April 2010

Anticompetitive practices

 The UK Competition Authority drops allegations in dairy cartel investigation (Tesco / Morrisons)
Morgan Lewis (London)
United Kingdom 26 contributions 13786 visits
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Jones Day (London)
Royaume-Uni 26 contributions 10113 visites
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London School of Economics
Royaume-Uni 3 contributions 1947 visites
On 30 April 2010, the Office of Fair Trading (« OFT ») announced it was dropping a number of allegations in its dairy cartel investigation. The OFT conceded there was insufficient evidence of antitrust infringement in the information exchanges it had been investigating since 2003. The OFT (...)

The EU Court of Justice rejects an appeal on interim measures by a company facing financial difficulties (Ziegler)
Court of First Instance of Namur
Belgium 224 contributions 39859 visits
On 30 April 2010 a judgment by the ECJ had dismissed an appeal against the GC’s refusal of an application for interim measures by Ziegler SA. The application for interim measures had been lodged by Ziegler together with its appeal against a European Commission’s decision of 11 March 2008, which (...)

The Portuguese Supreme Court dismisses claims for damages in the football broadcasting rights case on the basis of EU competition provisions (Vitória Sport Club / Federação Portuguesa de Futebol / Radiotelevisão Portuguesa)
Eduardo Paz Ferreira & Associados (Lisboa)
Portugal 17 contributions 9050 visites
In a case that goes back to a football game held in 1997, and in a rare example of private enforcement of competition law in Portugal, the claims for damages by a Portuguese football club, supported by the Portuguese Football Federation, were finally dismissed in the last instance. Vitoria (...)

The Finnish Competition Authority proposes € 4 M fine for resale price maintenance concerning design houseware products (Littala Group)
Van Bael & Bellis (Brussels)
Belgium 150 contributions 43949 visits
In a decision of 29 April 2010, the Finnish Competition Authority proposed to the Competition Court the imposition of a € 4 million fine on the Iittala Group (“Iittala”), a Finnish manufacturer of design houseware products, for engaging in resale price maintenance in breach of Finnish competition (...)

A US Court of Appeals holds that reverse payment agreements between a patentee and a generic pharma manufacturers that do not exceed the scope of the patent are not illegal under the federal antitrust laws and refuses to conduct post hoc determination of patent validity (Bayer)
McDonnell Boehnen Hulbert & Berghoff
1 contribution 172 visites
On April 29th, the U.S. Court of Appeals for the Second Circuit ruled that the "pay-for-delay" agreement between defendants Bayer AG and several generic drugmakers (including The Rugby Group, Watson Pharmaceuticals Inc., and Barr Laboratories Inc.) were not illegal under U.S. antitrust law and (...)

The Danish Maritime and Commercial Court finds royalty provision contrary to the Danish Competition Act (Pandora Production / Lise Aagaard Copenhagen)
DLA Piper (Copenhagen)
Danemark 41 contributions 72983 visites
On 29 April 2010 the Danish Maritime and Commercial Court found that a provision in a license agreement according to which the licensee is required to pay royalty on sales even when the licensor’s IPR is not used was contrary to Article 101 TFEU and the equivalent provision under Danish law and (...)

The Irish Supreme Court holds that medical council is not an association of undertakings for the purposes of competition law (Ramadan Hemat / Medical Council)
Arthur Cox (Dublin)
Irlande 8 contributions 5758 visites
Ramadan Hemat v the Medical Council[2010] IESC 24 concerns a Supreme Court appeal arising out of a decision of Mr Justice McKechnie in the High Court. The question before the appeal court was whether the Medical Council was an association of undertakings for the purposes of competition law at (...)

The Brussels Court of Appeal confirms that an exclusive sale agreement concluded for a one year period constitutes a breach of Art. 101 TFEU (Fiat Auto Belgio / Fortis Banque / T.C.I. Auto Service)
Strasbourg Bar School
France 1 contribution 979 visites
Introduction In its judgment of 28 April 2010, the Brussels Court of Appeal upheld a judgment of the Commercial Tribunal and confirmed that the exclusive sale agreement for Fiat vehicles concluded by TCI Auto Service (the dealer, “TCI”) and Fiat Auto Belgio (the manufacturer, “Fiat”) for a (...)

The UK Competition Authority issues first short-form opinion under new process (Makro-Self Service, Palmer & Harvey)
European Commission (Brussels)
Belgique 719 contributions 203207 visites
United Kingdom: The Office of Fair Trading (OFT) issues first Competition Advice under new Process On 27 April 2010, the OFT made use for the first time of its new ‘Short-form Opinion’ process by issuing advice to grocery wholesalers Makro-Self Service and Palmer & Harvey following a request (...)

