February 2011

Anticompetitive practices

 The German Federal Cartel Office imposes fines on manufacturers of firefighting vehicles and turntable ladders
Antitrust-compliance-counsel.eu
Allemagne 3 contributions 3062 visites
The German Federal Cartel Office (Bundeskartellamt, “FCO”) recently imposed fines in the aggregate amount of Euro 38 million in two proceedings against manufacturers of fire-fighting vehicles and turntable ladders. To date, the FCO has not published the full texts of the decisions. Thus, the (...)

The German Competition Authority fines manufacturers of firefighting vehicles and turntable ladders (Iveco Magirus)
Antitrust-compliance-counsel.eu
Allemagne 3 contributions 3062 visites
The German Federal Cartel Office (Bundeskartellamt, “FCO”) recently imposed fines in the aggregate amount of Euro 38 million in two proceedings against manufacturers of fire-fighting vehicles and turntable ladders. To date, the FCO has not published the full texts of the decisions. Thus, the (...)

The German Bundeskartellamt investigates settlement of a tender dispute for suspect cartel infringement (Abellio / DB Regio NRW)
Heinz & Zagrosek (Köln)
Germany 21 contributions 10509 visits
"The FCO targets settlement of a tender dispute for suspicion of cartel infringement"* From December 2010 to February 2011, the FCO investigated a planned settlement between the parties to a tender dispute in the public transport sector. The FCO suspected that the planned settlement would (...)

The UK High Court strikes out various competition law claims brought in relation to a landlords opposition to the granting of a new business tenancy under the Landlord and Tenant Act 1954 (Humber Oil Terminals Trustee / Associated British Ports)
Office of the Parliamentary Counsel (London)
United Kingdom 2 contributions 1269 visits
I. Overview In February 2011, the Chancery Division of the UK High Court (the «Court») struck out various competition law related claims put forward by Humber Oil Terminal Trustee Limited («HOTT», the claimant) to resist Associated British Ports’ («ABP», the defendant) attempts to end HOTT‘s business (...)

The French Competition Authority fines four companies that rigged bids for procurement contracts in the sector for painting services for naval equipment and engineering structures (Grivetto / Philippe Lassarat / Prezioso-Technilor / Sorespi Bretagne)
Autorité de la concurrence (Paris)
France 543 contributions 182251 visites
The Autorité de la concurrence fines four companies that rigged bids for procurement contracts in the sector of painting services for naval equipments and engineering structures* After the French Minister of economy referred the file to it, the Autorité de la concurrence issues today a decision (...)

The French Competition Authority fines four companies for bid rigging in the painting services sector for naval equipment and engineering structures (Philippe Lassarat, Prezioso-Technilor, Grivetto, Sorespi Bretagne)
Hewlett Packard (Boulogne-Billancourt)
France 29 contributions 87054 visits
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cxLoyalty Group (London)
Royaume-Uni 4 contributions 3002 visites
In its decision dated 24 February 2011, the French Competition Authority (the "Competition Authority") considered that four companies had concluded anticompetitive arrangements between 2005 and 2006 by fixing their prices to respond to procurements launched in the painting services sector for (...)

The US DoJ fines undertaking $45 million for price fixing in the water freight services sector (Horizon Lines)
McDermott Will & Emery (New York)
United States 5 contributions 598 visits
Today the Department of Justice announced that Horizon Lines LLC agreed to plead guilty and pay a $45 million fine for its involvement in price fixing coastal water freight services between the continental U.S. and Puerto Rico. This plea is the result of an ongoing federal antitrust (...)

The French Competition Authority fines four companies for bid rigging in the painting services sector for naval equipment and engineering structures (Philippe Lassarat, Prezioso-Technilor, Grivetto, Sorespi Bretagne)
Hewlett Packard (Boulogne-Billancourt)
France 29 contributions 87054 visits
,
cxLoyalty Group (London)
Royaume-Uni 4 contributions 3002 visites
In its decision dated 24 February 2011, the French Competition Authority (the "Competition Authority") considered that four companies had concluded anticompetitive arrangements between 2005 and 2006 by fixing their prices to respond to procurements launched in the painting services sector for (...)

The Austrian Cartel Court terminates cartel proceedings on the basis of earlier de minimis ruling (Austrian transport industry)
Van Bael & Bellis (Brussels)
Belgique 358 contributions 69870 visites
According to a press release of 24 February 2011, the Austrian Competition Authority (“ACA”) will appeal against a decision of the Austrian Cartel Court terminating proceedings against 40 transport companies that allegedly engaged in a cartel. In February 2010, the ACA had submitted a request to (...)

The Athens Administrative Court of Appeal annuls a decision of the Hellenic Competition Commission imposing fines for resale price maintenance in the automobile sector (Alto Sarris / Fiat)
Mikroulea, Staikouras & Associates (Athens)
Greece 12 contributions 5887 visits
Introduction On 22 February 2011, the Athens Administrative Court of Appeal (Dioikitiko EfeteioAthinon, hereafter: the Court) delivered Ruling No 458/2011 annulling Decision No 437/V/2009 of the Hellenic Competition Commission (Elliniki Epitropi Antagonismou, hereafter: HCC) which had imposed (...)

The German Competition Authority fines manufacturers of fire-fighting vehicles (Albert Ziegler, Giengen an der Brenz, Schlingmann, Dissen, and the Rosenbauer Group)
Van Bael & Bellis (Brussels)
Belgique 358 contributions 69870 visites
According to a press release of 18 February 2011, the German Federal Cartel Office (“FCO”) has imposed a total fine of € 20.5 million on three manufacturers of fire-fighting vehicles for their participation in a cartel, as well as on a Swiss accountant who assisted in operating the cartel. (...)

