December 2015

General antitrust

Anticompetitive practices

 The Polish Competition Authority issues a decision in a bid rigging case concerning tenders for bread delivery to public institutions applying the ’single continuous infringement’ EU case law (Natex / Dziewit)
WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 19 contributions 6695 visits
By way of its decision no. RKR – 18/2015 of 30 December 2015, the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “PCA”) imposed a fine of over PLN 130,000 PLN (approx. EUR 30,000) on two bread delivery companies engaged in bid rigging, influencing the (...)

The Polish President of the Office of Competition and Consumer Protection imposes sanctions on two undertakings for colluding in public-institution tenders for the supply of bread (Natex / Dziewit)
Hansberry Tomkiel (Warsaw)
Poland 6 contributions 1157 visits
I.Introductory remarks In its decision no RKR-18/2015 dated 30 December 2015 (the “Decision”,) the Polish Office for Competition and Consumer Protection (“OCCP”) sanctioned two undertakings from the Subcarpatian Voivodship in Poland: „Firma Produkcyjno Usługowa NATEX Sylwia Graniczka” (...)

The Chinese NDRC fines shipping companies for price-fixing (EUKOR / Wallenius Wilhelmsen Logistics / Eastern Car Liner / Mitsui)
Robert Connolly Law (Philadelphia)
États-Unis 23 contributions 5076 visites
China Fines 7 Shipping Companies $65 Million* Shipping cartels have been a frequent target of prosecution by the Antitrust Division of the United States Department of Justice. The rules around shipping cartels can be confusing because certain joint pricing activity can be legal and there are (...)

The UK Competition Appeal Tribunal hears the first damages claim since the entry into force of the Consumer Rights Act 2015 (NCRQ)
Constantine Cannon (London)
Royaume-Uni 1 contribution 573 visites
On 22 December 2015, the Competition Appeal Tribunal (the “CAT”) announced the commencement of two damages actions which, according to its website , were only the second and third claims issued in the CAT since 1 October, when the Consumer Rights Act 2015 came into force seismically changing (...)

The Frankfurt Higher Regional Court rules on restrictions imposed on the use of online platforms and price comparison websites in a selective distribution system (Deuter)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56718 visits
On 22 December 2015, the Higher Regional Court of Frankfurt (the “Court”) issued a ruling on appeal concerning the selective distribution system of Deuter, a producer of quality backpacks. The Court assessed two restrictions imposed by Deuter on the resellers belonging to its selective (...)

The Frankfurt Higher Regional Court holds that manufacturers of branded goods are entitled to prohibit authorised retailers in selective distribution agreements from distributing their goods via third-party online platforms (Markenrucksäcke / Branded Backpacks)
Hogan Lovells (Munich)
Allemagne 65 contributions 25100 visites
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European Court of Justice (Luxembourg)
Luxembourg 4 contributions 2785 visits
I. The Facts The parties argue in a civil law proceeding whether a manufacturer could make the supply of goods to an authorised distributor in a selective distribution system subject to a contractual obligation not to resell goods via online sales platforms such as Amazon and advertise them (...)

The Chinese State Administration for Industry and Commerce fines insurance companies for market sharing (Insurance Companies)
University of Melbourne
Australie 103 contributions 29110 visites
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China Competition Bulletin (Beijing)
Chine 101 contributions 26068 visites
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Hogan Lovells (Beijing)
Chine 81 contributions 19903 visites
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Recently, the SAIC published the decisions of its local offices in Hubei and Jiangxi relating to market sharing agreements by insurance companies. Both decisions involved coinsurance arrangements relating to accidental injury insurance for the construction industry. Hubei The Hubei (...)

The Stockholm City Court fines three healthcare providers for cartel (Aleris / Capio / Hjärtkärlgruppen)
Swedish Competition Authority (Stockholm)
Sweden 69 contributions 9945 visits
High cartel fines for health care providers* Three health care providers that collaborated unlawfully in the procurement of health care services in Stockholm were ordered by Stockholm City Court to pay around SEK 28 million in fines. “I am very satisfied with the court’s clear message that (...)

The Lithuanian Competition Authority announces that three cinema operators have implemented two separate cartel agreements (Forum Cinemas)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20206 visits
Lithuanian Competition Council detected two cartels by cinema operators* On December 18 Lithuanian Competition Council (KT) announced that three cinema operators, “Forum Cinemas“, “Multikino Lietuva“ and “Cinamon Operations“, had been fixing prices of cinema tickets as part of two separate (...)

The Hellenic Competition Authority decides that the franchise agreement between two companies, in the furniture secto, included a hardcore clause(Neoset)
Kyriakides Georgopoulos (Athens)
Greece 61 contributions 2279 visits
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Kyriakides Georgopoulos (Athens)
Grèce 28 contributions 935 visites
Vertical restraints in NEOSET’s franchise network for furniture (HCC 622/2015) NEOSET was an established manufacturer and distributor of furniture. Following a pecuniary dispute with DIAMESO (a franchisee), and the termination of their agreement in 2008, DIAMESO claimed damages from alleged (...)