The Polish Court of Appeals overrules judgment of the Court of Competition and Consumer Protection in the interchange fees case (Visa Europe)
European Commission (Brussels)
Belgique 719 contributions 203207 visites
Poland: The Court of Appeals overrules Judgment of the Court of Competition and Consumer Protection in the Interchange Fees Case In its decision of 22 April 2010, the Polish Court of Appeals shared the arguments advanced by the President of the Polish Office of Competition and Consumer (...)

The UK Competition Authority issues statement of objections against two airlines (Cathay Pacific Airways, Virgin Atlantic)
European Commission (Brussels)
Belgique 719 contributions 203207 visites
United Kingdom: The Office of Fair Trading (OFT) issues Statement of Objections against Cathay Pacific Airways and Virgin Atlantic On 22 April 2010, the Office of Fair Trading issued a Statement of Objections alleging that Cathay Pacific Airways and Virgin Atlantic infringed competition law (...)

The Japan Fair Trade Commission imposes surcharges on partipants in bidding for engineering works (City of Aomori)
Japan Fair Trade Commission (Tokyo)
Japon 114 contributions 18281 visites
Cease and Desist Orders and Surcharge Payment Orders against Participants in Bidding for Engineering Works ordered by the City of Aomori* The Japan Fair Trade Commission (JFTC), under the provisions of the Antimonopoly Act (AMA), has investigated participants in the bidding for engineering (...)

The Romanian Competition Authority fines €3.4 million an undertaking for providing inaccurate information during the course of an investigation on alleged anti-competitive agreement in the banking sector (Raiffeisen Bank / Société Générale)
Musat & Asociatii (Bucharest)
Roumanie 8 contributions 14352 visites
On April the 21st 2010 the Romanian Competition Council (the ‘Council’) issued a press release stating that it had fined Raiffeisen Bank SA (‘Raiffeisen’) for supplying inaccurate information during the course of an investigation, making it the second bank fined during the course of that (...)

The Australian Federal Court in Perth hands down its final orders in the long running Western Australian air conditioning cartel case
Australian Competition and Consumer Commission (Canberra)
Australia 202 contributions 26836 visits
WA air conditioning cartel prosecution finalised: $9 million penalties* The Federal Court in Perth handed down its final orders in the long running Western Australian air conditioning cartel case which had involved bid-rigging and price fixing on projects valued at over $100 million. Over the (...)

The EU Commission adopts new rules on vertical restraints
European Commission (Brussels)
Belgique 9 contributions 9154 visites
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Macchi di Cellere Gangemi (London)
Royaume-Uni 5 contributions 2560 visites
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Jones Day (Dusseldorf)
Allemagne 14 contributions 4204 visites
On April 20, 2010, the European Commission adopted a new Regulation (No 330/2010) listing the conditions under which vertical restraints are exempt from the prohibition on anti-competitive agreements (defined by Article 101(1) of the Treaty on the Functioning of the European Union, «TFEU», (...)

The EU Commission adopts new rules applicable to distribution agreements
Paul Hastings (Brussels)
Belgique 14 contributions 49996 visites
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DPDgroup (Paris)
France 5 contributions 4811 visites
Executive Summary: Earlier this year, the new EU Vertical Block Exemption Regulation (“New Block Exemption Regulation”) and the accompanying new Vertical Restraints Guidelines (“New Guidelines”) entered into force. Their scope of application covers all agreements between economic operators at (...)

The EU Commission publishes new rules for vertical agreements
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 47 contributions 20175 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 51 contributions 37732 visits
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Dentons (Brussels)
Belgium 17 contributions 8087 visits
On April 20, 2010, the European Commission (the Commission) adopted its new, long-awaited Vertical Block Exemption Regulation (the VBER) and accompanying guidelines applicable to distribution agreements in the EU. The VBER, which will enter into force on June 1, 2010, replaces Regulation (...)

The UK Competition Authority launches a criminal investigation in the agricultural sector in order to promote the Enterprise Act
Innovate Finance (London)
France 30 contributions 89400 visites
I. Legal background The UK criminalized competition law in 2002 by adopting the Enterprise Act, which came into force in June 2003. It set up a whole new framework to prosecute, on a criminal basis, the individuals responsible for the establishment and implementation of a hard-core cartel: the (...)