The German Competition Authority fines manufacturers of fire-fighting vehicles (Fire-fighting vehicles cartel)
Van Bael & Bellis (Brussels)
Belgique 358 contributions 69870 visites
According to a press release of 18 February 2011, the German Federal Cartel Office (“FCO”) has imposed a total fine of € 20.5 million on three manufacturers of fire-fighting vehicles for their participation in a cartel, as well as on a Swiss accountant who assisted in operating the cartel. (...)

The German Competition Authority fines manufacturers of fire-fighting vehicles (Albert Ziegler, Giengen an der Brenz, Schlingmann, Dissen, and the Rosenbauer Group)
Van Bael & Bellis (Brussels)
Belgique 358 contributions 69870 visites
According to a press release of 18 February 2011, the German Federal Cartel Office (“FCO”) has imposed a total fine of € 20.5 million on three manufacturers of fire-fighting vehicles for their participation in a cartel, as well as on a Swiss accountant who assisted in operating the cartel. (...)

The Chinese MOFCOM formulates rules to govern contracts between suppliers and retailers
University of Melbourne
Australia 103 contributions 20223 visits
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China Competition Bulletin (Beijing)
China 101 contributions 17373 visits
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Institute of American Studies (Beijing)
China 53 contributions 10803 visits
MOFCOM Spokesperson Mr Yao Jian has stated that MOFCOM and related industrial associations are formulating rules to govern contracts between suppliers and retailers. This was in response to questions over Carrefour’s relationships with its suppliers. At the end of 2010, Carrefour was involved (...)

The Moldovan Competition Authority finds concerted practices on the market for retail of oil derivatives (Petroleum companies)
University of Macau - Faculty of Law
Macao 278 contributions 209904 visites
On 17 February 2011 the Moldovan Competition Authority (ANPC) established that 7 petroleum companies (ICS Lukoil Moldova SRL, ICS Petrom-Moldova SA, ICS Bemol Retail SRL, IM Rompetrol Moldova SA, IM Tirex Petrol SA, SC Parstar Petrol SRL, Valieximp SRL) engaged in a concerted practice of fixing (...)

The French Competition Authority holds key provisions of the wholesale dealers network in line with competition law (Pomona / Creno)
GIE Jurigroup - Cabinet Jean-Paul Montenot
France 1 contribution 1103 visites
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European Court of Justice (Luxembourg)
Luxembourg 2 contributions 1392 visites
The wholesale trade sector in fruits and vegetables and, to a lesser extent, in seafood products is characterized by a large number of operators (1150) working on the whole French territory. It has an annual turnover of about 5, 1 billion euros. These operators supply with fresh products the (...)

The German Competition Authority imposes fines against three manufacturers of fire-fighting vehicles and an independent accountant for infringement of German cartel law (Fire-fighting vehicles cartel)
Heinz & Zagrosek (Köln)
Germany 21 contributions 10509 visits
FCO fines cartelists and independent accountant – the fire-fighting vehicles decision* The German Federal Cartel Office (“FCO”) fined three manufacturers of fire-fighting vehicles on February 10, 2011, imposing € 20.5 million in total. The FCO found that the companies had engaged in bid rigging (...)

The EU Court of Justice Advocate General Sharpston voices opinion on the standard of judicial review over fines in cartel cases (KME)
Belgique 19 contributions 22561 visites
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White & Case (Brussels)
Belgium 39 contributions 25798 visits
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White & Case (Brussels)
Allemagne 9 contributions 3169 visites
This article is the winner of the business category, anticompetitive practices section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In an Opinion delivered on 10 February 2011, Advocate General (‘AG’) Sharpston of the European Court of (...)

The US DoJ obtains guilty pleas in the aftermarket auto lights investigation
Krantz & Berman (New York)
United States 1 contribution 80 visits
On February 8, 2011 the DOJ filed its first charge in its ongoing investigation into an alleged global cartel involving the aftermarket auto lights industry. The defendant, Polo Shu-Sheng Hsu, agreed to serve six months in prison and pay a $25,000 fine for his participation in the conspiracy. (...)

A Dutch High Court quashes a lower court’s judgment annulling the fine imposed by the Competition Authority on a participant in a cartel in the building sector (A. Wegenbouw / B. Holding)
European Commission - DG HR (Brussels)
47 contributions 200831 visits
As a result of a TV programme which revealed the existence of a large-scale system of fraud within the building sector in the Netherlands, the Dutch Competition Authority (hereafter the ‘NMa‘) initiated an investigation of a possible infringement of Article 6 of the Dutch Competition Act (a (...)

The Belgian College of Competition Prosecutors finds fee system for out-of-court recovery by bailiffs to amount to price-fixing (National Chambers of bailiffs)
Van Bael & Bellis
Belgique 3 contributions 205 visites
On 8 February 2011, the College of Competition Prosecutors submitted a reasoned report to the Competition Council finding that the fee system imposed by the National Chamber of Bailiffs for out-of-court (amicable) recovery of debts amounts to illegal price-fixing. In its report, the (...)

