition authorities launched market tests of commitments proposed by Booking.com in antitrust investigations in the online hotel booking sector. (...)

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 (...)

Swiss Cooperation Agreement on Competition Enforcement Enters into Force* On 29 September 2014, the Cartel Division of the Antimonopoly Office (AMO) initiated administrative proceedings against three undertakings for their suspected participation in a cartel agreement relating to public (...)

UOKiK Publishes Guide to Promote Competition Law Compliance in Funeral Services Sector* Over 100 decisions since 2000 and five pending cases have prompted the Office of Competition and Consumer Protection (UOKiK) to provide guidance on how cemeteries administrators ought to comply with (...)

Fines for Various Food Retailers* On 26 November 2014, the Cartel Court imposed a € 3 000 000 fine on the retailer SPAR Österreichische Warenhandels AG for vertical price agreements (RPM) concluded with several suppliers from 2002 to 2012 in the area of dairy products, which were found to (...)

Settlement with Dairy Producer* On 26 November 2014, the Cartel Court (29 Kt 60/14) imposed a fine of € 583.200 on NÖM AG, a major Austrian dairy producer for anticompetitive behaviour related to RPM with food retailers regarding certain dairy products between 2007 and 2012. The decision (...)

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 (...)

CNMC Fines IP Rights Collecting Society for Abuse of Dominant Position* On 14 November 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) imposed a fine of € 3 103 196 on Sociedad General de Autores y Editores (SGAE) for abusive practices concerning the management of (...)

SCA Closes Investigation of Recommendation on Amortisation by Swedish Bankers’ Association* In mid-October 2014, the Swedish Competition Authority (SCA) initiated an ex-officio investigation into a recommendation issued by the Swedish Bankers´ Association earlier the same month on (...)

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 (...)

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 (...)

Competition Authority Publishes Enforcement Decision concerning State Postal Services Provider* On 30 October 2014, the Competition Authority (Authority) published an Enforcement Decision following an investigation into how An Post - the State postal service provider - applied its Zonal (...)

SCA Closes Investigation into Retail Price Maintenance in Sport Nutrition Market* On 30 October 2014, the Swedish Competition Authority (SCA) adopted a reasoned priority decision not to pursue the investigation of a complaint regarding alleged resale price maintenance infringing Chapter 2 (...)

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 (...)

Payment Card Interchange Fees in Croatia Higher than EU Average* The Croatian Competition Agency (CCA) presented on 13 October 2014 an overview of the Payment Card Market on the basis of the data collected for the past three years. The objective was to examine the situation on the payment (...)

European Commission : Results of Modern Retail Study in EU Food Sector published* On 2 October 2014, the European Commission (the Commission) published the results of its ‘modern retail study’ on choice and innovation in the EU food sector. The Commission invites comments and opinions on (...)

AMO Initiates Proceedings in Bid Rigging Case in HealthCare Sector* On 29 September 2014, the Cartel Division of the Antimonopoly Office (AMO) initiated administrative proceedings against three undertakings for their suspected participation in a cartel agreement relating to public (...)

HCC Helps Public Officials to Detect Cartels in Public Procurement Tenders* On 24 September 2014, the Hellenic Competition Commission (HCC) published a "Guide for Public Procurement Authorities : Detection and Prevention of Collusive Practices in Procurement Tenders" (the Guide) in order to (...)

CNMC Fines Manufacturers of Pallets and Sectoral Association in Cartel Case* On 22 September 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) imposed fines totalling € 4 730 000 on 24 companies operating on the Spanish EUR/EPAL quality-controlled wooden pallet market and (...)

Guide on Settlements Published* Over the past years, many undertakings have sought to make use of settlement in cartel proceedings in Austria. In 2014 alone, a total of 15 cases were settled. Settlement has proven a useful tool to ensure that infringements come to an end swiftly, avoid long (...)

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 (...)

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 (...)

Lithuania : The Competition Council approves Parliament’s Decision to reject Amendments to Competition Law* On 18 September 2014, the Parliament of the Republic of Lithuania (the Parliament) rejected the amendments to the Law on Competition that proposed setting a fixed maximum fine of LTL (...)

Fines Imposed in Building Insulation Cartel Case* In September 2014, the Cartel Court imposed a fine on Austotherm, a producer of insulation products, for having taken part into a cartel in the distribution of polystyrene insulating material. So far, the producers of insulation materials (...)

New By-laws of Competition Authority to Ensure its Independence and Adequate Financing* On 1 September 2014, the new By-laws of the Portuguese Competition Authority (PCA), approved by Decree-Law No. 125/2014 of 18 August 2014, entered into force. This completes the reform of the Portuguese (...)

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 (...)

Sweden : Marker System introduced in Swedish Competition Act* On 1 August 2014, amendments to the Swedish Competition Act (2008:579) entered into force, which introduce new provisions on a marker system in the Swedish leniency programme. At the same time, some provisions on stopping the (...)

Austria : The Competition Authority publishes Guidance on Vertical Price Agreements* During the course of investigations carried out over the last few years, the Federal Competition Authority (BWB) became aware of anti-competitive agreements between suppliers and retailers, especially (...)

Romania : Recent Developments in Competition Legal Framework* At the end of July 2014, Romanian Competition Law no. 21/1996 was amended to enhance the decision- making powers of the competition authority. The new provisions concern the quorum requirements and representation of board (...)

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 (...)

Slovenia : The Competition Protection Agency fines Media Company PRO PLUS in Abuse Case* On 21 July 2014, the Slovenian Competition Protection Agency (CPA) imposed a fine of nearly € 5 000 000 on PRO PLUS, a leading broadcasting and internet media company in Slovenia, for having abused its (...)

The Netherlands : Fines on Flour Cartel largely upheld by Rotterdam Court* In 2012, the Netherlands Authority for Consumers & Markets (ACM, formerly the NMa) fined 14 (Dutch, German and Belgian) milling companies for taking part in a cartel infringement. Eleven companies appealed the (...)

Bulgaria : The Commission for the Protection of Competition proposes Adoption of new Legislation on Translator Services* On 16 July 2014, the Commission on Protection of Competition (CPC) adopted an opinion (Decision 964/2014) finding the current regulatory framework for certified (...)

Spain : The Comisión Nacional de los Mercados y la Competencia fines Association in Market for Transport of Freight by Road in Port of Alicante* On 10 July 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) adopted a decision in which it found that ASTRACO (Asociación (...)

France : The Autorité de la concurrence publishes Annual Report 2013* On 10 July 2014, the Autorité de la concurrence (the Autorité) published its Annual Report 2013 which provides an overview of its past year’s activity in the areas of merger control, antitrust enforcement and advocacy. (...)

European Commission adopts Communication on ‘Ten Years of Antitrust Enforcement - Achievements and future Perspectives and calls for strengthening Position of National Competition Authorities to ensure effective Enforcement of Competition Rules throughout the EU* On 9 July 2014, the European (...)

Croatia : Practical Guide on Compliance Programme published* In order to help companies avoid infringing competition rules, the Competition Agency (CCA) has published the “Practical Guide to Compliance Programme for Entrepreneurs” on its website on 8 July 2014. This guide is inspired by (...)

Greece : The Hellenic Competition Commission fines Poultry Meat Producers and Trade Association for participating in long-lasting Cartel* On 2 July 2014, the Hellenic Competition Commission (HCC), following an ex officio investigation, published a decision (HCC Decision 563/VΙI/2013, (...)

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 (...)

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 : (...)

Latvia : The Competition Council carries out Survey on Competition Concerns of Entrepreneurs in Latvia* Following a survey carried out in April and May 2014, the Competition Council (CC) concluded on 19 June 2014 that entrepreneurs in Latvia are rather passive in contributing to the (...)

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 (...)

United Kingdom : The Competition and Markets Authority sets out Changes for Private Motor Insurance* The Competition and Markets Authority (CMA) has set out the changes it proposes to make in the private motor insurance (PMI) market to increase competition and reduce the cost of premiums (...)

United Kingdom : Payday Borrowers pay Price for Lack of Competition* A lack of price competition means that payday loan customers may be paying too much for their loans, according to provisional findings from the Competition and Markets Authority (CMA), published on 11 June 2014. In a (...)

Latvia : The Competition Council launches Public Consultation on Case Prioritisation Strategy* The Competition Council (CC) of Latvia has developed and put out for public consultation a draft strategy of case prioritisation on 10 June 2014. The strategy sets out general principles and (...)

Portugal : The Competition Court upholds Competition Authority Decision fining Sport TV for Abuse of Dominant Position* On 4 June 2014, the Competition, Regulation and Supervision Court (the Court) upheld a decision of the Portuguese Competition Authority (PCA) finding that Sport TV had (...)

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 (...)

The Netherlands : The Authority for Consumers and Markets makes Recommendations for improving Competition in Banking Sector* In June 2014, the Authority for Consumers and Markets (ACM) published nine recommendations to lower entry barriers and improve competition in the Dutch retail banking (...)

Romania : Guidelines on Mobile Communication Network Sharing Agreements published* In June 2014, the Romanian Competition Council (RCC) released the ‘Guidelines for the interpretation and application of article 5(2) of the Competition Law no. 21/1996 republished, as subsequently amended, on (...)

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 (...)

Slovakia : The Antimonopoly Office of Slovak Republic publishes its Annual Report 2013* On 21 May 2014, the Antimonopoly Office of the Slovak Republic (the Office) published its Annual Report 2013 in which it summarises its activities and outputs in that year. In 2013, the Office focused (...)

Italy : The Italian Competition Authority issues Commitment Decision in Insurance Sector* On 20 May 2014, the Italian Competition Authority (ICA) issued a commitment decision, accepting the corrective measures proposed by major national insurance companies to meet the competition concerns (...)

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 (...)

Slovenia : Amendments to the Competition Act* On 10 May 2014, recent amendments to the Slovenian Competition Act came into force. The main changes concern the adjustment of the powers of the Slovenian Competition Protection Agency (CPA) to conduct inspections. The new system foresees that (...)

European Commission publishes its 2013 Report on Competition Policy focusing on competitiveness* On 6 May 2014, the European Commission published its 2013 Report on Competition Policy, which provides an account of the key policy developments, competition enforcement and advocacy initiatives (...)

Slovakia : Report on Provision of Financial Services to SMEs, local Municipalities and Households in Slovak Republic* The Antimonopoly Office of the Slovak Republic (the Office) made a detailed analysis of the financial sector, one of the most important driving forces of the economy. The (...)

Estonia : The Competition Authority recommends more Transparency in Funding of Medical Treatments* On 21 April 2014, the Estonian Competition Authority concluded its analysis of funding of medical treatments and made a proposal to the Ministry of Social Affairs to amend the Health Insurance (...)

Greece : The Competition Commission adopts Decision defining Terms, Conditions and Procedure for accepting Commitments* On 16 April 2014, the Hellenic Competition Commission (HCC) adopted Decision No. 588/2014 defining the terms, conditions and procedure for the acceptance of commitments in (...)

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 (...)

Denmark : Analysis of Competition and Productivity in Danish Retail Sector* On 10 April 2014, the Danish Competition and Consumers Authority (DCCA) published a report on its analysis of competition and productivity in the Danish retail sector, which is characterized by low productivity and (...)

United Kingdom : The Competition and Markets Authority finalises Changes to increase Competition in Private Healthcare* On 2 April 2014, the Competition and Markets Authority (CMA) published its final report on measures to increase competition in the private healthcare market. The final (...)

Romania : Beer Market under Scrutiny by Competition Council* In April 2014, the Romanian Competition Council (RCC) published the preliminary results of its sector inquiry into the national beer market covering the period between 2007 and 2011. The inquiry reveals that the market is an (...)