The EU Commission publishes rules regarding vertical agreements
Covington & Burling (Brussels)
Belgique 19 contributions 13573 visites
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Covington & Burling (Brussels)
Belgique 2 contributions 42 visites
On 20 April 2010, the European Commission published new rules governing so-called “vertical” agreements, such as distribution and supply agreements. The new rules are set out in the Vertical Restraints Block Exemption Regulation and the related Guidelines (see DG Competition’s website). They will (...)

The EU Commission adopts new block exemption regulation and new guidelines on vertical agreements
Brussels School of Competition (BSC)
Belgique 17 contributions 30942 visites
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DG COMP (Brussels)
Belgique 2 contributions 6990 visites
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DG JUST (Brussels)
Belgique 4 contributions 5452 visites
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"Vertical Agreements: New Competition Rules for the Next Decade"* I. Introduction On 20 April 2010 the Commission adopted a new Block Exemption Regulation applicable to vertical agreements (hereinafter ‘the Regulation’). At the same time it adopted the contents of accompanying Guidelines on (...)

The EU Commission adopts new vertical agreements block exemption regulation and vertical restraints guidelines
Van Bael & Bellis (Brussels)
Belgium 150 contributions 43949 visits
On 21 April 2010, the Commission adopted final versions of the new Vertical Agreements Block Exemption Regulation (“VABER”) and Vertical Restraints Guidelines (“Guidelines”). The new VABER will enter into force on 1 June 2010, and will expire at the end of May 2022. The new VABER provides for a (...)

The Austrian Supreme Court rules on the requirements for granting the Competition Authority a search warrant to enter the premises of an attorney suspected of possessing relevant document in a cartel case (Feuerwehrfahrzeuge II)
Salzburg University
Autriche 3 contributions 1889 visites
1. Background This case follows on from the proceedings 16 Ok 7/09 in which the Federal Cartel Authority (Bundeskarellamt) investigated four undertakings for participating in collusive practices pursuant to Art 101 TFEU by dividing up their market share. The four undertakings had consulted (...)

The President of the Polish Office for Competition and Consumer Protection holds that notaries ethics code contains provisions breaching competition law (Council of the Notary of Poland)
WKB Wiercinski Kwiecinski Baehr (Poznan)
Pologne 13 contributions 10419 visites
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WKB Wierciński Kwieciński Baehr (Warsaw)
Pologne 19 contributions 5905 visites
In the decision from April 19, 2010 the President of the Office for Competition and Consumer Protection (hereinafter the “OCCP President”) found that the Ethics Code of the Notary (hereinafter the “Code”) adopted by the Council of the Notary of Poland (hereinafter the “Council”) contains provisions (...)

The UK OFT finds that Tobacco manufacturers and retailers participated in agreements and/or concerted practices whereby the manufacturers set the retailers’ retail prices for its tobacco products which restricted the retailers’ ability to determine their retail price of competing tobacco products (ITL / Gallaher / Asda / the Co-op / First Quench / Morrisons / T&S / Safeway / Sainsbury / Shell / Somerfield / TM Retail)
Addleshaw Goddard (London)
Royaume-Uni 6 contributions 6456 visites
Description of the impugned case The OFT’s Chapter I investigation was initiated in March 2003 following receipt of information from Sainsbury under the OFT’s leniency policy, which, along with information obtained during a previous Chapter II investigation into ITL, gave the OFT reasonable (...)

The UK Office of Fair Trading heavily fines price-fixing practices from supermarkets and tobacco firms in a decision which may be its largest ever combined fine (Imperial Tobacco, Gallaher and retailers)
Sonam Mathur (New Delhi)
9 contributions 6874 visites
The Office of Fair Trading (“OFT”) has recently fined two tobacco companies, namely Imperial Tobacco and Gallaher (now part of Japan Tobacco International), and ten retailers in UK for collusion while determining tobacco retail prices. The actual infringement took place between 2001 and 2003 for (...)

The French Competition Authority validates a franchise network in the car wash sector (Hypromat France)
Van Bael & Bellis (Brussels)
Belgium 150 contributions 43949 visits
On 15 April 2010, the French Competition Authority dismissed a complaint lodged by several franchisees and former franchisees (the “complainants”) against their franchisor, Hypromat France SAS (“Hypromat”), concerning alleged infringements of Articles 101 and 102 TFEU (ex-Articles 81 and 82 EC) and (...)

The French Competition Authority sanctions container-handling companies for restrictive agreements (Perrigault, TPO)
European Commission (Brussels)
Belgique 719 contributions 203207 visites
France: The Autorité de la concurrence sanctions four Container-Handling Companies for Restrictive Agreements in Le Havre Harbour On 15 April 2010, the French Competition Authority sanctioned with a € 625,000 fine four container handling companies active in the Le Havre harbour (north of (...)

