April 2019

General antitrust

 The International Competition Network announces a new set of principles with a view to making antitrust enforcement across jurisdictions more transparent, predictable and consistent
Norton Rose Fulbright (London)
United Kingdom 4 contributions 862 visits
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Norton Rose Fulbright (London)
Royaume-Uni 2 contributions 54 visites
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Norton Rose Fulbright (London)
Royaume-Uni 2 contributions 54 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. One of the most significant challenges facing companies dealing with the proliferation of global competition regimes is inconsistencies in approach, timelines, (...)

Anticompetitive practices

 The EU Commission accepts remedies proposed by two financial services companies to cut inter-regional interchange fees (Mastercard / Visa)
DG COMP (Brussels)
Belgium 749 contributions 1571722 visits
Antitrust: Commission accepts commitments by Mastercard and Visa to cut inter-regional interchange fees* The European Commission has made commitments offered by Mastercard and Visa legally binding under EU antitrust rules. The companies will significantly reduce (on average by around 40%) (...)

The EU Commission accepts commitments from two companies on inter-regional interchange fees in the card payments market (Visa / Mastercard)
Bird & Bird (Brussels)
Belgium 39 contributions 6493 visits
On 29 April 2019, the European Commission ("EC") announced the adoption of two decisions against Visa and Mastercard, which make binding on Visa and Mastercard commitments that both card schemes have given for a gradual reduction of some of their interchange fees (See press releasehere - Visa (...)

The Czech Competition Authority fines four competitors operating on the grant consultancy market for bid-rigging in public procurement (RPSC / RENARDS / EUNICE / Erste Grantika Advisory)
Bird & Bird (Prague)
Czech Republic 21 contributions 1779 visits
On the 26 April 2019, the Office for the Protection of Competition ("Office") adopted its first-instance decision regarding four competitors operating on the grant consultancy market. In its decision, the Office imposed fines amounting to CZK 1,883,000 (approx. EUR 73,000) on the four (...)

The UK Competition Authority secures the disqualification of two former director having participated to a cartel aimed to fix or coordinate prices and share out the market for certain pre-cast concrete drainage products (PM / Stanton Bonna / FP McCann)
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 196 contributions 36273 visits
Construction cartel directors disqualified* The CMA has secured the disqualification of 2 former directors of CPM Group Ltd following CPM’s admission that it breached competition law. The move follows the Competition and Market Authority’s (CMA) statement of objections issued on 13 December (...)

The Hungarian Competition Authority fines five companies for bid rigging in the solar panel installing market (Solar Panel cartel)
Bird & Bird (Budapest)
Hongrie 17 contributions 834 visites
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Bird & Bird (Budapest)
Hungary 16 contributions 812 visits
The Hungarian Competition Authority ("GVH") unveiled a bid rigging cartel and imposed the maximum fines statutorily possible on the five solar panel installing companies involved. In the frame of the EU funded Environment and Energy Operative Program ("KEOP") published by the Ministry of (...)

The Hungarian Competition Authority fines solar battery producers for coordinating prices (Alter Energetikai Iroda Tudományos / Szolgáltató / Megújuló Energiapark Kutatóközpont / Új Irány Energetika / LKM.HU Service / Havrilla-Ép Építőipari Szolgáltató)
Hungarian Competition Authority (Budapest)
Hungary 58 contributions 9886 visits
The GVH fines solar battery producers for cartel activity* The Gazdasági Versenyhivatal (the Hungarian Competition Authority, GVH) established that five undertakings had infringed competition law when they shared 26 EU funded projects among themselves relating to the production of solar power (...)

The Italian Competition Authority fines several companies for bid-rigging in the context of tenders for the assignment of broadcasting rights of football matches in tournaments organized by the Italian football league (MP Silva / IMG / B4 Capital)
Italian Competition Authority (Rome)
Italie 44 contributions 8365 visites
ICA: agreement on tenders for the assignment of international rights to football on TV. MP Silva, IMG and B4 Capital fined 67 million Euros* On April 24 the Italian Competition Authority concluded an investigation, ascertaining a violation of art. 101, paragraph 1, of the Treaty on the (...)

The French Competition Authority rejects a referral denouncing an agreement between companies responding to a tender for the extension of the tramway network (Communauté urbaine de Bordeaux)
French Competition Authority (Paris)
France 607 contributions 241082 visits
Extension of the Bordeaux tram* The Autorité de la concurrence rejects the referral filed by the communauté urbaine de Bordeaux (Bordeaux metropolitan area) in the absence of solid evidence. The complaint lodged by the communauté urbaine de Bordeaux The communauté urbaine de Bordeaux (CUB), now (...)

The Paris Court of Appeal delivers the first judgement on FRAND terms and applies the French legislation implementing the trade secrets directive (Conversant / LG)
Van Bael & Bellis (Brussels)
Belgium 92 contributions 19970 visits
On 16 April 2019, the Paris Court of Appeal delivered a judgment in Conversant v. LG, a case dealing with the concept of licensing under fair, reasonable and non-discriminatory (“FRAND”) terms. While the court did not set a much-anticipated FRAND royalty rate, the case is noteworthy because of (...)

The Estonian Competition Authority opens criminal proceedings to investigate a possible restriction of competition in the agricultural equipment market
Estonian Competition Authority (Tallinn)
Estonia 4 contributions 455 visits
Authority conducts criminal proceedings for investigating a possible restriction of competition in companies selling agricultural equipment* In the framework of a criminal case concerning a possible restriction of competition, the Competition Authority carried out searches at the premises of (...)

The Portuguese Competition Authority fines two companies and one of its managers for participating in a horizontal agreement in the railway maintenance services sector (Mota-Engil / Engenharia e Construção)
Portuguese Competition Authority (Lisbon)
Portugal 66 contributions 16734 visites
AdC sanctions an undertaking and its manager for anticompetitive practices in the sector of railway maintenance services* The AdC imposed fines totalling 906.485,58 euros on Mota-Engil – Engenharia e Construção, S.A., and one of its managers, for participating in a horizontal agreement (cartel), (...)