The US FTC issues an opinion denying antitrust exemption to a dental board blocking non-dentists from providing teeth-whitening services in accordance to the state action doctrine and democracy rules (The North Carolina State Board of Dental Examiners)
Cleveland University - Marshall School of Law
United States 9 contributions 2606 visits
North Carolina Dentists and the FTC’s Anti-Exemptions Mission: Is Antitrust Consistent With Democracy? (Yes, actually. It is.)* Some commentators are pretty alarmed over the Federal Trade Commission’s ruling earlier this year denying antitrust immunity for a North Carolina regulatory board’s (...)

The Spanish Competition Authority fines a perfumes and cosmetics association for anti-competitive exchange of information (STANPA)
Van Bael & Bellis (Brussels)
Belgique 358 contributions 69870 visites
On 7 February 2011, the Spanish Competition Authority adopted a decision fining the Spanish perfumes and cosmetics association (STANPA) for facilitating several anti-competitive exchanges of competitively sensitive information among its members between 2004 and 2008. According to the decision, (...)

The Spanish Competition Commission fines an association for exchanging commercially sensitive information capable of restricting competition in the perfume and cosmetics sector (Asociación Nacional de Perfumería y Cosmética / STANPA)
DG COMP (Brussels)
Belgique 6 contributions 2630 visites
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Perez Llorca (Madrid)
Espagne 2 contributions 148 visites
On February 7, 2011, the Spanish Competition Commission (Comisión Nacional de la Competencia, the “CNC”) fined Asociación Nacional de Perfumería y Cosmética (“STANPA”) €901,518.16 for exchanging commercially sensitive information capable of restricting competition in the perfume and cosmetics sector in (...)

The Spanish Competition Authority fines a perfumes and cosmetics association for anti-competitive exchange of information (STANPA)
Van Bael & Bellis (Brussels)
Belgique 358 contributions 69870 visites
On 7 February 2011, the Spanish Competition Authority adopted a decision fining the Spanish perfumes and cosmetics association (STANPA) for facilitating several anti-competitive exchanges of competitively sensitive information among its members between 2004 and 2008. According to the decision, (...)

The Advocate General Kokott renders her opinion holding that the principle of exhaustion applies to the transmission of live football matches in the same way as to physical products (Football Association Premier League)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 12 contributions 10175 visits
UK Pubs And Greek Decoders – The Implications Of The Premier League Case For The Dissemination Of Digital Content* The European Court of Justice is expected to render its judgment in Premier League v QC Leisure in the next few months. At the heart of the case, lies the question whether (...)

The EU Court of Justice Advocate General Kokott considers that territorial exclusivity agreements relating to transmission of live football matches are contrary to EU law (Football Association Premier League)
Wiggin (London)
Royaume-Uni 4 contributions 2927 visites
I. Background The Football Association Premier League (“FAPL”) is the governing body of English Premier League football. Every year FAPL organises a competition in which 20 member clubs play against each other. FAPL is authorised by its members to license broadcasters to provide audiovisual (...)

The US Federal District court rules that the DoJ was entitled to seek disgorgement as a remedy for an alleged Sherman Act violation (KeySpan)
Wolters Kluwer (Riverwoods)
United States 78 contributions 35114 visits
Can the Justice Department Seek Disgorgement for a Sherman Act Violation?* The federal district court in New York City ruled last week that the Department of Justice was entitled to seek disgorgement as a remedy for an alleged Sherman Act violation. The court approved a consent decree, which (...)

The Latvian Competition Council concludes its sector inquiry finding that existing regulation impedes price competition in the medicine market
Konkurences padome (Riga)
Lettonie 87 contributions 13003 visites
Existing Regulation impedes Price Competition in Medicine Market* On 1 February 2011, the Competition Council of Latvia (CC) published its conclusions of the Sector Inquiry into the pricing system in medicine market in Latvia. In its report, the CC draws attention to the existing problems in (...)

Unilateral Practices

 The UK Office of Fair Trading issues statement of objections alleging abuse of dominance in the bunker fuel cards industry (CH Jones)
European Commission (Brussels)
Belgique 720 contributions 192053 visites
United Kingdom: The Office of Fair Trading (OFT) issues Statement of Objections alleging Abuse of Dominance by Bunker Fuel Firm* On 25 February 2011, the OFT issued a Statement of Objections alleging that CH Jones abused its dominant position in the market for the provision of bunker fuel card (...)

The Competition Authority of Bosnia & Herzegovina follows EU competition law standards and rejects an anticompetitive agreement complaint in relation to affiliated companies being part of a “single economic entity” (Elektrokontakt / Elektroprivreda / Eldis-tehnika)
University of Macau - Faculty of Law
Macao 278 contributions 209904 visites
On 25 February 2011 the Competition Authority of Bosnia & Herzegovina (KV) rejected an abuse of dominance complaint lodged by Elektrokontakt SA d.o.o. (Elektrokontakt) against an electricity distributor, public undertaking JP Elektroprivreda BiH d.d. (Elektroprivreda) and its (...)

The Croatian Competition Authority rejects claim of abuse of a dominant position in the movie sector (Kino Zadar Film / Blitz film i video distribucija / Duplicato Media)
University of Zagreb - Faculty of Economics and Business
Croatia 9 contributions 4799 visits
Croatian Competition Agency rejected on 24 February 2011 as unfounded a claim of an independent movie theatre in the coastal town of Zadar (Kino Zadar Film d.o.o.) that vertically integrated movie distributors (Blitz film i video distribucija d.o.o. and Duplicato Media do.o.o.) abused their (...)

