August 2019

Anticompetitive practices

 The Australian Competition Authority starts proceedings in the Federal Court against a steel manufacturer and a general manager for alleged cartel conduct (BlueScope)
Bird & Bird (Sydney)
Australia 21 contributions 2131 visits
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Bird & Bird (Sydney)
Australia 28 contributions 3016 visits
In August 2019, Australia’s competition regulator, the Australian Competition and Consumer Commission ("ACCC") commenced proceedings in the Federal Court of Australia against BlueScope Steel Limited ("BlueScope") and its former General Manager of Sales and Marketing, Mr Jason Ellis, for alleged (...)

The Danish Competition Authority announces that three demolition companies and their managers paid fines for bid-rigging in settlement agreements with the Danish State Prosecutor for Serious Economic and International Crime (G. Tscherning / Villy C. Petersen / Brandis)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 125 contributions 34172 visits
Denmark: Demolitions companies and management members pay fines in settlement agreements for bid rigging* Three demolition companies and three management members have entered into settlement agreements with the Danish State Prosecutor for Serious Economic and International Crime for infringing (...)

The Finnish Supreme Administrative Court rules on the scope of legally privileged material and finds that a memorandum found during a dawn raid contained a clear reference to external legal advice in the subject matter under investigation (Matkahuolto)
Hannes Snellman (Helsinki)
Finland 23 contributions 2771 visits
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Bird & Bird (Helsinki)
Finland 14 contributions 933 visits
The Finnish Competition and Consumer Authority ("FCCA") had, during a dawn raid at a company’s premises, seized a memorandum drafted by this company which, among other things, referred to the legal advice provided to the company by an external attorney. The FCCA argued that as the internal (...)

The Swiss Competition Authority fines a manufacturer of sports products for vertical price fixing with dealers (Stöckli)
Lenz & Staehelin (Zurich)
Switzerland 9 contributions 2227 visits
Introduction The Swiss Competition Commission (“ComCo”) fined Stöckli Swiss Sports (“Stöckli”), a Swiss manufacturer of Skis and other sport products, for vertical price fixing with its dealers with CHF 140’000. The fine was rather low, as Stöckli had filed a leniency application, albeit after ComCo (...)

The Spanish Competition Authority carries out dawn raids and decides to extend the proceedings against 11 other companies and two individuals in the consulting services market (KPMG / Everis / inter alia / Deloitte / PwC...)
Bird & Bird (Madrid)
Spain 29 contributions 4164 visits
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Ecija & Asociados (Madrid)
Spain 20 contributions 1946 visits
On 6 February 2019, the Spanish Competition Authority ("CNMC") opened formal proceedings against 25 consultancy companies — including, inter alia, Deloitte, PwC, and Indra — and eight individuals. This investigation was initiated in January 2017 by the Regional Competition Authority in the Basque (...)

The Indian Competition Authority fines 51 LPG manufacturers for cartelization in withdrawing bids but does not rise the judgment to bid-rigging (Hindustan Petroleum Corporation)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40076 visits
CCI Imposes Penalty on LPG Gas manufacturers for Cartelization in Bidding Process in tenders floated by HPCL IN 2011* By way of order dated 09.08.2019, the Competition Commission of India (“CCI/Commission”) has imposed penalty on 51 LPG manufacturers for collectively withdrawing their bids from (...)

The Australian Competition Authority starts an inquiry focusing on the practices and roles of investments funds in the water trading market (Murray-Darling Basin)
Herbert Smith Freehills (Melbourne)
Australia 8 contributions 799 visits
The Australian Competition and Consumer Commission (ACCC) has recently commenced an inquiry into the water trading market in the Murray-Darling Basin. IN BRIEF The ACCC has commenced an inquiry into the tradeable water rights market in the Murray-Darling Basin at the direction of the Federal (...)

The EU Commission sends a statement of objection to operators of mobile telephony regarding their network sharing agreement in the Czech market (O2 / CETIN / T-Mobile)
European Commission - DG COMP (Brussels)
Belgium 1234 contributions 2531439 visits
Antitrust: Commission sends Statement of Objections to O2 CZ, CETIN and T-Mobile CZ for their network sharing agreement* The European Commission has informed Czech operators of mobile telephony O2 CZ and T-Mobile CZ, as well as the Czech telecom infrastructure provider CETIN of its preliminary (...)