Sweden : The Competition Authority supports Reform of Court Structure for Competition Cases* In April 2014, the Swedish Competition Authority (SCA) expressed its support for a government proposal according to which competition law cases should be heard by the newly created Patent and Market (...)

Ireland : New Competition and Consumer Protection Bill merges Consumer Agency and Competition Authority* On 31 March 2014, a new Competition and Consumer Protection Bill was published by the Irish Government. The draft legislation has three main components : Merge the National Consumer (...)

Cyprus : Amendments to Protection of Competition Law enter into Force* On 28 March 2014, the Protection of Competition (Amendment) Law 2014 (Law no. 41(I)/2014), entered into force, having being approved by the House of Representatives and published in the Official Gazette of the Republic. (...)

United Kingdom : The Office for Gas and Electricity proposes Reference to Competition and Markets Authority to investigate Energy Market* On 27 March 2014, the Office for Gas and Electricity Markets (Ofgem, the UK regulator for energy), the Office of Fair Trading (OFT) and the Competition (...)

Bulgaria : The Commission for the Protection of Competition advocates for more Competition on Retail Market of Reimbursable Drugs* On 26 March 2014, the Commission for the Protection of Competition (CPC) adopted an advocacy opinion on the compatibility with competition rules of certain (...)

European Commission adopts revised Competition Regime for Technology Transfer Agreements* The European Commission (Commission) adopted in March 2014 new competition rules for assessing technology transfer agreements, through which a licensor permits a licensee to exploit patents, know- how (...)

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 (...)

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 (...)

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 (...)

France : The Autorité de la concurrence publishes Results of its Sector Inquiry on Long-Distance Coach Transport* On 27 February 2014, the Autorité de la concurrence (Autorité) published the conclusions of the extensive sector inquiry carried out over a one-year period on competition in the (...)

The Netherlands : The Authority for Consumers and Markets develops new Consultation Method to set its Agenda 2014-2015* On 5 February 2014, the Netherlands Authority for Consumers and Markets (ACM) launched an online consultation on its strategic agenda, using a multimedia project. The ACM (...)

Romania : Fines imposed on Companies active on Market for Dental Products* On 5 February 2014, the Romanian Competition Council (RCC) announced in a press release that it had imposed fines totalling € 102 613 on five companies for agreeing on the maximum discount that could be offered by (...)

Latvia : The Competition Council launches Inquiry into Supply of Information Systems to Public Authorities* In February 2014, the Competition Council (CC) started an inquiry into the supply of information systems to public authorities. The CC intends to examine whether competition (...)

Greece : The Hellenic Competition Commission issues Formal Opinion on Professional Rights of Engineers* On 30 January 2014, the Hellenic Competition Commission (HCC) issued Opinion No. 34/2014, following a formal request from the Greek Government, on a draft legislation amending the current (...)

Bulgaria : The Commission on Protection of Competition proposes Amendments to National Legislation regulating Provision of Ambulatory Medical Care* The Commission on Protection of Competition (CPC) considers that the ban on departmental hospitals to provide ambulatory medical care (...)

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 (...)

Bulgaria : Minimum Price-setting by Creative Associations restricts Competition* On 22 January 2014, the Commission on Protection of Competition (CPC) adopted an advocacy opinion stating that the possibility for creative associations (associations of actors, artists, musicians, dancers, (...)

Spain : The Comisión Nacional de los Mercados y la Competencia fines Correos in Margin Squeeze Case* On 21 January 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) imposed a fine of € 8 170 000 on the postal service provider Sociedad Estatal Correos y Telégrafos S.A. (...)

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 (...)

Romania : Fines imposed for Anti-competitive Conduct in Buy-Back Campaigns in Market for Sale of Electric and Electronic Equipment* In January 2014, the Romanian Competition Council (CC) adopted a decision finding an infringement of Article 101 TFEU and Article 5 (1) of the national (...)

Latvia : Amendments to Latvian Competition Law planned* In January 2014, ministries and stakeholders concluded discussions on amendments to the Competition Law of the Republic of Latvia. The amendments will now be laid down in concrete terms before their submission to the Cabinet of (...)

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 (...)

Slovakia : The Supreme Court upholds Decisions of Antimonopoly Office in Construction Cartel Case* On 30 December 2013, the Supreme Court of the Slovak Republic (Supreme Court) annulled the judgment of the Regional Court Bratislava, which in December 2008 had annulled the decisions of the (...)

Lithuania : Parliament adopts Amendments to Law on Competition* On 23 December 2013, the Parliament of the Republic of Lithuania adopted amendments to the national Law on Competition (the Amendments) which entered into force on 8 January 2014. In the event of appeal against a Competition (...)

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 (...)

France : The Autorité de la concurrence publishes Opinion on Medicinal Distribution Sector* In February 2013, the Autorité de la concurrence (the Autorité) launched a vast sector inquiry in order to examine the competitive factors at play throughout the distribution chain for medicinal (...)

Bulgaria : The Commission on Protection of Competition proposes Abolition of anticompetitive Regulations on Production and Sale of Wood* On 18 December 2013, the Commission on Protection of Competition (CPC) adopted an ex-officio opinion on the compliance of the legal framework regulating (...)

Poland : The Court of Competition and Consumer Protection upholds UOKiK’s Decision in Cement Cartel Case* On 13 December 2013, the Court of Competition and Consumer Protection (SOKiK) confirmed the decision of the President of the Office of Competition and Consumer Protection (UOKiK) (...)

ECN Recommendations on investigative and decision making Powers published* On 10 December 2013, a set of European Competition Network (ECN) Recommendations on key investigative and decision-making powers were published. The ECN Recommendations are intended to serve as guidance for (...)

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 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 (...)

Greece : The Hellenic Competition Commission publishes Executive Summary of Final Report of Inquiry into Fruit-and-Vegetable Sector* The Hellenic Competition Commission (HCC) has conducted a sector inquiry into the production, marketing, distribution and retail of seven categories of fruit (...)

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 (...)

Latvia : The Competition Council concludes Sector Inquiry into Milk Production and Processing* In late 2013, the Competition Council of Latvia (CC) concluded a sector inquiry into the market of milk production and processing. As part of the inquiry, the CC evaluated the level of competition (...)

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 Commission : DG Competition signs Memorandum of Understanding on Cooperation with the Competition Commission of India* On 22 November 2013 the European Commission signed a Memorandum of Understanding (MoU) on cooperation in the field of competition laws with the Competition (...)

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 (...)

Greece : The Hellenic Competition Commission issues Formal Opinion on Production, Testing, Certification and Marketing of Cement* On 11 November 2013, the Hellenic Competition Commission (HCC) issued Opinion No 32/VII/2013 on regulatory-type restrictions concerning the distribution of (...)

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 (...)

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) (...)

United Kingdom : The Office of Fair Trading launches Call for Information on Undergraduate Higher Education in England* On 22 October 2013, the Office of Fair Trading (OFT) launched a call for information on the provision of undergraduate higher education in England by universities and (...)

Slovakia : New Guidelines on Calculation of Turnover* The Antimonopoly Office of the Slovak Republic (the Office) has published Guidelines on Calculation of Turnover, with effect from 15 October 2013. The Guidelines were issued for the purpose of merger control, and will help the merging (...)

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 (...)

Austria : Cartel Court imposes Fines for Resale Price Maintenance* The Cartel Court (the Court) adopted two decisions imposing fines for breach of Article 101 TFEU and of § 1 of the Austrian Cartel Act 2005 by Resale Price Maintenance (RPM) between producers and supermarkets. In the first (...)

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 (...)

Vertical Restraints in the Internet Economy - Meeting of the Working Group on Competition Law in Bonn* Bonn, 14 October 2013 : On 10 October 2013 the Working Group on Competition Law met in Bonn at the invitation of the Bundeskartellamt. At this year’s meeting more than 100 competition law (...)

Spain : The Comisión Nacional de los Mercados y la Competencia (CNMC) becomes operational* On 7 October 2013, the Comisión Nacional de los Mercados y la Competencia (CNMC) became fully operational, following the publication of the relevant Ministerial Order of the Ministry of Economy. The (...)

France : The Autorité de la concurrence issues several Recommendations to amend Bill on Railway Sector in France* On 4 October 2013, the Autorité de la concurrence (the Autorité) provided the French government with an opinion concerning a bill on railway reform (the Bill) that had been (...)

United Kingdom : New Competition Authority Comes into Existence* The UK’s new unified competition body, the Competition and Markets Authority (CMA), was launched on 1 October 2013 in shadow form before going live in April 2014. The CMA will bring together the Competition Commission (CC) (...)

Italy : Competition Authority launches Initiative to fight Bid-Rigging* In Italy, contracting entities/authorities (i.e. bodies governed by public law) which award contracts under the public procurement rules are relatively numerous and the value of such contracts accounts for about 10% of (...)

Denmark : Expensive to send small Consignments in Denmark* The Danish Competition and Consumer Authority (DCCA) published a report on parcel deliveries to consumers on 27 September 2013. Several providers offer competing services in the Danish market and competition has intensified in (...)

Spain : The Comisión Nacional de la Competencia fines Container Transport Companies and Professional Association* On 24 September 2013, the Comisión Nacional de la Competencia (CNC) Council found that the container transport industry association ASEMTRACON as well as several undertakings (...)

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 (...)

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 (...)

Bulgaria : The Commission on Protection of Competition proposes Measures to enhance Competition in Hospital Services Market* On 18 September 2013, the Bulgarian Commission on Protection of Competition (CPC) adopted an ex officio opinion on the compliance with the competition rules of the (...)

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 (...)

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 (...)

Poland : UOKiK publishes Report on Public Procurement* Bid-rigging is one of the biggest problems faced by the public procurement system in Poland. The Office of Competition and Consumer Protection (UOKiK) therefore decided to analyse the Polish public procurement system, and drew up a (...)

Austria : The Cartel Court imposes Fine in Milling Industry* On 3 September 2013, the Cartel Court imposed a € 58 500 fine on Vorarlberger Mühlen- und Mischfutter GmbH (Vorarlberger Mühlen) for Resale Price Maintenance (RPM) between the latter and a number of retailers (Court reference (...)

Norway : The Competition Authority publishes Report following its Sector Inquiry into Car Warranty Conditions* In September 2013, the Norwegian Competition Authority (the NCA) published a report based on its sector inquiry into car warranty conditions in Norway. The inquiry was triggered (...)

Sweden : Screening for Cartels in Public Procurement Auctions* In September 2013, the Swedish Competition Authority (SCA) initiated a project aimed at detecting cartels in public procurements by using proactive economic methodology. Economic detection methods offer an alternative when (...)

Germany : Market Transparency Unit for Fuels now operational* On 31 August 2013, the statutory obligation to report price data to the Bundeskartellamt’s (BKartA) Market Transparency Unit for Fuels (MTU) came into effect. As of that date, all companies operating public petrol stations or (...)

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 (...)

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) (...)

Slovakia : The Antimonopoly Office of the Slovak Republic fines Abuse in Freight Rail Transport Market* On 22 August 2013, the Antimonopoly Office of the Slovak Republic - Abuse of Dominant Position and Vertical Agreements Division - (the Office) issued a decision finding an abuse of (...)

Italy : The Italian Competition Authority publishes Results of Sector Inquiry into Retail Distribution* The Italian Competition Authority (ICA) has published the results if its sector inquiry into Italian retail distribution, concluded in July 2013, which was aimed at understanding the (...)

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 (...)

Romania : Final Report of Inquiry into Roads and Highways Construction Sector* The report on the sector inquiry finalised in August 2013 by the Romanian Competition Council (RCC) expresses competition concerns on the identified upstream markets of production and trade of mineral (...)