The Spanish Competition Authority limits the duration of contracts concluded between broadcasters and football clubs for the acquisition and resale of football broadcasting rights for Spanish League and Cup matches, as well as a pooling agreement between broadcasters, to three years (AVS / Mediapro / Sogecable / Clubs de Fútbol de 1 y 2 División)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 8 contributions 15335 visites
On April 14, 2010, the Council of the Spanish Competition Commission (the “CNC”) adopted a decision in a case against several broadcasters operating in the markets for the acquisition and resale of football broadcasting rights for Spanish League and Cup matches, and football clubs of the 1st and (...)

The Australian Federal Court in Melbourne orders four foreign based suppliers of marine hose to pay penalties exceeding $8.24 million for engaging in cartel conduct (Marine hose)
Australian Competition and Consumer Commission (Canberra)
Australia 202 contributions 26836 visits
The Federal Court in Melbourne has ordered four foreign based suppliers of marine hose to pay penalties exceeding $8.24 million for engaging in cartel conduct. In June 2009, the Australian Competition and Consumer Commission instituted court proceedings alleging that Dunlop Oil & Marine, (...)

The Austrian Cartel Court imposes fines on printing chemical wholesalers (Donau Chemie / DC Druck-Chemie / Brenntag / Ashland)
European Commission (Brussels)
Belgique 719 contributions 203207 visites
Austria: Fines imposed on Printing Chemical Wholesalers On 14 April 2010, the Austrian Cartel Court imposed fines totalling € 1,500,000 on the Donau Chemie, DC Druck-Chemie, Brenntag and the Ashland groups for having infringed Article 101 TFEU. All of the addressees of the Cartel Court’s (...)

The Spanish Competition Authority issues a resolution holding that exclusivity agreements for the sale of broadcasting rights for national football championship exceeding three seasons are anticompetitive (Sogecable / AVS)
Garrigues (Brussels)
Belgium 17 contributions 7893 visits
Sale of Football TV Rights: One size fits all?* The Spanish NCA adopted last week its long-awaited decision with regards to the sale of television rights for the national football championship. The essence of its decision is simple: agreements concluded between football clubs and television (...)

The Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on participants in bidding for sewer pipe constructions (City of Kawasaki)
Japan Fair Trade Commission (Tokyo)
Japon 114 contributions 18281 visites
Cease and Desist Order and Surcharge Payment Order against Participants in Bidding for Sewer Pipe Constructions ordered by the City of Kawasaki* The Japan Fair Trade Commission (JFTC), under the provisions of the Antimonopoly Act (AMA), has investigated participants in the bidding for sewer (...)

The Dutch Trade and Industry Appeal Tribunal grants a 10% fine reduction for its delay in dealing with the appeal in construction bid rigging case
Simmons & Simmons (Amsterdam)
Pays-Bas 4 contributions 386 visites
On 14 June 2004, the Dutch competition authority (the NMa) imposed fines on 12 roofing companies for infringing article 6 of the Dutch Competition Act, the equivalent of article 101 of the Treaty on the Functioning of the European Union, which prohibits anti competitive agreements. The NMa (...)

The Croatian Competition Authority identifies restrictive provisions of the selective distribution agreements for motor vehicles and repair services that cannot be exempted under the relevant block exemption regulation (Hyundai auto Zagreb)
University of Macau - Faculty of Law
Chine 280 contributions 214407 visites
On 8 April 2010 the Croatian Competition Authority (AZTN) identified a number of anticompetitive provisions in the selective distribution agreements concluded by exclusive supplier of Hyundai automobiles in Croatia - Hyundai auto Zagreb d.o.o. (HAZ) - that could not be exempted under the BER in (...)

The French Supreme Court penalizes again exchanges of information on overall sales volumes (Bouygues Télécom / SFR / Orange France / UFC Que Choisir)
Vogel & Vogel (Paris)
France 83 contributions 113030 visites
On 7 April 2010, the Supreme Court quashed the judgment of the Paris Court of Appeal which had been unusually severe in finding a restrictive agreement from information exchanges between Orange, SFR and Bouygues Telecom distorting the conditions for unlawfulness set out in the famous John Deere (...)

The Austrian Supreme Court holds that it is solely up to the Competition Authority to decide on the leniency status of undertakings suspected of collusive practices pursuant to Art 101 TFEU (Printchemicals)
Salzburg University
Autriche 3 contributions 1889 visites
I. Background Upon application of the Austrian Federal Competition Authority (BWB) the Cartel Court (OLG Vienna as KG) sentenced 7 undertakings to fines of between € 66,000 and € 675,000 for their participation in collusive practices in violation of Art 101 TFEU. The first three undertakings (...)