The EU Commission issues a statement of objections regarding network sharing in the 2G/3G/4G technologies but misses an opportunity to provide guidance on future 5G network sharing agreements (O2 / CETIN / T-Mobile)
Geradin Partners (Brussels)
Belgium 20 contributions 37717 visits
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Centre for IT & IP Law (CiTiP) (KU Leuven) (Brussels)
3 contributions 2852 visits
Network Sharing and EU Competition Law in the 5G Era: A Case of Policy Mismatch* Instead of working towards adopting a clear analytical framework for the assessment of NSAs under EU competition law, the Commission decided to launch proceedings in October 2016 and issue a Statement of (...)

The Danish Competition Authority informs that an association of camera distributors accepts fine for price coordination and information exchange (Team DS)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 125 contributions 34172 visits
Denmark: ”Team DS a.m.b.a., Denmark, accepts fine for price coordination and information exchange”* On 6 August 2019, the Danish association of camera distributors Team DS a.m.b.a. accepted to pay a fine of DKK 1,300,000 (€ 174,300) for coordination of prices and information exchange between the (...)

The Danish Competition Authority fines an association for photo dealers for illegal price coordination and exchange of information (Team DS)
Bird & Bird (Copenhagen)
Denmark 36 contributions 7087 visits
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Bird & Bird (Copenhagen)
Denmark 23 contributions 2234 visits
The Danish purchasing association for photo dealers, Team DS, has accepted a fine consisting of DKK 1.3 million for infringing the Danish Competition Act by coordinating prices and illegal information exchange. In addition to the imposition of a fine on the association itself, a fine of DKK (...)

The Australian Federal Court imposes a large fine on a Japanese shipping company for engaging in price fixing (Kawasaki Kisen Kaisha)
Bird & Bird (Sydney)
Australia 21 contributions 2131 visits
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Bird & Bird (Sydney)
Australia 28 contributions 3016 visits
On 2 August 2019, the Federal Court of Australia imposed its largest ever fine on Japanese shipping company, Kawasaki Kisen Kaisha Ltd (K-Line), for engaging in price fixing as part of an illegal criminal cartel with a number of other shipping companies between 2009 and 2012. The fine of (...)

The Indian Competition Authority fines three vendors bid-rigging in the market for geo-enabled census of trees and concludes that the tender organizer failed to detect cartelization (Nagrik Chetna Manch / SAAR / CADD / Pentacle / Pune)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40076 visits
CCI imposes penalty for collusive bidding in tender floated by Pune Municipal Corporation* By way of order dated 02.08.2019, CCI has fined SAAR IT Resources Pvt. Ltd (“SAAR”), CADD Systems and Services Pvt. Ltd(“CADD”) and Pentacle Consultants (I) Pvt. Ltd (“Pentacle”) for collusive bidding in a (...)

The Australian Federal Court orders a transportation company to pay a $34.5 million fine for criminal cartel conduct in the supplies of shipping services market (Kawasaki Kisen Kaisha)
Ashurst (Sydney)
Australia 17 contributions 2175 visits
On 2 August 2019, Kawasaki Kisen Kaisha Ltd ("K-Line") was ordered by the Federal Court of Australia to pay a $34.5 million fine for criminal cartel conduct occurring between July 2009 and September 2012. K-Line’s fine is the largest ever criminal penalty to be handed down for contraventions of (...)

The Australian Federal Court imposes a record fine on a shipping company guilty of cartel conduct due to the length, serious nature, and economic importance of the market (Kawasaki Kisen Kaisha)
Herbert Smith Freehills (Melbourne)
Australie 1 contribution 104 visites
Kawasaki Kisen Kaisha Ltd (K-Line) has received the largest criminal fine imposed under the Competition and Consumer Act, after pleading guilty to criminal cartel conduct in 2018. Justice Wigney of the Federal Court stated that the penalty “should send a powerful message to multinational (...)