The Hong Kong Competition Authority receives an application for block exemption regarding liner shipping agreements (Hong Kong Liner Shipping Association)
Robert Connolly Law (Philadelphia)
États-Unis 23 contributions 5076 visites
Hong Kong Shipping Association Seeks Liner Exemption* The Hong Kong Liner Shipping Association has submitted to the Hong Kong Competition Commission for consideration a block exemption for liner shipping agreements. The HK Commission gave interested parties until March 24 to comment on the (...)

The District Court of Rotterdam annuls a penalty imposed to an association of undertakings for making recommendations on the establishment of new general practitioners (LHV)
Wolters Kluwer
Pays-Bas 3 contributions 721 visites
On 17 December 2015, the District Court of Rotterdam (“Court”) annulled a penalty imposed to LHV for violating the Dutch cartel prohibition. The proceedings on appeal brought against the ACM-decision have been a major success for LHV. While in administrative appeal the fine was reduced by ACM (...)

The Latvian Competition Authority fines €11 573 two hardware suppliers for a cartel agreement in a public procurement (Expert Digital / Hannu Digital)
Latvian Competition Council (Riga)
Latvia 123 contributions 23809 visits
The CC fines Two Hardware Suppliers for Bid Rigging* On 16 December, the Competition Council (CC) of Latvia took a decision to fine two hardwire suppliers SIA Expert Digital and SIA SIA Hannu Digital for a cartel agreement in a public procurement. The fine was set in a total amount of 11 573 (...)

The EU General Court rules on appeals brought by several airlines against the EU Commission’s decision which imposed €799 million fines for their alleged participation in a cartel (Airfreight cartel)
Van Bael & Bellis (Brussels)
Belgique 386 contributions 92688 visites
On 16 December 2015, the EU General Court (“GC”) handed down its judgments on appeals brought by several airlines against the European Commission’s 2010 decision imposing fines totalling € 799 million on the airlines for their alleged participation in a cartel relating to airfreight services. (...)

The Italian Supreme Court overturns the Appeal Court’s dismissal decision in a follow-on damages claim over an anti-competitive agreement in the insurance industry (Felicia Santoro / Alleanza Toro)
Intesa Sanpaolo (Milan)
Italie 15 contributions 22776 visites
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Intesa Sanpaolo (Milan)
Italie 11 contributions 6095 visites
Brief summary of facts Alleanza Toro, an insurance company, was fined by the ICA for having participated in a horizontal anti-competitive agreement that resulted in higher premiums to consumers. The Court of Appeal had refused the request of damages demanded by claimant, stating that the ICA (...)

The Danish Competition Authority accepts commitments proposed by independent building surveyors which resolve competition concerns (Botjek)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35924 visits
The Danish Competition Council has made Botjek A / S’ commitments binding* Botjek A/S has proposed commitments in order to ensure that the members of the Botjek chain are free to compete with each other to perform building condition reports, reports on the conditions of electrical (...)

The EU General Court reminds the Commission that grounds for a ruling must be consistent with findings (Airfreight cartel)
Hausfeld (London)
Royaume-Uni 20 contributions 5171 visites
On 16 December 2015, Christmas came early for thirteen airlines when the European General Court annulled (“reversed” in U.S. terminology) the European Commission’s (the “Commission”) November 2010 Air Freight decision, in which they were fined a total of EUR 799 million (the “Decision”). The (...)

The EU General Court annuls the EU Commission’s decision fining a number of cargo airlines for a price fixing cartel (Airfreight Cartel)
Nokia (Brussels)
États-Unis 4 contributions 3225 visites
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Quinn Emanuel Urquhart & Sullivan (Brussels)
Belgique 7 contributions 5381 visites
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UK Competition & Markets Authority - CMA (London)
Belgique 12 contributions 13065 visites
The General Court annulled the airfreight decision adopted in November 2010 by which the European Commission fined a number of air freight carriers EUR 799 million for a price fixing cartel. According to the Court, the grounds of the decision and the operative part of the decision were (...)

The Hellenic Competition Authority decides that a company abuse of its dominant position concerning with regard to the supply of electricity in the energy sector (Aluminium / DEI)
Kyriakides Georgopoulos (Athens)
Greece 61 contributions 2279 visits
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Kyriakides Georgopoulos (Athens)
Grèce 28 contributions 935 visites
Commitments by the Public Power Corporation (DEI) addressing abuse of dominance concerns with regard to the supply of electricity to Aluminium of Greece (HCC 621/2015) A long-standing and episodic standoff between DEI (incumbent producer and supplier of electricity in Greece) and Aluminium (...)