A US District Court denies a motion to dismiss a fraudulent patent claim and allows standing to a direct purchaser of NAND flash memory (Ritz / SanDisk)
Sheppard Mullin (Los Angeles)
États-Unis 46 contributions 5070 visites
Expanded Standing, or “Back to Basics”? Flash Memory Direct Purchasers Found to Have Standing to Assert Walker Process Claims* In Ritz Camera & Image, LLC v. SanDisk Corporation, et al., United States District Court, ND Cal., Case No. 5:10-CV02787-JF/HRL, the court denied a motion to dismiss (...)

The Croatian Competition Authority rejects claim of abuse of a dominant position in the movie sector (Kino Zadar Film / Blitz film i video distribucija and Duplicato Media)
University of Zagreb - Faculty of Economics and Business
Croatia 9 contributions 4799 visits
Croatian Competition Agency rejected on 24 February 2011 as unfounded a claim of an independent movie theatre in the coastal town of Zadar (Kino Zadar Film d.o.o.) that vertically integrated movie distributors (Blitz film i video distribucija d.o.o. and Duplicato Media do.o.o.) abused their (...)

The Spanish Competition Authority imposes a fine for abuse of dominance on an IPs’ collecting society charging unfair and discriminatory prices on TV broadcaster (Artistas Intérpretes o Ejecutantes)
European Commission (Brussels)
Belgique 720 contributions 192053 visites
Spain: The CNC’ Council fines AIE, Intellectual Property Rights’ Collecting Society* On 23 February 2011, the Council of the National Competition Commission (CNC) imposed a fine of € 532 686 on Artistas Intérpretes o jecutantes, Sociedad de Gestión de España (AIE) for an infringement of Article 2 (...)

The Moldovan Competition Authority finds an exploitative abuse of dominant position in the invoicing practices of an electricity distributor (RED Union Fenosa)
University of Macau - Faculty of Law
Macao 278 contributions 209904 visites
On 22 February 2011 the Moldovan Competition Authority (ANPC) established that I.C.S. RED Union Fenosa S.A. (Union Fenosa) has abused its dominant position on the market for supply and distribution of electricity at regulated tariffs by including an automatic notice of disconnection in its (...)

The Swedish Competition Authority welcomes the EU Court of Justice preliminary ruling on "margin squeeze" as a stand-alone antitrust abuse in the telecom sector (TeliaSonera)
European Commission (Brussels)
Belgique 720 contributions 192053 visites
Sweden: The Competition Authority welcomes ECJ Judgment on Competition in the Telecom Sector* The Swedish Competition Authority (the Authority) welcomes the Judgment of the European Court of Justice (ECJ) of 17 February 2011 in the case C-52/09, Konkurrensverket against TeliaSonera Sverige AB. (...)

The EU Court of Justice holds a decision on margin squeezes in the telecommunications sector addressing the issue of indispensability (TeliaSonera)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 12 contributions 10175 visits
How Indispensable Is Indispensability?* In its recent TeliaSonera judgment, the Court of Justice discusses whether a margin squeeze can only be abusive if the dominant company has a duty to supply the input at issue. The Court concludes that a duty to supply is not needed. The judgment, (...)

The EU Court of Justice clarifies the scope of the law about pricing practices of vertically integrated companies in the telecommunications sector (TeliaSonera)
McDermott Will & Emery (Brussels)
Belgium 45 contributions 85607 visits
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Siemens (Brussels)
Belgique 8 contributions 9466 visites
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Jones Day (Brussels)
Belgium 18 contributions 12293 visits
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 17 February 2011, the European Court of Justice (ECJ) – on a reference for a preliminary ruling by the Stockholm District Court (SDC) – clarified, (...)

The EU Court of Justice holds a preliminary ruling in a margin squeeze case in the telecommunications sector (TeliaSonera)
Latam Airlines (Las Condes)
Chili 5 contributions 5906 visites
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DG CNECT (Brussels)
1 contribution 729 visites
The opinions expressed in this article are the personal views of the individual authors and do not necessarily represent the views of the employers of the authors. Warm thanks are expressed to Dilip Roy, Ben Harries and Simon Maunder for their contribution to this paper. Background Until the (...)

The EU Court of Justice issues a preliminary ruling in a case concerning price squeeze abuses providing clear guidance on this issue (TeliaSonera)
Jones Day (Brussels)
Belgique 13 contributions 4927 visites
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Jones Day (Brussels)
Belgium 6 contributions 2976 visits
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 17 February 2011, the European Union Court of Justice ("CJ") issued a preliminary ruling in an ongoing case concerning price squeeze abuses. Questions were (...)

The Bulgarian Supreme Administrative Court upholds the Competition Authority’s decision finding no infringement of Art. 102 TFEU in a case involving the concurrent application of competition rules and communications regulation (BTC Cable Ducts)
Paris Dauphine University
France 8 contributions 22849 visits
I. Introduction 1. Almost three months before the ECJ held its decision upon a preliminary reference in Tele2 Polska, a five-judge panel of the Bulgarian Supreme Administrative Court (’SAC5’), in a judgment of 15 February 2011 , reached an opposite conclusion, approving the NCA’s power to find no (...)

The Chinese State Council promulgates several policies to further encourage the development of software and integrated circuit industries
University of Melbourne
Australia 103 contributions 20223 visits
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China Competition Bulletin (Beijing)
China 101 contributions 17373 visits
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Institute of American Studies (Beijing)
China 53 contributions 10803 visits
The State Council promulgated the Several Policies on Further Encouraging the Development of the Software and Integrated Circuit Industries (the Policies) on 28 January 2011. According to the Policies, China will further regulate the orderliness of the software and integrated circuit (...)