Lithuania : The Competition Council publishes its 2012 Annual Report* In August 2013, the Competition Council (Konkurencijos taryba, KT) published the English version of its Annual Report for 2012. The Report recalls the results of the impact assessment exercise carried out by the KT to (...)

Hungary : Launch of Inquiry into Online Room Reservations Sector* On 29 July 2013, the GVH (the Hungarian Competition Authority) initiated an inquiry into the online room reservation sector. The objective pursued by the GVH is to become familiar with and evaluate the processes involved in (...)

Estonia : Competition Act amended* On 15 July 2013, amendments to the Competition Act came into force. The main changes concern the administrative procedure. The first set of amendments concern the decisions adopted by the Competition Authority pursuant to Article 5 of Regulation 1/2003. (...)

Hungary : New Rules for Leniency Applicants* On 11 July 2013, the GVH (Gazdasági Versenyhivatal - the Hungarian Competition Authority) published a revised version of its leniency explanatory notes and application form for leniency. Both documents, which were adopted by the President of the (...)

France : The Autorité de la Concurrence submits its Initial Assessment of the Medicinal Distribution Sector to Public Consultation* On 10 July 2013, the Autorité de la concurrence (the Autorité) made public its initial assessment of the competitive factors at play throughout the (...)

France : The Autorité de la concurrence publishes Annual Report 2012* On 10 July 2013, the Autorité de la concurrence (the Autorité) published its Annual Report for 2012 which covers its activities in all areas of competition law, i.e., merger control, antitrust enforcement and public (...)

United Kingdom : The Office of Fair Trading publishes new Leniency Guidance* On 8 July 2013, the Office of Fair Trading (OFT) published revised and detailed leniency guidance aimed at providing a clear and practical framework for leniency applications, including a policy of not requiring (...)

Croatia becomes 28th EU Member State and Croatian Competition Authority joins ECN* On 1 July 2013, Croatia joined the European Union and the Croatian Competition Agency (CCA) became a member of the ECN. The accession was celebrated with an event in Zagreb which gathered the highest EU (...)

Portugal : The Competition Authority publishes Study on Digital Terrestrial Television (DTT)* On 28 June 2013, the Portuguese Competition Authority (PCA) published a Study on Digital Terrestrial Television (DTT). The aim was to reflect on the DTT service on offer in Portugal, with the (...)

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 (...)

Germany : The Bundeskartellamt publishes its Activity Report* On 26 June 2013, the Bundeskartellamt (BKartA) published its activity report for 2011/2012. In the past two years the BKartA has further enhanced its cartel prosecution activities which resulted in fines in 34 cartel (...)

Germany : The Bundeskartellamt publishes new Fining Guidelines* On 25 June 2013, the Bundeskartellamt (BKartA) released revised fining guidelines following a judgment of the German Federal Court of Justice, (the highest German Cartel court (Bundesgerichtshof) of February 2013 regarding (...)

Spain : Communication on Leniency Programme published* On 21 June 2013, the Comisión Nacional de la Competencia (CNC) has published a Communication on its Leniency Programme. With this Communication, the CNC seeks to enhance the transparency and predictability of its actions in proceedings (...)

European Commission : Lundbeck and other Pharmaceutical Companies fined for delaying Market Entry of Generic Medicines through pay-for-delay Agreements* On 19 June 2013, the European Commission (the Commission) imposed a fine on the Danish pharmaceutical company Lundbeck and a number of (...)

United Kingdom : The OFT announces Market Study on SME Banking* On 19 June 2013, the Office of Fair Trading (OFT) announced a market study on competition in banking for small and medium-sized businesses (SMEs) and is seeking views on its scope. The study is part of the OFT’s continuing (...)

Italy : The Italian Competition Authority publishes its Annual Report 2012* On 18 June 2013, the Italian Competition Authority (ICA) published its Annual Report. As regards the application of antitrust rules, four proceedings on anti-competitive agreements and 10 proceedings on abuse of (...)

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 (...)

Malta : Draft Leniency Regulations published for Public Consultation* The Office for Competition (the Office), which is part of the Malta Competition and Consumer Affairs Authority, published on 14 June 2013 draft leniency regulations for public consultation. The public consultation will (...)

Austria : The Federal Competition Authority (FCA) launches Public Consultation on Draft Guidelines regarding Vertical Price Fixing* In the course of recent enforcement activities by the FCA, it has appeared that vertical price fixing practices combined with horizontal coordination are (...)

The Netherlands : The Netherlands Authority for Consumers and Markets looks into Relationship between Behavioural Economics and Competition Enforcement* The Authority for Consumers and Markets (ACM) has researched what behavioural economics can mean for competition policy. The research (...)

Denmark : The Competition Council finds Refusal to Supply and Restrictions to Parallel Trade in Railway Spare Parts Sector* On 12 June 2013, the Danish Competition Council (DCC) ruled that Deutz AG (Deutz) and Diesel Motor Nordic A/S (Diesel Motor Nordic) have infringed the Danish and (...)

European Commission adopts Proposal on Antitrust Damages Actions* On 11 June 2013, the European Commission (Commission) adopted a proposal for a Directive on antitrust damages actions. The proposal’s objective is to ensure the effective exercise of the EU right to compensation for harm (...)

The Netherlands : The Netherlands Authority for Consumers and Markets issues Market Analysis on Brewery Contracts* On 6 June 2013, the Netherlands Authority for Consumers & Markets (ACM) issued a market analysis on the impact of arrangements between brewing companies and bar owners. ACM (...)

Spain : Creation of the new National Markets and Competition Commission, CNMC* On 4 June 2013, the Spanish Parliament adopted Act 3/2013 creating a new authority in charge of both competition and regulatory matters : the Comisión Nacional de los Mercados y la Competencia, CNMC (National (...)

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 (...)

Romania : Report on Inquiry into Multilateral Interchange Fees in Payment Cards Sector* On 22 February 2011, the Romanian Competition Council (RCC) opened an inquiry into the card payment services sector. The findings of this inquiry were presented in a final Report published on 30 May (...)

France : The Autorité de la concurrence fines Cartel among major Distributors of Commodity Chemicals in France* On 28 May 2013, the Autorité de la concurrence (the Autorité) issued a decision imposing a total of € 79 000 000 in fines on a cartel between Brenntag, Caldic Est, Univar and (...)

Slovakia : The Supreme Court upholds Authority’s Decision in Banking Cartel Case* On 23 May 2013, the Supreme Court of the Slovak Republic (Supreme Court) confirmed the decision of the Antimonopoly Office of the Slovak Republic (the Office) imposing a fine of € 18 394 on ENVI‑PAK, a. s. (...)

Slovakia : The Supreme Court upholds Authority’s Decision in Banking Cartel Case* On 21 and 22 May 2013, the Supreme Court of the Slovak Republic (Supreme Court) upheld a decision of the Antimonopoly Office of the Slovak Republic (the Office) in a case concerning a banking cartel, (...)

Bulgaria : The National Health Insurance Fund Acts impose Quota Limitations on Pharmacies and foreclose the Market for Medical Devices* In May 2013, the Bulgarian Commission on Protection of Competition (CPC), as part of its competition advocacy powers, adopted two opinions on Acts of the (...)

European Commission : European Union and Switzerland sign Cooperation Agreement in Competition Matters* On 17 May 2013, the European Union (EU) and the Swiss Confederation have signed an agreement that will strengthen cooperation between their respective competition authorities, the (...)

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 (...)

Austria : The Cartel Court imposes Fine in Food Retail Case* On 13 May 2013, the Cartel Court (the Court) imposed a € 20 800 000 fine on the REWE Group (REWE) for vertical agreements between REWE and a number of suppliers (Court reference number 25 Kt 29/13). The Court held that REWE (...)

Italy : The Competition Authority fines Telecom Italia for Unilateral Practices in Wholesale Broadband Markets* On 9 May 2013, following complaints lodged by two Italian telecommunications providers (OAO - other authorized operators), the Italian Competition Authority (ICA) fined Telecom (...)

Spain : The Comisión Nacional de la Competencia publishes Report on Rail Transportation of Goods* As part of its competition advocacy activities, the Comisión Nacional de la Competencia (CNC) has published a report analysing the sector for rail transport of goods in Spain, which has been (...)

France : The Autorité de la Concurrence market tests Visa and MasterCard’s Commitments to reduce Multilateral Interchange Fees for Domestic Card Transactions* On 6 May 2013, the Autorité de la concurrence (the Autorité) published Visa and MasterCard’s commitments to reduce the multilateral (...)

Italy : The Competition Authority finds Antitrust Infringement in National Market for Legal Services* On 23 April 2013, the Italian Competition Authority (ICA) decided that five Bar Associations (Civitavecchia, Latina, Tempio Pausania, Tivoli e Velletri) had infringed Article 101 TFEU. The (...)

Spain : The Comisión Nacional de la Competencia fines Correos for Abuse of Dominant Position in Postal Sector* On 22 April 2013, the Comisión Nacional de la Competencia (CNC) Council adopted a decision finding that Sociedad Estatal Correos y Telegrafos, S.A. (Correos) abused its dominant (...)

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 (...)

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 (...)

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 (...)

Sweden : The Market Court upholds City Court’s Decision finding Abuse in Telia Sonera Case* On 12 April 2013, the Swedish Market Court (the Market Court) ordered the Swedish telecom operator Telia Sonera Sverige AB (Telia Sonera) to pay an administrative fine amounting to SEK 35 000 000 (...)

Finland : Legislative Proposal to increase Competition Neutrality between Public-Sector and Private-Sector Companies* On 11 April 2013, the Finnish Government has published a draft law aimed at ensuring competition neutrality between public-sector and private-sector market operators. The (...)

The Netherlands : The Netherlands Authority for Consumers and Markets launches Consultation on Strategy and sets Keys Priorities for 2013* On 11 April 2013, the Netherlands Authority for Consumers & Markets (ACM), which started its activities on 1 April 2013, launched a consultation on (...)

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 (...)

Poland : The Office of Competition and Consumer Protection opens Proceedings against Gas Supplier PGNiG* On 3 April 2013, the President of the Polish Office of Competition and Consumer Protection (UOKiK) instituted antimonopoly proceedings against the gas supplier Polskie Górnictwo Naftowe (...)

Belgium : New Belgian Competition Authority and new Competition Act* A new Belgian Competition Act (the Act) was adopted on 3 April 2013. This new Act establishes an independent Competition Authority with a simplified structure and introduces significant procedural changes in competition (...)

Latvia : The Competition Council fines collective Copyright Management Association for Excessive Pricing* On 2 April 2013, the Competition Council of Latvia (CC) adopted a decision to fine the collective copyright management association AKKA/LAA for having abused its dominant position by (...)

The Netherlands : The Netherlands Authority for Consumers and Markets starts operating* On 1 April 2013, the Netherlands Consumer Authority (CA), the Netherlands Competition Authority (NMa) and the Netherlands Independent Post and Telecommunications Authority (OPTA) have merged into the (...)

Denmark : Report on Competition in Danish Retail Banking Market* In April 2013, the Danish Competition and Consumer Authority (DCCA) published a report investigating competition in the Danish retail banking market. The main conclusion is that there is significant room for improvement of (...)

Portugal : The Competition Authority adopts Guidelines on Fines* *Article originally published in ECN Brief 02/2013. 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. "The information provided by (...)

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 (...)

Austria : The Cartel Court imposes Fine in Consumer Electronics Products Case* On 26 March 2013, the Cartel Court imposed a € 2 900 000 fine on Philips Austria GmbH (Philips Austria) for Resale Price Maintenance (RPM) between the latter and a number of retailers (Court reference number 29 (...)

Spain : The Comisión Nacional de la Competencia imposes Fines in Paper Envelopes Cartel Case* In its Resolution of 25 March 2013, the Comisión Nacional de la Competencia (CNC) Council found that several companies active in the manufacture, distribution and marketing of paper envelopes had (...)