The French Competition Authority publishes a decision by which it fines two anticompetitive agreements in the delivery service sector (Traditional and express delivery service)
French Competition Authority (Paris)
France 743 contributions 395427 visits
Delivery service (transporting parcels) industry* Today, the Autorité de la concurrence issues a decision by which it fines two anticompetitive agreements in the delivery service industry for a total amount of 672.3 million euros: The principal agreement in question has been subject to a (...)

The German Competition Authority welcomes the fact that car retailers can cooperate with intermediaries for new cars (Ford)
German Competition Authority (Bonn)
Allemagne 447 contributions 113816 visites
Car retailers can cooperate with intermediaries for new cars. Restrictions imposed by manufacturers lifted following Bundeskartellamt proceedings.* In the spring of this year the Bundeskartellamt initiated proceedings against the automobile manufacturers Ford, Opel and PSA Peugeot Citroën (...)

The Competition Commission of India finds prima facie case for abuse of dominance and anti-competitive terms in technology licensing agreement (Mahyco Monsanto Biotech)
Tata Institute of Social Sciences (Mumbai)
Inde 1 contribution 218 visites
Background Reference from Ministry of Agriculture and separate complaint from Nuziveedu Seeds Ltd and certain other seed companies alleging abuse of dominant position and anti-competitive practices in Bt-cotton technology licensing process by Mahyco Monsanto Biotech (MMB) has led to this (...)

The Indian Competition Appellate Tribunal sends cement cartel case back to the Competition Authority because of failure to ensure compliance with principles of natural justice (Binani Cement / Builders’ Association of India)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 42180 visites
Competition Appellate Tribunal sets aside the order of Competition Commission of India against cement cartel* The Competition Appellate Tribunal (COMPAT) vide its recent order dated December 11, 2015 while allowing the appeals of the 10 appellants has set aside the order of the Competition (...)

The Polish Competition Authority imposes sanctions for retail price maintenance in the wristwatch distribution sector while announcing a new economic-based approach to vertical agreements (Swatch)
Hansberry Tomkiel (Warsaw)
Poland 6 contributions 1157 visits
I. Introductory remarks In its decision no DOK 4/2015 of 8th December 2015 (the “Decision”,) the Polish Office for Competition and Consumer Protection (“Competition Authority”) sanctioned the Swatch Group (Polska) Sp. z o.o. (“SGP”) and four retail distributors of wristwatches. According to (...)

The Indian Competition Appellate Tribunal sends case of anticompetitive conduct against film distributors back to Indian Competition Authority for reconsideration (K Sera Sera Digital Cinema / Digital Cinema Initiatives)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 42180 visites
Competition Appellate Tribunal (COMPAT) directs re-consideration by CCI against movie producers/ distributors for alleged cartelisation in setting unfair standards in cinema exhibition* COMPAT, by its order dated December 8, 2015 reversed the order of CCI dated April 22, 2015 which closed a (...)

The German Competition Authority fines three publishers of advertising newspapers for implementing anticompetitive agreements (Chemnitzer Verlag und Druck)
German Competition Authority (Bonn)
Allemagne 447 contributions 113816 visites
Three publishers of advertising newspapers in Saxony fined for illegal agreements* The Bundeskartellamt has imposed fines amounting to 12.44 million euros on three publishers of advertising newspapers and persons responsible in the Dresden and Chemnitz region. The companies are accused of (...)

The Polish Competition Authority fines several companies for a price fixing agreement on the market of brand watches (Swatch)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21820 visits
Poland’s competition Authority concludes proceeding on wristwatch market collusion* The Office of Competition and Consumer Protection (UOKiK) fines Swatch Group Polska and several retailers for entering into an illegal price setting agreement on a range of watch brands. Proceedings in the (...)

The Indian Competition Appellate Tribunal cancels fine due to the lack of evidence against individual executive member of charged association and investigation errors (Swapan Kumar Karak)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 42180 visites
COMPAT quashes penalty for individual liability imposed on a member of Executive Committee of a pharmaceutical distributors’ association* COMPAT vide its order dated December 7, 2015 set-aside the penalty of INR 47, 63,579/- imposed by CCI on Shri Swapan Kumar Karak (Director, Karak (...)

The French Competition Authority announces the launch of a public consultation by the EU Commission on how to ensure that national competition authorities effectively enforce competition law
French Competition Authority (Paris)
France 743 contributions 395427 visits
Launch of a public consultation by the European Commission* The European Commission has launched a public consultation on how to ensure that national competition authorities effectively enforce competition law. The Autorité de la concurrence invites all relevant stakeholders to contribute (...)

The Lithuanian Competition Authority fines two undertakings active in energy and heating sectors for concluding an anti-competitive vertical agreement (Vilniaus Energija / Bionovus)
Cobalt Legal (Vilnius)
11 contributions 206 visites
Lithuanian Competition Council finds infringement in a contract awarded by a utility The Lithuanian Competition Council fined two undertakings for concluding a prohibited vertical agreement in the energy and heating sector. Vilniaus Energija, a major supplier of heating in the Vilnius (...)