The Latvian Competition Authority fines companies involved in bid-rigging on the market of supply of nanotechnology chemicals (Rīgas satiksme / Sava arhitektūra)
Konkurences padome (Riga)
Latvia 91 contributions 15091 visits
The CC fines the companies involved in bid-rigging in price quotations on supply of nanotechnology chemicals* On 12 April, the Competition Council of Latvia (the CC) detected a prohibited agreement implemented by six applicants and supported by the municipal passenger carrier SIA “Rīgas (...)

The Croatian Competition Authority opens a proceeding against a soft drink company having potentially concluded an agreement containing exclusive purchasing obligations (Coca-Cola Hrvatska)
Croatian Competition Agency (Zagreb)
Croatie 68 contributions 11116 visites
CCA opens administrative proceeding against Coca-Cola Hrvatska* The Croatian Competition Agency opened an ex-officio infringement proceeding with the view to establishing whether the company Coca-Cola HBC Hrvatska d.o.o. from Zagreb had concluded a prohibited agreement and had been engaged in (...)

The French Competition Authority carries out unannounced inspections in the wine and spirits sector
French Competition Authority (Paris)
France 607 contributions 241082 visits
Dawn raids* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the wine and spirits sector. Following authorisation from the liberty and custody judge, the investigation services of the Autorité de la concurrence have raided (...)

The Spanish Competition Authority fines €57.71 million three tobacco companies and their distributor for participating in an exchange of commercially sensitive information (Philip Morris / Altadis / JT international)
Bird & Bird (Madrid)
Spain 21 contributions 975 visits
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Ecija & Asociados
Spain 19 contributions 913 visits
On 10 April 2019, the Spanish Competition Authority ("CNMC") fined three of the world’s largest tobacco companies - Philip Morris, Altadis and JT International – and their common distributor, Logista – with 57.71 million EUR for participating in an exchange of commercially sensitive information in (...)

The Spanish Competition Commission fines tobacco manufacturers for an anticompetitive exchange of strategic information (Philip Morris / Altadis / JT International Iberia / Logista)
Callol, Coca & Asociados (Madrid)
Spain 126 contributions 35750 visits
The Spanish National Markets and Competition Commission (NMCC) has fined Spain’s main tobacco manufacturers, Philip Morris, Altadis, JT International Iberia, as well as wholesaler Logista for an anticompetitive exchange of strategic information. Logista facilitated immediate access to its daily (...)

The Mexican Competition Authority announces investigations in the corn flour market for possible anticompetitive practices (Investigations in the corn flour market)
Mexican Competition Authority (Mexico City)
Mexico 80 contributions 14704 visits
COFECE probes national market for corn flour for possible anticompetitive practices* • The investigation should not be construed as a prejudgment, but as the authority’s verification of compliance with the Federal Law on Economic Competition. • The corn flour industry has sales for more than 24 (...)

The UK Competition Authority launches an investigation into online gaming companies’ roll-over contracts
Simmons & Simmons (London)
United Kingdom 2 contributions 903 visits
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Simmons & Simmons (London)
United Kingdom 16 contributions 8140 visits
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Simmons & Simmons (London)
United Kingdom 7 contributions 6474 visits
The UK Competition and Markets Authority (CMA) announced on 05 April 2019 that it is launching an investigation into online gaming companies’ use of auto-renewal, cancellation, and refund policies in relation to online services. The investigation is being conducted using the CMA’s consumer (...)

The EU Commission sends statements of objections to an American video game developer and five videogame publishers for “geo-blocking” of PC video games (Valve / Focus Home / Koch Media / ZeniMax / Bandai Namco / Capcom)
DG COMP (Brussels)
Belgium 749 contributions 1571722 visits
Antitrust: Commission sends Statements of Objections to Valve and five videogame publishers on “geo-blocking” of PC video games* The European Commission has informed Valve, owner of the “Steam” video game distribution platform, and five videogame publishers, of its preliminary view that the (...)

The EU Commission sends statements of objections to three car manufacturers for restricting competition on emission cleaning technology (BMW / Daimler / VW)
DG COMP (Brussels)
Belgium 749 contributions 1571722 visits
Antitrust: Commission sends Statement of Objections to BMW, Daimler and VW for restricting competition on emission cleaning technology* The European Commission has informed BMW, Daimler and VW (Volkswagen, Audi, Porsche) of its preliminary view that they have breached EU antitrust rules from (...)

The EU Commission sends a statement of objections regarding alleged geo-blocking of PC video games (Valve / Focus Home / Koch Media / ZeniMax / Bandai Namco / Capcom)
Van Bael & Bellis (Brussels)
Belgium 151 contributions 44744 visits
On 5 April 2019, the European Commission announced via a press release that it had sent Statements of Objections to Valve – the owner of the ‘Steam’ video game distribution platform – and five video game publishers (Bandai Namco, Capcom, Focus Home, Koch Media and ZeniMax) concerning their alleged (...)

The Danish Competition Authority announces that 45 retail and online stores received injections to remove all illegal payment-card fees that were charging on consumers
Bird & Bird (Copenhagen)
Danemark 27 contributions 1783 visites
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Bird & Bird (Copenhagen)
Denmark 22 contributions 1209 visits
On 5 April 2019, the Danish Competition and Consumer Authority ("Authority") announced that 45 retail and online stores (including pharmacies, shops, cafés, restaurants and online stores) have received injunctions from the Authority to remove all illegal payment-card fees they were charging (...)

Unilateral Practices

 The Shanghai Market Regulation Bureau fines a chemical firm for abuse of dominance (Eastman)
AnJie Law (Beijing)
China 34 contributions 10373 visits
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AnJie Law (Beijing)
China 6 contributions 637 visits
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AnJie Law (Beijing)
Chine 1 contribution 206 visites
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Chemical Giant Eastman is Slapped with a Fine for Abuse of Market Dominance in China* China’s competition watchdog SAMR made a penalty decision, adopted by its Shanghai branch Shanghai Market Regulation Bureau (“SMRB”), publicized on its official website1 on April 29, 2019, right before the (...)