Romania : The Competition Council launches Sector Inquiries into Pharmaceutical Market and Electronic Communication Services* On 19 March 2013, the Romanian Competition Council (RCC) opened by an Order of its President a new sector inquiry to assess possible malfunctions of the (...)

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, (...)

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 (...)

Austria : Revised Manual on Leniency adopted* On the occasion of the recent amendment of the Austrian competition law (see Article from European Competition Network Brief, The Austrian Parliament enacts several proposals for amendments to the current competition regime law, 1er March 2013, (...)

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 (...)

Sweden : Proposals of Swedish Government’s Inquiry regarding Enhanced Effectiveness of Competition Law Enforcement* On 8 March 2013, the results of the Inquiry entitled “Enhanced Effectiveness of Competition Law Enforcement” were presented to the Swedish Government. This follows the launch (...)

European Commission : Microsoft fined for Non-Compliance with Browser Choice Commitments* On 6 March 2013, the European Commission (the Commission) imposed a fine on Microsoft for failing to comply with binding commitments. According to those commitments, Microsoft had to display to (...)

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 (...)

Austria : Competition Law Amendments to be in force from 1 March 2013* The Austrian parliament has enacted several proposals for amendments to the current competition regime law taking effect from 1 March 2013. The objective thereof is to enhance the efficiency of the enforcement of (...)

Belgium : The Competition Council imposes Fines on five large Flour Mills* On 28 February 2013, the Competition Council (the Council) sanctioned five flour mills (Werhahn, Meneba, Ceres, Dossche and Brabomills) for having taken part into a cartel on the market for the production and sale (...)

Spain : The Comisión Nacional de la Competencia fines ten Companies and Sector Association for Cartel in Flexible Polyurethane Foam* In its Resolution of 28 February 2013, the Comisión Nacional de la Competencia (CNC) Council found that several companies active in the sector of the flexible (...)

Malta : The Competition and Consumer Appeal Tribunal rules on Access to File by Complainant* On 27 February 2013, in Hon. Mizzi vs Office for Competition, the Competition and Consumer Appeal Tribunal (the Tribunal) reached a decision in parte clarifying the extent to which information (...)

Germany : The Bundesgerichtshof confirms Constitutionality of Central Fining Provision of German Competition Law * On 26 February 2013, the Bundesgerichtshof, (Federal Court of Justice) the highest German court in cartel cases, has upheld a judgment by the Oberlandesgericht Düsseldorf (...)

Austria : Additional Fines imposed by Cartel Court in Building Insulation Case* Following several inspections conducted in 2012 and the applications for fines by the Federal Competition Authority (FCA), the Cartel Court imposed on 25 February 2013 fines on a producer and a merchant for (...)

France : The Autorité de la concurrence launches Sector Inquiries into Distribution of Medicinal Products and Interregional Coach Transport* In February 2013, the Autorité de la concurrence (the Autorité) launched two ex officio sector inquiries into, the distribution of medicinal products (...)

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 (...)

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 (...)

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). (...)

United Kingdom : New Help for Consumers and Businesses to take Action against Price-Fixing* Groups of consumers and companies will find it easier to take collective legal action against businesses acting in an anti-competitive way under new proposals announced by the Department for (...)

European Commission : Spanish and Portuguese incumbent Telecommunications Operators fined for non-compete Agreement* On 23 January 2013, the European Commission (the Commission) adopted a decision imposing fines of € 66 894 000 on Telefónica and of € 12 290 000 on Portugal Telecom for (...)

Austria : The Cartel Court imposes Fine on Dairy Company* On 23 January 2013, the Cartel Court imposed a fine of € 1 125 000 on the dairy producer Berglandmilch (Court reference number 29 Kt 77/12) : Berglandmilch was found to have participated in an infringement of Article 101 TFEU and § (...)

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 (...)

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 (...)

United Kingdom : The Office of Fair Trading launches Workplace Pensions Market Study* On 17 January 2013, the Office of Fair Trading (OFT) launched a market study to examine whether defined contribution workplace pension schemes are set up to deliver the best value for money for savers. (...)

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 (...)

United Kingdom : Office of Fair Trading Report points to Competition Working well in UK Road Fuel Sector* Rises in pump prices for petrol and diesel over the last 10 years have been caused largely by higher crude oil prices and increases in tax and duty and not a lack of competition, an (...)

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 (...)

ECN : Heads of ECN Authorities endorse Resolution* The on-going reform of the Common Agricultural Policy addresses a number of important issues for the future evolution of the agricultural sector, including the application of competition rules. • In this context, the European (...)

Finland : The Competition Authority proposes Fines for Abuse of Dominant Position in Fresh Milk Market * On 20 December 2012, the Finnish Competition Authority (FCA), now the Finnish Competition and Consumer Authority (FCCA), proposed to the Market Court to impose on Valio Oy (Valio) a € 70 (...)

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 (...)

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 (...)

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 (...)

Bulgaria : The Commission on Protection of Competition adopts Guidelines on Corporate Competition Compliance Programmes and Guidelines on Advocacy* On 20 December 2012, the Commission on Protection of Competition (CPC) adopted Guidelines on the Corporate Competition Compliance Programmes (...)

Germany : The Federal Constitutional Court confirms Constitutionality of Provision on Interest charged on Antitrust Fines* In a ruling of 19 December 2012, the Federal Constitutional Court has decided that the statutory imposition of interest on antitrust fines is in accordance with the (...)

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 (...)

Denmark : Competition Act amended* On 19 December 2012, a revised competition act was adopted. The amendments that come into force on 1 March 2013 are compiled in the Consolidated Act No. 23 of 17 January 2013. The legal framework for sanctioning infringements of the Danish competition act (...)

France : The Autorité de la Concurrence fines national incumbent Railway Operator SNCF for Unilateral Practices and imposes Injunction* On 18 December 2012 the Autorité de la concurrence (the Autorité) imposed on SNCF, the national incumbent railway operator, a fine of € 60 900 000 as well (...)

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 (...)

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 (...)

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 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 (...)

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 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 (...)

Czech Republic : Competition Act amended* On 1 December 2012, the revised Act No. 143/2001 Coll. on the Protection of Competition and on the Amendment of Certain Acts (the Act) entered into force. It amends the legal framework for competition proceedings in the Czech Republic. The most (...)

Italy : The Competition Authority publishes Results of Inquiry into national Fuel Retail Sector* In December 2012, the Italian Competition Authority (ICA) published the findings of its inquiry into the national fuel retail sector. The inquiry covers the period 2010-2012. It reveals that (...)

Hungary : The Competition Authority provides Guidance on Competition Compliance Programmes* Most undertakings in Hungary are not aware of how to comply with competition rules : this emerged from extensive research carried out by the Gazdasági Versenyhivatal (GVH – Hungarian Competition (...)

Germany : Preparations for Launch of Transparency Unit for Fuels* The Bundeskartellamt (BKartA) has appointed on 30 November 2012 a project team in order to set up the future transparency unit for fuels. The unit is envisaged to be operational in 2013. Complaints against high fuel prices (...)

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 (...)

Portugal : The Competition Authority publishes new Leniency Regulation and Guidelines* On 29 November 2012, the Competition Authority (PCA) approved a new Leniency Regulation 1/2003 and explanatory Guidelines. The new Leniency Regulation entered into force on 3 January 2013, upon its (...)

Denmark : Guidelines on Fighting Bid Rigging in Public Procurement published* The Danish Competition and Consumer Authority (DCCA) has published a set of guidelines on how to fight bid rigging cartels in public procurement on 29 November 2012. The guidelines also address the issues of (...)

Hungary : New Law affecting Application of the Hungarian Competition Act* The Amendment to the Act CXXVIII of 2012 on agricultural associations and on the regulation of certain issues of the agricultural markets (the Act) entered into force on 28 November 2012. This amendment which (...)

Luxembourg : The Competition Council accepts Commitments in Press Distribution Sector* By its decision of 23 November 2012, the Competition Council has accepted commitments by Valora Luxembourg s.à.r.l. (Valora), the Luxembourgish subsidiary of Valora Holding SA (Switzerland), that address (...)

European Courts : Court of Justice upholds Commission Decision on Breach of Seal during an Inspection * On 22 November 2012, the Court of Justice of the European Union (ECJ) ruled on an appeal against a General Court (GC) judgment that had upheld the Commission decision of 2008 fining E.ON (...)

Denmark : Non-transparent Markets make Switch of Service Providers difficult* On 22 November 2012, the Danish Competition and Consumer Authority (DCCA) published a report on mobile phone subscribers and insurance customers’ switching of service providers. The main conclusions are : • (...)

Germany : The Bundeskartellamt prohibits Joint Venture in Chemicals Trading Sector* On 21 November 2012, the Bundeskartellamt (BKartA) issued a prohibition decision concerning a joint venture of two chemicals trading companies. The joint venture in question, CVH Chemie-Vertrieb GmbH & (...)

France : New Law on economic Regulation in overseas Departments vests the Autorité de la concurrence with specific Injunctive Powers* On 21 November 2012, the law relating to economic regulation in France’s overseas departments was published in the French Official Journal. It aims at (...)

The Polish Council of Ministers accepts proposal for draft amendment of Polish competition law* On 20 November 2012, the Council of Ministers accepted the proposal for the draft amendment of the Act of 16 February 2007 on Competition and Consumer Protection (the Act). UOKiK will start (...)

Spain : The Comisión Nacional de la Competencia fines Mazda Automóviles de España* In its Resolution of 16 November 2012, the Council of the Comisión Nacional de la Competencia (CNC) established that Mazda Automóviles de España, SA (Mazda) concluded agreements and put practices into place (...)

The Office of Fair Trading calls for Information about Online Personalised Pricing Practices* On 14 November 2012, the UK Office of Fair Trading (OFT) launched a call for information to explore the extent to which businesses are monitoring online shoppers and using the data to target them (...)

The Hellenic Competition Commission accepts commitments from dominant Greek incumbent gas company* In a landmark decision of 12 November 2012, the Hellenic Competition Commission (HCC) accepted commitments offered by DEPA, the Greek incumbent gas supplier, with a view to speeding up the (...)

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 (...)

Bulgaria : The Commission on Protection of Competition fines Members of Distribution Network for Hyundai Motor Vehicles* On 6 November 2012, the Bulgarian Commission on Protection of Competition (CPC) imposed fines amounting to approximately € 8 000 000 on the authorised importer of Hyundai (...)

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 (...)

The latvian Competition Council creates Knowledge Network to Fight Bid Rigging* On 29 October 2012, the Competition Council (CC) held a seminar dedicated to organisers of public procurement procedures and the City council members of Daugavpils, which is the second largest city in Latvia. (...)

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 (...)

The Polish Office launches another Edition of Campaign ‘Entrepreneur, don’t collude’* In November 2012, the Office of Competition and Consumer Protection (UOKiK) launched another edition of the advocacy campaign entitled : “Entrepreneur, don’t collude !”. This time the advocacy efforts of (...)

The Romanian competition authority imposes fines on bid rigging cartel in natural gas pipelines sector* On 17 October 2012, the Romanian Competition Authority (RCC) found that four undertakings had taken part in bid rigging in the framework of two public procurement procedures organised by (...)

The UK Office of Fair Trading launches revised Competition Act Procedures Guidance* On 16 October 2012, the Office of Fair Trading (OFT) set out new decision-making processes and procedural enhancements to boost the speed and robustness of Competition Act 1998 (CA98) investigations and (...)

Spain : The Comisión de la Competencia fines six Companies in Paper Envelopes Export Cartel* In its Resolution of 15 October 2012, the Comisión Nacional de la Competencia (CNC) Council considered it proven that an infringement of Article 1 of the Spanish Competition Act and Article 101 TFEU (...)

