August 2015

Anticompetitive practices

 The German Competition Authority condemns a manufacturer of running shoes for restricting the online sale activities of small and medium-sized authorised dealers (Asics)
German Competition Authority (Bonn)
Germany 447 contributions 113815 visits
Unlawful restriction of online sales of ASICS running shoes* The Bundeskartellamt has concluded its proceeding on anti-competitive clauses in the distribution system of ASICS Deutschland. The authority accuses ASICS of having restricted the online sales activities of small and medium-sized (...)

The Croatian Competition Authority accepts the commitments proposed by an undertaking in the market for the resale of pyrotechnic products (Orion)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19442 visits
CCA accepts committments made by Orion* The Croatian Competition Agency (CCA) accepted the commitments made by the undertaking Orion that will redress competition concerns and restore the normal competitive conditions in the resale of pyrotechnic products. Orion made the commitments on its (...)

The Croatian Competition Authority issues an opinion indicating that the decision of a town allowing advertising only to economic operators established in its territory contravenes with competition law (Town of Vodice)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19442 visits
In the Town of Vodice local municipality decision contravenes with Competition Act* The Croatian Competition Agency (CCA) addressed in its opinion the behaviour of the Town of Vodice and its decision under which with the consent of the Major it exceptionally allows provision of advertising (...)

The US Court of Appeals for the Ninth Circuit clarifies analysis of alleged hub-and-spoke conspiracies under the Sherman Act (J. Ramsey / NAMM)
Siemens (New York)
United States 21 contributions 7600 visits
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Patterson Belknap Webb & Tyler (New York)
United States 5 contributions 1494 visits
Ninth Circuit Clarifies Analysis of Alleged Hub-and-Spoke Conspiracies Under the Sherman Act* Yesterday, the Ninth Circuit issued an opinion affirming the dismissal of plaintiffs’ consolidated complaint in In re Musical Instruments and Equipment Antitrust Litigation. In addressing (...)

The UK Competition Authority fines an association of undertakings for anti-competitive information exchange and pricing agreements (Consultant Eye Surgeon Partnership)
European Commission - DG COMP (Brussels)
Belgique 4 contributions 1858 visites
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UK Competition & Markets Authority - CMA (London)
Royaume-Uni 1 contribution 692 visites
I. Background On 26 May 2013, the UK Competition Authority (the OFT at the time), received a complaint alleging concerns that Consultant Eye Surgeon Limited Liability Partnerships (“LLPs”), via their membership association CESP Limited (“CESP Ltd”), were agreeing prices and sharing prices (...)

The US FTC subjects to public comment the consent agreement proposed by two pharmaceutical companies that implemented an unlawful agreement not to compete (Concordia and Par)
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40371 visits
Pharmaceutical companies settle ftc charges of an illegal agreement not to compete, which resulted in higher prices for generic version of ADHD drug* Pharmaceutical companies Concordia Pharmaceuticals Inc. and Par Pharmaceutical, Inc. have settled FTC charges that they entered into an (...)

The Mexican Competition Authority issues a statement reminding economic agents of its strict policy on price fixing in the context of the Mexican peso’s recent depreciation
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26224 visits
COFECE shall be vigilant of coordination to fix prices* In the context of the Mexican peso’s recent depreciation, the Federal Economic Competition Commission (COFECE or Commission) would like to make the following statements: The Mexican Constitution and applicable legislation that establish (...)

The Moscow Arbitration Appeal Court confirms the bid-rigging decision pronounced by the Russian Competition Authority in the construction market (Vozrozhdenie)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55747 visits
Appeal Court pronounced legitimacy of the decision and fine on a bid-rigging case against the Commandant’s Office of the internal troops of the Ministry of Interior* On 17 August 2015, the 9th Arbitration Appeal Court dismissed the claim of “Vozrozhdenie” Construction Company” Ltd. and (...)

The US FTC publishes a statement of enforcement principles regarding “unfair methods of competition”
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40371 visits
FTC Issues Statement of Principles Regarding Enforcement of FTC Act as a Competition Statute* Frames Agency’s Use of ‘Stand Alone’ Section 5 Authority to Address Unfair Methods of Competition The Federal Trade Commission has issued a Statement of Enforcement Principles that describes the (...)