The EU Commission confirms it has carried out several unannounced inspections in the rail passenger transport market
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
Antitrust: Commission confirms unannounced inspections in rail passenger transport sector* The European Commission can confirm that on 24 November 2015 its officials carried out unannounced inspections in the sector of rail passenger transport and related services in Austria. The (...)

The Serbian Competition Authority opens an investigation against tobacco companies for concerted practices (Philip Morris / JT International / British American Tobacco / Imperial Tobacco)
BDK Advokati (Belgrade)
Serbia 15 contributions 690 visits
The Serbian Commission for the Protection of Competition (“Commission“) terminated on 15 May 2019 an investigation initiated in November 2015 against Philip Morris, JT International, British American Tobacco and Imperial Tobacco for allegedly having entered into a restrictive agreement in the (...)

The Competition Commission of India fines a pharmaceutical laboratory and a pharmacists association for anticompetitive agreement (Alkem / AKCDA)
Meta (New Delhi)
Inde 7 contributions 3799 visites
On 1 December 2015 the Competition Commission of India (CCI/Commission) passed an order fining Alkem Laboratories Limited (Alkem) and the All Kerala Chemist and Druggist Association (AKCDA) for violation of the Competition Act, 2002 (Competition Act). The alleged conduct was held to be an (...)

Unilateral Practices

 The Portuguese Competition Authority fines an association of pharmacists for abuse of dominance on the pharmacies’ commercial data market (ANF)
Portuguese Competition Authority (Lisbon)
Portugal 117 contributions 28877 visits
The Portuguese Competition Authority fined ANF Group for abusing its dominant position* The Portuguese Competition Authority (PCA) has imposed fines of € 10.340.000 on ANF (Associação Nacional das Farmácias) and three companies of the ANF Group (Farminveste – S.G.P.S., S.A., Farminveste – (...)

The Chinese NDRC and State Administration for Industry & Commerce release separate draft antitrust guidelines on the abuse of IP rights for public comment
University of Melbourne
Australie 103 contributions 29110 visites
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China Competition Bulletin (Beijing)
Chine 101 contributions 26068 visites
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Hogan Lovells (Beijing)
Chine 81 contributions 19903 visites
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On 31 December 2015, the NDRC issued the Guideline on the Abuse of Intellectual Property Rights (Consultation draft) (NDRC draft IPR guideline) for public comment. The public consultation period ended on 20 January 2016. The NDRC provided an update on consultation process on 1 February 2016. (...)

The Portuguese Competition Authority receives remedies from an automobile constructor regarding motor vehicles warranties (Fiat)
Portuguese Competition Authority (Lisbon)
Portugal 117 contributions 28877 visits
Fiat offers commitments regarding motor vehicles warranties* The Portuguese Competition Authority (PCA) opened proceedings against Fiat Group Automobiles Portugal, S.A., now FCA Portugal, S.A. (Fiat), in relation to the Fiat brand, for alleged infringements of competition rules. The (...)

The Estonian Competition Authority accepts commitment proposed by a vertically integrated electricity network operator to offer to all electricity suppliers the option of issuing joint invoices (Elektrilevi)
Sorainen (Tallinn)
Estonie 1 contribution 238 visites
With its 29 December 2015 decision, the Estonian Competition Authority (“ECA”) closed proceedings concerning an alleged abuse of dominance by the leading vertically integrated electricity network operator in Estonia, Elektrilevi OÜ. The proceedings were closed without a decision on whether a (...)

The Turkish Competition Authority rejects the complaint that agreements between a major IT company and several OEMs on the exclusive pre-installation of mobile apps infringed competition rules (Yandex / Google)
Ankara Hacı Bayram Veli University (Ankara)
31 contributions 12009 visites
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the complaint of a rival IT company, Yandex, that agreements of a major IT company, Google, with a number of original equipment manufacturers (OEMs) on the exclusive pre-installation of its (...)

The German Competition Authority prohibits "best price" clauses implemented by an online hotel booking company (Booking.com)
German Competition Authority (Bonn)
Allemagne 447 contributions 113816 visites
Narrow ’best price’ clauses of Booking also anticompetitive* Today the Bundeskartellamt prohibited Booking (Booking.com Deutschland GmbH, Berlin, and Booking.com B.V., Amsterdam) from continuing to apply its ’best price’ clauses and ordered the hotel booking portal to completely delete the (...)

The Indian Competition Authority dismisses allegations of predatory pricing in the market for taxi services due to lack of dominance (Meru Travel Solutions / Uber India)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 42180 visites
CCI dismisses case alleging predatory pricing against Uber India* CCI on December 22, 2015 ordered prima-facie closed the case for an alleged abuse of dominance under section 4 of the Act against taxi services provider, Uber. The case was filed by Meru Travel Solutions Private Ltd. (Meru) (...)

