April 2015

Anticompetitive practices

 The Romanian High Court of Cassation and Justice upholds irrevocably the sanctions pronounced by the Romanian Competition Authority against two undertakings for bid rigging (Condmag / Inspet)
Romanian Competition Council (Bucharest)
Romania 158 contributions 27585 visits
The High Court of Cassation and Justice has confirmed irevocably the sanctions aplied by the Romanian Competition Council to CONDMAG and INSPET companies* The High Court of Cassation and Justice has confirmed irevocably the sanctions aplied by the Romanian Competition Council in 2012 to (...)

ECJ Advocate General Wathelet renders an opinion endorsing limits to the EU Commission’s abilities to impose fines (InnoLux)
Simmons & Simmons (London)
United Kingdom 19 contributions 4764 visits
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Agoda
12 contributions 4161 visites
In Brief On 30 April 2015, Advocate General (AG) Wathelet gave his Opinion on an appeal brought before the Court of Justice of the European Union (ECJ) by InnoLux Corp. (InnoLux) concerning the European Commission’s liquid crystal display (LCD) panels cartel decision. AG Wathelet agreed with (...)

The Chinese NDRC in Fujian adopts antitrust measures for the China Pilot Free Trade Zone
University of Melbourne
Australia 103 contributions 29003 visits
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China Competition Bulletin (Beijing)
China 101 contributions 25957 visits
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Hogan Lovells (Beijing)
China 81 contributions 19720 visits
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Fujian Price Bureau adopts antitrust measures for the China (Fujian) Pilot Free Trade Zone* On 30 April 2015, the Fujian Price Bureau issued the Anti-Price Monopoly Measures for the China (Fujian) Pilot Free Trade Zone. The aims of the measures are to enhance the market price order, protect (...)

The Danish Competition Authority concludes a settlement with a supplier of hardball-gear guilty of resale price maintenance (ActionSportGames)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 129 contributions 35770 visits
ActionSportGames pays fine in settlement for resale price maintenance* On April 30, 2015, ActionSportGames A/S, a Danish supplier of hardball-gear – an activity similar to paintball – entered into a settlement with the Danish Public Prosecutor for Serious Economic and International Crime for (...)

The Danish Competition Authority concludes a settlement with a producer of trailers guilty of price resale maintenance (Variant)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 129 contributions 35770 visits
Variant A/S, Denmark, pays fine in settlement for resale price maintenance* On April 29, 2015, Variant A/S, a Danish producer of trailers, entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale (...)

The Düsseldorf Higher Regional Court upholds that remuneration system applied in the "Irsching contracts" between two electricity providers violates competition law (E.ON / TenneT)
German Competition Authority (Bonn)
Germany 447 contributions 113534 visits
Düsseldorf Higher Regional Court confirms that the remuneration system applied in the "Irsching contracts" is in violation of competition law* In its decision of 28. April 2015 (see Press Release of the Düsseldorf Higher Regional Court of 28 April 2015) the Düsseldorf Higher Regional Court (...)

The Indian Competition Authority starts investigating a taxi company for abuse of dominance through predatory pricing (Fast Track Call Cab / ANI Technologies / OLA Cabs)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41949 visits
Competition Commission launches investigation into OLA Cabs* By an order dated April 24 2015 the Competition Commission launched an investigation into M/s ANI Technologies Pvt Ltd (OLA Cabs) for alleged abuse of its dominant position by indulging in predatory pricing in the relevant market (...)

The Brussels Commercial Court dismisses a cartel damages claim filed by the Belgian and Flemish State Authorities against four elevator manufacturers (Kone / Otis / Schindler / ThyssenKrupp)
Houthoff Buruma (Brussels)
Belgium 3 contributions 65 visits
Brief summary of facts Four manufacturers of elevators concluded price-fixing agreements in Belgium for new elevator systems and maintenance contracts between 1996 and 2004. The cartelists divided the market by allocating tenders and maintenance contracts. This infringement formed the basis (...)

The Brussels Commercial Court dismisses in its entirety a claim for damages by the Belgian and Flemish State Authorities against the four members of the elevator cartel (Kone / Otis / Schindler / ThyssenKrupp)
Simmons & Simmons (Brussels)
Belgium 21 contributions 15847 visits
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Euroclear (Brussels)
Belgium 7 contributions 1435 visits
Damages claims of the Belgian and Flemish State Authorities against the four Belgian elevator cartel members dismissed for lack of proof of damage by first instance court. In brief Ruling at first instance the Brussels Commercial Court has dismissed in its entirety a claim for damages by (...)