The UK Department of Health seeks antitrust damages after abuse of dominant position in the pharmaceutical sector (Reckitt Benckiser)
Van Bael & Bellis (Brussels)
Belgium 68 contributions 14264 visits
According to press reports, the UK Department of Health, together with 10 health authorities and 144 primary care trusts, has launched an action for damages against Reckitt Benckiser in the High Court. This follows the OFT’s decision to fine Reckitt Benckiser £ 10.2 million for abusing its (...)

Mergers

 The Serbian Competition Authority initiates an ex officio investigation concerning potential acquisition of the majority shareholding in the incumbent telecom operator (Telekom Austria, Telekom Srbija)
University of Macau - Faculty of Law
Macao 278 contributions 209904 visites
On 28 February 2011 the Serbian Competition Authority (KZK) initiated an ex officio investigation into the (anti)competitive effects of the potential acquisition by Telekom Austria of the majority shareholding (51%) in the Serbian incumbent telecom operator Telekom Srbija. Following the (...)

The Serbian Competition Authority initiates an ex officio investigation concerning potential acquisition of the majority shareholding in the incumbent telecom operator (Telekom Austria, Telekom Srbija)
University of Macau - Faculty of Law
Macao 278 contributions 209904 visites
On 28 February 2011 the Serbian Competition Authority (KZK) initiated an ex officio investigation into the (anti)competitive effects of the potential acquisition by Telekom Austria of the majority shareholding (51%) in the Serbian incumbent telecom operator Telekom Srbija. Following the (...)

The French Competition Authority clears, subject to conditions, a merger on the district heating networks sector (GDF Suez / Ne Varietur)
Autorité de la concurrence (Paris)
France 543 contributions 182251 visites
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the proposed acquisition of the Ne Varietur Group’s sole control by GDF Suez, subject to conditions*. The Autorité de la concurrence has investigated the takeover by GDF (...)

The US District Court for the Central District of California denies the FTC’s request for a preliminary injunction in a medical laboratory merger case (LabCorp / Westcliff)
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 17 contributions 7028 visits
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Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
United States 8 contributions 2522 visits
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Kirkland & Ellis (New York)
United States 9 contributions 2583 visits
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In a decision broadly critical of the Federal Trade Commission’s case challenging the acquisition of Westcliff Medical Laboratories, Inc., a medical laboratory company, by Laboratory Corporation of America (LabCorp), Judge Andrew Guilford of the U.S. District Court for the Central District of (...)

The UK OFT decides to clear proposed national address gazetteer joint venture on the basis of the de minimis exception (Ordnance Survey / Local Government)
Herbert Smith Freehills (Brussels)
Belgium 57 contributions 42423 visits
I. Introduction and background Ordnance Survey (OS) is an independent non-ministerial government department which produces a wide range of mapping products. Local Government Improvement and Development (LGID) is the business name of the Improvement and Development Agency for Local Government (...)

The Hellenic Competition Commission conditionally clears a merger in the dairy sector (Vivartia / Mevgal)
Fieldfisher (London)
Royaume-Uni 6 contributions 3706 visites
On the 14th February 2011 the Hellenic Competition Commission («Ελληνική Επιτροπή Ανταγωνισμού») (hereafter the «HCC») gave the green light for the acquisition of Mevgal by Vivartia (the «Parties») imposing certain remedies. In particular, the concentration involved the acquisition of a 57.8% share of Mevgal, through (...)

The Canadian Competition Bureau updates pre-merger notification thresholds and announces revised merger enforcement guidelines
Commonwealth Secretariat (London)
Royaume-Uni 28 contributions 12825 visites
Introduction The Canadian Competition Bureau (the «Bureau»), an independent law enforcement agency that assists the Commissioner of Competition (the «Commissioner») in ensuring a competitive and innovative marketplace through administration and enforcement of the Competition Act (the «Act»), (...)

The Chinese State Council establishes a national security review system for foreign takeovers
University of Melbourne
Australia 103 contributions 20223 visits
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China Competition Bulletin (Beijing)
China 101 contributions 17373 visits
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Institute of American Studies (Beijing)
China 53 contributions 10803 visits
The General Office of China’s State Council published the Circular on Establishing a Mechanism of Security Review of Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (《国务院办公厅关于建立外国投资者并购境内企业安全审查 制度的通知》) (the Circular) on 12 February 2011. The Circular was promulgated to guide the (...)

The EU Commission publishes decision refusing derogation from standstill obligation in merger case in the consumer goods industry (SC Johnson / Sara Lee)
Van Bael & Bellis (Brussels)
Belgique 228 contributions 57492 visites
On 11 September 2012, the European Commission published a decision refusing a request by SC Johnson for a partial derogation from the standstill obligation under the EU Merger Regulation in order to close its acquisition of Sara Lee’s household insecticide business outside of the EEA. (...)

The Turkish Competition Authority releases guidelines project on commitments and conditional authorization
Erdem & Erdem (Istanbul)
Turkey 65 contributions 71774 visits
The Communiqué Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board (“the Communiqué”) which entered into force on January 1st, 2011, brought a legal basis to the commitment and conditional authorization institution. Following the publication of the (...)

The Polish Competition Authority blocks acquisition by book and music retailer of online rival (Empik / Merlin.pl)
Van Bael & Bellis (Brussels)
Belgique 228 contributions 57492 visites
On 3 February 2011, the Polish Competition Authority prohibited the acquisition by Empik, the leading Polish book and CD store, of its online competitor Merlin.pl. Following an in-depth investigation, the Competition Authority concluded that the planned acquisition would lead to serious (...)