The US FTC issues a policy statement describing the enforcement principles that guide the agency’s exercise of its authority to prosecute unfair methods of competition
Fenwick & West (Washington)
États-Unis 2 contributions 146 visites
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Freshfields Bruckhaus Deringer (Washington)
États-Unis 3 contributions 677 visites
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Freshfields Bruckhaus Deringer (Washington)
United States 3 contributions 205 visits
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On August 13, 2015, the Federal Trade Commission (FTC or the Commission) issued a policy statement describing the enforcement principles that guide the agency’s exercise of its authority to prosecute “unfair methods of competition” under Section 5 of the FTC Act. The bipartisan statement (...)

The Moscow Arbitration Court confirms a cartel on the market of wholesale supplies of table salt legitimacy (TDS)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55747 visits
Cassation Court confirmed a cartel on the market of wholesale supplies of table salt legitimacy* Arbitration Court of the Moscow District confirmed legitimacy of the decision of the Federal Antimonopoly Service on a cartel case on the market of wholesale supplies of table salt and upheld the (...)

The Portuguese Competition Authority fines several tenderers for bid rigging in the market for supply of pre-fabricated modules (Elevatrans)
Portuguese Competition Authority (Lisbon)
Portugal 115 contributions 28865 visits
The PCA sanctions five undertakings for anticompetitive practices in public tenders for the supply of pre-fabricated modules to Parque Escolar * Undertakings collaborate and renounce the right to judicial review The Portuguese Competition Authority (PCA) sanctioned the undertakings Algeco (...)

The Hellenic Competition Authority accepts commitments from petrol product suppliers regarding long term exclusive cooperation agreements with petrol stations (BP Hellas / Shell Hellas)
Ernst & Young (Athens)
Grèce 6 contributions 2611 visites
By its decision No. 602/11.08.2015, the Hellenic Competition Commission (the “HCC”) unanimously accepted the commitments offered by nine (9) petrol product suppliers, to cease presumed violations of Art. 1 L. 703/77 and Art. 101 TFEU. This decision (the “HCC decision”), which was the first HCC (...)

The Dutch Competition Authority fines two natural-vinegar manufacturers for cartel agreement (Kühne / Burg)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35137 visits
ACM fines natural-vinegar manufacturers for cartel agreement* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines on two manufacturers of natural vinegar (also known as white or distilled vinegar), which are Kühne and Burg, for having made cartel arrangements. Burg is (...)

The Croatian Competition Authority concludes that an association of insurers and its members did not breach competition law when deciding to temporarily revoke the power of one member to issue motor insurance certificates (Croatian Insurance Bureau / Generali Insurance)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19442 visits
Association of insurers and insurance companies did not breach competition law* In the proceedings the Croatian Competition Agency carried out against the association of insurance companies and 12 undertakings who are its members no evidence was found that the decision to revoke the power of (...)

The Moscow Arbitration Court supports the Russian Competition Authority position concerning a cartel case involving the Ministry of transport and a company (MIIT)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55747 visits
Cassation Court fully supported FAS position on a cartel case against the Ministry of Transport and MIIT* Arbitration Court of Moscow District upheld the ruling of the 9th Arbitration Appeal Court that pronounced legitimacy and reasonableness of the decision of the Federal Antimonopoly (...)

The Hungarian Competition Authority imposes a procedural fine against a company refusing to communicate accurate data to calculate a fine for an infringement (Cemex)
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 19130 visits
A procedural fine of HUF 20 million for Cemex* The Competition Council of the Hungarian Competition Authority (GVH) imposed a procedural fine of HUF 20 million on Cemex Hungária Epítőanyagok Kft. (Cemex) because the undertaking failed to provide accurate data to the GVH to enable it to (...)

Unilateral Practices

 The Russian Competition Authority welcomes the payment of the fine imposed on an electricity provider for abuse of dominance (Gorelektroset)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55747 visits
Novokuznetsk Electric Grid Company – “Gorelektroset” paid a 2-million fine* “Gorelektroset” Ltd. notified the Office of the Federal Antimonopoly Service in the Kemerovo region (Kemerovo OFAS Russia) about paying the 2-million fine. In April 2014 Kemerovo OFAS Russia found that the company (...)