The Cyprus Competition Authority fines a car manufacturer and its local distributor for a vertical agreement regarding spare parts (Daimler)
Harris Kyriakides (Cyprus)
Cyprus 2 contributions 829 visits
The Commission for the Protection of Competition in Cyprus (Commission) has issued its decision on the CIC-Daimler AG case, imposing a record aggregate fine of €20.7 million on Cyprus Import Corporation Ltd and Daimler AG, on grounds related to infringements of Article 3(1)(b) of the (...)

The EU Court of justice clarifies the approach to be taken by the Commission on the issue of internal sales when setting a cartel fine (LG Display)
Simmons & Simmons (London)
United Kingdom 19 contributions 4764 visits
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Agoda
12 contributions 4161 visites
In Brief On 23 April 2015, the Court of Justice of the European Union (ECJ) dismissed LG Display’s and LG Display Taiwan Co. Ltd’s appeal against a General Court judgment on their liability for fines arising from the LCD cartel. The case is significant because the ECJ has clarified the (...)

The Competition Commission of India passes an order in favour of prominent online retail platforms in India (Mohit Manglani / M/s Flipkart India)
Meta (New Delhi)
India 7 contributions 3793 visits
Introduction After Google, e-commerce seems to be next hot topic in the antitrust community. The European Commission’s recent inquiry has made this sector one of the most watched ones. Predictably, with the exponential increase in internet penetration, the Indian competition law has also (...)

The Cyprus Competition Authority heavily fines an anticompetitive agreement considering the seriousness of the infringement and its duration in the spare parts market (Daimler)
Elias Neocleous (Limassol)
Cyprus 12 contributions 1627 visits
Factual background The case concerned two companies namely Kapodistrias and Kyros who were active in the import, purchase, supply and resale of original spare parts for Mercedes-Benz vehicles, which were supplied by dealers and suppliers from abroad. Kyros and Kapodistrias claimed that, (...)

The Bulgarian Competition Authority finds that amendments to attorney act are anti-competitive
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217897 visits
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 (...)

The Mexican Competition Authority opens an investigation in the air transport sector
Mexican Competition Authority (Mexico City)
Mexico 133 contributions 25936 visits
COFECE initiates investigation into air transport sector* Through the Mexican Federal Official Gazette and its website, the Federal Economic Competition Commission’s (COFECE) Investigative Authority publicly announced the extract of its ex-officio investigation initiation decision under file (...)

The Italian Competition Authority issues a commitment decision and closes an investigation regarding contracts concluded between an online booking website and its partner hotels (Booking.com)
Municipality of Cagliari
166 contributions 132865 visits
By a commitment decision made on 21 April 2015 in the Mercato dei Servizi Turistici-Prenotazione Alberghiere Online case (thereinfter Online Hotel Reservation) the Italian Competition Authority (ICA) has closed an Article 101 TFEU investigation against Booking. The ICA has launched the (...)

The UK Competition and Markets Authority announces that it received a super-complaint from an independent consumer body (Which)
DLA Piper (London)
United Kingdom 25 contributions 18346 visits
On 21 April 2015, the Competition and Markets Authority (CMA) announced that it received a super-complaint from the independent consumer body Which? (Which) in respect of perceived concerns about misleading and opaque pricing practices in the UK grocery market. This relates to both in-store (...)

The FTC expresses “strong concerns” over State regulations offering to provide antitrust immunity to certain healthcare collaborations undertaken with Department of health’s approval and supervision
Sheppard Mullin (San Francisco)
United States 13 contributions 3032 visits
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Sheppard Mullin (Century City)
United States 9 contributions 1787 visits
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Sapient (San Diego)
United States 1 contribution 172 visits
State Regulatory Scheme Offering Antitrust Immunity to Healthcare Collaborations Creates Tension Between Federal and State Antitrust Enforcement* On April 22, 2015, the Federal Trade Commission submitted a public letter to the New York State Department of Health (DOH) expressing “strong (...)

The Pakistani Competition Authority issues an opinion concerning public procurement of electric power equipment
Competition Commission of Pakistan (Islamabad)
Pakistan 18 contributions 1784 visits
CCP issues opinion to address competition concerns in public procurement of electric power equipment* The Competition Commission of Pakistan (CCP) has issued an Opinion under Section 29 of the Competition Act, 2010 containing its recommendations in the matter of procurement of electrical (...)

The German Competition Authority publishes a draft decision concerning the round timber proceedings against a Federal State (German State of Baden-Württemberg)
German Competition Authority (Bonn)
Germany 447 contributions 113534 visits
Bundeskartellamt issues a draft decision in the round timber proceedings against the Federal State of Baden-Württemberg* In the proceedings concerning the marketing of round timber by the Federal State of Baden-Württemberg, the Bundeskartellamt has today sent a draft decision to the state (...)