The OECD holds a roundtable one economic evidence in merger analysis
OECD - Competition Division (Paris)
France 283 contributions 619248 visits
Executive summary, by the Secretariat (1) Economic evidence should be based on clear economic theory, and should be transparent, replicable and intuitive to allow non-economists to fully understand the analysis. In order to help companies involved in competition cases to achieve this, a number (...)

The OECD holds a roundtable on cross-border merger control about the challenges for developing and emerging economies
OECD - Competition Division (Paris)
France 283 contributions 619248 visits
Effective merger control of cross-border mergers requires that the countries involved have effective merger control regimes. However, this may be a challenging task in many developing and emerging economies (DEEs) given the complexities of enforcing competition law in these economies. In (...)

State Aid

 The European Commission decides to authorise air transport aid of a social character for certain residents in the French overseas department of Martinique
DG COMP (Brussels)
Belgium 63 contributions 5157 visits
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DG COMP (Brussels)
Belgium 24 contributions 2158 visits
State aid: main developments between 1 January and 30 April 2011* The Commission decided on 18 February to authorise air transport aid of a social character for certain residents in the French overseas department of Martinique. The aid will increase the aid applicable to air transport between (...)

The German High Court rules that companies have standing to sue against illegal State aid to competitors (Lufthansa / Ryanair)
Jones Day (Frankfurt)
Germany 7 contributions 3957 visits
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Jones Day (Dusseldorf)
Germany 14 contributions 3986 visits
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Jones Day (Frankfurt)
Germany 11 contributions 3449 visits
In a decision of 10 February 2011, the German Federal Court of Justice (Bundesgerichtshof, BGH) ruled that companies can bring court action the challenge state aid granted to their competitors. Companies doing business in Germany will in the future have to ensure that all their transactions (...)

The German High Court rules that companies have standing to sue against illegal State aid to competitors (Lufthansa / Ryanair)
Jones Day (Frankfurt)
Germany 7 contributions 3957 visits
,
Jones Day (Dusseldorf)
Germany 14 contributions 3986 visits
,
Jones Day (Frankfurt)
Germany 11 contributions 3449 visits
In a decision of 10 February 2011, the German Federal Court of Justice (Bundesgerichtshof, BGH) ruled that companies can bring court action the challenge state aid granted to their competitors. Companies doing business in Germany will in the future have to ensure that all their transactions (...)

The EU Commission approves a support package and restructuring plan for a Dutch financial institution subject to certain conditions (ABN AMRO Group)
DG COMP (Brussels)
Belgium 63 contributions 5157 visits
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DG COMP (Brussels)
Belgium 24 contributions 2158 visits
State aid: main developments between 1 January and 30 April 2011* On 5 February, the Commission approved a support package and restructuring plan for the ABN AMRO Group, subject to certain conditions. The restructuring package has been under implementation since October 2008, when the Dutch (...)

The EU General Court confirms illegality of Italian State aid in shipbuilding sector and rules on temporary application of substantive rules governing State aid (Cantiere navale De Poli)
Van Bael & Bellis (Brussels)
Belgium 116 contributions 20117 visits
In two judgments of 3 February 2011, the General Court upheld the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 million in addition to the notified amount (of € 10 million), was incompatible with the common market. The original State (...)

The EU General Court upholds the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 M in addition to the notified amount, was incompatible with the common market (Italian v. Commission)
Van Bael & Bellis (Brussels)
Belgium 116 contributions 20117 visits
In two judgments of 3 February 2011, the General Court upheld the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 million in addition to the notified amount (of € 10 million), was incompatible with the common market. The original State (...)

The EU General Court upholds the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 M in addition to the notified amount, was incompatible with the common market (Italian v. Commission)
Van Bael & Bellis (Brussels)
Belgium 116 contributions 20117 visits
In two judgments of 3 February 2011, the General Court upheld the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 million in addition to the notified amount (of € 10 million), was incompatible with the common market. The original State (...)

The EU General Court confirms illegality of Italian State aid in shipbuilding sector and rules on temporary application of substantive rules governing State aid (Cantiere navale De Poli)
Van Bael & Bellis (Brussels)
Belgium 116 contributions 20117 visits
In two judgments of 3 February 2011, the General Court upheld the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 million in addition to the notified amount (of € 10 million), was incompatible with the common market. The original State (...)

The EU Commission approves a support package and restructuring plan for a Dutch financial institution subject to certain conditions (ABN AMRO Group)
DG COMP (Brussels)
Belgium 63 contributions 5157 visits
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DG COMP (Brussels)
Belgium 24 contributions 2158 visits
State aid: main developments between 1 January and 30 April 2011* On 5 February, the Commission approved a support package and restructuring plan for the ABN AMRO Group, subject to certain conditions. The restructuring package has been under implementation since October 2008, when the Dutch (...)

Procedures

 The Polish Competition Authority fines mobile network operator €33 million for obstructing investigation during a dawn raid (Polkomtel)
Van Bael & Bellis (Brussels)
Belgique 219 contributions 35411 visites
On 24 February 2011, the Polish Competition Authority (UOKiK) imposed a € 33 million fine on mobile network operator Polkomtel for obstructing an antitrust investigation. Polkomtel was condemned for delaying the inspection of its offices by UOKiK’s investigators and for refusing to hand over (...)