The French Competition Authority dismisses a case in which a company denounced the discount and matching practices implemented by its rival in the market of television advertising (M6 / TF1)
French Competition Authority (Paris)
France 607 contributions 241082 visits
Television advertising* Following the referral of M6 regarding practices of TF1 Publicité, the Autorité de la concurrence dismisses the case. The complaint of M6 regarding TF1 Publicité In its referral, M6 denounced the discount and matching practices implemented by TF1 Publicité in the (...)

The US FTC sues e-prescriptions company in rare monopolization case (Surescripts)
Jones Day (Washington DC)
United States 3 contributions 729 visits
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Jones Day (Washington DC)
United States 5 contributions 784 visits
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Jones Day (Chicago)
United States 7 contributions 1515 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In Short The Situation: The Federal Trade Commission ("FTC") recently filed a rare monopolization case, alleging that a health information technology company (...)

The Cyprus Competition Authority rejects a complaint from a company operating in the distribution and sale of dairy products concerning alleged abuse of dominance and economic dependence (Palmerco / Detelina)
Trojan Economics (Nicosia)
10 contributions 1195 visits
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Stephanie Theodotou Lawyer (Cyprus)
9 contributions 1148 visits
Introduction On 16 April 2019 the Cyprus Commission for the Protection of Competition (“CPC”) rejected, by majority, a complaint filed by Palmerco Ltd (“Complainant”) on 17 February 2015. The complaint concerned an abuse of a dominant position by Detelina Dairy Ltd (“Respondent”) as well as an (...)

The Indian Competition Authority finds that a company abused its dominant position by requiring device manufacturers wishing to pre-install apps to adhere to a compatibility standard (Google Android)
Shardul Amarchand Mangaldas (New Delhi)
Inde 42 contributions 9815 visites
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Shardul Amarchand Mangaldas (New Delhi)
India 45 contributions 11678 visits
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Shardul Amarchand Mangaldas (New Delhi)
Inde 45 contributions 10481 visites
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Following a complaint made by a number of users of smartphones using the Android operating system, the CCI prima facie found that Google was dominant in the market for licensable smart mobile device operating systems in India and had abused its dominant position by requiring device (...)

The Indian Competition Authority orders a probe against a multinational technology company for abusing of its dominant position (Google)
Gujarat National Law University (Gandhinagar)
Inde 2 contributions 486 visites
COMPETITION COMMISSION OF INDIA STRIKES ANOTHER BLOW TO GOOGLE FOR ABUSE OF DOMINANT POSITION* On 16th April 2019, the Competition Commission of India (CCI) ordered a probe against the multinational technology company, Google, for abusing its dominant position in clear violation of Section 4 (...)

The Dutch Competition Authority publishes its final report on the market study into mobile app stores and simultaneously opens an investigation into potential abuse of dominance (Apple)
Bird & Bird (The Hague)
Netherlands 23 contributions 2467 visits
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Bird & Bird (Amsterdam)
Netherlands 30 contributions 3915 visits
On 11 April 2019 the Dutch competition authority ("ACM") published its findings on the ACM market study into mobile app stores ("Market Study"). ACM conducted the Market Study in order to gain more insight into how app providers are able to offer their apps in app stores and what influence app (...)

The Italian Competition Authority opens an antitrust investigation against a major e-commerce company for alleged abuse of dominance (Amazon)
Giannino SI (Monserrato)
Italy 140 contributions 120313 visits
The Italian Competition Authority (ICA) has opened an Article 102 TFEU investigation against several undertakings belonging to the Amazon group in the FBA case. The targets of the ICA investigation are Amazon Services Europe (ASE), Amazon Europe Core (AEC), Amazon EU (AEU), Amazon Italia (...)

The High Court of Delhi challenges the constitutional validity of provisions of the Competition Act on a complaint by a car manufacturer accused of abusing its dominant position (Mahindra & Mahindra)
Shardul Amarchand Mangaldas (New Delhi)
Inde 46 contributions 10840 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 37 contributions 8177 visites
On 10 April 2019, a Division Bench of the High Court of Delhi pronounced its judgment in Mahindra & Mahindra v. Competition Commission of India, which challenged the constitutional validity of a number of provisions of the Competition Act, 2002 (Competition Act). In addition to holding the (...)

The Hungarian Supreme Court annuls the Competition Authority’s decision which fined a company for having applied a discount scheme leading to dual pricing on the contact lenses market (Alcon)
Bird & Bird (Budapest)
Hongrie 17 contributions 834 visites
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Bird & Bird (Budapest)
Hungary 16 contributions 812 visits
The Hungarian Supreme Court ("Kúria") annulled on 10 April 2019 a decision of the Hungarian Competition Authority ("GVH") which had imposed a € 321,000 fine on Alcon Hungária Kft. and Alcon Services AG Hungarian branch (jointly, the "Alcon Companies") for having applied a discount scheme leading (...)

The Italian Competition Authority investigates five companies of an e-commerce group for alleged abuse of a dominant position (Amazon)
Bird & Bird (Rome)
Italy 22 contributions 1684 visits
On April 10 2019, the Italian Competition Authority ("AGCM") launched an investigation against five companies of the Amazon Group, namely Amazon Services Europe S.à r.l., Amazon Europe Core S.à r.l., Amazon EU S.à r.l., Amazon Italy Services S.r.l. and Amazon Italy Logistics S.r.l., for an alleged (...)

The EU Commission publishes its report in order to identify implications for competition policy wrought by technological changes affecting markets and consumers
Bird & Bird (Brussels)
Belgium 39 contributions 6493 visits
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Bird & Bird (Brussels)
Belgique 1 contribution 68 visites
Does access to data require a new approach in antitrust aftermarket cases? In an era where data is the new "oil" turning the wheels of the digital economy, antitrust law may need to take a new approach in order to harness the flow of this most valuable commodity. The issue of access to data (...)

The Higher Regional Court of Düsseldorf upholds a decision of the German Competition Authority prohibiting exclusivity clauses in the event ticketing market (CTS Eventim)
Van Bael & Bellis (Brussels)
Belgium 189 contributions 56718 visits
On 3 April 2019, the Higher Regional Court of Düsseldorf (the “Court”) upheld a 2017 decision of the Federal Cartel Office (“FCO”) prohibiting exclusivity clauses in the event ticketing market. In a large number of its contracts with event organisers, ticketing service provider CTS Eventim used (...)