The French Competition Authority fines a mobile carrier for abuse of dominance in the business market (Orange)
French Competition Authority (Paris)
France 743 contributions 395427 visits
The Autorité de la concurrence fines Orange 350 million euros for having abusively hindered the development of competition in the business market since the early 2000s. The Autorité also takes action to restore market competition for the benefit of business clients* In brief After (...)

The French Competition Authority imposes € 350 million fine on a company for discriminatory conduct (Orange)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 65834 visits
On 17 December 2015, the French competition authority (“FCA”) imposed a fine of € 350 million on Orange for abusing its dominant position on the markets for fixed and mobile telecommunications services. In relation to fixed services, Orange was found to have engaged in discrimination against (...)

The Dutch Competition Authority pronounces an order obliging a dominant postal service company to transmit its price list to its competitors (PostNL)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35138 visits
ACM: postal company PostNL must stop frustrating its competitors* Dutch postal company PostNL failed to share clearly with other postal companies part of its tariffs and conditions for mail delivery. Consequently, Van Straaten Post and Intrapost, two smaller rival postal companies, did not (...)

The EU Commission accepts commitments proposed by an electricity provider to open up the Bulgarian wholesale electricity market (Bulgarian Energy Holding)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
Antitrust: Commission accepts commitments by Bulgarian Energy Holding to open up Bulgarian wholesale electricity market* The European Commission has adopted a decision that renders legally binding the commitments offered by Bulgarian Energy Holding (BEH) to end competition restrictions on (...)

The EU Commission accepts the commitments proposed to end competition restrictions in Bulgaria’s wholesale electricity market (Bulgarian Energy Holding)
Mondelez (Sofia)
Roumanie 8 contributions 2950 visites
On December 10, 2015 the European Commission accepted the commitments proposed by Bulgarian Energy Holding to open up the Bulgarian wholesale electricity market. The decision should lead to greater liberalization and transparency on the wholesale electricity market in Bulgaria, thus enhancing (...)

The US District Court for the Northern District of California receives joint filling closing over three years of patent and antitrust proceedings (Samsung / Apple)
DLA Piper Weiss-Tessbach (Vienna)
Austria 26 contributions 7539 visits
Samsung/Apple update: Samsung will pay $548 million in patent damages to Apple* On December 3, 2015 Samsung and Apple submitted a joint filing in which Samsung agreed to pay $548 million in patent damages to Apple to satisfy a partial judgment. In August 2012, a jury had awarded $ 1.05 (...)

The Croatian Competition Authority concludes that a dominant company did not engage in predatory conduct and therefore did not abuse its dominance in the postal services market (Hrvatska pošta)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19446 visits
Hrvatska pošta was not engaged in predatory conduct and therefore did not abuse its dominant position* The Croatian Competition Agency (CCA) found that Hrvatska pošta (HP) did not distort competition in the provision of postal services concerning items of correspondence (so called universal (...)

The EU Commission sends two statements of objections to a mobile technology company on exclusivity payments and predatory pricing (Qualcomm)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
Antitrust: Commission sends two Statements of Objections on exclusivity payments and predatory pricing to Qualcomm* The Commission informed Qualcomm of its preliminary conclusions that the company may have illegally paid a major customer for exclusively using its chipsets and sold chipsets (...)

The Finnish Competition Authority ends its investigation into suspected abuse of dominance in the rail freight transport market (VR-Group)
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12572 visits
FCCA halts investigation into VR Group’s domestic freight transport* The Finnish Competition and Consumer Authority’s (FCCA) investigations provided no basis for continuing the investigation. In October 2012, Fenniarail Ltd (formerly Proxion) submitted a request for action, concerning (...)

The Romanian Competition Authority fines an IT company for abuse of dominance on the inkjet printers business market (Hewlett-Packard)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27935 visits
The Competition Council has sanctioned HP Romania for abuse of dominant position* The Competition Council has sanctioned Hewlett - Packard (HP) Romania with fine of lei 2,966,516 (approx. Euro 665,000) for abuse of dominant position. Following the investigation conducted, the Competition (...)

The Hungarian Competition Authority accepts commitments proposed by a software company suspected of abuse of dominance (Nielsen)
Hungarian Competition Authority (Budapest)
Hongrie 93 contributions 19130 visites
The GVH accepted the commitments offered by Nielsen* The Hungarian Competition Authority (Gazdasági Versenyhivatal, GVH) accepted the commitments offered by Nielsen Közönségmérés Kft. (Nielsen), pursuant to which in the future it will set the prices of its databases and of the related (...)

The Portuguese Competition Authority receives commitments from a car manufacturer ending competition concerns regarding motor vehicles warranties (SIVA)
Portuguese Competition Authority (Lisbon)
Portugal 117 contributions 28872 visites
SIVA offers commitments to the Portuguese Competition Authority regarding motor vehicles warranties* The Portuguese Competition Authority has opened proceedings against SIVA – Sociedade de Importação de Veículos Automóveis, S.A., the Portuguese importer of Audi, Volkswagen and Skoda brands, (...)