The Indian Competition Authority fines companies for bid-rigging in a tender for a tree census provider (Nagrik Chetna Manch / SAAR / CADD / Pentacle / Pune)
Trilegal (Mumbai)
Inde 8 contributions 6131 visites
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Trilegal (Bangalore)
Inde 5 contributions 3545 visites
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Trilegal (Mumbai)
Inde 8 contributions 6131 visites
The Competition Commission of India (CCI) recently found that SAAR IT Resources Private Limited (OP 1), CADD Systems and Services Private Limited (OP 2) and Pentacle Consultants (I) Private Limited (OP 3), collusively manipulated the process of bidding, by rigging the bids for the tender (...)

The UK Competition Authority imposes a record-breaking £3.7 million fine on a piano supplier for online resale price maintenance (Casio)
Van Bael & Bellis (Brussels)
Belgium 162 contributions 54248 visits
According to a press release issued on 1 August 2019, the Competition and Markets Authority (“CMA”) imposed a fine of £ 3.7 million (approximately € 4.1 million) on piano supplier Casio Electronics (“Casio”) for online resale price maintenance (RPM). Between the years 2013 and 2018, Casio reportedly (...)

The Australian Parliament passes a repeal of subsection 51(3) of the Competition and Consumer Act 2010
Jones Day (Sydney)
Australie 1 contribution 162 visites
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Jones Day (Sydney)
Australie 10 contributions 2040 visites
Both houses of the Australian Parliament have passed a repeal of subsection 51(3) of the Competition and Consumer Act 2010 (Cth) ("CCA"). Following the repeal, owners of intellectual property rights in Australia must comply with certain competition rules from which they previously enjoyed an (...)

The Portuguese Competition Authority imposes the highest fines ever applied for a cartel in the financial sector (Lusitania / Zurich)
Portuguese Competition Authority (Lisbon)
Portugal 106 contributions 26089 visits
The first cartel sanctioned by the AdC in the Portuguese financial sector has the highest fines ever applied* The AdC applied a fine totalling more than €54 million on insurance companies, board members and directors involved in the “insurer cartel”. The proceedings is now concluded with the (...)

The Portuguese Competition Authority imposes a record fine of €54 million for a cartel in the markets for insuring workplace accidents, health, and cars (Lusitania / Zürich)
Van Bael & Bellis (Brussels)
Belgium 379 contributions 88972 visits
On 1 August 2019, the Portuguese competition authority (Autoridade da Concorrência, “AdC”) published a press release in which it announced that it had imposed total fines of € 42 million on two insurance companies (Lusitania and Zürich), two board members and two directors for, inter alia, (...)

Unilateral Practices

 The Cyprus Competition Authority fines an undertaking for abusing its dominant position in the market of producing and presenting theatrical performances (CPC / THOC)
Trojan Economics (Nicosia)
Chypre 11 contributions 2117 visites
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Stephanie Theodotou Lawyer (Cyprus)
9 contributions 1494 visites
Introduction On 27th August 2019 the Cyprus Commission for the Protection of Competition (“CPC”) issued a decision imposing a fine of €342,221.35 to the Cyprus Theatre Organisation (“THOC”) for a violation of Section 6(1) of the Protection of Competition Law (Law 13(I)/2008), as amended (“Law”). (...)

The Dusseldorf Higher Regional Court quashes the Competition Authority’s findings that a social network abused its dominant position by improperly combining user data that it has collected from various sources (Facebook)
Technical University of Applied Sciences Wildau
Germany 9 contributions 2553 visits
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Hausfeld (Berlin)
Germany 6 contributions 1721 visits
As previously reported in this Bulletin, on 6 February 2019, the German Bundeskartellamt (Federal Cartel Office – “FCO”) found that Facebook abused its dominance by improperly combining user data that it collected from various sources. As a remedy, the FCO imposed far-reaching restrictions on (...)

The Mexican Competition Authority fines an airport for refusal to deal in the market for federal land transportation (Cancun Airport)
Mexican Competition Authority (Mexico City)
Mexico 120 contributions 24017 visits
COFECE sanctions the Cancun Airport for refusal to deal in the market for federal land transportation* The Cancun International Airport conducted a set of actions to prevent new participants from providing services, as the only agent that can rent and grant spaces for taxi access. • The harm (...)