The U.S. District Court for the Eastern District of Pennsylvania holds that a firm which has engaged in fraud on the patent office cannot stand on its patent to defend reverse payment antitrust claims (Cephalon)
Washington and Lee University School of Law (Lexington)
United States 11 contributions 9181 visits
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Sheppard Mullin (Washington)
United States 1 contribution 267 visits
Last year in a landmark decision, the Supreme Court ruled that pharmaceutical “reverse payment” settlements in Hatch-Waxman Act “Paragraph 4” patent litigation are subject to challenge, departing from the rule that most Circuits had adopted. FTC v. Actavis, 133 S.Ct. 2223 (2013). In these (...)

The Pakistan Competition Authority imposes fines on an association of automobile manufacturers for cartel (PAMADA)
Competition Commission of Pakistan (Islamabad)
Pakistan 18 contributions 1784 visits
CCP imposes pkr 140 million penalty on automobile dealers’ association for cartelization* The Competition Commission of Pakistan (CCP) has passed an order imposing a penalty of PKR 140 Million on the Pakistan Automobile Manufacturers Authorized Dealers Association (PAMADA) for cartelization (...)

The US Court of Appeals for the Seventh Circuit affirms the district court’s grant of summary judgment in price-fixing litigation (Text Messaging)
McDermott Will & Emery (Paris)
France 134 contributions 65703 visits
On Thursday, April 9, 2015, the Seventh Circuit affirmed the district court’s grant of summary judgment for AT&T Mobility LLC, Verizon Wireless LLC, T-Mobile USA Inc. and Sprint Corp., in a text messaging price-fixing litigation. In re Text Messaging Antitrust Litigation, case number (...)

The US Attorney General of Texas settles its challenge to an agreement among sellers of dental supplies in an alleged boycott case (Benco Dental Supply)
Jones Day (Houston)
United States 35 contributions 15623 visits
The Texas Attorney General has settled its challenge to an agreement among sellers of dental supplies that, in the State’s view, prevented competition by a new entrant in Texas. This case is a reminder that even local activities may be the subject of antitrust enforcement by state attorneys (...)

The US Court of Appeals for the Seventh Circuit rejects a claim of collusion in the text messaging sector and reminds the limits of "hot" documents (Text messaging)
BakerHostetler (Washington)
United States 3 contributions 1850 visits
Collusion Course: The Limits of Hot Documents* Discovery in antitrust cases often involves a search for smoking-gun documents. Those documents can consist of emails proving that competitors conspired to raise prices, removing the difficulties faced by prosecutors or civil plaintiffs in (...)

The Croatian Competition Authority issues two cartel decisions concerning the personal protection market and the market of provision of berth and mooring services (Sokol Marić / AKD-Zaštita / Securitas Hrvatska)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19371 visits
Two cartel decisions by the CCA* The Croatian Competition Agency adopted two decisions on prohibited horizontal agreements, first, in the provision of personal protection services involving seven undertakings and second, in the provision of berth and mooring services, where nine undertakings (...)

The US Circuit Court of Appeals for the Third Circuit annuls a district court’s order which certified a class of direct purchasers in a price-fixing suit in the blood reagents market (Ortho Clinical Diagnostics)
McDermott Will & Emery (Paris)
France 134 contributions 65703 visits
On Wednesday, April 8, 2015, the Third Circuit Court of Appeals vacated a district court’s order certifying a class of direct purchasers of blood reagents in a price-fixing suit against Ortho-Clinical Diagnostics Inc. In re Blood Reagents, case number 12-4067. Plaintiffs allege that (...)

The Mexican Supreme Court of Justice upholds the decision of the Competition Authority concerning a bid-rigging in the pharmaceutical sector (Baxter, Fresenius, Eli Lilly and Pisa)
Mexican Competition Authority (Mexico City)
Mexico 133 contributions 25936 visits
The Supreme Court of Justice decides on bid rigging in social security public tenders case* The Mexican Supreme Court of Justice (SCJ) confirmed the legality of a resolution issued by the extinct Federal Competition Commission in 2010, against pharmaceutical enterprises Baxter, Fresenius, (...)

The Chinese State Administration for Industry and Commerce publishes guidelines on application of the anti-monopoly law to intellectual property rights
Jones Day (Shanghai)
China 51 contributions 23636 visits
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Gibson Dunn (Hong Kong)
Hong Kong 26 contributions 12102 visits
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Jones Day (Beijing)
China 44 contributions 20600 visits
After years of discussions, China’s State Administration for Industry and Commerce finally has released its guidelines on the application of the PRC Anti-Monopoly Law ("AML") to intellectual property rights ("Guidelines"). The Guidelines will come into force on August 1, 2015. The Guidelines (...)