The Hellenic Competition Authority fines a brewer for abuse of dominance on the Greek beer market (Athenian Brewery)
Hellenic Competition Commission (Athens)
Grèce 127 contributions 17288 visites
Decision concerning an infringement of Articles 2 of the Competition Act and 102 TFEU by Athenian Brewery S.A. in the Greek beer market * Following an investigation (ex officio and upon a complaint by Mythos Brewery S.A.), the Hellenic Competition Commission found that Athenian Brewery S.A., (...)

Mergers

 The French Competition Authority opens an in-depth investigation concerning a merger in the food retail sector (Auchan / System U)
French Competition Authority (Paris)
France 743 contributions 395427 visits
RETAILING SECTOR* The Autorité de la concurrence has decided to open an in-depth examination regarding the de facto merger of Auchan and System U. Auchan and System U groups have notified the Autorité de la concurrence of their merger project on December 30th 2015, after a referral of the (...)

The Montenegrin Competition Authority issues a conditional approval of a concentration in the markets of distribution of media contents and provision of direct internet access services (Telemach / M-Kabl)
BDK (Podgorica)
Montenegro 17 contributions 1414 visits
On 29 December 2015, the Montenegrin Agency for Protection of Competition (“Agency“) issued its first conditional approval of a concentration, this time between Telemach A.D. Podgorica (“Telemach“) and M-Kabl doo Podgorica (“M-Kabl“). The concentration is a result of an indirect acquisition of (...)

The Indian Competition Authority clears acquisition of all shares in two jointly owned financial companies by single owner (Invesco HK / Religare / RI-AMC / RI-TC)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42180 visits
CCI approves combination between Invesco Hong Kong Limited (Invesco HK) and Religare entities* The CCI, by its order dated December 22, 2015, has approved the proposed acquisition of shares of Religare Enterprises Limited (REL)in Religare Invesco Asset Management Company Private Limited (...)

The EU Commission clears a merger subject to remedies in the market of heating products (Elster / Honeywell)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
MERGERS: COMMISSION APPROVES ACQUISITION OF ELSTER BY HONEYWELL, SUBJECT TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Elster by Honeywell, subject to divestment of Honeywell’s gas metering business. The activities of the (...)

The UK Supreme Court confirms the Competition Authority’s decision to treat an acquisition of 3 ferries and related assets as a merger (Eurotunnel / SeaFrance / MyFerryLink)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95612 visits
CMA welcomes Supreme Court judgment in Eurotunnel case* The CMA has welcomed the judgment by the Supreme Court to uphold its appeal in the Eurotunnel case. In the judgment handed down today, the Supreme Court has ruled that the Competition and Markets Authority (CMA) took the correct (...)

The UK Competition Authority opens an in-depth investigation regarding a merger in the computer-based testing sector after considering proposed remedies to be insufficient (Pearson / Learndirect)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95612 visits
CMA refers computer-based testing merger for in-depth investigation* The CMA has referred Pearson VUE’s anticipated acquisition of learndirect’s computer-based testing business for a phase 2 investigation. Earlier this month, the Competition and Markets Authority (CMA) said that it would (...)

The UK Supreme Court overturns the Competition Appeals Tribunal judgment on whether acquisition of assets upon liquidation is subject to merger control (Eurotunnel / SeaFrance / MyFerryLink)
Blackstone Chambers (London)
Royaume-Uni 23 contributions 5804 visites
Asset acquisitions and mergers: Eurotunnel in the Supreme Court*The Supreme Court’s recent decision in Eurotunnel II ([2015] UKHL 75) brings some much-needed clarity to what was becoming a rather opaque corner of the UK merger regime. It also contains statements of general principle which are (...)

The EU Commission analyzes two national telecom merger cases, and finds an associated increase in prices in the Netherlands case, but not in the Austria case (T-Mobile / Orange), (T-Mobile / tele.ring)
European Commission
Belgium 2 contributions 278 visits
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Charles River Associates International (CRA)
Belgium 3 contributions 1162 visits
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EFTA Surveillance Authority (Brussels)
Belgium 3 contributions 732 visits
Ex post analysis of two mobile telecom mergers: T-Mobile/tele.ring in Austria and T-Mobile/Orange in the Netherlands* In a nutshell: Ex post evaluation of merger decisions is a valuable tool for improving the understanding of markets and to assess merger control policy. To provide reliable (...)

The EU Commission clears a merger in the market of commodity traders (Nyrstar / Trafigura)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
MERGERS: COMMISSION CLEARS TRAFIGURA’S ACQUISITION OF DE FACTO SOLE CONTROL OF NYRSTAR* The European Commission has approved under the EU Merger Regulation the acquisition of sole control of Nyrstar of Belgium by Trafigura of the Netherlands. Trafigura is one of the world’s leading (...)