Spain : The Comisión de la Competencia analyses Collaboration Protocol in Dairy Sector and Collaboration Agreement on Olive Oil* In October 2012, the Comisión Nacional de la Competencia (CNC) adopted two reports analysing the Collaboration Protocol and Agreement in the Dairy (link in (...)

France : The Autorité de la Concurrence calls for progressive Lifting of Restrictions on Distribution of visible Spare Parts* Following the launch of its sector inquiry into the automotive aftermarkets in 2011 and an open and transparent public consultation on its provisional findings, the (...)

Bulgaria : The Bulgarian Commission on Protection of Competition investigates the Union of Bulgarian Millers* On 18 September 2012, the Commission on Protection of Competition (CPC) initiated proceedings against the Union of Bulgarian millers (the Union) for an alleged breach of Article 15 (...)

The Italian Competition Authority issues Report on Liberalization* At the beginning of October 2012, the Italian Competition Authority (ICA) issued a new Report addressing a wide range of sectors and issues where further intervention is needed in order to promote competition. The Report (...)

Germany : Final Report on Sector Inquiry into rolled Asphalt Industry * On 1 October 2012 the Bundeskartellamt (BKartA) published its final report on the sector inquiry it has conducted into the industry for rolled asphalt, which is the asphalt type primarily used in road construction. The (...)

The Italian Competition Authority requests modifications in legislation in field of leniency policy and merger review* In the report issued at the beginning of October 2012 (see this ECN Brief), the Italian Competition Authority (ICA) stated that efforts to promote competition need to be (...)

The UK Office of Fair Trading refers Private Motor Insurance Market to Competition Commission* On 28 September 2012, the Office of Fair Trading (OFT) referred the UK’s private motor insurance market to the Competition Commission for further investigation amid concerns that the market is not (...)

Italy : The Italian Competition Authority fines Cartel in Road Barriers Market* On 27 September 2012, the Italian Competition Authority (ICA) concluded an investigation in the market for safety metal devices for roads and motorways. The investigation had been opened ex officio by the ICA (...)

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 Commission signs Memorandum of Understanding on Cooperation with Chinese Antitrust Authorities, the National Development and Reform Commission (NDRC) and the State Administration of Industry and Commerce (SAIC)* On 20 September 2012, the European Commission (Directorate-General for (...)

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 (...)

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 (...)

The Finnish Government launches a programme for promoting healthy competition* In spring 2012, the Finnish Government launched a programme for promoting healthy competition. The aim of the programme is to increase competition in the domestic market. The programme will include measures to (...)

France : The Autorité de la concurrence publishes Results of Sector Inquiry into e-commerce* On 18 September 2012, the Autorité de la concurrence (the Autorité) published the findings of its inquiry into e-commerce which 30 million French people have used in 2011. Focus was put on (...)

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 (...)

Poland : The UOKiK publishes Report on Polish Gas Market* The Polish gas sector is a market where the pace of liberalization has been slow in comparison with other network industries. Therefore, the Office of Competition and Consumer Protection (UOKiK) decided to examine this market, and (...)

United Kingdom : New Guidance on Penalties for breaching Competition Law* On 10 September 2012, the Office of Fair Trading (OFT) published new guidance on how it will set penalties for breaches of competition law. The guidance will allow the OFT to continue to set substantial penalties to (...)

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 (...)

Finland : Report on Provision of Pharmaceutical Products published* The Finnish Competition Authority (FCA) published on 28 August 2012 an extensive report on the provision of pharmaceutical products in Finland, in which several amendments to the current regulation on the Finnish pharmacy (...)

Germany : The Higher Regional Court Düsseldorf denies third-party Access to Leniency Applications in Court Proceedings* On 22 August 2012, the Higher Regional Court Düsseldorf issued a decision rejecting a third-party claim for access to leniency applications made to the Bundeskartellamt (...)

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 (...)

Slovenia : Resale Price Maintenance in Electricity Market* On 14 August 2012, the Competition Protection Office of the Republic of Slovenia (CPO) issued a decision finding that Slovenia’s second largest electricity producer GEN Energija d.o.o. (GEN Energija) and the electricity retailer GEN (...)

Germany : The Bundeskartellamt imposes first Fine in Sweets Case* On 1 August 2012, the Bundeskartellamt (BKartA) has imposed fines totalling € 2 400 000 on the confectionery manufacturer Haribo GmbH & Co KG (Haribo) for having infringed Article 101 TFEU and the corresponding provision (...)

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 (...)

Belgium : Fine imposed for Abuse of Dominant Position in Export and Distribution of French Magazines in Belgium* On 30 July 2012, the Competition Council (the Council) sanctioned the French company Presstalis (Presstalis) for having abused its dominant position between 2002 and 2004 through (...)

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 (...)

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). (...)

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 (...)

France : The Autorité de la concurrence issues opinion on draft decree regarding supply of medicinal products for human use* On 20 July 2012, the Autorité de la concurrence (the Autorité) published an opinion upon request of the French Minister of Social Affairs and Health on a draft Decree (...)

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, (...)

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 (...)

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 (...)

Spain : The Comisión Nacional de la Competencia releases Report monitoring Automotive Fuel Distribution Market in Spain* Pursuant to its competition advocacy function, Spain’s antitrust authority, the Comisión Nacional de la Competencia (CNC), has released on 4 July 2012 a new Report (...)

Spain : The Comisión Nacional de la Competencia fines Sociedad General de Autores y Editores (SGAE) for Abuse of Dominant Position* In its Resolution of 3 July 2012, the Council of the Comisión Nacional de la Competencia (CNC) decided that SGAE (IP rights collecting society) had abused its (...)

Lithuania : The Competition Council approves Resolution on Activity Priority Setting* On 2 July 2012, the Competition Council approved, pursuant to the provisions of the Law on Competition, a ‘Resolution on the Competition Council’s Activity Priority Setting’ (the Resolution). Article (...)

The Netherlands : New Rules of Conduct for the State when carrying out Economic Activities* On 1 July 2012, new legislation came into force in the Netherlands outlining the rules of conduct for the State (national and local governments) when it engages in economic activities and competes (...)

United Kingdom : The Office of Fair Trading publishes Annual Report 2011-2012* On 28 June 2012, the Office of Fair Trading (OFT) published its Annual Report, including an estimate of the financial benefits of its activities to consumers. The report shows that last year the OFT achieved an (...)

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 (...)

Bulgaria : The Commission on Protection of Competition adopts Report on Sunflower Seeds and Sunflower Oil Sector Inquiry* On 22 June 2012, the Commission on Protection of Competition (CPC) adopted a decision establishing the findings of the sector inquiry into the market for production and (...)

Ireland : Competition (Amendment) Act 2012 signed into Law* The Competition (Amendment) Act, 2012 which contains a number of provisions aimed at strengthening the enforcement powers of the Competition Authority was signed into law on 20 June 2012. The new Act commenced on 3 July 2012. With (...)

Slovakia : Fifth Annual FTC-Eastern European Workshop on investigating Methods and Techniques* Investigation of anticompetitive agreements and abuses of dominant position were the topics of the Fifth Annual FTC - Eastern European Workshop held in Bratislava on 20 and 21 June 2012. (...)

Sweden : The Swedish Competition Authority initiates Inquiry into Swedish Banking and Financial Sector* On 20 June 2012, the Swedish Competition Authority initiated a sector inquiry by sending out a questionnaire to banks and fund management companies. Competition in the Swedish banking (...)

Italy : The Italian Competition Authority closes Case against Telecom Italia with Commitments* On 19 June 2012, the Italian Competition Authority (ICA) decided to accept the commitments offered by Telecom Italia S.p.A. (Telecom Italia) in an abuse of dominant position case in which Telecom (...)

The Netherlands : The Competition Authority initiates Study on Switching Costs in Financial Services Sector* On 15 June 2012, the Netherlands Competition Authority (NMa) initiated a study on switching costs in the financial services sector. The aim of the study is to identify switching costs (...)

Ireland : Irish Ports Study gets underway* The Competition Authority has begun a study of the Irish Ports sector. As an island, Ireland is heavily dependent on its ports for trade. Therefore it is crucial for the country’s economic revival that the gateways for Irish exports operate (...)

Spain : The Comisión Nacional de la Competencia fines Copyright Collecting Societies AGEDI and AIE* In its Resolution of 14 June 2012, the Comisión Nacional de la Competencia (CNC) Council declared that the Asociación de Gestión de Derechos Intelectuales (AGEDI) and Artistas, Intérpretes y (...)

Spain : The Comisión Nacional de la Competencia fines two Iron Wholesalers’ Associations* On 14 June 2012, the Comisión Nacional de la Competencia (CNC) Council adopted a resolution in which it established that the Extremadura Iron Wholesalers’ Association (AAHE) and the Union of Iron (...)

United Kingdom : Clive Maxwell appointed new OFT Chief Executive* On 14 June 2012, Business Secretary Vince Cable announced the appointment of Clive Maxwell as Chief Executive of the Office of Fair Trading (OFT). Mr Maxwell officially took on the role on 1 July. Mr Maxwell succeeds the (...)

Italy : Market Test of Commitments in alleged Abuse by ENI in Gas Transportation Case* On 12 June 2012, the Italian Competition Authority (ICA) published for market test the commitments proposed by Eni (Ente Nazionale Idrocarburi). In its commitments, Eni offered to auction off (...)

Bulgaria : The Commission on Protection of Competition holds Seminars for Business Community and Public Authorities* On 12 June 2012 the Commission on Protection of Competition (CPC) held a seminar with business representatives, lawyers and competition experts, organized jointly with (...)

Latvia : Government appoints new Chairwoman of the Competition Council* On 12 June 2012, the Cabinet of Ministers appointed Ms Skaidrīte Ābrama as Chairwoman of the Competition Council of Latvia. Ms Ābrama took up the position as of 26 June. Ms Ābrama has been previously employed by the (...)

United Kingdom : The Office of Fair Trading publishes Report on Markets in Remote Communities across the UK* On 8 June 2012, the Office of Fair Trading (OFT) published the findings of its consultation into markets in remote communities across the UK. Around half a million people live in (...)

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 (...)

Portugal : The Competition Authority hosts Delegation from China Anti-monopoly Bureau of MOFCOM* On 6 June 2012, the Portuguese Competition Authority hosted a delegation from the Antimonopoly Bureau of the Ministry of Commerce (MOFCOM AMB) of the People’s Republic of China. High-level (...)

Germany : The Bundeskartellamt sets up anonymous Whistleblowing System* On 1 June 2012, the Bundeskartellamt (BKartA) implemented a new anonymous whistleblowing system in an electronic format. The introduction of this whistleblowing system marks a further improvement in the BKartA’s cartel (...)

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 (...)

United Kingdom : The Office of Fair Trading provisionally decides to refer Private Motor Insurance Market to Competition Commission* On 31 May 2012, the Office of Fair Trading (OFT) provisionally decided to refer the private motor insurance market to the Competition Commission after it found (...)

Denmark : Discount Culture in Danish Grocery Market* On 31 May 2012, the Danish Competition and Consumer Authority (DCCA) published a report on the culture of discounts and advertising campaigns in the Danish grocery market. The report investigates the effect of unaddressed advertising (...)

Romania : Seminar on Fighting Cartels in Public Procurement Process* Further to the recommendation of the Report on the assessment of public procurement process in Romania (elaborated by Deloitte at the request of the European Commission - DG Regio), the Competition Council has organized on (...)

Spain : The CNC publishes Reports on proposed Amendments to Bylaws of several Professional Colleges* Following the publication in April 2012 of its Report on Professional Colleges after the transposition of the Services Directive (see ECN Brief 3/2012), the Comisión Nacional de la (...)