The UK Competition Authority invites interested parties to comment on its intention to accept commitments over an agreement that allegedly prevented the entry of a competing version in the drug fludrocortisone market (Aspen)
KPN (Amsterdam)
Belgium 33 contributions 6716 visits
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Bird & Bird (London)
United Kingdom 28 contributions 3041 visits
On 14 August 2019 the Competition & Market Authority ("CMA") invited interested parties to comment on its intention to accept commitments from Aspen over an agreement that allegedly prevented the entry of a competing version of the drug fludrocortisone in the UK. The CMA suspected Aspen (...)

The Mauritian Competition Authority orders two multinational financial companies to reduce their banking interchange fees in order to promote competition (Visa / MasterCard)
Primerio (Johannesburg)
Afrique du Sud 7 contributions 3905 visites
Mauritius: Competition Commission orders VISA and MasterCard to lower interchange fees* On 13 August 2019, the Competition Commission of Mauritius (CCM) has, following a lengthy investigation, ordered VISA and MasterCard (Respondents) to reduce their banking interchange fees from 1% to 0,5%. (...)

The Indian Competition Authority orders an investigation into a multinational technology company with the aim of protecting micro-processors importers from the company’s discriminatory practices (Intel)
JSA (Mumbai)
Inde 2 contributions 1119 visites
On 9th August 2019, the Competition Commission of India directed the Director General to carry out investigations against Intel Corporation for allegedly violating Section 3 and 4 of the Indian Competition Act, 2002 (the ‘Act’). The case in hand was filed by Matrix Info Systems Pvt. Ltd. (the (...)

The Indian Competition Authority fines real estate company for abuse of dominance by imposing one-sided clauses in contracts in the market for sale of independent villas (Jaiprakash Associates)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40076 visits
CCI fines Jai Prakash Associates for abusing its dominant position in the market for sale of independent villas in Integrated Townships in the territory of Noida and Greater Noida* CCI, imposed a penalty of INR 13.82 Crores on Jai Prakash Associates (“JPA”) for abusing its dominant position by (...)

The Indian Competition Authority opens an investigation into abuse of dominance by a microprocessor manufacturer for having a more restrictive warranty policy in India than in the rest of the world (Intel)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40076 visits
CCI directs investigation into India specific warranty policy of Intel finding it potentially abusive of dominance* By way of order dated 09.08.2019, CCI has directed the Director General (DG) to undertake investigation with respect to Intel’s India specific warranty policy in regard to its (...)

The Indian Competition Authority dismisses abuse of dominance allegations because a "termination of convenience" clause meets either the "good faith" or "change in circumstances" test (Oil and Natural Gas Corporation)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40076 visits
By way of order dated 02.08.2019, CCI dismissed allegations of abuse of dominant position by Oil and Natural Gas Corporation Limited (“ONGC”) in the market for charter hire of Offshore Support Vehicles (OSVs) in the Indian Exclusive Economic Zone (EEZ), after a thorough investigation by the (...)

Mergers

 Clearance: The French Competition Authority authorises the sale by a mobile telephone operator of exclusive control over its mobile phone equipment hosting infrastructure sites to an operator of telecommunications and broadcasting infrastructure (Iliad 7 / Cellnex)
ICC France (Paris)
France 21 contributions 8137 visites
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Hogan Lovells (Paris)
France 13 contributions 6077 visites
On 30 August 2019, the French Competition Authority (’FCA’) approved Cellnex’s acquisition of a 70% stake in Iliad 7, a subsidiary of Iliad (controlled by Mr. Xavier Niel). Iliad 7 owns all the mobile telecommunication hosting sites previously controlled by Free Mobile, a French mobile network (...)

The French Competition Authority clears the acquisition of a company in the telecommunication sector (Iliad 7 / Cellnex)
French Competition Authority (Paris)
France 709 contributions 362289 visits
The Autorité de la concurrence clears the acquisition of Iliad 7 by Cellnex* By this transaction, Iliad (Free) sells all the towers of its mobile network to the Spanish company Cellnex, which, from now on, will rent them to Iliad. On 8 August 2019, Cellnex notified the Autorité of its plan to (...)