The US DoJ secures the guilty plea of a former e-commerce executive following the prosecution of the first e-commerce price fixing case (Topkins)
Robert Connolly Law (Philadelphia)
United States 23 contributions 5058 visits
Antitrust Division Files First E-Commerce Case* David Topkins, a former executive at the E-Commerce Merchants Trade Association, an e-commerce seller of posters, prints and framed art, has agreed to plead guilty for conspiring to fix the prices of posters sold online. The one-count felony (...)

The US DoJ announces first criminal prosecution against a conspiracy specifically targeting e-commerce (Topkins)
Siemens (New York)
États-Unis 21 contributions 7589 visites
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Patterson Belknap Webb & Tyler (New York)
United States 5 contributions 1274 visits
First E-commerce Price Fixing Prosecution Yields Swift Guilty Plea* In what it is calling the Antitrust Division’s “first criminal prosecution against a conspiracy specifically targeting e-commerce,” the Department of Justice has announced that an individual has agreed to plead guilty to (...)

The French Competition Authority publishes a new notice concerning its leniency programme
French Competition Authority (Paris)
France 739 contributions 394063 visits
Revision of the leniency procedural notice* The Autorité de la concurrence has published a new notice concerning its Leniency Programme The Autorité de la concurrence, meeting in plenary session, has adopted the revised procedural notice relating to its Leniency Programme. This revision of (...)

The Moscow Arbitration Appeal Court confirms the fines imposed in a cartel case in the market of wholesale supplies of table salt (TDS)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55681 visits
Appeal Court supported FAS position on a cartel case on the market of wholesale supplies of table salt* On 2 April 2015, the 9th Arbitration Appeal Court confirmed legitimacy and reasonableness of the decision of the Federal Antimonopoly Service (FAS Russia) on a cartel case on the market of (...)

The Hellenic Competition Authority sends a statement of objections to undertakings for suspected cartel in the steel long products sector (Sidenor / Hellenic Halyvourgia / Halyvourgiki)
Hellenic Competition Commission (Athens)
Greece 126 contributions 17165 visits
Statement of Objections addressed to companies active in the production and trading of steel products regarding alleged infringements of competition rules * Following the issuing of a Statement of Objections, the Hellenic Competition Commission (HCC) will convene on 29.05.2015 to hear a case (...)

Unilateral Practices

 The Hellenic Competition Authority imposes fines on one undertaking operating on the retail market for baby diapers for abuse of dominance (Procter & Gamble)
Hellenic Competition Commission (Athens)
Greece 126 contributions 17165 visits
Infringement decision with fines addressed to Procter & Gamble concerning antitrust violations in the retail market for baby diapers in Greece* Infringement decision with fines addressed to Procter & Gamble concerning antitrust violations in the retail market for baby diapers in (...)

The Australian Federal Government proposes to extend consumer protections against unfair contract terms to some small business contracts
Claire Harris Antitrust (Oxford)
United Kingdom 3 contributions 8521 visits
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Corrs Chambers Westgarth (Melbourne)
Australia 1 contribution 175 visits
Extension of unfair contract terms protection to small businesses - Many franchise agreements likely to be caught* The Federal Government has released an exposure draft of proposed legislation that would extend consumer protections against unfair contract terms to small business contracts (...)

The French Competition Authority obtains extensive commitments from an online hotel booking company (Booking.com)
French Competition Authority (Paris)
France 739 contributions 394063 visits
The Autorité de la concurrence, in coordination with the European Commission and the Italian and Swedish authorities, has obtained particularly extensive commitments from Booking.com aiming to boost competition between online booking platforms and give hotels more freedom in commercial and (...)

The Italian Competition Authority renders legally binding the commitments proposed by an online hotel booking company (Booking.com)
Italian Competition Authority (Rome)
Italie 68 contributions 18258 visites
Commitments offered by booking.com: closed the investigation in Italy, France AND Sweden* On 21 April 2015, the Italian Competition Authority has rendered legally binding the commitments offered by Priceline Group’s companies Booking.com BV and Booking.com (Italy) and closed, with respect to (...)

The Dutch Competition Authority publishes new guidelines on vertical restraints including a case study modeled on the Tooltechnic case
RBB Economics (Brussels)
Belgium 13 contributions 11293 visits
RPM and strong inter-brand competition – Tooltechnic coming to Europe?* On 20 April 2015, the Dutch competition authority ACM published Guidelines on its enforcement priorities with respect to vertical restraints. The document contains a number of case studies intended to illustrate the (...)