United Kingdom : The Office of Fair Trading calls for Greater Patient Choice and Competition in Dentistry Market* On 29 May 2012, the Office of Fair Trading (OFT) called for major changes to the £ 5 730 000 000 (€ 7 160 000 000) UK dentistry market after a market study found that it is not (...)

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 (...)

The Netherlands : The Competition Authority fines Silverskin Onions Cartel* On 25 May 2012, the Netherlands Competition Authority (NMa) imposed fines of more than € 9 000 000 on five growers and processors of silverskin onions for their participation in cartel agreements concerning the (...)

European Courts : Judgment in MasterCard Case upholds Commission’s Decision* In its judgment of 24 May 2012 in case T-111/08, the General Court (the Court) fully upheld the Commission’s decision prohibiting MasterCard’s multilateral interchange fees (MIFs) that apply to cross-border (...)

Romania : Seminar on Regional Cooperation in Telecommunication Sector from the Competition Perspective* The Competition Council has organized on 24 May 2012 a seminar on the Telecom sector with the participation of the heads of competition authorities of the Black Sea - Caspian Sea region (...)

Austria : The Federal Competition Authority starts Market Inquiry into Liquid Fuels Sector* On 23 May 2012 the Federal Competition Authority (FCA) announced it would conduct an inquiry into the liquid fuels market covering both upstream and downstream aspects. In the course of the last (...)

Belgium : Interim Measures in Warehouse Coffee Case in Port of Antwerp* On 22 May 2012, the President of the Competition Council of Belgium ordered Port Real Estate (PRE), a warehouse keeper storing inter alia coffee in Antwerp, to maintain a minimum volume of loading out of Robusta coffee (...)

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) (...)

Italy : The Competition Authority proposes Draft Notice on new Commitments Procedure* On 15 May 2012, the Italian Competition Authority (ICA) decided to launch a public consultation on a draft Notice on the new procedure under Article 14-ter of the Antitrust Law (Law 10 October 1990, n. (...)

Finland : The Competition Authority and Consumer Agency are to merge* The Ministry of Employment and the Economy has proposed to merge the Finnish Competition Authority and the Consumer Agency into one joint agency which will begin operations on 1 January 2013. The National Consumer Research (...)

Portugal : New Competition Act published* The new Portuguese Competition Act, Law 19/2012 was published on 8 May 2012. It replaces both the Competition Act of 2003 and the Leniency Act of 2006. Three main goals have been pursued with the legislative reform : (a) To increase legal certainty (...)

Sweden : The Competition Authority closes Investigation of alleged Abuse by Posten* On 3 May 2012, the Swedish Competition Authority (SCA) terminated its investigation of two rebate schemes applied by Posten Meddelande AB (Posten), which holds a dominant position on the Swedish postal (...)

Romania : The Competition Council publishes Statistics on Fines imposed* The Competition Council (CC) has published on its website statistics on the fines it imposed in the last 15 years. More than 65% of the fines imposed were upheld by the national courts. The highest aggregated amount of (...)

Romania : The Competition Council publishes its Annual Report 2011* The Annual Report 2011 was published in May 2012 on the Romanian Competition Council (RCC)’s website and it provides information on the activities of the RCC, which faced numerous challenges in 2011. The report shows that (...)

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. (...)

Sweden : The Government initiates Inquiry regarding certain Aspects of Competition Legislation* On 26 April 2012, the Swedish Government appointed Mr Severin Blomstrand (a judge at the Swedish Supreme Court) to carry out an inquiry into certain aspects of the Swedish legislation governing (...)

Spain : The Comisión Nacional de la Competencia publishes Report on Competition in professional Services Sector* On 26 April 2012, the Comisión Nacional de la Competencia (CNC) released a report analysing the state of competition in the professional services sector subsequent to the (...)

Romania : The Competition Council proposes Liberalization of Motor Vehicle Spare Parts Market* The Romanian Competition Council (RCC) has recently finalized its sector inquiry on spare parts for motor vehicles. The proposed scope of the investigation was to identify the market mechanisms (...)

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 (...)

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 (...)

ESA : The EFTA Court upholds EFTA Surveillance Authority Decision finding Abuse of Dominance by Norway Post* On 18 April 2012, the EFTA Court (the Court) upheld a decision of the EFTA Surveillance Authority (the Authority) of 14 July 2010 finding that Posten Norge AS (Norway Post) abused its (...)

Poland : PGNiG’s Commitments in Abuse of Dominance Case in Gas Sector* On 13 April 2012, UOKiK adopted a decision which renders the commitments offered by Polskie Górnictwo Naftowe i Gazownictwo (PGNiG) binding in the framework of proceedings relating to an alleged abuse of dominant position (...)

Spain : Roundtable on Liberalization and Competition in Airline and Airport Sectors* On 12 April 2012, the Comisión Nacional de Competencia (CNC) organized a roundtable entitled Liberalization and competition on the airline and airport sectors. This roundtable is part of the advocacy efforts (...)

France : The Autorité de la Concurrence publishes its provisional Findings in Automotive Aftermarkets Sector Inquiry and consults Stakeholders* On 11 April 2012, the Autorité made its initial findings public in order to allow all players to submit their comments, before issuing its final (...)

United Kingdom : The Office of Fair Trading (OFT) refers Private Healthcare Market to the Competition Commission* On 4 April 2012, the OFT referred the market for privately funded healthcare services in the UK to the Competition Commission for further investigation. This follows the OFT’s (...)

Germany : New Guidance on Substantive Merger Control * On 29 March 2012, the Bundeskartellamt (BKartA) published a new guidance paper in which the concept of how the BKartA looks at corporate mergers is described. This document replaces the formerly valid “Principles of Interpretation of (...)

Romania : Competition Council’s Opinion on proposed Amendments to Law on Taxi Services* The Competition Council (the Council) has considered the latest envisaged amendments to the Taxi Law no. 38/2003 regarding taxi transport and taxi rental services (Taxi Law), which are found to be (...)

United Kingdom : The Office of Fair Trading (OFT) launches Consultation on Competition Act Procedures Guidance* Following the UK Government’s announcement on the future of the competition regime (see this issue of ECN Brief), the OFT is consulting on its investigation procedures in (...)

Greece : The Competition Commission accepts Commitments in Digital Satellite Pay-TV Case* On 26 March 2012, the Grand Chamber of the Hellenic Competition Commission (HCC) decided, by a majority vote, to accept the commitments proposed by Forthnet S.A (Forthnet) and its subsidiary, (...)

The Netherlands : The Netherlands Competition Authority (NMa) revises Fines on Flour Producers* On 22 December 2010, the NMa imposed fines totalling € 81 600 000 on flour producers in the Netherlands, Belgium and Germany for cartel activities. Fifteen firms in different group compositions (...)

On 22 March 2012, the Parliament of the Republic of Lithuania adopted a new version of the Law on Competition which entered into force on 1 May 2012. The new version is a consolidated version of the Law on Competition of 1999 which incorporates all previously made amendments and new (...)

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 (...)

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 (...)

United Kingdom : Competition Regime Reforms announced* On 15 March 2012, the UK Government announced the outcome of its consultation on the future of the competition regime. Following the consultation, the Government is proposing to create a new Competition and Markets Authority (CMA) that (...)

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 (...)

Spain : The Comisión Nacional de la Competencia (CNC) publishes Report on Bill to create National Markets and Competition Commission* In its meeting on 15 March 2012, the CNC Council adopted its Report on the Bill to Create the National Markets and Competition Commission (CNMC). The CNC (...)

The Netherlands : Annual Report 2011 published* For the first time ever, the Netherlands Competition Authority (NMa) has released its Annual Report in an online format (in Dutch). The 2011 Annual Report features a selection of the NMa’s most important news and facts about 2011. The 2011 (...)

France : The Autorité de la concurrence fines French and German Millers for several anticompetitive Practices foreclosing French Packaged Flour Market* On 13 March 2012, the Autorité de la concurrence (the Autorité) established the existence of a cartel between French and German millers (...)

Bulgaria : The Commission on Protection of Competition (CPC) proposes Amendments to regulatory Framework for Veterinarians * On 13 March 2012, the CPC adopted an opinion on the regulations in force and the system of self-regulation in the field of veterinarians. The CPC took into account the (...)

The Netherlands : Market Study on Estate Agents finalised* On 8 March 2012, the Netherlands Competition Authority (NMa) published its final report on competition among estate agents who provide home buying and selling services. The study examines the current competitive situation as well as (...)

France : The Autorité de la concurrence fines Endives Growers (Producers) for maintaining Minimum Prices for 14 Years * On 6 March 2012, the Autorité de la concurrence (the Autorité) established that 10 producer organizations (POs) and seven representative organizations had set up a general (...)

Austria : Cartel Court imposes Fines on Breweries* On 5 March 2012, the Cartel Court granted the Federal Competition Authority’s (FCA) application for the imposition of fines against three breweries for refusal to supply. The Cartel Court established that the refusal to supply cash and (...)

Spain : The Comisión de la Competencia (CNC) fines EGEDA for fixing abusive Fees* On 2 March 2012, the CNC Council concluded that the decision of Entidad de Gestión de Derechos de los Productores Audiovisuales (EGEDA) to charge general monthly fees for the public broadcasting of audio-visual (...)

Hungary : Two new Sections at the Hungarian Competition Authority* Since 1 March 2012, two new sections, the Merger Section and the Antitrust Section, have been fully operational within the Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority). These sections replace the Financial (...)

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 (...)

Austria : Proposal for Amendment of Competition Law* On 29 February 2012, the public consultation on the proposal for amendments to the Austrian competition law regime was concluded : the evaluation of the comments is on-going. Following this process a revised proposal will be referred to (...)

Sweden : The Stockholm City Court imposes Fines on Bus Company Cartel in Package Tour Sector* On 24 February 2012, the Stockholm City Court (the City Court) imposed fines amounting to SEK 11 390 000 (approximately € 1 300 000) on two bus companies - Ölvemarks and Scandorama - for infringing (...)

Italy : The Italian Competition Authority fines Maritime Agents’ Cartel* On 22 February 2012, the ICA concluded an investigation triggered by a leniency application concerning a cartel in the market for maritime agency services provided in the port of Genoa. Fines totalling more than € 4 000 (...)

Greece : The Competition Commission imposes Fine for Infringements of Articles 1 and 2 of Law 703/1977 as well as of Articles 101 and 102 TFEU in Salty Snacks Market * In its Decision No. 520/IV/2011 (published on 14 February 2012), the Grand Chamber of the Hellenic Competition Commission (...)

The Netherlands : The Netherlands Competition Authority (NMa) issues new Prioritization Guidelines* The NMa has adopted and issued on 14 February 2012 its new Prioritization Guidelines for tip-offs and complaints. These new guidelines will apply from that day on. The NMa receives many (...)

Slovenia : The Competition Protection Office fines Abuse of Dominant Position in Mobile Telecommunications Market * On 13 February 2012, the Competition Protection Office of the Republic of Slovenia (CPO) issued a decision finding that Telekom Slovenije d.d. (previously Mobitel d.d., a (...)

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 (...)

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 (...)

Portugal : The Constitutional Court confirms Position of Portuguese Competition Authority regarding Oral Hearings* On 8 February 2012, the Constitutional Court issued a ruling whereby it concluded that it is not unconstitutional to interpret article 26(2) of the Portuguese Competition Act in (...)

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 (...)

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 (...)

France : The French Supreme Court confirms the Autorité’s Interpretation of the Effect on Trade Concept* On 9 December 2009, the Autorité de la concurrence (the Autorité) fined France Télécom and its local subsidiary, Orange Caraïbes, for a series of exclusionary practices in the overseas (...)