The Turkish Competition Authority approves a merger focusing its analysis on whether the two state-owned undertakings belong to the same economic unit and whether competition in the relevant product markets takes place on a global level due to their import-oriented nature (Sabic / Saudi Aramco)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 151 contributions 69807 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 3993 visits
This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) Saudi Aramco/Sabic decision, in which the Board focused on whether the two state-owned undertakings belonged to the same economic unit, while also analysing whether competition in the relevant product markets takes (...)

The Dutch Competition Authority clears an acquisition of a distributor of educational materials by a publisher subject to conditions (Iddink / Sanoma Learning)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Netherlands 191 contributions 31657 visits
ACM conditionally clears acquisition of Iddink Group by Sanoma Learning* Publisher Sanoma Learning is allowed to acquire Iddink Group, a distributor of educational materials. Iddink Group also owns Magister, a learning management system (LMS) that many secondary schools in the Netherlands use. (...)

The French Competition Authority clears a merger in the men’s clothing and footwear retail markets (SMCP / De Fursac)
French Competition Authority (Paris)
France 709 contributions 362289 visits
Clothing and shoes* The Autorité de la concurrence clears the acquisition of the group De Fursac by the group SMCP (Sandro, Maje, Claudie Pierlot) On 24 July 2019, the group SMCP (Sandro, Maje, Claudie Pierlot brands) notified the Autorité de la concurrence of its plan to take over the group De (...)

The French Competition Authority clears a merger on the market for the transfer of professional players, which had never been defined before by decision-making practice (Ineos / OGC Nice)
French Competition Authority (Paris)
France 709 contributions 362289 visits
Professional football* The Autorité de la concurrence clears the acquisition of OGC Nice by Ineos On 22 July 2019, Ineos notified the Autorité de la concurrence of its plan to acquire control of SASP Olympique Gymnaste Club de Nice Côte d’Azur, which manages the OGC Nice football club. By a (...)

The Indian Competition Authority clears merger of health insurers (Apollo Munich / HDFC ERGO)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 17468 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19420 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 18322 visits
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The CCI cleared the proposed merger of health insurer Apollo Munich Health Insurance Company (Apollo Munich) into HDFC ERGO General Insurance Company (HDFC ERGO). HDFC ERGO is a joint venture between HDFC and ERGO International AG. The CCI found that Apollo Munich and the HDFC Group overlapped (...)

The US DoJ leaves the door open to offering proof that harm to innovation in the market for airline bookings is separate and independent basis to block a merger (Sabre / Farelogix)
Orrick, Herrington & Sutcliffe (Washington DC)
United States 7 contributions 2875 visits
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Orrick, Herrington & Sutcliffe (Washington DC)
United States 9 contributions 9438 visits
In its recent complaint challenging the $360 million acquisition of Farelogix by Sabre, the Department of Justice (“DOJ”) appears to have left the door open to offering proof that harm to innovation in the market for airline bookings is a separate and independent basis to block the merger. When (...)

The Dutch Competition Authority needs further investigation into the merger of two health care providers (Stichting Omring / Stichting Vrijwaard)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Netherlands 191 contributions 31657 visits
Further investigation needed into merger between providers of nursing home care in city of Den Helder* Two health care providers, Stichting Omring and Stichting Vrijwaard, in the northern Dutch city of Den Helder wish to merge. They have informed the Netherlands Authority for Consumers and (...)

The UK Competition Authority raises competition concerns regarding a merger in the markets of supply of IT systems used by airlines and travel agents to sell airline tickets (Sabre / Farelogix)
United Kingdom’s Competition Authority (CMA) (London)
United Kingdom 338 contributions 86717 visits
Sabre’s takeover of Farelogix raises competition concerns* Sabre’s proposed takeover of Farelogix raises competition concerns in the supply of IT systems used by airlines and travel agents to sell airline tickets. The Competition and Markets Authority (CMA) has been investigating the proposed (...)