Mergers

 The French Competition Authority clears a merger, subject to remedies, in the public passenger transport markets (RATP Dev / Keolis)
French Competition Authority (Paris)
France 607 contributions 241082 visits
Future connection Gare de l’Est - Paris-Charles de Gaulle Airport* The Autorité de la concurrence clears, subject to conditions, the creation by RATP Dev and Keolis of a joint undertaking for the operation of CDG Express On 29 November 2018, the companies RATP Dev and Keolis notified the (...)

The UK Competition Authority prohibits a merger between two supermarket retailers after finding it would lead to increased prices in stores, online and at many petrol stations (Sainsbury’s / Asda)
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 196 contributions 36273 visits
CMA blocks merger between Sainsbury’s and Asda* The CMA has blocked the Sainsbury’s / Asda merger after finding it would lead to increased prices in stores, online and at many petrol stations across the UK. In its final report, published today, the Competition and Markets Authority (CMA) found (...)

The Ukrainian Competition Authority imposes a fine of EUR 1.8 million for ’gun jumping’ in a merger in the heavy industry sector, and does not clear the transaction due to economic sanctions on the seller’s beneficiary (TAS / Dniprometyz)
Redcliffe Partners (Kyiv)
Ukraine 7 contributions 7571 visits
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Redcliffe Partners (Kyiv)
Ukraine 3 contributions 731 visites
The facts of the case On 8 November 2017, Devisal Limited, a Cyprus subsidiary of the financial/industrial group TAS (the "TAS Group"), filed a merger filing requesting the Antimonopoly Committee of Ukraine (the "AMC") to approve the acquisition of a controlling stake in the Private Joint (...)

The Ukrainian Competition Authority imposes a record-breaking fine of EUR 1.9 million for failure to obtain merger clearance for a notifiable concentration in the heavy industry sector, despite also finding that it did not raise any competition concerns (DCH group / Dnipro Metallurgical Plant / Evraz group)
Redcliffe Partners (Kyiv)
Ukraine 7 contributions 7571 visits
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Redcliffe Partners (Kyiv)
Ukraine 3 contributions 731 visites
The facts of the case On 6 March 2018, SENALIOR INVESTMENTS LIMITED, a Cyprus subsidiary of the DCH group (the "DCH Group", the "Acquirer’s Group") indirectly acquired a controlling stake in Private Joint Stock Company "Dnipro Metallurgical Plant" ("DMP", the "Target"), a Ukrainian plant, (...)

The French Competition Authority informs that the decree regarding the simplification of the national merger control procedure is entered into force
French Competition Authority (Paris)
France 607 contributions 241082 visits
Modernization of merger control* The decree regarding the simplification of the national merger control procedure to the Autorité de la concurrence entered into force On 20 April 2019, the decree regarding the simplification of the national merger control procedure to the Autorité de la (...)

The Spanish Competition Commission clears a merger in the healthcare industry subject to extensive remedies (Quirón Group / Santa Cristina Clinic)
Spanish Competition Authority (Madrid)
Spain 38 contributions 5730 visits
The CNMC approves the Quirón Group’s acquisition, with a complete package of commitments, of the Santa Cristina Clinic in Albacete*The merger is approved following intense work in the second phase and a complete package of commitments, which was subjected to successive market tests with its (...)

The French Government adopts a decree introducing several measures in order to modernise and simplify the merger notification to the French Competition Authority
Bird & Bird (Paris)
France 20 contributions 1088 visits
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Bird & Bird (Paris)
France 20 contributions 1111 visits
On 18 April 2019, the French government adopted a decree ("Decree") introducing several measures aimed at modernizing and simplifying the notification of mergers to the French Competition Authority ("FCA"). The Decree, which came into force on 21 April 2019, has been preceded by a public (...)

The Turkish Competition Authority approves the acquisition of a manufacturing company subject to the commitments submitted to the EU Commission (Nidec / Embraco)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 101 contributions 34741 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 19 contributions 2395 visits
This case summary concerns an analysis of the Board’s Nidec/Embraco decision, regarding the acquisition of sole control over the compressor manufacturing business (“ Embraco ”) of Whirlpool Corporation (“ Whirlpool ”) by Nidec Corporation (“ Nidec ”). Within the scope of its preliminary review (Phase (...)

The Turkish Competition Authority approves the transaction concerning the acquisition of joint control over an airline company but gives a "no-go" to certain provisions of the transaction agreement (Air France / Virgin Atlantic)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 101 contributions 34741 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 19 contributions 2782 visites
This case summary concerns an analysis of the Board’s Air France/Virgin Atlantic decision, in which the Board evaluated the acquisition of joint control over Virgin Atlantic Limited (“ VAL ”) by Air France-KLM S.A. (“ AFKL ”), Virgin Group Holding Limited (“ Virgin Group ”), and Delta Air Lines, Inc. (...)

The Indian Competition Commission clears a merger, subject to remedies, in the electricity market (Larsen & Toubro/Schneider Electric)
Shardul Amarchand Mangaldas (New Delhi)
Inde 42 contributions 9815 visites
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Shardul Amarchand Mangaldas (New Delhi)
India 45 contributions 11678 visits
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Shardul Amarchand Mangaldas (New Delhi)
Inde 45 contributions 10481 visites
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The CCI cleared the proposed acquisition of the electrical and automation business of Larsen & Toubro (L&T) by Schneider Electric and MacRitchie Investments (the Acquirers) on foot of a package of behavioural remedies proposed by the Acquirers. After a lengthy investigation, the CCI (...)

The EU Commission approves a company as a suitable purchaser of several steel plants (Liberty House Group / ArcelorMittal)
DG COMP (Brussels)
Belgium 749 contributions 1571722 visits
Mergers: Commission approves Liberty House Group purchase of ArcelorMittal’s divestment businesses* The European Commission has approved, under the EU Merger Regulation, Liberty House Group as a suitable purchaser of several ArcelorMittal steel plants, sold under commitments made by (...)