Slovakia : The Supreme Court upholds Decision of the Antimonopoly Office imposing Fine in Railway Cargo Case* In January 2012, the Supreme Court of the Slovak Republic (Supreme Court) confirmed the decision of the Antimonopoly Office of the Slovak Republic (the AMO) imposing a fine on ZS (...)

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 (...)

Germany : Leniency Programme strengthened by Final Decision regarding Access to File* On 30 January 2012, the Local Court of Bonn decided in the “Pfleiderer Case” dealing with access to file for damages claimants and in particular access to leniency applications of cartel participants. The (...)

Lithuania : New Methodology for Setting the Amount of Fines adopted* On 18 January 2012, the Government of the Republic of Lithuania adopted a resolution establishing a new methodology for setting the amount of fines imposed for the violation of the Law on Competition and EU antitrust rules. (...)

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 (...)

Italy : The Competition Authority fines anti-competitive Practices aimed at delaying Market Entry for generic Medicines* On 11 January 2012, the Italian Competition Authority (ICA) sanctioned the multinational pharmaceutical group Pfizer (Pfizer) for a violation of Article 102 TFEU and (...)

Portugal : The Lisbon Court of Appeal makes Reference for Preliminary Ruling to ECJ in Liberal Professions Case (case C-1/12)* A preliminary ruling is pending following a reference made by the Lisbon Court of Appeal (the Court) to the Court of Justice of the European Union (ECJ) in the (...)

Slovakia : Amendment to Act on Protection of Competition relating to Merger Control* On 1 January 2012, an amended Act on the Protection of Competition (the Act) will enter into force : The main changes concern merger control. After ratification of the draft amendment by the Slovak (...)

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). (...)

Austria : The Supreme Court clarifies FCA’s Powers of Inspection* On 30 December 2011, the Supreme Court acting as Supreme Cartel Court rejected several appeals against search warrants granted to the Federal Competition Authority (FCA) by the Cartel Court, taking the opportunity to give some (...)

The Netherlands : The Nederlandse Mededingingsautoriteit imposes Fines of € 18 000 000 on Industrial-Laundry Cartel and declares Commitments by the Dutch Federation for the Textile Care Industry legally binding* On 8 December 2010, the Nederlandse Mededinginsautoriteit (NMa) imposed fines, (...)

Slovak Republic : Detergent Cartel fined* On 22 December 2011, the Antimonopoly Office of the Slovak Republic (the Antimonopoly Office) fined laundry detergent producers for participating in a cartel which infringed national competition law as well as Article 101 TFEU. Since the second (...)

Italy : New Powers for Competition Authority in the Field of Competition Law and Consumer Protection* Following the Italian Competition Authority’s (ICA) report of 5 January 2012 regarding pro-competitive measures to increase the competitiveness of the main sectors of the Italian economy, (...)

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 (...)

Romania : The Competition Council imposes Fines on six Oil Companies totalling € 200 000 000* On 21 December 2011, the Competition Council imposed fines on the oil companies SC OMV Petrom SA, SC OMV Petrom Marketing SRL, SC Lukoil România SRL, SC Rompetrol Downstream SRL, SC Mol Petroleum (...)

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 (...)

Belgium : New fining Guidelines enter into Force* On 19 December 2011 the Competition Council (the Council) adopted its new fining guidelines. They entered into force on 18 January 2012, which was the date of their publication in the Official Gazette. The guidelines build on the practice (...)

Italy : Poste Italiane abuses Dominant Position* On 14 December 2011, the Italian Competition Authority (ICA) sanctioned the national incumbent in the postal services, Poste Italiane, for a violation of Article 102 TFEU on the Italian bulk mail market, as well as on two Italian newly (...)

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 (...)

ESA : The EFTA Surveillance Authority fines Ferry Company Color Line € 18 800 000 for infringing EEA Competition Rules* In February 2012, the decision of the EFTA Surveillance Authority (the Authority) of 14 December 2011, fining the Norwegian ferry company Color Line for an infringement of (...)

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 (...)

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 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). (...)

Austria : The Supreme Cartel Court asks European Court of Justice for Ruling in Freight Forwarding Cartel Case* On 5 December 2011, the Austrian Supreme Court acting as Supreme Cartel Court (Supreme Cartel Court) decided to stay proceedings in the Federal Competition Authority’s (FCA) appeal (...)

Hungary : New Notice on Setting of Fines in Antitrust Cases* Following the public consultation held between 15 November and 5 December 2011, the GVH has recently adopted and published its new antitrust fine notice (the new notice) on its website. The new notice entered into force on 1 (...)

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 (...)

Sweden : The Stockholm City Court orders Telia Sonera to pay a Fine of approximately € 15 000 000 for infringing Article 102 TFEU* On 2 December 2011, the Stockholm City Court (the City Court) ordered Telia Sonera Sverige AB (Telia Sonera) to pay an administrative fine amounting to SEK 144 (...)

European Commission publishes Brochure on Compliance with EU Competition Rules* On 24 November 2011, the Commission published a brochure on compliance with EU competition rules. The brochure entitled “Compliance matters” encourages companies to comply with EU competition rules. It summarises (...)

Austria : The Federal Competition Authority publishes Revised Manual on Leniency* On 24 November 2011, the Federal Competition Authority (FCA) published a revised manual on the conduct of proceedings before the FCA concerning Section 11 of the Austrian Competition Act which provides the (...)

Greece : New Leniency Programme* On 23 November 2011, the new Greek Leniency Programme was published in the Official Journal of the Hellenic Republic. The new programme which is effective from the date of its publication was adopted by a Decision of the Board of the Hellenic Competition (...)

Germany : The Bundeskartellamt imposes Fines of € 24 000 000 for Price Agreements on Dishwasher Detergents* On 23 November 2011, the Bundeskartellamt (BKartA) imposed fines amounting to approximately € 24 000 000 on Reckitt Benckiser Deutschland GmbH) (Reckitt Benckiser) in the framework of (...)

Poland : UOKiK breaks Cartel of Mobile Operators* In December 2011, the decision of the Office of Competition and Consumer Protection (UOKiK) of 23 November in which it found that Poland’s biggest mobile telephony operators – Polkomtel, Polska Telefonia Cyfrowa, PTK Centertel and P4 – (...)

Lithuania : Competition Council accepts Commitments by Viasat World Limited and Viasat AS in Distribution of TV Channels* On 22 November 2011, the Competition Council (CC) closed an investigation into a possible abuse of dominance by Viasat World Limited and Viasat AS (representative of (...)

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, (...)

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, (...)

Greece : Competition Commission issues Opinion concerning Distribution of Infant Milk* On 11 November 2011, the Hellenic Competition Commission (HCC) issued an opinion concerning the distribution of infant milk. In particular the HCC proposes the abrogation of paragraph 2 of Article 2 of (...)

EU Competition Authorities : EU National Competition Authorities agree Best Practices on Cooperation in Merger Review* On 9 November 2011, the Heads of European national competition authorities (NCAs) and the European Commission agreed a set of best practices which aim to foster cooperation (...)

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 (...)

Romania : The Competition Council imposes Fines on Pharmaceutical Companies Baxter, Belupo and their Distributors* On 28 October 2011, the Competition Council sanctioned Baxter AG (Switzerland), Belupo (Croatia) and their distributors with fines amounting to € 1 800 000 for the conclusion of (...)

Cyprus : Leniency Programme to enter into Force* On 27 October 2011, the Regulations on Granting Immunity and/or Reducing administrative fines in cases of infringements of section 3 of Law 13(I)/2008 and/or Article 101 TFEU (Leniency Programme), were approved by the House of Representatives. (...)

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 (...)

Spain : National Competition Commission (CNC) fines Hauliers from Port of Bilbao* The CNC Council has adopted on 26 October 2011 a resolution to impose fines totalling more than € 7 000 000 on the Vizcaya Union of Autonomous Hauliers (Sindicato de Transportistas Autónomos de Bizkaia - (...)

United Kingdom : Office of Fair Trading (OFT) consults on update Penalty and Leniency Guidance* On 26 October 2011, the OFT published two revised guidance documents, setting out proposals to update its approach to financial penalties and to awarding leniency in competition cases. The OFT (...)

The Netherlands : The Nederlandse Mededingingsautoriteit reaches Final Decision in Mobile Operators Case* At the beginning of January 2012, following a lengthy court procedure, the Nederlandse Mededingingsautoriteit (NMa) published its decision of 26 October 2011, in which it confirmed that (...)

Luxembourg : In-depth Reform of Competition Law* The new law on Competition of 23 October 2011 significantly modifies the institutional framework on competition law. As a consequence, the Competition Inspectorate, a service of the Ministry of the Economy and Foreign Trade, which is (...)

Romania : Authority adopts Report on Competition in essential Sectors of Economy* On 21 October 2011, the Competition Council (RCC) published the third edition of its Report on the Romanian competitive environment, which is focused on the state of competition in the key economic sectors : (...)

European Commission reforms Antitrust Procedures and expands Role of Hearing Officer* On 17 October 2011, the European Commission adopted a package of measures aimed at increasing interaction with parties in antitrust proceedings and strengthening the mechanisms for safeguarding parties’ (...)

Germany : Fines imposed on Cartel in Instant Capuccino Market* On 18 October 2011, the Bundeskartellamt (BKartA) imposed fines totalling approximately € 9 000 000 on Kraft Foods Deutschland GmbH and Krüger GmbH & Co. Kommanditgesellschaft, two manufacturers of coffee products, for their (...)

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 (...)

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 (...)

Poland : UOKiK’s Report on Pay Television* The current situation on the market for pay TV services in Poland has been the object of a thorough analysis by the Office of Competition and Consumer Protection (UOKiK). The outcome of this analysis has been presented in a report in August this (...)

Portugal : Recommendation for the better Functioning of the System of Management and Recycling of used Oils* On 7 October 2011, the Portuguese Competition Authority (PCA) issued the Recommendation No. 3/2011 (the Recommendation) aimed at promoting the better functioning of the system of (...)

United Kingdom : Competition Commission makes Proposals to open up Bus Markets to greater Competition* On 6 October 2011, the UK Competition Commission (the CC) published proposals to open up bus markets across the country to greater competition. This is the latest stage in the CC’s (...)

Germany : Experts engage in Working Group Discussion about Fuel Prices* About 100 competition experts met on 6 October 2011 at the invitation of the Bundeskartellamt’s (BKartA) for the Annual Conference of the Working Group on Competition Law. The participants discussed competition problems (...)

Lithuania : Competition Council estimates Benefits of its Activity for Consumers* During a press conference held on 6 October 2011, the Competition Council (CC) has for the first time presented an assessment of the impact of its activities on consumers. The main purpose of this assessment (...)

Finland : Competition Authority closes Case concerning Freight Transport Services* On 3 October 2011, the Finnish Competition Authority (FCA) closed proceedings regarding a complaint submitted by Russian shipping company St. Peter Line Ltd (St. Peter Line) against an alleged abuse of (...)

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 (...)

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 (...)

Lithuania : Extension of Scope of Presumption of Dominant Position in Competition Law* On 29 September 2011, Article 3(11) of the Law on Competition of the Republic of Lithuania which sets out the definition of the dominant position was modified. The amendment came into force on 1 November (...)

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 (...)

United Kingdom : Change needed to encourage Competition in Organic Waste Treatment* On 22 September 2011, following a market study, the OFT issued recommendations designed to encourage increased competition and greater efficiency in the treatment of organic waste. In its market study into (...)

Germany : Multi-Million Fines imposed on Manufacturers of Wood-based Products* On 20 September 2011, the Bundeskartellamt (BKartA) imposed fines totalling approximately € 42 000 000 on four manufacturers of chipboard, oriented strand boards and other wood-based products and on 10 individuals (...)