The Indian Government proposes to introduce an additional threshold test based on the deal size or the value of a transaction
Khaitan (Mumbai)
India 4 contributions 892 visits
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Khaitan (Mumbai)
India 2 contributions 420 visits
Introduction “We are all now connected by the internet like neurons in a giant brain,” these were the words of renowned theoretical physicist, Stephen Hawking, and he couldn’t have said it better. In today’s digital age, internet and technology have permeated every sphere of one’s life. Be it (...)

The Indian Competition Authority releases amendments to its regulations, introducing a green channel mechanism for mergers and acquisitions
Gujarat National Law University (Gandhinagar)
Inde 1 contribution 436 visites
As part of the scheme of the Ease of Doing Business in India, CCI was finally able to mature its 7th set of amendment (amendment regulations 2019) to the Competition Commission of India (procedure in regard to the transaction of business relating to combinations) regulations, 2011. The new set (...)

The Indian Competition Authority issues regulatory changes to the merger notification procedure
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 17468 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19420 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 18322 visits
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In a welcome move, on 13 August 2019, amendments to the Combination Regulations were published in The Gazette of India. With effect from 15 August 2019 (India’s Independence Day), parties to notifiable acquisitions, mergers and amalgamations (collectively referred to as “combinations”) will, if (...)

The French Competition Authority clears, subject to remedies, the creation of a TV platform by three television channels (Salto)
French Competition Authority (Paris)
France 709 contributions 362289 visits
Pay Television Sector* The Autorité de la concurrence clears, subject to conditions, the creation of the Salto platform by TF1, France Télévisions and Métropole Télévision (M6) Background Following a referral decision by the European Commission, TF1, France Télévisions and Métropole Télévision (...)

The Turkish Competition Authority evaluates four stand-alone transactions in the construction sector after receiving a complaint and concludes that the transactions are not subject to approval given that the jurisdictional turnover thresholds are not met (Akdağ Beton / Şenerler Beton / Saray Beton / Sarıkaya Beton / Üç Yıldırım)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 151 contributions 69807 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 21 contributions 5028 visits
This case summary concerns an analysis of the Board’s Akdağ Beton/Şenerler Beton/Saray Beton/Sarıkaya Beton/Üç Yıldırım decision, based on an investigation initiated due to a complaint filed with the Turkish Competition Authority against certain ready-mixed concrete companies that were active in Yozgat, (...)

The EU Commission opens an in-depth investigation regarding a merger in the supply of fuels market (PKN Orlen / Lotos)
European Commission - DG COMP (Brussels)
Belgium 1234 contributions 2531439 visits
Mergers: Commission opens in-depth investigation into PKN Orlen’s proposed acquisition of Lotos* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Lotos by PKN Orlen, under the EU Merger Regulation. The Commission is concerned that the merger may (...)

The UK Competition Authority imposes an ‘Unwinding Order’ on a U.S. technology company active in the business of payment automation and its UK subsidiary in connection with the investigation into the completed acquisition of a credit agency payments gateway business (Bottomline Technologies / Experian)
Orrick, Herrington & Sutcliffe (London)
United Kingdom 5 contributions 1897 visits
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Dechert (London)
United Kingdom 8 contributions 3087 visits
On 6 August 2019, the UK’s Competition and Markets Authority (the “CMA”) imposed an ‘Unwinding Order’ on a U.S. company, Bottomline Technologies (de), Inc (“Bottomline”), active in the business payment automation technology space, and its UK subsidiary (“Bottomline UK”), in connection with its (...)

State Aid

 The EU Commission finds that the marketing agreements concluded between a local Association for the promotion of touristic and economic flows and an airline company are illegal under EU State aid rules (Ryanair / Montpellier airport)
European Commission - DG COMP (Brussels)
Belgium 1234 contributions 2531439 visits
State aid: France to recover €8.5 million of illegal aid to Ryanair at Montpellier airport* The European Commission has found that the marketing agreements concluded between the local Association for the Promotion of Touristic and Economic Flows (APFTE) and Ryanair at the airport of Montpellier (...)

Procedures

 The Higher Regional Court of Düsseldorf suspends the decision of the German Competition Authority which prevented data-gathering practices from a social network company (Facebook)
Ashurst (Frankfurt)
Germany 15 contributions 3994 visits
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Ashurst (London)
Royaume-Uni 2 contributions 734 visites
On 26 August 2019, the Higher Regional Court in Düsseldorf suspended the German Federal Cartel Office’s (’FCO’ or Bundeskartellamt) decision to prevent Facebook from combining user data from various sources such as Facebook, Instagram, WhatsApp and unrelated sites that use Facebook analytics and (...)