The FTC seeks to secure first disgorgement in nearly a decade (Cardinal Health)
Womble Bond Dickinson (Charlotte)
United States 1 contribution 448 visits
FTC Seeks to Secure First Disgorgement in Nearly a Decade* The FTC announced yesterday that Cardinal Health, Inc. (“Cardinal”) has agreed to pay $26.8 million to resolve its investigation into the company’s alleged anticompetitive behavior. If approved by a federal court, the settlement (...)

The Swedish Market Court finds that the principle of ne bis in idem does not hinder the Court from imposing fines on an undertaking, despite the fact that the company has already been subject to a previous court judgment to put an end to the company’s abusive practice (Swedavia)
Klarna (Stockholm)
Sweden 9 contributions 1512 visits
The Swedish Market Court (Sw. Marknadsdomstolen) found, on 17 April 2015, that the principle of ne bis in idem did not hinder the Swedish Competition Authority from imposing fines on the undertaking Swedavia AB (“Swedavia”) for abusing its dominant position, despite the fact that the company (...)

The US District Court for the Eastern District of Pennsylvania dismisses claims of conspiracy to protect a monopoly by "product hopping", citing risk to slow or halt pharmaceutical innovation (Mylan / Warner Chilcott)
BakerHostetler (Philadelphia)
United States 1 contribution 256 visits
Product Hopping and Antitrust: Mylan Court Dismisses Claims on Summary Judgment, Citing Need to Avoid Chilling Pharmaceutical Innovation* A recent summary judgment opinion from the Eastern District of Pennsylvania breaks new ground in the developing antitrust law on “product hopping” claims. (...)

The US Court of Appeals for the 11th Circuit holds that a rebate program requiring exclusivity from distributors was unlawful maintenance of monopoly power (McWane)
Sheppard Mullin (San Francisco)
United States 13 contributions 3032 visits
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Sheppard Mullin (Century City)
United States 9 contributions 1787 visits
Eleventh Circuit Affirms FTC Finding that Rebate Program Served to Unlawfully Maintain Monopoly Power* The Eleventh Circuit recently affirmed a Federal Trade Commission finding that a manufacturer’s rebate program requiring exclusivity from its distributors was an unlawful maintenance of (...)

The Swedish Competition Authority approves the voluntary commitments of an online hotel booking company subject to a fine (Booking.com)
Klarna (Stockholm)
Sweden 9 contributions 1512 visits
The Swedish Competition Authority decided, on 15 April 2015, to approve the voluntary commitments presented by Bookingdotcom Sverige AB and Booking.com BV (below, jointly referred to as “Booking.com”). The commitments are associated with a fine of SEK 5 million (approx. EUR 550 000) for (...)

The East Kazakhstan Judicial Appeal Board fines a group of companies for refusing to conclude a contract with the customer (AES Ust-Kamenogorsk HPP / AES Shulba HPP / AES Sogrinsk CHP / AES Ust-Kamenogorsk CHP)
Center for Development and Protection of Competition Policy (Astana)
Kazakhstan 9 contributions 1990 visits
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Kazakhstan Association of Mining and Metallurgical Companies (Astana)
Kazakhstan 2 contributions 716 visits
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Center for Development and Protection of Competition Policy (Astana)
Kazakhstan 2 contributions 716 visits
On April 13, 2015 Judicial Appeal Board on civil and administrative cases of East Kazakhstan region considered the petition of appeal filed by “AES Ust-Kamenogorsk HPP” LLP against the order of the specialized administrative court of Ust-Kamenogorsk dated March 16, 2015 (Court of first (...)

The Chinese State Administration for Industry and Commerce releases rules on intellectual property regarding competition law
Covington & Burling (Shanghai)
China 1 contribution 62 visits
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Covington & Burling (Shanghai)
China 2 contributions 123 visits
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Covington & Burling (Beijing)
China 9 contributions 462 visits
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Following several years of drafting and public consultations, on April 13 the State Administration for Industry and Commerce of the People’s Republic of China (“SAIC”) released its Rules on the Prohibition of Abuses of Intellectual Property Rights for the Purposes of Eliminating or Restricting (...)

The Italian Supreme Court overturns the Court of Appeal’s dismissal of a private enforcement class action claim against a company that manages a market and leasing the space for abuse of dominance (Comi / Cargest)
Orrick, Herrington & Sutcliffe (Rome)
Italy 6 contributions 158 visits
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Akin Gump Strauss Hauer & Feld (London)
United Kingdom 6 contributions 277 visits
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Italian Ministry of Health (Rome)
5 contributions 100 visits
Brief summary of facts In 2007, 52 wholesale fruit and vegetable traders operating at the Rome-Guidonia agri-food wholesale market (the "Market") filed a stand-alone action against Cargest, i.e. the company managing the Market and leasing the space to the traders. Claimants alleged that (...)