The Mauritius Competition Authority places two mobile operators under scrutiny for alleged discriminatory pricing policy (Emtel / Orange)
Wallonia-Brussels Trade Commission - AWEX (Johannesburg)
Afrique du Sud 8 contributions 2737 visites
Mauritius Competition watchdog places mobile operators under scrutiny* Investigation by the CCM into allegedly discriminatory mobile pricing policies by the two main operators in the island nation of about 1.2 Million. On 27 August 2015, the Competition Commission of Mauritius (“CCM”) (...)

The German Competition Authority condemns an athletic equipment company for restricting the online sales of its small and medium-sized authorized dealers (Asics)
Ashurst (Milan)
Italy 102 contributions 29550 visits
Germany’s Federal Cartel Office finds ASICS’ restrictions of online sales illegal* On 27 August 2015, the Federal Cartel Office (“FCO”) concluded its proceedings concerning certain anticompetitive restrictions in the distribution system of ASICS Deutschland (“ASICS“), and found that ASICS (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against an agent distributing academic journals, finds that agent is not dominant in the national market (Global Information Systems Technology)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42180 visits
CCI dismisses case against agent of global academic journal publishers in India* CCI by its order dated August 25, 2015 has dismissed a case against Global Information Systems Technology Pvt. Ltd. (GIST) for alleged abuse of dominance. It was alleged that the All India Council for Technical (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a supplier of branded sanitary ware and bathroom fittings because the defendant is not a dominant firm in the relevant market (Jaguar)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42180 visits
CCI dismissed case against sanitary ware-maker Jaquar* CCI by its order dated August 20, 2015 dismissed case against Jaquar & Co. Pvt. Ltd. for alleged abuse of its dominant position and entering into anti-competitive agreements with its dealers in Jaipur. The Informant alleged that (...)

The Russian Competition Authority welcomes the payment of a fine imposed on a heat supplier for abuse of dominance (Sverdlovsk)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55747 visits
Sverdlovsk heat supplier paid a 4-million RUB fine* “Sverdlovsk Heat Supplier” Ltd. (“STK” Ltd.) notified the Office of the Federal Antimonopoly Service in the Sverdlovsk Region (Sverdlovsk OFAS) on paying the 4-million RUB fine imposed for violating the antimonopoly law. Earlier the (...)

The Russian Competition Authority fines an electricity provider for abuse of dominance (Dagenergoset)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55747 visits
Dagestan OFAS fined “Dagenergoset”* The Office of the Federal Antimonopoly Service in the Republic of Dagestan (Dagestan OFAS Russia) found that “Dagenergoset” OJSC abused its market dominance (Part 1 Article 10 of the Federal Law “On Protection of Competition”) and fined the company 1.5 (...)

The Romanian Competition Authority accepts commitments closing mobile operators’ price investigation (Orange Romania)
Nestor Nestor Diculescu Kingston Petersen (Bucharest)
Roumanie 4 contributions 1252 visites
The Romanian Competition Authority’s investigation started in 2011, in the context in which the four large mobile operators in Romania - Orange Romania, Vodafone Romania, Romania Telekom Mobile Communications and RCS & RDS - were charging different tariffs for the service of call (...)

The Russian Competition Authority fines a raw milk producer having imposed discriminatory conditions to its suppliers (Danon Russia)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55747 visits
“Danon Russia” is fined 162.4 million RUB* The Office of the Federal Antimonopoly Service in St Petersburg (St Petersburg OFAS Russia) issued a determination on an administrative violation against “Danon Russia” Shareholding Company and fined the company 162.4 million RUB. Earlier the (...)

The Chinese NDRC finds that a municipal health and family planning commission has abused its administrative power in its drug procurement practices (Bengbu Health Commission)
University of Melbourne
Australie 103 contributions 29108 visites
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China Competition Bulletin (Beijing)
Chine 101 contributions 26066 visites
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Hogan Lovells (Beijing)
China 81 contributions 19899 visits
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On 17 August 2015, the NDRC found that the Bengbu Municipal Health and Family Planning Commission (Bengbu Health Commission) had abused its administrative power in its drug procurement practices. This is the NDRC’s first published antitrust enforcement decision in the pharmaceutical industry (...)