The Polish Competition Authority proves again that obstruction of an inspection does not pay off and imposes record-breaking penalty of €33 million for its obstruction (Polkomtel)
Greenberg Traurig Grzesiak (Warsaw)
Poland 29 contributions 78465 visits
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Hogan Lovells (Warsaw)
Poland 5 contributions 3080 visits
An inspection of Polkomtel S.A’s ("Polkomtel" or the "Company") premises took place on 2 December 2009 as part of a number of simulataneous dawn raids carried out by the President of the Office of Competition and Consumer Protection (the "OCCP") as part of its investigation into mobile (...)

The US Court of Appeals for the 3rd Circuit approves a classwide settlement against a diamond distributor in abuse of dominance lawsuit (Sullivan/DB Investments)
Cohen Milstein (Washington)
United States 48 contributions 5509 visits
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Cohen Milstein (New York)
United States 48 contributions 5509 visits
This case involved indirect purchaser claims under various state antitrust laws, arising from allegedly monopolistic conduct by DeBeers that was alleged to have increased diamond prices worldwide. Objections were raised to the settlement, principally on the basis that diversity of available (...)

The Spanish Parliament amends the competition act to boost economic activity
Callol, Coca & Asociados (Madrid)
Espagne 55 contributions 32554 visites
1. Introduction: the Sustainable Economy Act 1.1. On 15 February 2011, the Spanish Parliament has passed the Sustainable Economy Act, which introduces several structural reforms aimed to boost economic activity in Spain. Amongst such reforms (which include, for instance, measures relating to (...)

The CJEU Advocate General Sharpston addresses the scope of the EU Courts’ jurisdiction over antitrust cases and fines (KME Germany)
European Commission (Brussels)
Belgium 10 contributions 13984 visits
AG Sharpston’s Opinion in KME: a new step toward full appellate jurisdiction in antitrust cases (imposing fines)?* On February 10, Advocate General (AG) Sharpston issued her Opinion in the KME case (C-272/09 P – here), an appeal brought before the European Court of Justice (ECJ) against a (...)

The ECJ Advocate General Sharpston addresses the scope of the EU Courts’ jurisdiction over antitrust cases and fines (KME Germany)
European Commission (Brussels)
Belgium 10 contributions 13984 visits
AG Sharpston’s Opinion in KME: a new step toward full appellate jurisdiction in antitrust cases (imposing fines)?* On February 10, Advocate General (AG) Sharpston issued her Opinion in the KME case (C-272/09 P – here), an appeal brought before the European Court of Justice (ECJ) against a (...)

ECJ Advocate General Sharpston voices opinion on the standard of judicial review over fines in cartel cases (KME)
DG COMP (Brussels)
Belgium 14 contributions 36578 visits
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Belgique 19 contributions 22561 visites
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White & Case (Brussels)
Belgique 4 contributions 4983 visites
This article is the winner of the business category, anticompetitive practices section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In an Opinion delivered on 10 February 2011, Advocate General (‘AG’) Sharpston of the European Court of (...)

The Chinese State Council publishes policies on further encouraging the development of the software and integrated circuit industries
University of Melbourne
Australia 103 contributions 20223 visits
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China Competition Bulletin (Beijing)
China 101 contributions 17373 visits
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Institute of American Studies (Beijing)
China 53 contributions 10803 visits
State Council: Several Policies on Further Encouraging the Development of the Software and Integrated Circuit Industries* The State Council promulgated the Several Policies on Further Encouraging the Development of the Software and Integrated Circuit Industries (the Policies) on 28 January (...)

The Spanish Competition Commission fines an association for exchanging commercially sensitive information capable of restricting competition in the perfume and cosmetics sector (STANPA)
DG COMP (Brussels)
Belgique 6 contributions 2630 visites
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Perez Llorca (Madrid)
Espagne 2 contributions 148 visites
On February 7, 2011, the Spanish Competition Commission (Comisión Nacional de la Competencia, the “CNC”) fined Asociación Nacional de Perfumería y Cosmética (“STANPA”) €901,518.16 for exchanging commercially sensitive information capable of restricting competition in the perfume and cosmetics sector in (...)

The European Commission launches a new consultation on proposals for collective redress
Allen & Overy (Amsterdam)
Pays-Bas 1 contribution 72 visites
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Allen & Overy (Brussels)
Belgique 1 contribution 72 visites
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The European Commission has launched another consultation on proposals for collective redress. It is open until 30 April 2011. The consultation takes the form of (...)

The European Commission launches a public consultation aimed at identifying common principles for a coherent European approach to collective redress
European Commission (Brussels)
Belgique 720 contributions 192053 visites
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The EU General Court grants a company further reduction in the fine for cooperation in Spanish raw tobacco investigation (Cetarsa)
Van Bael & Bellis (Brussels)
Belgique 358 contributions 69870 visites
On 3 February 2011, the General Court handed down a judgment reducing the fine imposed by the Commission on Compañía Española de Tabaco en Rama (“Cetarsa”) for its involvement in the Spanish raw tobacco cartel. In October 2004, the Commission adopted a decision fining four Spanish processors of raw (...)

The EU General Court grants a company further reduction in the fine for cooperation in Spanish raw tobacco investigation (Cetarsa)
Van Bael & Bellis (Brussels)
Belgique 358 contributions 69870 visites
On 3 February 2011, the General Court handed down a judgment reducing the fine imposed by the Commission on Compañía Española de Tabaco en Rama (“Cetarsa”) for its involvement in the Spanish raw tobacco cartel. In October 2004, the Commission adopted a decision fining four Spanish processors of raw (...)