The UK Competition Authority opens an in-depth investigation concerning a merger in the pharmacy sector (Sainsbury / Celesio)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95612 visits
Pharmacy merger faces in-depth investigation* Celesio’s anticipated acquisition of Sainsbury’s pharmacy business faces being referred for an in-depth investigation by the CMA. Celesio AG (Celesio), through its subsidiary Lloyds Pharmacy Limited (Lloyds), operates 1,542 pharmacies across (...)

The French Competition Authority clears merger of 2 fast food restaurant chains, subject to divestitures in a local market (Quick / Burger King France)
Deloitte (Paris)
France 24 contributions 33123 visites
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Deloitte (Paris)
France 2 contributions 1084 visites
The operation notified to the French Competition Authority (FCA) consists in the acquisition of the firm Quick by the firm Burger King France. Burger King and Quick are two fast-food restaurant chains selling hamburgers. The purpose of the operation is to turn 300 Quick restaurants located in (...)

The French Competition Authority clears, subject to remedies, a merger in the fast food market (Quick / Burger King)
French Competition Authority (Paris)
France 743 contributions 395427 visits
The Autorité de la concurrence clears the acquisition of Quick by Burger King, subject to commitments.* On 4 November 2015, Burger King France notified to the Autorité de la concurrence the acquisition of sole control of the Quick group. Burger King France operates a network of thirty (...)

The Italian Competition Authority conditionally clears a merger between two major ferry operators (Onorato Partcipazioni-Newco / Moby-Compagnia Italiana di Navigazione)
Municipality of Cagliari
167 contributions 133274 visits
Introduction By the decision made on 10 December 2015 in Onorato Partcipazioni-Newco/Moby-Compagnia Italiana di Navigazione (OP/Moby-CIN), the Italian Competition Authority (ICA) has conditionally cleared a concentration involving two major ferry operators active on maritime routes (...)

The Indian Competition Authority clears an acquisition of minority shareholdings in the insurance sector (FAL / ICICI Lombard)
Shardul Amarchand Mangaldas (Mumbai)
India 70 contributions 19634 visits
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Economic Laws Practice (Mumbai)
India 12 contributions 2856 visits
Introduction A notification was filed by FAL Corporation (“FAL”) under Section 6(2) of the Competition Act, 2002 (“Act”), pursuant to execution of an agreement amending the Joint Venture Agreement entered between FAL and ICICI Bank Limited (“ICICI”), in relation to its acquisition of (...)

The Indian Competition Authority clears an acquisition of minority shareholdings in the insurance sector (FAL / ICICI Lombard)
Shardul Amarchand Mangaldas (Mumbai)
India 70 contributions 19634 visits
,
Economic Laws Practice (Mumbai)
India 12 contributions 2856 visits
Introduction A notification was filed by FAL Corporation (“FAL”) under Section 6(2) of the Competition Act, 2002 (“Act”), pursuant to execution of an agreement amending the Joint Venture Agreement entered between FAL and ICICI Bank Limited (“ICICI”), in relation to its acquisition of (...)

The US FTC challenges office supplies merger, focusing exclusively on the business-to-business market (Staples / Office Depot)
Constantine Cannon (Washington)
États-Unis 4 contributions 793 visites
FTC Moves To Break Up Staples Office Depot Merger* The Federal Trade Commission filed an administrative complaint yesterday seeking to block Staples, Inc.’s proposed $6.3 billion acquisition of rival Office Depot, Inc., claiming the merger would violate the antitrust laws by significantly (...)

The German Competition Authority clears a possible takeover in the rental of residential properties market (Deutsche Wohnen / Vonovia)
German Competition Authority (Bonn)
Germany 447 contributions 113815 visits
Bundeskartellamt clears possible takeover of Deutsche Wohnen by Vonovia* In first phase proceedings the Bundeskartellamt has cleared plans by Vonovia SE, Düsseldorf, to acquire all the shares in Deutsche Wohnen AG, Frankfurt am Main, by way of a public takeover bid. The project affects a (...)

The EU Commission open an in-depth investigation on a merger in the mobile telecommunications services market (Hutchison / Telefónica UK)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
MERGERS: COMMISSION CONTINUES INVESTIGATION OF HUTCHISON 3G / TELEFÓNICA UK MERGER WITHOUT REFERRAL TO UK* Commission does not refer investigation of Hutchison/Telefónica UK merger to UK The European Commission has decided not to refer the planned acquisition of Telefónica UKby Hutchison (...)

The EU Commission clears a merger, subject to remedies, on the market of chemicals for the mining industry (Solvay / Cytec)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
The EU Commission clears a merger, subject to remedies, on the market of the chemicals for the mining industry (Solvay / Cytec)* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Cytec by Solvay. The decision is conditional on Solvay’s (...)