The Russian Competition Authority welcomes the payment of the fine imposed on a pharmaceutical company for failure to execute a determination (Teva)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55747 visits
TEVA Pharmaceutical Industrie Limited paid a fine for failure to execute a FAS determination* TEVA PHARMACEUTICAL INDUSTRIES LIMITED (TEVA, Israel) notified the Federal Antimonopoly Service (FAS Russia) about paying a 300,000 RUB administrative fine for failure to execute a determination (...)

The Indian Competition Authority closes its investigation into abuse of dominance by the national railway company and associated catering and hospitality company, finding no infringement (Indian Railways / IRCTC)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42180 visits
CCI closes case against Indian Railway Catering and Tourism Corporation (IRCTC) and Ministry of Railways for alleged abuse of dominance* The CCI by its order dated August 10, 2015 has closed a case alleging abuse of dominance by IRCTC along with Ministry of Railways. The Informants had (...)

The UK Competition Authority issues statements of objection to a pharmaceutical company and its distributors suspected of abuse of dominance in the market of phenytoin sodium capsules (Pfizer / Flynn)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95604 visits
CMA issues statement of objections to Pfizer and Flynn Pharma in anti-epilepsy drug investigation* The CMA has today issued a statement of objections to the pharmaceutical suppliers Pfizer and Flynn Pharma alleging that they have breached competition law. The Competition and Markets (...)

The Hungarian Competition Authority fines two companies for operating a discriminatory rebate system in the market for contact lenses and care products (Alcon)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 218079 visits
Rebate system on the online distribution of contact lenses and care products* In 6 August 2015, the Hungarian Competition Authority (GVH) imposed a fine of HUF 51 356 000 (EUR 165 670) on the Hungarian Branch of Alcon Services AG (CIBA/Alcon) and a fine of HUF 52 343 000 (EUR 168 850) on (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against 4 State Governments’ Departments of Information and Public Relations because those Departments are not dominant in local advertising markets (Departments of Information and Public Relations)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42180 visits
CCI dismisses allegation of abuse of dominance against various States’ Department of Information and Public Relations* CCI by its order dated August 5, 2015 dismissed allegations against Departments of Information and Public Relations of various State Governments. It was alleged that the (...)

The Russian Competition Authority welcomes the payment of a fine imposed on a gas provider for abuse of dominance (Gazprom)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55747 visits
“Gazprom Gazoraspredelenia Sever” OJSC paid a 3.5 million RUB* “Gazprom Gazoraspredelenia Sever” OJSC paid a 3.5 million RUB for abusing dominance on the market of gas transportation services. The fine reached 1% of the annual company revenue. The Office of the Federal Antimonopoly Service (...)

The Hellenic Competition Authority issues a provisional order against an undertaking suspected of abuse of dominance in the markets for the production and trade of electricity (PPC)
Hellenic Competition Commission (Athens)
Greece 127 contributions 17288 visits
Adjournment of hearing of interim measures and issuance of provisional order against PPC SA* The Hellenic Competition Commission (HCC) has deferred the hearing of the case concerning ex officio adoption of interim measures against Public Power Corporation S.A. Greece (PPC) until September (...)

Mergers

 The Indian Competition Appellate Tribunal reverses the Indian Competition Authority’s fine imposed on a travel agency for not notifying an otherwise exempt transaction (Thomas Cook / Sterling)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42180 visits
Competition Appellate Tribunal sets aside penalty imposed on Thomas Cook & others for nonnotification of an otherwise exempted transaction* In its first decision on substantive aspects of merger control, the Competition Appellate Tribunal (COMPAT) by its order dated August 26, 2015 has (...)