An Italian Court rules that antitrust fines are tax deductible
Van Bael & Bellis (Brussels)
Belgique 219 contributions 35411 visites
The Provincial Tax Court of Milan (“Tax Court”) has recently delivered a controversial ruling on the possibility for companies to deduct antitrust fines as business expenses for tax purposes. The Tax Court considered that since an anticompetitive practice increases a company’s revenues, there is (...)

Regulatory

 The US FTC issues report on the evolving intellectual property marketplace
Jones Day (Washington DC)
United States 16 contributions 13122 visits
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Jones Day (Cleveland)
États-Unis 3 contributions 1303 visites
This week the Federal Trade Commission issued its long-anticipated report, "The Evolving IP Marketplace: Aligning Patent Notice and Remedies With Competition." The report is seen by the FTC as continuing the "policy engagement with the patent system" that it launched in its controversial (...)

The Czech Supreme Administrative Court allows parallel application of competition law and specific regulation (Telefonica O2 Czech Republic)
Skils (Prague)
République tchèque 31 contributions 24071 visites
On 25 February 2011, Supreme Administrative Court cancelled the judgment of Regional Court in Brno in case concerning assessment of interconnection agreement entered into between Telefonica O2 Czech Republic (“TO2”) and Vodafone Czech Republic a.s. (“Vodafone”). The Regional Court in Brno (...)

The Czech Supreme Administrative Court allows parallel application of competition law and specific regulation (Telefonica O2 Czech Republic)
Skils (Prague)
République tchèque 31 contributions 24071 visites
On 25 February 2011, Supreme Administrative Court cancelled the judgment of Regional Court in Brno in case concerning assessment of interconnection agreement entered into between Telefonica O2 Czech Republic (“TO2”) and Vodafone Czech Republic a.s. (“Vodafone”). The Regional Court in Brno (...)

The Bulgarian Competition Authority proposes amendments to regulation on wholesale trade in medicines
European Commission (Brussels)
Belgique 720 contributions 192053 visites
Bulgaria: The Competition Authority proposes Amendments to Regulation on Wholesale Trade in Medicines* On 17 February 2011, the Commission on Protection of Competition (CPC) proposed amendments to the Regulation obliging producers/importers of medicines to designate which wholesalers will (...)

The Spanish Competition Commission approves a report on the draft Royal Decree regulating the recognition of producers’ organisations and interbranch organisations and establishing contractual conditions in the milk sector
European Commission (Brussels)
Belgique 720 contributions 192053 visites
Spain: The CNC’s Report on the Draft Royal Decree regulating the Recognition of Producers’ Organisations and Interbranch Organisations and establishing Contractual Conditions in the Milk Sector* The Council of the National Competition Commission (CNC), in a meeting held on 16 February 2011, (...)

The French Competition Authority issues an opinion on the conclusion of an inter-branch agreement in the ovine sector
Autorité de la concurrence (Paris)
France 543 contributions 182251 visites
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence issues a positive opinion on the first inter-branch agreement concluded within the ovine sector. To make such contractualization fully effective, the Autorité calls industry (...)

The French Criminal Supreme Court rules that State authorized monopoly on horse betting is not an illegal anticompetitive practice (Gambling monopoly)
University Aix-Marseille
France 7 contributions 8575 visites
Crime, State and free competition One may argue that most illegal activities conducted by criminal organization are mainly infringements over the monopoly of the State. Private Justice, illegal gambling, racketeering and drug-trafficking are behaviors that more or less mimic states practices (...)

The French Criminal Supreme Court rules that State authorized monopoly on horse betting is not an illegal anticompetitive practice (Gambling monopoly)
University Aix-Marseille
France 7 contributions 8575 visites
Crime, State and free competition One may argue that most illegal activities conducted by criminal organization are mainly infringements over the monopoly of the State. Private Justice, illegal gambling, racketeering and drug-trafficking are behaviors that more or less mimic states practices (...)

The French Criminal Supreme Court rules that State authorized monopoly on horse betting is not an illegal anticompetitive practice (Gambling monopoly)
University Aix-Marseille
France 7 contributions 8575 visites
Crime, State and free competition One may argue that most illegal activities conducted by criminal organization are mainly infringements over the monopoly of the State. Private Justice, illegal gambling, racketeering and drug-trafficking are behaviors that more or less mimic states practices (...)

The OECD holds a roundtable on quantification of harm to competition by national courts and competition agencies
OECD - Competition Division (Paris)
France 283 contributions 619248 visits
Executive summary, by the Secretariat Considering the discussion at the roundtable, delegates’ written submissions, and the Secretariat’s background paper, several key points emerge: (1) Quantifying harm to society and/or consumers resulting from anti-competitive conduct and quantifying harm to (...)

The OECD holds a roundtable on the regulated conduct defence
OECD - Competition Division (Paris)
France 283 contributions 619248 visits
The regulated conduct defence allows antitrust immunity where conduct is required by federal or state regulation. The regulated conduct defence is important to ensure that the state can exercise its sovereign power to apply regulation that it deems justified for economic and/or social reasons (...)

The OECD holds a roundtable on crisis cartels
OECD - Competition Division (Paris)
France 283 contributions 619248 visits
Executive summary, by the Secretariat A discussion on Crisis Cartels from a competition perspective took place during the third session of the 2011 Global Forum on Competition. To prepare this discussion, a background paper, three additional papers prepared by experts and twenty-one (...)

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