The German Competition Authority sends a statement of objections to an online hotel booking company suspected of abuse of dominance (Booking.com)
German Competition Authority (Bonn)
Germany 447 contributions 113534 visits
Bundeskartellamt issues statement of objections regarding Booking.com’s ’best price’ clauses* Today the Bundeskartellamt has informed Booking.com Deutschland GmbH, Berlin, of its competition concerns regarding the continued use of ’best price’ clauses in its contracts with hotels in Germany. (...)

The Moscow Arbitration Court confirms the fine imposed on a pharmaceutical laboratory for abuse of dominance (Teva)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55681 visites
The fine upon TEVA is legitimate* On 1 April 2015, Moscow Arbitration Court pronounced legitimacy of FAS determination (1) to hold TEVA PHARMACEUTICAL INDUSTRIES LIMITED (Israel) administratively liable. Earlier, in December 2013, the antimonopoly body found that TEVA violated Clause 5 (...)

Mergers

 The UK Competition Authority formally clears a merger in the insurance sector following an in-depth enquiry (Xchanging / Agencyport)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95208 visites
CMA FORMALLY CLEARS SPECIALIST INSURANCE MERGER* The CMA has formally cleared the completed acquisition by Xchanging of certain companies comprising all of the European operations of Agencyport. Xchanging plc (Xchanging) and Agencyport Software Group (Agencyport) supply specialist software (...)

The US DoJ blocks a merger between two semiconductor equipment suppliers because the combination would have threatened to diminish innovation (AMAT / TEL)
Doyle, Barlow & Mazard (Washington DC)
United States 5 contributions 1501 visits
Mergers That Diminish Innovation Present Deal Risk* On April 27, 2015, the Department of Justice’s (“DOJ”) Antitrust Division released a statement regarding Applied Materials Inc. (“AMAT”) and Tokyo Electron’s (“TEL”) joint announcement that they abandoned their merger. The Antitrust (...)

The Finnish Competition and Consumer Authority lifts certain remedies imposed on a dairy processor and manufacturer in two earlier merger clearance decisions (Valio)
Merilampi Attorneys (Helsinki)
Finland 7 contributions 16282 visits
On 23 April 2015, the Finnish Competition and Consumer Authority (“FCCA”) issued a decision accepting Valio Oyj’s (“Valio”) application to lift certain conditions imposed on Valio in two earlier merger clearance decisions (Case No 1151/81/99 acquisition of the regional dairies Osuuskunta (...)

The Spanish Competition Authority clears the acquisition of the first national pay-TV provider by a direct competitor (Telefónica / DTS)
LaLiga (Madrid)
7 contributions 4411 visits
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Spanish Competition Authority (CNMC) (Madrid)
Spain 1 contribution 538 visits
1 Introduction On 22 April 2015, seven months after it was notified of the incumbent telecoms operator Telefónica’s acquisition of sole control of Distribuidora de Televisión Digital, S.A. (“DTS”), the National Markets and Competition Authority (“CNMC”) cleared the deal subject to (...)

The Spanish Competition Authority approves an acquisition in the pay TV and telecommunications markets by a direct competitor in a second phase decision with commitments (Telefónica / DTS)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46105 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22000 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 3920 visits
The approved transaction consists of the acquisition by Telefónica (incumbent telecommunications operator also active in the pay TV market) of the exclusive control of DTS, through the purchase of the 56 % share capital in the hands of Prisa, which adds to the 44% share capital already owned (...)

The German Competition Authority clears a merger on the market of online real estate portals (Immonet / Immowelt)
German Competition Authority (Bonn)
Germany 447 contributions 113534 visits
CLEARANCE OF MERGER BETWEEN IMMONET AND IMMOWELT* In the first phase of merger control the Bundeskartellamt has cleared plans by Axel Springer SE, Berlin to acquire sole control of Immowelt AG, Nuremberg and the launch of a joint venture between Immowelt AG and Immonet GmbH, Hamburg. The (...)

The UK Competition Authority provisionally clears a merger in the market of chilled savoury pastry (Pork Farms Caspian / Kerry Foods)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95208 visites
CMA PROVISIONALLY CLEARS PORK FARMS / KERRY FOOD MERGER* The CMA has provisionally cleared the completed acquisition by Pork Farms Caspian of the chilled savoury pastry business of Kerry Foods. Pork Farms Group Limited, through the Pork Farms Caspian Limited subsidiary, and Kerry Foods (...)

The Serbian Competition Authority fines a publishing company for failure to notify a concentration (Farmakomfor / Politika newspapers and magazines)
BDK Advokati (Belgrade)
Serbia 15 contributions 688 visits
In my last post, I reported on the on-going investigation into the 2012 acquisition of a 50% stake in the publishing house Politika newspapers and magazines. The buyer of a 50% stake from the well-known German publisher WAZ was a then unknown, formally Russian, company East Media Group. The (...)