The French Competition Authority innovates by analyzing the online and in-store sales of toys as a single market (Luderix International / Jellej Jouets)
French Competition Authority (Paris)
France 607 contributions 241082 visits
Distribution of toys* The Autorité de la concurrence innovates by analyzing the online and in-store sales of toys as a single market. The Autorité de la concurrence clears the acquisition of joint control of Luderix International (Picwic) by Jellej Jouets (Toys’R’Us) and by the undivided (...)

The Spanish Competition Authority authorizes the acquisition of a private hospital subject to behavioural commitments on the quality of the healthcare services (Clínica Santa Cristina)
Ramón y Cajal (Madrid)
11 contributions 3364 visits
Introduction On 12 April 2019 the Spanish Competition Authority (“CNMC”) authorized after a second phase review the acquisition of a private hospital located in the Spanish province of Albacete (Clínica Santa Cristina) by Quirón Group (the “Merger”), which is ultimately controlled by the global (...)

The EU Commission clears a merger, subject to remedies, in the market of speed refrigeration compressors (Nidec / Embraco)
DG COMP (Brussels)
Belgium 749 contributions 1571722 visits
Mergers: Commission approves Nidec’s acquisition of Embraco, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition by Nidec of Embraco, Whirlpool’s refrigeration compressor business. The approval is conditional on compliance with (...)

The EU Commission conditionally approves a merger to structural remedies in the refrigeration compressor business (Nidec / Embraco)
Van Bael & Bellis (Brussels)
Belgium 226 contributions 62029 visits
On 12 April 2019, the Commission conditionally approved the acquisition by Nidec of Embraco, Whirlpool’s refrigeration compressor business. Both Nidec and Embraco are leading global producers of refrigeration compressors. These are electro-mechanical devices used to lower the temperature of an (...)

The Bulgarian Competition Authority reviews its analysis and blocks a transaction initially not found to constitute a merger in the manufacturing of defence-related products sector (EMKO)
Tsvetkova Bebov Komarevski (Sofia)
9 contributions 3324 visites
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Tsvetkova Bebov Komarevski (Sofia)
3 contributions 432 visits
Follow-up: Bulgarian Commission for Protection of Competition blocks key transaction initially found not to constitute a concentration* In 2016, the Bulgarian Commission for Protection of Competition (“BCPC”) was notified for the intention of two of the biggest Bulgarian companies operating on (...)

The Ankara 9th Administrative Court orders a stay of execution on a port acquisition after the Competition Authority’s conditional clearance with behavioural remedies (Kumport)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 101 contributions 34741 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 6 contributions 1836 visits
Background Limar Liman ve Gemi İşletmeleri A.Ş. (“Limar”), which is controlled by Arkas Holding A.Ş. (“Arkas”) notified to the Turkish Competition Authority (the “Authority”) its acquisition of the sole control over Mardaş Marmara Deniz İşletmeciliği A.Ş. (“Mardaş” or the “Target”) operating the Ambarlı (...)

The Irish District Court in Dublin imposes a small charitable donation as punishment on a motor company which pled guilty in the country’s first criminal prosecution of gun jumping (Armalou Holdings)
McCann FitzGerald (Brussels)
Belgique 1 contribution 410 visites
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McCann FitzGerald (Dublin)
Irlande 5 contributions 1349 visites
A small charitable donation for gun-jumping* After an 18 month investigation involving officials from both the Competition and Consumer Protection Commission (“CCPC”) and Ireland’s Director of Public Prosecution, and a first-ever criminal prosecution, a company that gun-jumped Irish merger (...)

The EU Commission fines a multinational conglomerate company for providing incorrect information during the assessment of its merger (General Electric)
DG COMP (Brussels)
Belgium 749 contributions 1571722 visits
Mergers: Commission fines General Electric €52 million for providing incorrect information in LM Wind takeover* The European Commission has fined General Electric €52 million for providing incorrect information during the Commission’s investigation under the EU Merger Regulation of GE’s planned (...)

The EU Commission fines a company € 52 million for providing incorrect information during merger review (General Electric)
Van Bael & Bellis (Brussels)
Belgium 226 contributions 62029 visits
On 8 April 2019, the European Commission (“Commission”) imposed a fine of € 52 million on GE for negligently providing incorrect information to the Commission during the merger review of its acquisition of LM Wind. On 11 January 2017, GE notified its proposed acquisition of LM Wind to the (...)

The Hellenic Competition Authority clears an acquisition in the market of aluminium (Epalme / Mytilineos)
Kyriakides Georgopoulos Law Firm (Athens)
60 contributions 408 visites
MERGER CONTROL MYTILINEOS HOLDINGS S.A. - EP.AL.ME. S.A. HCC (682/2019) In November 2018, the “HCC, was called to clear the acquisition of 97.87% of the outstanding share capital of EP.AL.ME. S.A. (“EPALME”) by MYTILINEOS HOLDINGS S.A. (“MYTILINEOS”). With this acquisition, MYTILINEOS was (...)

State Aid

 The EU Commission approves under State aid rules a €385 million support for the production of electricity from renewable sources in Lithuania
DG COMP (Brussels)
Belgium 749 contributions 1571722 visits
State aid: Commission approves €385 million support for production of electricity from renewable sources in Lithuania* The European Commission has approved, under EU State aid rules, a scheme to support electricity production from renewable energy sources in Lithuania. The measure, open to all (...)

The French State Council concludes that three taxes assigned to an undertaking in the audiovisual and multimedia sector cannot be regarded as an integral part of an aid scheme on the basis that they represent a growing share of revenue which is not considered as having directly influenced the amount of aid granted (National Center for Cinema & Moving Image)
France Télévisions (Paris)
France 1 contribution 176 visits
The junction between the financing of cinema and audiovisual media and State aid law is at the origin of a case which, initially supposed to revolve around the notion of "alteration to existing aid", has come, after a contentious detour, to clarify what constitutes a tax measure hypothecated to (...)