Unilateral Practices

 The German Federal Supreme Court confirms the permissibility of flexible pricing systems under competition and consumer protection law
Rocket Internet SE
Allemagne 2 contributions 2592 visites
In a ruling dated 29 April 2010 (n° I ZR 23/08) the German Federal Supreme Court (Bundesgerichtshof) confirmed that price system used in travel agency companies based on daily price adjustments, according to which the price is subject to changes up to 50 EUR per flight does not infringe German (...)

The Danish Supreme Court refers to questions concerning discriminatory pricing to the European Court of Justice (Post Danmark)
European Commission (Brussels)
Belgique 719 contributions 203207 visites
Denmark: The Supreme Court refers Questions concerning Discriminatory Pricing to the ECJ On 27 April 2010, the Danish Supreme Court referred to the ECJ two questions concerning discriminatory pricing in the Post Danmark case. The questions relate to abuse of dominant position on the market for (...)

The Czech Supreme Administrative Court confirms fine against a regional bus company for abuse of dominant position against its competitor (CSAD Liberec / Student Agency)
Skils (Prague)
République tchèque 32 contributions 24702 visites
On 26 April 2010 the Supreme Administrative Court rejected cassation appeal against the judgment of Regional Court in Brno which rejected judicial review claim lodged by CSAD Liberec (a regional bus company) against decision of the Czech Office for Protection of Competition (“Office”) which (...)

The Czech Supreme Administrative Court confirms that, while a bus station does not constitute an essential facility, a discriminatory refusal of access to it amounts to an abuse of dominant position (SAD Liberec)
Wolf Theiss (Prague)
République tchèque 33 contributions 108755 visites
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Czech Ministry of Justice (Prague)
République tchèque 30 contributions 79906 visites
By its judgement of 26 April 2010, the Czech Supreme Administrative Court confirmed a previous decision of the Regional Court in Brno, upholding a decision of the Office for the Protection of Competition in the ČSAD Liberec case. In 2005, ČSAD Liberec (“ČSAD”), the operator of the bus station in (...)

The EU Advocate General Mazák seeks to affirm the judgment in margin squeeze case (Deutsche Telekom)
Jones Day (Brussels)
Belgique 18 contributions 5389 visites
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Jones Day (Brussels)
Belgique 7 contributions 3190 visites
On 22 April 2010, Advocate General (‘AG’) Jan Mazák at the European Court of Justice (‘ECJ’) issued his opinion in Deutsche Telekom‘s appeal to the ECJ against the General Court ruling upholding the European Commission decision to impose a € 12.6 M fine on Deutsche Telekom for abusive margin squeeze. (...)

The Paris Court of Appeal quashes the French Competition Authority’s finding of an abuse of a collective dominant position (Lafarge Ciments / Vicat)
University College London
Royaume-Uni 2 contributions 1015 visites
On 15 April 2010, the Paris Court of Appeal (Court of Appeal) handed down a judgment setting aside part of the decision of the Conseil de la Concurrence (now the Autorité de la Concurrence) in the case La Société Vicat S.A. et La Société Lafarge Ciments. The Court found that the Conseil de la (...)

The EU Commission accepts commitments offered by Swedish incumbent electricity operator in the electricity transmission market (Svenska Kraftnät)
DG COMP (Brussels)
Belgique 5 contributions 4475 visites
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E.CA Economics (Berlin)
Allemagne 3 contributions 3430 visites
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Agency for the Cooperation of Energy Regulators (ACER) (Ljubljana)
Slovénie 3 contributions 3247 visites
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"Swedish Interconnector case /Improving electricity cross-border trade"* I. Introduction The size of the transmission network is a key determinant of competition in wholesale electricity markets. The larger this network, the more suppliers inject their electricity and hence compete for (...)

The Tribunal of Milan convicts, in the course of proceedings relating to interim measures, the worldwide leader in the production of elastomeric foam products for a below-cost pricing strategy (L’Isolante K-Flex / Armacell)
Rucellai & Raffaelli (Milan)
Italie 7 contributions 13757 visites
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University Bocconi (Milan)
Italie 1 contribution 1356 visites
L’Isolante K-Flex S.r.l., the Italian market leader in the production of specialized and customized elastomeric foam products, filed a request for interim relief before the Tribunal of Milan claiming that its direct competitor, Armacell International GmbH, abused its dominant position in the (...)