The US Federal Trade Commission announces a consent settlement based on an application of the investment-only exemption to the Hart-Scott-Rodino Act’s premerger notification requirements (Third Point)
Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 22 contributions 10250 visites
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 13 contributions 3255 visites
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Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 7 contributions 1129 visites
On August 24, 2015, the Federal Trade Commission (FTC) announced a consent settlement based on an application of the investment-only exemption to the Hart-Scott-Rodino Act’s premerger notification requirements. The settlement relates to the 2011 acquisitions of shares of Yahoo!, Inc. by Third (...)

The US FTC announces a settlement for failing to file a notification under Hard-Scott-Rodino Act before purchasing shares (Third Point)
McDermott Will & Emery (Washington)
United States 32 contributions 6563 visits
IN DEPTH The Federal Trade Commission (FTC) announced a settlement on August 24, 2015, with Third Point Funds for failing to file a notification under the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) in connection with the acquisition of shares in Yahoo! Inc. (Yahoo) in 2011. Third (...)

The Chinese MOFCOM approves acquisition of shares of a Chinese brewery by an international competitor (Anheuser-Busch InBev / Zhujiang Brewery)
University of Melbourne
Australie 103 contributions 29108 visites
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China Competition Bulletin (Beijing)
Chine 101 contributions 26066 visites
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Hogan Lovells (Beijing)
China 81 contributions 19899 visits
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On 20 August 2015, the MOFCOM approved Anheuser-Busch InBev’s acquisition of additional shares in Zhujiang Brewery. After the acquisition, Anheuser-Busch InBev’s interest in Zhujiang Brewery will be increased from 25.62% to 29.99%, but the composition of the board of directors and the (...)

The Zambian Competition Authority finalizes guidelines for merger regulations
Primerio (Washington)
United States 47 contributions 10433 visits
Zambian Competition Authorities finalise guidelines for new merger regulations* The Competition and Consumer Protection Commission (“CCPC”) recently published the CCPC Guidelines for Merger Regulations 2015 (the “Guidelines”). The Guidelines are binding on all “persons” regulated under the (...)

The Indian Competition Authority approves a takeover of competitor in the market for transmission and telecommunications towers (Agarwal Steel Structures / Sujana Towers)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42180 visits
CCI approves the acquisition of transmission and telecommunication tower business by Agarwal Steel Structures (India) Limited* CCI by its order dated August 19, 2015 approved the proposed combination relating to acquisition of transmission and telecommunication tower business of Sujana (...)

The German Competition Authority clears a merger, subject to remedies, in the market of automotive spare parts (Trost Auto Service Technik / Wessels & Müller)
German Competition Authority (Bonn)
Germany 447 contributions 113815 visits
MERGER OF WHOLESALERS OF AUTOMOTIVE SPARE PARTS CLEARED SUBJECT TO CONDITIONS PRECEDENT* After an in-depth examination the Bundeskartellamt has cleared the acquisition of Trost Auto Service Technik SE, Stuttgart, by Wessels & Müller SE, Osnabrück, subject to conditions. Both companies (...)

The UK Competition Authority orders licensing remedy to meet concerns over horizontal unilateral effects resulting from a merger in the personal lubricants market (Reckitt Benckiser / Johnson & Johnson)
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71788 visits
Introduction and background On 4 November 2015, the UK Competition and Markets Authority ("CMA") accepted final undertakings from Reckitt Benckiser Group plc ("RB") and Johnson & Johnson ("J&J") in relation to RB’s proposed acquisition from J&J of the K-Y brand of personal (...)

The UK Competition Authority imposes remedies to clear an acquisition in the market of personal lubricants (Reckitt Benckiser / Johnson & Johnson)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95604 visits
CMA ORDERS REMEDY TO MEET CONCERN OVER LUBRICANTS MERGER * The CMA has found that Reckitt Benckiser’s anticipated acquisition of the K-Y brand could lead to higher prices for personal lubricants. In its final report published today, the Competition and Markets Authority (CMA) has concluded (...)

The EU Commission clears a merger subject to remedies in the pharmaceutical sector (Pfizer / Hospira)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823784 visits
MERGERS: COMMISSION APPROVES ACQUISITION OF HOSPIRA BY PFIZER * The European Commission has approved the proposed acquisition of Hospira by Pfizer under the EU Merger Regulation. Both companies are US based and active globally in the development and marketing of human pharmaceuticals. The (...)