The EU Commission concludes that the UK’s policy of giving multinational companies total or partial tax exemption for non-trading finance profits constitutes unlawful State aid
Baker Botts (London)
Royaume-Uni 2 contributions 76 visites
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Baker Botts (London)
United Kingdom 10 contributions 1848 visits
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Baker Botts (Brussels)
Belgique 21 contributions 11050 visites
Following an investigation opened in October 2017, the European Commission ("EC") has concluded that the UK’s policy (from 2013-2018) of allowing total or partial exemption for non-trading finance profits from the UK Controlled Foreign Company ("CFC") rules in part constituted unlawful State (...)

The EU Commission concludes that aspects of UK controlled foreign company rules constitute unlawful State aid
Morgan Lewis (London)
Royaume-Uni 1 contribution 41 visites
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Morgan Lewis (London)
Royaume-Uni 1 contribution 41 visites
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Morgan Lewis (London)
Royaume-Uni 4 contributions 1707 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The European Commission has published a summary of its findings in its state aid investigation into the U.K.’s controlled foreign company (CFC) finance company (...)

Procedures

 The Hong Kong Competition Authority publishes a cooperation and settlement policy to complement its existing leniency framework
Hong Kong Competition Commission
Hong Kong 23 contributions 3482 visits
The Commission has published a Cooperation and Settlement Policy for Undertakings Engaged in Cartel Conduct (Cooperation Policy) as a supplement to its existing Leniency Policy and Enforcement Policy. Under the Cooperation Policy, undertakings engaged in cartels (including price-fixing, (...)

The Hong Kong Competition Authority publishes the "cooperation policy" expanding its leniency program
Hogan Lovells (Hong Kong)
Hong Kong 2 contributions 708 visites
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Hogan Lovells (Hong Kong)
Hong Kong 2 contributions 708 visites
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Hogan Lovells (Beijing)
China 68 contributions 13596 visits
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On 29 April 2019, the Hong Kong Competition Commission (’HKCC’) published the Cooperation and Settlement Policy for Undertakings Engaged in Cartel Conduct (’Cooperation Policy’). In essence, the Cooperation Policy expands HKCC’s Leniency Policy, published in November 2015, just before the full (...)

The US Court of Appeals for the sixth circuit establishes test for determining whether the conduct of joint ventures should be analysed under the rule of reason test (The Medical Center at Elizabeth Place / Atrium Health System)
McDermott Will & Emery (Chicago)
United States 10 contributions 1861 visits
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McDermott Will & Emery (Washington)
United States 7 contributions 522 visits
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McDermott Will & Emery (Chicago)
United States 8 contributions 1581 visits
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A recent decision by the US Court of Appeals for the Sixth Circuit is important for competitors involved in joint ventures because it states what mode of antitrust analysis—the per se rule or the rule of reason—applies to the conduct of joint ventures when it is challenged as anticompetitive. The (...)

The Belgian Federal Parliament adopts an Act reforming the competition law introducing technical legislative improvements such as streamlining procedures, formalising existing administrative practices and updating terminology
Bird & Bird (Brussels)
Belgium 39 contributions 6493 visits
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Bird & Bird (Brussels)
Belgium 28 contributions 1381 visits
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Bird & Bird (Brussels)
Belgique 9 contributions 365 visites
On 25 April 2019, the Belgian Federal Parliament adopted an Act reforming Belgian competition law (please note that the version of the Act adopted by the Parliament is not public yet and our analysis below is based on the fact that no amendments have been adopted to the version which was (...)

The US Court of Appeals for the Sixth Circuit considers that activity in connection with a joint venture that is plausibly procompetitive is not subject to per se analysis or condemnation (The Medical Center at Elizabeth Place / Atrium Health System)
Orrick, Herrington & Sutcliffe (San Francisco)
United States 22 contributions 7527 visits
Plausible Pro-competitive Justifications Remove Joint Venture Restraints from the Per Se Rule* In The Medical Center at Elizabeth Place, LLC v. Atrium Health System, Case No. 17-3863 (6th Cir. Apr. 25, 2019), the Sixth Circuit held that activity in connection with a joint venture that is (...)

The UK Court of Appeal clarifies the collective proceeding regime in a private action against a credit card company (Merricks / MasterCard)
Blackstone Chambers (London)
United Kingdom 22 contributions 5108 visits
Merricks v MasterCard: Collective Actions Reinvigorated* The Court of Appeal today gave its much-anticipated judgment in the application to bring collective proceedings against MasterCard: see Merricks v MasterCard Incorporated and others [2019] EWCA Civ 674. It is a major victory for the (...)

The UK Court of Appeal confirms that the first claim under the UK’s flagship "opt-out" regime can proceed (Merricks / Mastercard)
Simmons & Simmons (London)
Royaume-Uni 1 contribution 2052 visites
The action is based on the EU Commission’s finding that MasterCard’s EEA multilateral interchange fees (MIFs) breached Article 101(1) TFEU (see here for further details). That finding was upheld by the European Court of Justice (on appeal by MasterCard) on 11 September 2014 (see our further (...)

The UK Court of Appeal overturns a Competition Appeal Tribunal’s decision in landmark collective action (Merricks / Mastercard)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 40285 visits
On 16 April 2019, the UK Court of Appeal ruled that the Competition Appeal Tribunal (“CAT”) had incorrectly refused to certify a major collective action brought against Mastercard. The collective action seeks approximately GBP 14 billion in damages on behalf of an estimated 46.2 million customers (...)

The UK Court of Appeal overturns a Competition Appeal Tribunal’s decision in favour of consumers in collective proceedings against a credit card company (Merricks / Mastercard)
Allegro Consulting (Brussels)
Belgique 2 contributions 604 visites
Walter Merricks v. Mastercard, Paving the Way for Economic Analysis in Class Actions* The England and Wales Court of Appeal has overturned the Decision of the United Kingdom Competition Appeals Tribunal (CAT) in the collective proceedings Walter Merricks v MasterCard, where final consumers are (...)

The UK Court of Appeal overturns a decision refusing a £14 billion class action against a financial services company (Merricks / MasterCard)
Hausfeld (London)
United Kingdom 4 contributions 489 visits
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Hausfeld (London)
Royaume-Uni 6 contributions 295 visites
On 16 April 2019, the UK Court of Appeal handed down what is undoubtedly the most significant ruling to date for the UK’s young collective actions regime. The Judgment in Merricks v Mastercard overturned the Competition Appeal Tribunal’s prior ruling refusing certification of Walter Merricks’ £14 (...)