The Higher Regional Court of Düsseldorf suspends the effect of the Competition Authority’s decision after receiving a complaint questioning the finding of an abuse of dominance in the social network market (Facebook)
Bird & Bird (Dusseldorf)
Germany 21 contributions 2260 visits
On 26 August 2019, the Higher Regional Court of Düsseldorf (“Court”) suspended the effect of the Facebook decision of the German Federal Cartel Office (“FCO”) after a complaint by Facebook questioning in particular the FCO’s finding of an abuse of a dominant market position by Facebook. Facebook had (...)

The Higher Regional Court of Düsseldorf grants a social network company the suspensive effect to an appeal in an interim decision (Facebook)
Hunton Andrews Kurth (Brussels)
Belgique 1 contribution 2317 visites
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Cleary Gottlieb Steen & Hamilton (Frankfurt)
Allemagne 1 contribution 2317 visites
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White & Case (Düsseldorf)
Allemagne 2 contributions 2419 visites
In February of this year the German antitrust agency, the Federal Cartel Office, issued a decision against Facebook regarding their handling of user data. Facebook appealed and on August 26, 2019, the Düsseldorf Court of Appeal in an interim decision granted suspensive effect to Facebook’s (...)

The Higher Regional Court of Düsseldorf suspends an order of the Competition Authority after the world’s biggest social network appeals an abuse of dominance decision (Facebook)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64207 visits
On 26 August 2019, the Higher Regional Court of Düsseldorf (the “Court”) granted Facebook’s request for an injunction against the immediate application of measures imposed by the German Federal Cartel Office (the “FCO”) arising from the FCO’s finding in February 2019 that Facebook abused its dominant (...)

The Higher Regional Court of Düsseldorf suspends an order of the German Competition Authority on alleged abuse of dominance by a major social network (Facebook)
Baker Botts (London)
Royaume-Uni 9 contributions 2341 visites
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Baker Botts (Washington)
États-Unis 20 contributions 16649 visites
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Baker Botts (Brussels)
Belgium 25 contributions 17780 visits
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On 26 August 2019, a German appeal court suspended an order of the German competition authority (the “FCO”) which had found that Facebook’s data processing practices in Germany constituted an abuse of dominance in breach of German antitrust rules (the “decision”). Expressing serious doubts as to the (...)

The Chinese Supreme Court clarifies its stance on arbitration clauses and states that the jurisdiction of courts over antitrust civil disputes cannot be excluded (Shell China / Huili)
AnJie Broad Law (Beijing)
China 36 contributions 11898 visits
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AnJie Broad Law (Beijing)
China 8 contributions 1540 visits
China’s supreme court enunciated the non-arbitrability of antitrust civil disputes* For a few years, the topic of whether antitrust civil disputes could be arbitrable had been hotly debated in China. There were few precedents in connection with this issue for people to better understand what (...)

The US Court of Appeals for the Seventh Circuit clarifies the means by which the FTC can exercice its enforcement authority without being able to seek any restitution thereafter (Credit Bureau)
Morgan Lewis (Boston)
États-Unis 1 contribution 466 visites
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Morgan Lewis (Philadelphia)
États-Unis 2 contributions 674 visites
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Morgan Lewis (Boston)
États-Unis 3 contributions 974 visites
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Background In the Credit Bureau Center case, the FTC sued a company and its owner for advertising “free” credit reports without adequately disclosing that consumers would be enrolled in an expensive credit monitoring service on an ongoing basis. The FTC brought its lawsuit under Section 13(b), (...)

The US Court of Appeals for the Seventh Circuit denies the FTC’s authority to seek restitution (Credit Bureau)
Jones Day (Washington)
United States 17 contributions 14030 visits
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Jones Day (Chicago)
États-Unis 10 contributions 1858 visites
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Jones Day (Chicago)
États-Unis 10 contributions 1336 visites
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In Short The Situation: Overruling its precedent, the United States Court of Appeals for the Seventh Circuit held that the Federal Trade Commission ("FTC") may not seek restitution under FTC Act Section 13(b) because the statute, which permits the FTC to obtain injunctions, does not explicitly (...)