The Swedish Competition Authority updates its merger control guidelines, providing practitioners with practical guidance on some of the particularities of its filing system
Nasdaq (Stockholm)
Sweden 10 contributions 3071 visits
Swedish Competition Authority updates merger control guidelines* In April 2015 the Swedish Competition Authority (“SCA”) published its updated merger control guidelines (“Guidelines”), providing practitioners with practical guidance on some of the particularities of the Swedish filing (...)

The South African Competition Authority approves the introduction of monetary filing thresholds and a scaling down of merger filing fees
Freshfields Bruckhaus Deringer (Brussels)
Belgium 7 contributions 1950 visits
The COMESA Competition Commission (the CCC) announced on 8 April 2015 that the Council of Ministers of the COMESA member states has approved the introduction of long-awaited monetary filing thresholds and a scaling down of merger filing fees. These changes address two of the key concerns (...)

The Finnish Competition Authority clears a merger subject to remedies in the telephone and data communications services markets (Elisa Oyj / Anvia Oyj)
Finnish Competition and Consumer Authority (Helsinki)
Finlande 74 contributions 12555 visites
THE FINNISH COMPETITION AND CONSUMER AUTHORITY (FCCA) GIVES CONDITIONAL ACCEPTANCE OF ACQUISITION OF ANVIA BY ELISA* The FCCA has today accepted conditionally the transaction whereby Elisa Oyj will gain control over Anvia Oyj. The conditions relate to broadband services on a landline network (...)

The German Competition Authority prohibits a merger in the food retail market (Kaiser’s Tengelmann / Edeka)
German Competition Authority (Bonn)
Germany 447 contributions 113534 visits
Bundeskartellamt prohibits takeover of Kaiser’s Tengelmann by EDEKA* The Bundeskartellamt has prohibited the acquisition of around 450 Kaiser’s Tengelmann outlets by EDEKA. In the authority’s view the project would have considerably wors-ened competition conditions on a large number of (...)

The German Competition Authority blocks a merger between two food retailers with a strong position in different regional markets as it would impede effective competition in the food retail market (Kaiser’s Tengelmann / EDEKA)
Berlin School of Economics and Law (Berlin)
Germany 2 contributions 550 visits
At the beginning of April 2015, the Bundeskartellamt blocked the merger between Edeka and Kaiser’s Tengelmann ("Tengelmann"), which had been notified in October 2014. In the proposed merger, Edeka intends to acquire approximately 450 outlets of Tengelmann. Both companies are food retailers (...)

State Aid

 The EU Commission finds a measure helping an outdoor training centre not to constitute State aid for lack of affectation of interstate trade, based on the local origin of users (Glenmore Lodge)
Maastricht University
Belgium 353 contributions 64014 visits
SA.37963: Glenmore Lodge, UK* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That seven measures were (...)

The EU Commission finds a measure not to constitute State aid because the services provided occurs at a local level and is thus unlikely to attract customers from the other Member States to any meaningful degree (Community Amateur Sports Clubs)
Maastricht University
Belgium 353 contributions 64014 visits
SA.38208: Member-owned golf clubs, UK* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That seven (...)

The European Commission finds measures offering free services to SMEs not to constitute State aid because they could not be reasonably expected to affect cross-border trade (Wirtschaftsbüro Gaarden)
Maastricht University
Belgium 353 contributions 64014 visits
Germany Scores a Hat-trick of Non-Aid Measures!* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That (...)

The EU Commission finds a measure allowing a rental agreement to accommodate medical practitioners at a preferential rate not to constitute State aid because its scope is too limited and there is no effect on trade between Member States (Medical centre in Durmersheim)
Maastricht University
Belgium 353 contributions 64014 visits
Germany Scores a Hat-trick of Non-Aid Measures!* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That (...)

The European Commission finds measures not to constitute State aid in the medical sector because, being of interest only for local patients, they did not effected trade between member States (Landgrafen - Klinik)
Maastricht University
Belgium 353 contributions 64014 visits
Germany Scores a Hat-trick of Non-Aid Measures!* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That (...)

The EU Commission finds a measure aimed at helping public hospitals not to constitute State aid because it did not affect the trade between member States (Hradec Králové Region)
Maastricht University
Belgium 353 contributions 64014 visits
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission holds that an incompatible aid can be recovered from an undertaking that continues some of the activities of an insolvent undertaking that received the aid (Termoelectrica / Electrocentrale Deva)
Maastricht University
Belgium 353 contributions 64014 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

Procedures

 The US Supreme Court holds that the Natural Gas Act did not “field” preempt state law antitrust claims for price fixing (Oneok / Learjet)
Wolters Kluwer (Riverwoods)
United States 78 contributions 38896 visits
Divided Supreme Court Allows State Law Antitrust Claims to Proceed Against Pipelines, Rejects Field Preemption Argument* In a decision that’s received relatively little attention, a divided U.S. Supreme Court earlier this week held that the Natural Gas Act (NGA) did not “field” preempt state (...)