The UK Court of Appeal overturns a Competition Appeal Tribunal’s decision refusing a £14 billion class action against a credit card company (Merricks / Mastercard)
Hausfeld (Washington)
États-Unis 6 contributions 7796 visites
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Hausfeld (New York)
États-Unis 9 contributions 1304 visites
Introduction Few would argue with the proposition that antitrust indirect purchaser class actions in the U.S. raise more difficult questions of commonality, impact, and manageability than direct purchaser class actions, even though there may have been harm sustained at both levels. Accordingly, (...)

The UK Court of Appeal grants the appeal by over 46 million consumers against a financial company in relation to alleged overcharging of interbank fees (Merricks / MasterCard)
Skadden, Arps, Slate, Meagher & Flom (London)
Royaume-Uni 26 contributions 13213 visites
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Skadden, Arps, Slate, Meagher & Flom (London)
Royaume-Uni 6 contributions 2608 visites
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 53 contributions 39242 visits
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. A recent Court of Appeal decision has reignited the prospects of a £14 billion class action against Mastercard. In a much-anticipated ruling, the court has granted (...)

The Indonesian Competition Authority publishes its regulation in the procedure for cases of monopolistic practices and unfair competition
Baker McKenzie (Jakarta)
Indonésie 1 contribution 196 visites
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Baker McKenzie (Jakarta)
Indonésie 1 contribution 196 visites
In mid-April 2019 the Business Competition Supervisory Commission (Indonesian acronym: KPPU) published its Regulation No.1 of 2019 on the Procedure for Cases of Monopolistic Practices and Unfair Competition (Regulation No.1 of 2019), replacing KPPU Regulation No. 1 of 2010 of the same name. (...)

The Delhi High Court finds constitutional validity of certain provisions of the Indian Competition Act (Shamsher Kataria)
KK Sharma Law Offices (New Dehli)
1 contribution 220 visites
During the pendency of case No. 03/2011 before the CCI, from which the present case arise, the opposite parties of case No. 03/2011 moved to the DHC to challenge constitutional validity of certain provisions of the Competition Act. By exercising its power of judicial review, the DHC held (...)

The International Competition Network adopts a tool of cooperation to identify the main principles guaranteeing procedural fairness in procedures that implement competition law
International Competition Network (ICN)
3 contributions 1703 visites
A new tool of international cooperation to boost procedural fairness* The International Competition Network (ICN), gathering 138 international competition authorities, has adopted a new tool of cooperation, the Framework on Competition Agency Procedures (thereafter the “CAP”). The CAP fully (...)

The EU General Court dismisses appeal against Commission’s request for information (Qualcomm)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 40285 visits
On 9 April 2019, the General Court (“GC”) dismissed the appeal lodged by Qualcomm against the Commission’s decision of 31 March 2017 requesting information in the context of an investigation against Qualcomm for alleged predatory pricing contrary to Article 102 of the Treaty on the Functioning of (...)

Regulatory

 The French Government issues an Ordinance amending the Commercial Code provisions relating to “transparency, competition-restricting practices and other prohibited practices”
LPA-CGR avocats
France 1 contribution 193 visites
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LPA-CGR avocats
France 1 contribution 193 visites
Ordinance No. 2019-359 dated 24 April 2019, art. 2 On 24 April 2019, the French Government issued an Ordinance No. 2019-359 amending the Commercial Code provisions relating to “transparency, competition-restricting practices and other prohibited practices”. Among the amended provisions, the (...)

The Mexican Competition Authority issues recommendations on a government housing assistance agency (Infonavit)
Mexican Competition Authority (Mexico City)
Mexico 80 contributions 14704 visits
COFECE issues recommendations on Infonavit public procurement regulations * • These recommendations are issued in response to the Institute’s request, which has publicly stated its goal of more efficient spending. • The regulations currently in force for the Institute’s acquisition of goods and (...)

The French Competition Authority launches consultations to prepare two new opinions on the freedom of establishment for bailiffs and judicial auctioneers
French Competition Authority (Paris)
France 607 contributions 241082 visits
Freedom of establishment for bailiffs and judicial auctioneers* In accordance with the Law of 6 August 2015 (also known as the « Macron Law »), the Autorité de la concurrence is launching public consultations to prepare two new opinions on the freedom of establishment for bailiffs and judicial (...)

The EU Parliament and Council release directive on unfair trading practices in B2B relationships in the agricultural and food supply chain
Havel, Holasek (Brno)
Czech Republic 10 contributions 3461 visits
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Havel, Holasek (Prague)
République tchèque 1 contribution 123 visites
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Havel, Holasek (Prague)
République tchèque 1 contribution 123 visites
Does the Directive on Unfair Trading Practices Change Anything? The Directive on unfair trading practices in business-to-business relationships in the agricultural and food supply chain has been adopted recently. For a long time, this sector has been on the radar of EU bodies, as sufficient (...)

The EU Commission publishes its regulation setting the CO2 emission performance standards for passenger cars and vans in the EU
Bird & Bird (Brussels)
Belgique 1 contribution 23 visites
Lawrence Freeman (Senior Counsel, Bird & Bird, Brussels and previously the European Counsel of Tesla, Inc.) reviews the new European vehicle CO2 emissions performance standards and the opportunities for manufacturers of electric vehicles that this entails. Unlike under the system in the (...)

The Australian Competition Authority enters into a cooperation agreement with the US FBI in order to enhance its efforts in detecting, investigations and prosecuting anticompetitive conduct
Bird & Bird (Sydney)
Australia 20 contributions 1528 visits
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Bird & Bird (Sydney)
Australia 26 contributions 1855 visits
In April 2019, Australia’s competition regulator, the Australian Competition and Consumer Commission ("ACCC"), entered into a Memorandum of Cooperation ("MoC") with the United States Federal Bureau of Investigation ("FBI") in order to enhance its efforts in detecting, investigating and (...)