The Belgian Competition Authority conditionally approves merger in highly concentrated print magazines market (De Persgroep / Humo)
Simmons & Simmons (Brussels)
Belgium 21 contributions 15871 visits
Conditional approval of media merger defuses the risk of four popular Dutch language magazines disappearing from the Belgian market. On 04 August 2015, and in the context of a Phase I procedure, the Competition College of the Belgian Competition Authority conditionally approved the (...)

The Belgian Competition Authority approves several acquisitions subject to remedies in the publishing market (De Persgroep / Humo)
Belgian Competition Authority (Brussels)
Belgium 108 contributions 22884 visits
The Competition College of the Belgian Competition Authority has approved on 4 August 2015 the acquisition of Humo NV (publishers of the magazine Humo) and of the magazines Story, Teve-blad, and Vitaya by De Persgroep Publishing NV (publishers of newspapers and magazines with interests in (...)

The EU Commission clears acquisition of a pharmaceutical company, with effects in the market for biosimilars, subject to remedies that ensure innovation competition (Pfizer / Hospira)
European Commission - DG COMP (Brussels)
Belgique 2 contributions 1782 visites
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Sciences Po Paris
France 5 contributions 1711 visites
Pfizer / Hospira: Through the lookingglass: assessing competition by biosimilars* In a nutshell In Pfizer/Hospira, the Commission assessed biosimilar drugs in detail for the first time. Biosimilars aim to have the same therapeutic mechanism as, and be clinically equivalent to, original (...)

State Aid

 The EU Commission finds that Hungarian investment in a port’s infrastructure is compatible State aid (Port of Baja)
Maastricht University
Belgium 353 contributions 64277 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 (...)

The EU Commission finds that Italian aid granted to companies suffering damage from natural disasters is incompatible, but that recovery is impossible (Measures linked to natural disasters)
Maastricht University
Belgium 353 contributions 64277 visits
a) Natural Disasters and b) Absolute Impossibility to Recover Incompatible State Aid* Aid to remedy the damage caused by natural disasters can be granted only if the damage is the direct consequence of the disaster and the amount of aid must be limited to the actual damage suffered by each (...)

Procedures

 The OECD issues a report recommending several improvements in the framework and procedures for Danish competition cases
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35919 visits
The OECD recommends improvements in framework and procedures for Danish competition cases* A very thorough examination of Danish competition policy and of the work of the Danish competition authorities has resulted in recognition of the authority and in recommendations concerning the Danish (...)

The Finnish Ministry of Employment and the Economy sets up a working group to assess the need to revise the Competition Act
Merilampi Attorneys (Helsinki)
Finlande 7 contributions 16283 visites
The Finnish Ministry of Employment and the Economy (“FMEE”) has issued a decision to set up a working group to assess the need to partially revise the Competition Act (948/2010) . The FMEE’s decision was issued on 25 August 2015. The working group will be chaired by Mr. Pekka Timonen, the head (...)

The Canadian Federal Court provides practical guidance for parties responding to compulsory production orders from the Competition Authority (Bell Mobility)
Davies Ward Phillips & Vineberg (Toronto)
Canada 3 contributions 471 visits
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Davies Ward Phillips & Vineberg (Toronto)
Canada 21 contributions 3929 visits
Responding to Compulsory Production Orders from the Competition Bureau: Federal Court of Canada Provides Practical Guidance* Canada’s Commissioner of Competition is armed with a variety of compulsory powers that he can use in pursuing investigations. One such power is the ability, with the (...)

The Ontario Superior Court and the British Columbia Court of Appeal debate whether breaches of the Competition Act can support common law claims (Shah / LG Chem) (MasterCard / Visa / Watson / Bank of America)
Conzen O’Connor (Toronto)
23 contributions 5063 visits
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Is The Competition Act A “Complete Code”?* Courts debate whether breaches of the Competition Act can support common law claims Recently, Canadian courts (...)

The UK Competition Authority issues a guidance on a new power to encourage competition law-breaking companies to voluntarily pay compensation to victims
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95604 visits
Guidance on new compensation schemes power in competition cases* The CMA today published guidance on a new power to encourage competition law-breaking businesses to voluntarily pay compensation to victims. Under the guidance, businesses setting up voluntary redress schemes can, in certain (...)