The US Supreme Court holds that the Natural gas Act does not preempt State law antitrust claims (Oneok / Learjet)
Dechert (San Francisco)
United States 26 contributions 8968 visits
SCOTUS Holds Natural Gas Act Does Not Preempt State Law Antitrust Claims* In Oneok, Inc. v. Learjet, Inc., Case No. 13-271 (Apr. 21, 2015), the U.S. Supreme Court held that the Natural Gas Act did not preempt retail customers’ state law antitrust claims against interstate gas pipeline (...)

The UK Supreme Court decides on the recovery of penalties from directors and employees, setting the scene for a fresh challenge to the Safeway Stores decision (Jetivia / Bilta)
Blackstone Chambers (London)
United Kingdom 23 contributions 5801 visits
Recovering penalties from directors and employees: Safeway revisited* Can a company which has been fined for anticompetitive conduct seek to recover the fine from the directors and employees responsible by suing them for damages? The question is moot in light of last week’s Supreme Court (...)

The Dutch Competition Authority sets priorities in relation to vertical restraints
Simmons & Simmons (Brussels)
Belgium 21 contributions 15847 visits
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Euroclear (Brussels)
Belgium 7 contributions 1435 visits
An ACM policy paper provides insight into its strategy and enforcement priorities with regard to vertical agreements between suppliers and buyers. In brief The Dutch Authority for Consumers and Markets (ACM) has published a policy paper setting out its view on vertical agreements. When (...)

The Czech Supreme Administrative Court clarifies rules for determining limitation period for imposition of fines for continuous offences (Price Plans)
Skils (Prague)
Czech Republic 34 contributions 25968 visits
On 15 April 2015, the Supreme Administrative court cancelled the previous judgment of the Regional Court in Brno which rejected claim against penalty imposed upon O2 Czech Republic (or rather its predecessor) for an abuse of dominant position. Both judgments relate to a case with long history (...)

The French Competition Authority updates its leniency program
Siemens (New York)
United States 21 contributions 7589 visits
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Patterson Belknap Webb & Tyler (New York)
United States 1 contribution 243 visits
The French Competition Authority Updates its Leniency Program* Last month, the French Competition Authority (“the Authority”) updated the “Procedural Notice” for its leniency program. (Click here for the 2015 version of the Notice in French and here for the 2009 version of the Notice in (...)

The EU Court of Human Rights rules that French dawn raids breached fundamental rights (Vinci / GTM)
JPTT-Vitale (Paris)
France 177 contributions 374223 visits
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White & Case (Brussels)
United States 21 contributions 24374 visits
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White & Case (Brussels)
Belgium 50 contributions 37809 visits
The European Court of Human Rights (the “ECtHR”) has ruled in the Vinci case that the circumstances surrounding the electronic removal of documents and computer files during a dawn raid violated two companies’ privacy rights enshrined in the European Convention on Human Rights (“ECHR”) . The (...)

The EU Court of Human Rights rules that dawn raids carried out at the premises of two companies by the French Department for Competition, Consumer Protection and Fraud violates both the rights of defense and the right to privacy (Vinci / GTM)
Jones Day (Paris)
France 12 contributions 26989 visits
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Jones Day (Brussels)
Belgium 28 contributions 8503 visits
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Jones Day (Paris)
France 30 contributions 25333 visits
The European Court of Human Rights (ECtHR) recently ruled that dawn raids carried out at the premises of two French construction companies by the DGCCRF (French Department for Competition, Consumer Protection and Fraud) violated both the rights of defense and the right to privacy, due to (...)

Regulatory

 The Mexican Competition Authority issues an opinion concerning the transport regulation in the State of Tlaxcala
Mexican Competition Authority (Mexico City)
Mexique 133 contributions 25936 visites
COFECE recommends that the State of Tlaxcala review its transportation regulation* The Federal Economic Competition Commission (COFECE) issued an ex-officio opinion for the Tlaxcala State Government and its local Congress to review the State’s Communications and Transport Law (CTL), its (...)

The Russian Competition Authority completes its study of small wholesale gasoline markets
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55681 visites
FAS completed a study of small wholesale gasoline markets* The Federal Antimonopoly Service completed a study of small wholesale gasoline markets. The study was conducted to execute FAS 2013-2014 Action Plan on analyzing the state of competition on the markets. The Action Plan determined (...)