The French Competition Authority delivers its opinion on the price increase system of notaries and court bailiffs in the overseas departments and regions
French Competition Authority (Paris)
France 607 contributions 241082 visits
"High living costs" in the French overseas departments and regions* In an opinion issued at the request of the French government, the Autorité examines the price increase system of notaries and court bailiffs in the overseas departments and regions. The Autorité suggests to review in depth the (...)

The German Competition Authority issues its final report on inquiry into comparison websites
German Competition Authority (Bonn)
Germany 322 contributions 65579 visits
Sector inquiry on comparison websites - Bundeskartellamt wants to terminate infringements of consumer rights and demands new competences* Today the Bundeskartellamt has published the final report on its inquiry into comparison websites. Andreas Mundt, President of the Bundeskartellamt: (...)

The EU Commission issues a report on syndicated loans and competition compliance
Norton Rose Fulbright (London)
United Kingdom 4 contributions 862 visits
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Norton Rose Fulbright (London)
Royaume-Uni 2 contributions 54 visites
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Norton Rose Fulbright (London)
Royaume-Uni 2 contributions 54 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Syndicated lending is a well-established and critical way of banks sharing risk in financing larger or riskier projects which a single lender is unable or (...)

The EU Commission publishes its final study on antitrust aspects in the EU loan syndication markets
Morgan Lewis (Frankfurt)
Germany 6 contributions 2274 visits
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Morgan Lewis (Frankfurt)
Allemagne 3 contributions 817 visites
In its recent assessment of the European loan syndication sector from an antitrust perspective, the European Commission did not find specific evidence or indication of any current antitrust infringements. However, the Commission and national competition authorities will likely closely monitor (...)

The EU Commission publishes its final study on antitrust aspects in the loan syndication markets
Simmons & Simmons (London)
United Kingdom 4 contributions 2011 visits
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Simmons & Simmons (London)
United Kingdom 7 contributions 6474 visits
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Simmons & Simmons (London)
United Kingdom 16 contributions 8140 visits
On 08 April 2019, the European Commission published its study into the syndicated lending market. The study was commissioned in April 2017, looking at syndicated lending in six Member States – the UK, Germany, France, the Netherlands, Poland and Spain. The aim of the study was to identify and (...)

The EU Commission publishes a review on loan syndication and its impact on competition in the credit markets
Herbert Smith Freehills (Sydney)
Australie 8 contributions 248 visites
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Herbert Smith Freehills (Sydney)
Australie 14 contributions 357 visites
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Herbert Smith Freehills (Melbourne)
Australie 7 contributions 270 visites
Competition and anti-competitive behaviour in financial services is a continuing focus of the Australian Competition and Consumer Commission (ACCC) and competition regulators worldwide. The European Commission, on 5 April 2019, published a long-awaited thematic review on loan syndication and (...)

The EU Commission publishes a report on competition policy for the digital era
Simmons & Simmons (London)
United Kingdom 16 contributions 8140 visits
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Simmons & Simmons (London)
United Kingdom 7 contributions 6474 visits
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Simmons & Simmons (London)
United Kingdom 4 contributions 2011 visits
On 04 April 2019, the European Commission (EC) published a report commissioned by the EU’s Competition Commissioner, Margrethe Vestager. The report looks at how competition policy should continue to evolve in the digital age and is written jointly by an economist, a lawyer and an engineer. The (...)

The EU Commission publishes the final report on competition policy for the digital era
Court of First Instance of Namur (Namur)
Belgium 224 contributions 40284 visits
On 4 April 2019, the European Commission published a special report commissioned by Commissioner Margrethe Vestager on how competition policy should evolve to continue promoting pro-consumer innovation in the digital age (“Competition Policy for the Digital Era”). The report is grounded in three (...)

The French Competition Authority delivers its opinion on the distribution of medicinal products and biomedical laboratories
French Competition Authority (Paris)
France 607 contributions 241082 visits
4 April: Distribution of medicinal products and biomedical laboratories: the Autorité delivers its opinion After several months of investigation and a large public consultation, the Autorité de la concurrence releases the findings of its healthcare sector inquiry. The medicinal product (...)

The EU Commission publishes a report on competition policy for the digital sector
Hogan Lovells (Brussels)
Belgium 7 contributions 2948 visits
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Hogan Lovells (Brussels)
Belgium 4 contributions 710 visits
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Hogan Lovells (Brussels)
Belgique 5 contributions 7031 visites
On 4 April 2019, the European Commission published the much anticipated Report Competition Policy for the digital era (hereinafter referred to as the "Report"). Authored by a panel of special advisers (all academics) appointed by Competition Commissioner, Margrethe Vestager, the Report explores (...)

The EU Commission publishes a report on competition policy for the digital era
Norton Rose Fulbright (Brussels)
Belgique 22 contributions 9497 visites
“Digital Era” Report Bolsters Commissioner Vestager’s Digital Legacy* On April 4, 2019, the European Commission published a report by Jacques Crémer, Yves-Alexandre de Montjoye, and Heike Schweitzer on competition policy for the digital era (the Digital Era Re port, or the Report), the culmination (...)

International

 Spain: The Spanish Commercial Court of Bilbao grants damages equivalent to 15% of the purchase price in a follow-on claim based on the European Commission decision in the truck cartel case (CNH Industrial NV, Iveco)
Baker McKenzie (Madrid)
Espagne 29 contributions 20827 visites
Based on the European Commission Decision in the truck cartel case (Case AT.39824 — Trucks), a Commercial Court of Bilbao has awarded damages to an unnamed claimant who had bought 17 trucks in the period of the cartel from CNH INDUSTRIAL NV and IVECO S.P.A. which were among the companies fined (...)

Spain: The Spanish Supreme Court confirms an extensive interpretation of the concept of “governing body” of an infringing legal person and finds no breach of fundamental rights in publishing the names of the managers fined in a decision of the competition authority (Mr. Cesar; Mr. Daniel)
Baker McKenzie (Madrid)
Espagne 29 contributions 20827 visites
In two recently issued judgments the Spanish Supreme Court upheld two judgments of the Audiencia Nacional confirming the fines imposed by a decision of the Spanish Competition Authority (“CNMC”) on two managers in a case regarding anticompetitive agreements in the market for railway turnouts. In (...)

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