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 (...)

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 (...)

Spain : The CNC fines CORREOS for Breach of Commitments Agreement* In its Resolution of 23 August 2011, the National Competition Commission (CNC) Council found that it was established that the Sociedad Estatal Correos y Telégrafos, S.A. (Correos) had breached the Commitments Agreement (...)

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 (...)

The Netherlands : The Supreme Court decides Antitrust Fines are not tax-deductible* On 12 August 2011, the Hoge Raad, the Dutch Supreme Court in civil and commercial matters, ended a long controversy between the Dutch tax authorities and the Dutch subsidiary of the German firm involved in (...)

Germany : The Bundeskartellamt imposes multi-million Fines for hard-core Cartel in the Concrete Pipe Sector* On 10 August 2011, the Bundeskartellamt (BKartA) imposed fines totalling € 11 860 000 on two manufacturers of concrete pipes and five individuals. The undertakings concerned are (...)

Austria : The BWB files Application for Fines in Textile-Cleaning Sector Investigation* On 9 August 2011, the Federal Competition Authority (BWB) filed an application under Article 101 TFEU and Sec 1 of the Cartel Act 2005 for the imposition of fines against two undertakings which are active (...)

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 (...)

Bulgaria : The Competition Authority initiates Ex Officio Investigation into Aviation Fuel Market* On 4 August 2011, the Commission on Protection of Competition (CPC) opened an ex officio investigation pursuant to Article 21 of the Law on Protection of Competition and Article 102 TFEU (...)

United Kingdom : OFT to decide whether to refer Audit Market to Competition Commission* On 29 July 2011, the OFT opened a consultation on its provisional decision to refer the market for statutory audit services to large companies in the UK to the Competition Commission for a market (...)

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 (...)

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 (...)

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 (...)

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 (...)

Germany : The Bundeskartellamt releases new Draft Guidance on substantive Merger Control* On 21 July 2011, the Bundeskartellamt (BKartA) published its “Draft Guidance on Substantive Merger Control” for public consultation. The document is intended to provide guidance to companies and (...)

Romania : The Competition Council gains new Competences* The competition legislative framework of Romania was recently amended according to the Law n° 149/2011 : the modifications entered into force on 14 July 2011. In the light of the new provisions, the Romanian Competition Council (RCC) (...)

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 (...)

France : The Autorité de la concurrence publishes its 2010 Annual Report* On 4 July 2011, the Autorité de la concurrence (the Autorité) made public its annual report that presents all its enforcement activity, results and achievements for the year 2010. In particular, the annual report (...)

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 (...)

France : The Autorité de la concurrence launches Sector Inquiry into automotive Aftermarkets* On 4 July 2011, the Autorité de la concurrence (the Autorité) launched an ex officio sector inquiry regarding car services aftermarkets, after spotting a significant increase in the price of those (...)

France : The Autorité de la concurrence launches Sector Inquiry into E-Commerce* On 1 July 2011, the Autorité de la concurrence (the Autorité) decided on its own motion to launch a sector inquiry into e-commerce. It aims at analyzing the operation of competition in this sector and at making (...)

France : The Paris Appeal Court upholds Fines imposed by the French Competition Authority in Telecommunications Case* On 30 June 2011, the Paris Court of Appeal upheld the fine that had been imposed by the French Competition Authority in the mobile telephony sector. This ruling follows a (...)

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 (...)

Spain : The Comisión Nacional de la Competencia (CNC) adopts Report on Royal Decree on Access to Legal Profession* On 29 June 2011, the CNC published its report on the Royal Decree 775/2011 of 3 June 2011 (Royal Decree) developing the principles set out in Act 34/2006 of 30 October 2006 (...)

France : The Autorité de la concurrence welcomes social Tariff for broadband Internet Access* Pursuant to a request of the French Minister of Economy, the French Competition Authority, Autorité de la concurrence (the Autorité), issued on 29 June 2011 an opinion on a bill on the (...)

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 (...)

United Kingdom : The Office of Fair Trading (OFT) publishes new Competition Law Compliance Materials* On 27 June 2011, the OFT launched new guidance to help businesses comply with competition law. This coincides with the publication of the results of research showing business awareness of (...)

Spain : The CNC fines Undertakings involved in the Fluid Pumps Cartel* In its Resolution of 24 June 2011, the CNC Council decided that it was established that several undertakings active in the fluid pumps sector and the Spanish Association of Fluid Pump Manufacturers (AEFBF) had (...)

European Commission fines Telekomunikacja Polska S.A. € 127 000 000 for Abuse of Dominant Position* On 22 June 2011, the European Commission (the Commission) imposed on telecoms operator Telekomunikacja Polska S.A. (TP) a fine of € 127 000 000 for abusing its dominant position in the Polish (...)

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” (...)

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 (...)

The Netherlands : The Court of Rotterdam decides former Employees Cannot invoke the Right to remain silent* On 9 June 2011, the Court of Rotterdam (the Court) ruled that the appeals lodged by the former employees of two undertakings against the decisions of the Netherlands Competition (...)

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 (...)

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 (...)

Austria : Current Investigations and Proceedings in Food Sector* The Austrian Federal Competition Authority (FCA) is currently dealing with two major cases regarding alleged infringements of Article 101 TFEU in the food sector. The first case concerns the beer market. The investigation was (...)

Denmark : Analysis of Danish Grocery Market* In June 2011, the Danish Competition and Consumer Authority (DCCA) completed a competition analysis of the Danish Grocery market. The objective of this exercise was to study the competition among the retailers and the suppliers in the Danish (...)

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 (...)

Germany : Results of Sector Inquiry into the Fuel Sector* On 26 May 2011, the Bundeskartellamt (BKartA) presented the final results of its inquiry into the fuel sector. The BKartA started the sector inquiry in May 2008 since it suspected competition problems in this sector. Previously, the (...)

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 (...)

Malta : The Office for Competition becomes part of a wider Authority and significant Changes are made to the Competition Act* On 23 May 2011, the Malta Competition and Consumer Affairs Authority Act 2011 (the Act) entered into force. The Act provides for the establishment of the Malta (...)

Finland : Public Consultation on Guidelines complementing the new Competition Act* On 11 March 2011, the Finnish Parliament approved the new Finnish Competition Act. The Act is expected to enter into force in 2011. The main amendments concern merger control enforcement, procedural rules and (...)

Hungary : Sectoral Inquiry on the Building Society Market* On 19 July 2010, the Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) launched a sectoral inquiry into the building society (“Bausparkasse”) market (See ECN Brief 04/2010, http:// (...)

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) (...)

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) (...)

United Kingdom : The Office of Fair Trading (OFT) announces next Steps in Audit Market* The OFT has been concerned for some time that the market for external audit services to large firms in the UK is highly concentrated, with substantial barriers to entry and switching. On 17 May 2011, (...)

"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 (...)

Sweden : More Competition needed in Organization of Motor Racing Events* ”Holders of a racing or steward licence from the Swedish Automobile Sports Federation should be able to compete or be a steward in races organized by clubs that are not affiliated to the Federation. It is therefore (...)

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 (...)

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 (...)

Bulgaria : The Commission for the Protection of Competition (CPC) welcomes pro-competitive Amendments to Telecommunications Legislation* On 12 May 2011, the Commission on Protection of Competition (CPC) adopted an opinion on draft amendments to the Law on Electronic Communications (LEC). (...)

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 (...)

Germany : Bundeskartellamt (BKartA) enters final Phase of its Inquiry into Milk Sector* Having adopted an interim report in 2009 and concluded several merger and antitrust cases in the milk sector the BKartA intends to conclude its sector inquiry by the first quarter of 2012. The final (...)

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 (...)

Spain : The National Competition Commission (CNC) fines Organisations of Mussel Producers in Galicia* On 29 April 2011, the CNC adopted a Resolution finding that several mussel producers organisations in Galicia are responsible for an infringement of Article 1 of the Spanish Competition Act (...)

Portugal : The Lisbon Commercial Court partially upholds PCA’s Decision regarding the Professional Association of Chartered Accountants (OTOC)* In its judgment of 29 April 2011, the Lisbon Commercial Court (the Court) has partially upheld the decision issued by the Portuguese Competition (...)

Sweden : Final Report on Food and Market : Large Undertakings dominate the Food Market* The Swedish Competition Authority has on the assignment of the Government examined competition and other market conditions in the food supply chain. The results of the assignment are provided in two (...)

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 (...)

Greece : New Greek Competition Act enters into force* The new law (Law 3959/20.4.2011) (the new Act) which was adopted on 15 April and entered into force on 20 April 2011, aims at increasing the effectiveness of the Hellenic Competition Commission (HCC - the Authority), while further (...)

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 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 (...)

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. (...)

United Kingdom : The Office of Fair Trading (OFT) Issues Decision in Reckitt Benckiser Case* On 13 April 2011, the Office of Fair Trading (OFT) issued a decision which found that Reckitt Benckiser abused its dominant position by withdrawing National Health Service packs of its Gaviscon (...)

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 (...)

Luxembourg : The Competition Council publishes its 2010 Annual Report* The Luxembourg Competition Council has published its annual report for the year 2010. As in previous years, this report outlines in the first part the main developments concerning the legal framework and the human (...)

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 (...)

Finland : Competition Authority (FCA) opens Inquiry into Food & Retail Sector* The FCA opened an inquiry into the grocery sector in April 2011, the main purpose of which is to investigate how the buying power of the retail sector affects competition in the food industry. The Finnish (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

Finland : New Competition Act approved by the Parliament* On 11 March 2011, the Finnish Parliament approved the new Finnish Competition Act. The Act will enter into force in autumn 2011. The main amendments are the following. One of the major changes brought by the new law relates to the (...)

Bulgaria : The Competition Authority adopts New Leniency Programme On 8 March 2011, the Commission on Protection of Competition (CPC) adopted a new Leniency Programme, which ensures greater transparency of the CPC’s policy for granting immunity or a reduction of fines for an undertaking having (...)

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 (...)

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 (...)

United Kingdom : The Office of Fair Trading (OFT) publishes new Competition Act Procedures Guidance The OFT has published its final guidance setting out the procedures it follows in Competition Act investigations, from the opening of cases through to their final resolution. Following (...)

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 (...)

Hungary : Renewed Consumer Inquiries’ Service at the Competition Authority (GVH)* From 1 March 2011, the Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) has renewed its Consumer Inquiries Service. Since thousands of consumer inquiries have been submitted to the GVH in the (...)

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 (...)

United Kingdom : The Office of Fair Trading (OFT) issues Statement of Objections alleging Abuse of Dominance by Bunker Fuel Firm* On 25 February 2011, the OFT issued a Statement of Objections alleging that CH Jones abused its dominant position in the market for the provision of bunker fuel (...)

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 (...)

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 (...)

Bulgaria : The Competition Authority proposes Amendments to Regulation on Wholesale Trade in Medicines* On 17 February 2011, the Commission on Protection of Competition (CPC) proposed amendments to the Regulation obliging producers/importers of medicines to designate which wholesalers will (...)

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, (...)

* 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 (...)

Ireland : The Competition Authority wins Beef Industry Case* On 26 January 2011, the Competition Authority has won court proceedings in which it challenged the compatibility with EU and Irish competition provisions of an agreement between competitors to reduce capacity in the Irish beef (...)

* 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 (...)

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 (...)

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 (...)

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 (...)

* 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 (...)

* 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 (...)

* 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 (...)

Italy : The Italian Competition Authority (ICA) accepts Commitments and closes Investigations into Sicilian Power Prices* On 10 January 2011, the ICA decided to close two different investigations into the major electricity companies operating in Sicily. The investigations concerned the (...)

* 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 (...)

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 (...)

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 (...)

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 (...)