The German Competition Authority clears a merger in the online advertising sector (Ströer / OMS)
German Competition Authority (Bonn)
Germany 447 contributions 113815 visits
CLEARANCE OF TAKEOVER BU STÖER OF ONLINE MARKETING COMPANY OMS* In first phase proceedings the Bundeskartellamt has cleared plans by Ströer SE, Cologne, to acquire all the shares in OMS-Vermarktungs GmbH & Co. KG, Düsseldorf. The merger project affects the online advertising sector. (...)

State Aid

 The EU General Court annuls the Commission’s decision finding Spain’s tax lease system constitutes illegal State aid (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión)
European Court of Justice (Luxembourg)
Luxembourg 4 contributions 1595 visites
The Spanish tax lease case: Identifying the beneficiary under the selectivity test in Fiscal aid schemes*In its judgment of 17 December 2015, Spain a.o./Commission the General Court once again annulled a Commission decision dealing with a fiscal State aid scheme on the grounds that the (...)

The EU Commission finds that a Greek resolution measure to cover a bank’s funding gap does not constitute State aid (Bank of Peloponnese)
Maastricht University
Belgium 353 contributions 64279 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 General Court overturns a Commission finding that a Spanish tax lease system is illegal State aid (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión)
Maastricht University
Belgium 353 contributions 64279 visits
An Exception Is Not Necessarily Selective: The Case of the Spanish Tax Lease* An exception from a tax system is not selective if it is a priori open to any tax payer. Checks by tax authorities to ensure that a measure is applied correctly do not constitute exercise of administrative (...)

The EU General Court annuls the Commission’s decision declaring the Spanish tax lease system to constitute illegal State aid (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión)
ADIF (Madrid)
Espagne 1 contribution 620 visites
1. Introduction On July 2011 the Commission launched an investigation into a Spanish scheme for the purchase of ships involving leasing and financing through tax relief. The complex scheme granted company income tax discounts to investors that invested in an Economic Interest Grouping (...)

The EU General Court annuls a Commission’s decision finding a Spanish tax illegal (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión)
Van Bael & Bellis (Brussels)
Belgium 153 contributions 33998 visits
On 17 December 2015, the General Court (“GC”) handed down its judgment in joined cases T-515/13, Spain v Commission and T-719/13, Lico Leasing SA and Pequeños y Medianos Astilleros Sociedad de Reconversión SA v Commission annulling a 2013 European Commission decision which had found that the (...)

The EU Commission finds that publicly funded advisory and information activities in the dairy sector can constitute State aid (Verband der deutschen Milchwirtschaft)
Maastricht University
Belgium 353 contributions 64279 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 General Court holds that the sale of Greek goldmines for below their market value is incompatible State aid (Greece / Ellinikos Chrysos)
Maastricht University
Belgium 353 contributions 64279 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 opens a formal investigation concerning undue tax benefits potentially granted by Luxembourg to a fast food restaurant chain (McDonald’s)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
State aid: Commission opens formal investigation into Luxembourg’s tax treatment of McDonald’s* The Commission has opened a formal probe into Luxembourg’s tax treatment of McDonald’s. Its preliminary view is that a tax ruling granted by Luxembourg may have granted McDonald’s an advantageous (...)

Procedures

 The Indian Competition Appeal Tribunal sets aside cartel fines against cement companies (Cement Cartel Case)
Chandhiok & Mahajan (New Delhi)
Inde 12 contributions 2450 visites
COMPAT sets aside cartel fines against cement companies* The most significant cartel development of 2015 happened to come right at the end. On 11 December 2015, the Competition Appellate Tribunal (COMPAT) set aside an order of the CCI imposing fines amounting to approx. USD 945.4 million on (...)

The UK High Court allows a plaintiff to amend its claim and introduces a plea on the counterfactual which were not originally included in the complaint to the EU Commission (Deutsche Bahn / MasterCard)
Blackstone Chambers (London)
Royaume-Uni 5 contributions 736 visites
Illegal counterfactuals: bringing in new claims by the backdoor?*It is fairly well-established in competition cases that the hypothetical counterfactual – which, for the purposes of causation, posits what the situation would have been absent any breach of competition law – cannot contain (...)

Regulatory

 The French Competition Authority publishes opinion regarding the implementation of a new online taxi platform (Le.taxi)
French Competition Authority (Paris)
France 743 contributions 395427 visits
The Autorité has published the opinion issued to the Government on the implementation of the Le.taxi platform* Following publication of the texts launching the Le.taxi service, the Autorité de la concurrence has published the opinion it issued to the Government. Subject to compliance with (...)

The Estonian Competition Authority issues a proposal on the establishment of pharmacies and the prohibition of connection with wholesale sellers of medicinal products
Estonian Competition Authority (Tallinn)
Estonie 12 contributions 1496 visites
New restrictions on establishment of pharmacies significantly harm free competition* The Estonian Competition Authority made a proposal for revision of the pharmacist-owner requirement and the prohibition of connection with wholesale sellers to medicinal products, and for annulment of the (...)