Mergers

 The Hungarian Competition Office conditionally clears a merger between two major liquefied petroleum gas distributors (Prímagáz / Intergas)
Philip Morris (Budapest)
Hongrie 11 contributions 6566 visites
In November 2009, Prímagáz Hungária Zrt. (Prímagáz) and Intergas Hungária ZRt. (Intergas) concluded a share sale and purchase agreement for the transfer of 100 percent of the shares in Intergas. Prímagáz, founded in 1992 with the aim of continuing the business activities of three previously (...)

The German Federal Court of Justice finds a merger lawful, reversing the Court of Appeal’s prohibition ruling (Phonak / GN Store)
Allen & Overy (Hamburg)
Allemagne 7 contributions 17778 visites
The German Federal Court of Justice (the Bundesgerichtshof or “BGH”) in its decision dated April 20, 2010 held that the intended acquisition by Swiss Phonak Holding (today Sonova Holding AG, hereinafter referred to as “Phonak”) of GN ReSound-Group (“GN ReSound”) from the Danish firm GN Store Nord A/S (...)

The US DoJ and the FTC propose revisions to the horizontal merger guidelines
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
États-Unis 13 contributions 5524 visites
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Jones Day (Sillicon Valley)
États-Unis 11 contributions 3603 visites
Last week, the United States federal antitrust agencies-the Department of Justice Antitrust Division and the Federal Trade Commission-released proposed revisions to the Horizontal Merger Guidelines. The Guidelines, which have been revised several times over the past 40 years, delineate how the (...)

The German Federal Court of Justice reverses the Düsseldorf Court of Appeal’s decision ruling in favor of a merger in the hearing aids sector and addressing the issue of collective dominance test under German law (Phonak / GN ReSound)
Heinz & Zagrosek (Köln)
Allemagne 21 contributions 11384 visites
Phonak/GN: Federal Court of Justice further specifies collective dominance test under German law* On April 20, 2010, the German Federal Court of Justice quashed the Düsseldorf Court of Appeal’s decision in Phonak/GN, which upheld the FCO’s merger prohibition of the acquisition of GN ReSound by (...)

The US FTC and DoJ release for public comment a draft version of their new joint horizontal merger guidelines offering the opportunity to debate about the role of market definition and unilateral effects analysis
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 47 contributions 20175 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
États-Unis 11 contributions 3241 visites
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Kirkland & Ellis (New York)
États-Unis 9 contributions 2715 visites
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As the credit and capital markets continue to revive, companies around the world considering a return to greater mergers and acquisitions activity may be right to wonder whether recent antitrust law developments should deter those considerations. Notwithstanding the attention the various new (...)

The US DoJ and FTC release for public comment revised horizontal merger guidelines that reflect Agency current practice
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
États-Unis 29 contributions 7588 visites
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 17 contributions 8209 visites
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Kirkland & Ellis (New York)
États-Unis 9 contributions 2715 visites
On April 20, the Department of Justice (DOJ) and Federal Trade Commission (FTC) released and sought public comment on proposed, revised Horizontal Merger Guidelines (guidelines) that reflect how the agencies evaluate the potential competitive effects of mergers and acquisitions between firms at (...)

The US District Court for the Northern District of California reaffirms the importance of market definition in antitrust merger analysis (Golden Gate Pharmacy / Pfizer)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
États-Unis 11 contributions 3241 visites
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 19 contributions 8723 visites
On April 16, 2010, Judge Maxine M. Chesney of the U.S. District Court for the Northern District of California dismissed a complaint raising a private antitrust challenge to the merger of Pfizer, Inc. and Wyeth Pharmaceuticals, because she concluded that the complaint failed sufficiently to (...)

The Turkish Competition Board considers only the turnover in the relevant product market when calculating the fine for failure to notify a concentration (Sarten Ambalaj)
King’s College (London)
Royaume-Uni 3 contributions 1659 visites
The Turkish Competition Board has explicitly ruled that it will calculate the monetary fine against failure to notify a concentration with reference to the turnover generated-by the parties to the transaction-in the relevant product market. Although the relevant provision under the Turkish (...)

State Aid

 The EU Commission issues a working document on the application of State aid rules to government guarantee schemes covering bank debt
DG COMP (Brussels)
Belgique 98 contributions 32544 visites
"State aid: main developments between 1 January and 30 April 2010"* On 30 April 2010, DG Competition prepared a staff working document on the application of State aid rules to government guarantee schemes covering bank debt to be issued after 30 June 2010. The document proposes a review of the (...)