The US Court of Appeals of the Eleventh Circuit rejects an undertaking’s attempt to assert state-action immunity from antitrust liability in the water services and natural gas distribution sector (City of LaGrange)
Bona Law (San Diego)
United States 12 contributions 6000 visits
ANTITRUST NEWS: THE ELEVENTH CIRCUIT AGREES THAT THE SUPREME COURT’S PHOEBE PUTNEY DECISION REALLY DID CHANGE THE STATE-ACTION-IMMUNITY TEST FROM THE EARLIER HALLIE AND OMNI DECISIONS* The Eleventh Circuit recently rejected the City of LaGrange’s attempt to assert state-action immunity from (...)

The US Court of Appeals for the DC Circuit affirms the denial of class certification for failing to satisfy the requirement for predominance (In re Rail Freight Fuel Surcharge Antitrust Litigation)
Paul Weiss (New York)
États-Unis 3 contributions 135 visites
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Paul Weiss (Washington)
United States 3 contributions 135 visits
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George Mason University - Antonin Scala Law School (Arlington)
États-Unis 4 contributions 431 visites
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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. On August 16, 2019, the United States Court of Appeals for the District of Columbia Circuit affirmed the denial of class certification in In re Rail Freight Fuel (...)

The Indonesian Supreme Court issues a new regulation on appeals to the Competition Authority’s decisions New
Baker McKenzie (Jakarta)
Indonésie 3 contributions 385 visites
On 9 August 2019, the Supreme Court issued its regulation No. 3 of 2019 on the process of examining an objection to decision of the KPPU. This regulation replaces Supreme Court Regulation No. 3 of 2005 on the same subject. Under Law No. 5 of 1999 on the Prohibition of Monopolistic Practices (...)

The US DoJ holds a workshop addressing labour competition issues including "no-poach" agreements between companies
Baker Botts (Houston)
États-Unis 1 contribution 118 visites
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Baker Botts (Houston)
États-Unis 1 contribution 118 visites
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Baker Botts (Houston)
États-Unis 1 contribution 118 visites
…
A senior Department of Justice (DOJ) official recently remarked that the number of "no-poach" agreements between companies — which can include agreements not to solicit or hire a competitor’s employees — in apparent contradiction of DOJ and Federal Trade Commission (FTC) guidance was "shocking" (...)

Regulatory

 The Australian Federal Parliament removes the exception in the national Competition Law Act in relation to intellectual property rights
Ashurst (Melbourne)
Australie 1 contribution 73 visites
The federal Parliament has removed the exception in the Competition and Consumer Act 2010 (Cth) (CCA) in relation to intellectual property rights. These dealings are now subject to the prohibitions against cartel conduct and anti-competitive conduct. The repeal applies to dealings entered into (...)

The Japanese FTC puts out a call for comments on new guidelines that will define the Authority’s approach to abuse of superior bargaining position infringements for transactions between digital platforms and consumers
White & Case (Tokyo)
Japan 20 contributions 2997 visits
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White & Case (Tokyo)
Japon 19 contributions 2933 visites
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White & Case (Tokyo)
Japan 20 contributions 2997 visits
On August 29, 2019, the Japan Fair Trade Commission ("JFTC") published a draft of new "Guidelines Concerning Abuse of a Superior Bargaining Position in Transactions between Digital Platform Operators and Consumers that Provide Personal Information, etc." ("New Guidelines") to seek comments from (...)

The Dutch Competition Authority publishes a discussion paper suggesting ex-ante enforcement tools to deal with competition issues in the digital economy
Bird & Bird (The Hague)
Netherlands 34 contributions 7753 visits
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KPN (Amsterdam)
Belgium 33 contributions 6716 visits
In May 2019 the Dutch State Secretary of Economic Affairs & Climate (’Ministry’) stated that she will plead in Europe for a new competence in European competition enforcement to keep digital markets accessible. One of her suggestions is to enable the competition authority to intervene in (...)

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