The US FTC publishes its first ever policy statement on how it will enforce Section 5’s prohibition of “unfair methods of competition”
Sheppard Mullin (San Francisco)
États-Unis 1 contribution 92 visites
FTC “Enforcement Principles” for Section 5 of the FTC Act: Is Something Better than Nothing?* For many years, antitrust practitioners have struggled to understand exactly how the FTC will analyze and enforce Section 5’s prohibition of “unfair methods of competition.” Counseling clients has (...)

The US FTC announces general principles regarding Section 5 of the FTC Act
Moses & Singer LLP (New York)
6 contributions 1945 visites
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 30 contributions 9471 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 18 contributions 9021 visits
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On August 13, 2015, the U.S. Federal Trade Commission (FTC) issued formal guidance on Section 5 enforcement consisting of a general statement of principles to guide application of its authority to challenge “unfair methods of competition” under Section 5 of the FTC Act. While it is generally (...)

The FTC issues a policy statement on the reach of Section 5 of the Federal Trade Commission Act which prohibits unfair methods of competition
US Federal Trade Commission (FTC) (Washington)
États-Unis 7 contributions 7150 visites
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George Mason University (Fairfax)
États-Unis 2 contributions 1352 visites
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The FTC on August 13, 2015 issued a policy statement on the reach of Section 5 of the Federal Trade Commission Act (FTC Act), which prohibits unfair methods of (...)

The UK Secretary of State issues regulations and guidance governing the approval of voluntary redress schemes to compensate persons injured by antitrust infringements
Simmons & Simmons (London)
United Kingdom 19 contributions 4780 visits
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Crowell & Moring (London)
Royaume-Uni 16 contributions 9719 visites
On 05 August 2015, the UK Secretary of State issued the Competition Act 1998 (Redress Scheme) Regulations 2015 governing the approval of voluntary redress schemes under the Act. One of the radical elements of the UK’s package of 2015 collective redress measures takes shape as regulations and (...)

The UK Court of Appeal confirms that the six years limitation period standard in tort or breach of statutory duty cases applies to competition cases (Arcadia / Visa)
Crowell & Moring (London)
Royaume-Uni 16 contributions 9719 visites
English Court of Appeal limits retailers’ Visa MIF claim to standard six years, dismissing arguments that concealment meant that time had not yet begun to run. On 05 August 2015, three English Court of Appeal judges confirmed in Arcadia Group Brands Limited and others v Visa [2015] EWCA Civ (...)

The UK Court of Appeal holds that the domestic law of limitation period is applicable to competition law cases and does not contravene the EU principles of effectiveness and full compensation (Arcadia / Visa)
Osborne Clarke (London)
Royaume-Uni 28 contributions 721 visites
Brief summary of facts The claimants are or were all well-known high street retailers. They sought damages for breaches of European and domestic competition law in relation to Visa’ imposition of multilateral interchange fees (MIFs) in the course of operating the Visa payment-card system. (...)

The European Commission adopts amendments to the EU antitrust procedural rules to better reflect EU Damages Directive
Council of the European Union (Brussels)
Belgique 2 contributions 508 visites
Amendments made to the EU antitrust procedural rules to better reflect EU Damages Directive* What and when? The Commission has adopted amendments to a number of its key procedural rules in order to bring them into line with the EU Directive on Damages Actions, which was adopted in 2014 and (...)

Regulatory

 The Russian Competition Authority prevents growth of prices of some drugs (Ozon)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55747 visits
FAS prevented growth of prices for medicinal drugs under the frame of arrangements for manufacturers’ ex-works ceiling prices* The same drugs with different characteristics, which, however, do not affect therapeutical qualities, are registered at significantly overrated prices. The Federal (...)

The Mexican Competition Authority issues an English version of the Federal Economic Competition Law
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26224 visits
COFECE publishes an english version of the federal economic competition law* Mexico City, August 20th 2015. – Mexico’s Federal Economic Competition Commission has released an English version of the Federal Economic Competition Law (Law). This document is a courtesy translation of the Law (...)