The EU Commission authorises an aid scheme to compensate power generators for certain costs resulting from the termination of long-term power purchase agreements (PPAs) in Hungary
DG COMP (Brussels)
Belgique 98 contributions 32544 visites
"State aid: main developments between 1 January and 30 April 2010"* The Commission has authorised an aid scheme to compensate power generators for certain costs resulting from the termination of long-term power purchase agreements (PPAs) in Hungary. The aim of the Hungarian scheme is to (...)

The EU Commission authorizes France to grant repayable advances of € 35.14 M for the development of composite materials for the fabrication of specific components of aero-structures (Daher-Socata) (Sogerma)
DG COMP (Brussels)
Belgique 98 contributions 32544 visites
"State aid: main developments between 1 January and 30 April 2010"* The Commission has authorised France to grant repayable advances of €35.14 million to Daher-Socata (€12.34 million) and Sogerma (€22.8 million) for the development of the next-generation Main Landing Gear Doors (MLGD) and Main (...)

The EU Commission authorises Germany to grant € 19.1 M for an energy-saving steel production project run by a subsidiary of a steel producer (Salzgitter Flachstahl)
DG COMP (Brussels)
Belgique 98 contributions 32544 visites
"State aid: main developments between 1 January and 30 April 2010"* The Commission has authorised Germany to grant €19.1 million for an energy-saving steel production project run by Salzgitter Flachstahl GmbH, a subsidiary of the Salzgitter AG group. The aid will allow Salzgitter to produce (...)

Procedures

 The Danish Parliament adopts amendments to its national competition act
DLA Piper (Copenhagen)
Danemark 41 contributions 72983 visites
On 29 April 2010 the Danish Parliament adopted amendments to the Danish Competition Act, the three most important being: (i) a significant lowering of the merger control threshold and amendments to the notification procedure; (ii) removal of the de minimis rule in relation to certain (...)

The ECJ Advocate General Kokott advises against the extension of legal professional privilege to in-house lawyers (Akzo Nobel)
Court of First Instance of Namur
Belgium 224 contributions 39859 visits
On 29 April 2010, Advocate General Juliane Kokott handed down her opinion in an appeal before the Court of Justice by Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd. The appeal had been brought against a judgment of the Court of First Instance (now the General Court) of 17 September 2007 in (...)

The Slovakian Parliament extends the scope of application of the leniency program to criminal proceedings
European Commission (Brussels)
Belgique 719 contributions 203207 visites
Slovakia: Leniency extended to Criminal Enforcement On 27 April 2010, the National Council of the Slovak Republic (Slovak Parliament) approved an amendment to the Criminal Code of the Slovak Republic, which extends the scope of application of the current leniency programme to criminal (...)

The US Supreme Court shows in its recent antitrust decisions a concern about the burdens of US litigation process (Stolt-Nielsen / AnimalFeeds)
Gibson Dunn (New York)
États-Unis 17 contributions 8834 visites
U.S. Antitrust Decisions Frequently Driven by Concerns With Burdens of U.S. Litigation Process* Many of the most important U.S. judicial decisions in antitrust have been driven by judicial concern with aspects of the U.S. litigation process that are perceived by some to impose excessive costs (...)

The English High Court clarifies approach to be taken when considering striking out competition law claims (Sel-Imperial Limited / The British Standards Institution)
Herbert Smith Freehills (London)
Royaume-Uni 5 contributions 3008 visites
With the jurisdiction of England and Wales becoming an increasingly popular forum for competition law claims, potential litigants continue to observe with interest how the peculiarities of English civil procedure will be applied in the competition law context. This case concerned the English (...)

The Belarussian Ministry of Economy amends the abuse of dominant position instruction to complete the Competition Law
Atos (Madrid)
Espagne 2 contributions 315 visites
1. Applicable Legislation The Law of the Republic of Belarus On Counteraction to Monopolistic Activity and Promotion of Competition of 10 December 1992 as amended as of 2010 (the “Law” hereinafter) is the main law governing merger control issues in Belarus in general and abuse of dominant market (...)

The Romanian Competition Authority releases its 2009 annual report
University of Macau - Faculty of Law
Chine 280 contributions 214407 visites
On 22 April 2010 the Romanian Competition Authority (CC) has released its 2009 annual report. Present note shall focus exclusively on competition enforcement activities carried out by the CC in 2009 without addressing its activity related to the state aids control, competition advocacy, (...)

The Austrian Supreme Court confirms the legality of a request for a search warrant regarding the premises of a law firm suspected of having provided support to a cartel on the market of fire service equipment (Hausdurchsuchung Feuerwehrausrüster Rosenbauer)
European Court of Justice (Luxembourg)
Luxembourg 21 contributions 28795 visites
1. Introduction By order of 19 April 2010 in Case 16 Ok 2/10, the Austrian Supreme Court (acting as the highest appellate court in competition matters; Oberster Gerichtshof als Rekursgericht in Kartellrechtssachen) annulled the first instance decision of the Vienna Cartel Court (...)

The Romanian Competition Authority adopts a new regulation on its own organization and functioning
European Commission (Brussels)
Belgique 719 contributions 203207 visites
Romania: New Regulation on the Organization and Functioning of the Competition Council The Regulation on the organization and functioning of the Romanian Competition Council (RCC) has been published on 14 April 2010. It amends the current Regulation enforced by then President Order (...)

The French Supreme Court rules that the damage caused to the economy by an anticompetitive practice cannot be presumed (Bouygues Télécoms, SFR, Orange)
Herbert Smith Freehills (Paris)
France 92 contributions 38583 visites
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Franklin (Paris)
France 27 contributions 16427 visites
Background This case is the latest episode of the saga of the «mobile telephony case«. In 2005 the French Competition Council imposed on the three leading French mobile operators (Orange France, SFR and Bouygues Télécom) a record fine of € 534 M for collusive practices consisting in (i) exchange of (...)

The US District Court for the Eastern District of New York reinforces the fact that the Twombly “facial plausibility” standard serves as strong basis for dismissal in a price-fixing class action (LaFlamme / Société Air France)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
États-Unis 11 contributions 3241 visites
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
États-Unis 4 contributions 760 visites
On April 5, 2010, Judge Kiyo A. Matsumoto of the U.S. District Court for the Eastern District of New York issued a Memorandum and Order dismissing the plaintiffs’ putative antitrust class-action complaint against KLM Royal Dutch Airlines and others for failing to state a claim. The plaintiffs (...)

The UK Competition Authority publishes a guide on private litigation in competition cases
European Commission (Brussels)
Belgique 719 contributions 203207 visites
United Kingdom: The Office of Fair Trading (OFT) publishes Guide to Private Litigation On 1 April 2010, the OFT published a guide aimed at individuals and businesses who might be considering engaging in private court actions in the UK courts for breaches of competition law. The guide (...)

Regulatory

 The Polish Competition Authority issues a report on competition and the liberal professions of architects and construction engineers
European Commission (Brussels)
Belgique 719 contributions 203207 visites
Poland: UOKiK issues a Report on Competition and the Liberal Professions of Architects and Construction Engineers On 21 April 2010, the Polish Office of Competition and Consumer Protection (UOKiK) issued a Report on Competition and the Liberal Professions of Architects and Construction (...)

The Slovakian Competition Authority comments on draft act concerning the joining of railway companies
European Commission (Brussels)
Belgique 719 contributions 203207 visites
Slovakia: Authority’s Comments on Draft Act concerning the Joining of Railway Companies The Ministry of Transport, Post and Telecommunications of the Slovak Republic (“the Ministry”) presented on 14 April 2010, a draft Act concerning the new arrangement of the three state companies in the railway (...)

The Malaysian Parliament passes first comprehensive competition law act
Winston & Strawn (New York)
États-Unis 27 contributions 21763 visites
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Jones Day (Singapore)
Singapour 1 contribution 595 visites
On April 21, 2010, the Parliament of Malaysia approved two bills, the Competition Commission Bill 2010 and the Competition Bill 2010 (the Bills). When implemented, the Bills will establish the first comprehensive competition law and competition enforcement agency in Malaysia. The Competition (...)

The French Competition Authority clarifies the opinion it provided to the French Telecommunications and Posts Regulator on high and very high speed Internet access coverage
French Competition Authority (Paris)
France 599 contributions 229104 visits
The Autorité de la concurrence provides clarifications regarding the opinion that it provided to the ARCEP on the ramp-up of access speed.* On 22 December 2009, the Autorité de la concurrence provided the French Telecommunications and Posts Regulator (Autorité de Régulation des Communications (...)

The Paris Court of First Instance denies an airline company having an exclusive distribution model with the right to prevent an online travel agency from selling its tickets (RyanAir / Opodo)
Google (Paris)
France 12 contributions 37904 visites
Summary The well known low-cost airline company RyanAir wishes to have control over online sales of its tickets. It has launched several lawsuits in Europe (in France, Germany, Ireland, Netherlands, Spain, Swiss) to protect its websites from “screen-scraping”. Screen-scraping consists in the (...)

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