January 2011

Anticompetitive practices

 The Hellenic Competition Commission dismisses a complaint by a local distributor against a producer of office equipment for violating article 101 of the TFEU (Dakos v. Brother International)
OECD - Competition Division (Paris)
France 3 contributions 2151 visites
On 31 January 2011 the Hellenic Competition Commission (“HCC”) issued a decision on a complaint against Brother International Europe Ltd. (“Brother”), a producer of office equipment, raised by Dakos A.E. (“Dakos”), a local company distributing Brother‘s products in the Greek market. (...)

The French Competition Authority fines 14 companies 9 803 590 M € for having shared almost all public markets for the restoration of historic monuments
Commissariat à l’énergie atomique et aux énergies alternatives (CEA)
France 3 contributions 2750 visites
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Travelport (Langley)
Royaume-Uni 1 contribution 780 visites
I. Background Following the concern over an anomaly in the process of offers of the Regional Organisation for Cultural Affairs (DRAC) in the Haute-Normandie area on the 16th March 2001; an inquiry by the French Competition Authority (predecessor to the Competition Authority) was held into (...)

The Irish Competition Authority wins beef industry case following the withdrawal of the opposing party (Beef Industry Development Society)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220477 visits
Ireland: The Competition Authority wins Beef Industry Case* On 26 January 2011, the Competition Authority has won court proceedings in which it challenged the compatibility with EU and Irish competition provisions of an agreement between competitors to reduce capacity in the Irish beef (...)

The Chinese State Administration for Industry and Commerce (SAIC) publishes details of decision issued by the local Administration for Industry and Commerce (AIC) in concrete market-sharing cartel (Concrete Committee cartel)
Linklaters (Beijing)
Chine 17 contributions 8250 visites
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Linklaters (Shanghai)
Chine 8 contributions 2340 visites
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Euclid Law (London)
Royaume-Uni 16 contributions 5237 visites
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The State Administration for Industry and Commerce (“SAIC”) recently published on its website details of a case brought by the Administration for Industry & Commerce (“AIC”) of Jiangsu Province against a local construction materials and machinery association and its respective members for (...)

The Chinese SAIC imposes its first fines for violation of the country’s Anti-Monopoly Law on a concrete cartel (Concrete Committee cartel)
King & Wood Mallesons (Beijing)
Chine 36 contributions 23515 visites
First Public Enforcement Decision by SAIC against concrete manufacturers* Recently, the Jiangsu Administration for Industry & Commerce ("Jiangsu AIC") issued sanctions against the Concrete Committee of the Construction Materials and Construction Machinery Industry Association of (...)

The Chinese State Administration for Industry and Commerce adopts its first cartel decision under the Anti-Monopoly Law in the concrete production sector (Concrete Committee cartel)
Lni avocats (Paris)
France 12 contributions 49547 visites
It has been reported that last January, a local branch of the State Administration for Industry and Commerce («SAIC»), used, for the first time, its enforcement powers under China’s Anti-Monopoly Law («AML») to fine a trade association and some of its members for having implemented various (...)

The German Competition Authority imposes fine in the sector of paper plates (Feinpappenwerk Gebr. Schuster, Hebertshausen, Hosti International, Pfedelbach, CL Rick Produktionsgesellschaft, Schleiden)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 95133 visits
According to a press release of 25 January 2011, the German Federal Cartel Office (“FCO”) imposed a total fine of € 1 million for price fixing and customer allocation on five manufacturers and one wholesaler of paper plates, paper bowls, take-away bowls and paper cake trays. Representatives of (...)

The Chinese SAIC in Jiangsu fines concrete manufacturer association for market allocation (Concrete Manufacturer Association of Lianyungang City)
University of Melbourne
Australia 103 contributions 29813 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26764 visits
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Institute of American Studies (Beijing)
China 52 contributions 15505 visits
The Jiangsu Province Administration for Industry and Commerce, a local arm of SAIC, has penalised the Concrete Manufacturer Association of Lianyungang City for market sharing and fixing market shares. Officials at the Jiangsu Province Administration for Industry and Commerce said that, in (...)

The Bulgarian Competition Authority adopts a decision for block exemption of certain categories of agreements from the prohibition under Art. 15 LPC
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220477 visits
Bulgaria: The Commission for the Protection of Competition (CPC) adopts a Decision for Block Exemption of certain Categories of Agreements from the Prohibition under Article 15 LPC* On 20 January 2011, the CPC adopted a Decision block exempting certain categories of agreements, decisions or (...)

The Lithuanian Competition Authority imposes fines totalling €854 205 on producers of orthopedic products and their association (Actualis / Idemus / Ortobatas)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220477 visits
Lithuania: The Competition Council imposes Fines totalling € 854 205 on Producers of Orthopedic Products and their Association* On 20 January 2011, the Lithuanian Competition Council fined 11 producers of orthopedic products – UAB Actualis, UAB Idemus, UAB Ortobatas, UAB Ortopagalba, UAB (...)

The German Higher Regional Court Düsseldorf specifies the requirements for granting a compulsory license under antitrust law (Zwangslizenzeinwand)
Dentons (Berlin)
Allemagne 2 contributions 402 visites
In its decision of 20 January 2011, the Higher Regional Court Düsseldorf (“OLG Düsseldorf“) specified the requirements for granting a compulsory license under antitrust law, resulting from Article 102 TFEU. The court thereby clarified the requirement of indispensability and the definition of a (...)

The UK Competition Authority adopts a decision in loan pricing case concluding that banks engaged in anticompetitive pricing of loan products to large professional services firms (Royal Bank of Scotland / Barclays)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220477 visits
United Kingdom: The Office of Fair Trading (OFT) adopts Decision in Loan Pricing Case* On 20 January 2011, the OFT issued a decision that the Royal Bank of Scotland (RBS) and Barclays Bank engaged in anticompetitive practices in relation to the pricing of loan products to large professional (...)

The EU Court of Justice issues a decision on a rubber chemicals cartel holding a parent company liable for the anticompetitive behaviour of its wholly-owned subsidiary and confirming that the presumption of parental liability is rebuttable (General Química)
Garrigues (Brussels)
Belgique 19 contributions 11563 visites
The ECJ rules on parenthood (General Química v Commission)* The ECJ issued a Judgment yesterday in the General Química-Repsol case in which it partly upheld and partly annulled the General Court’s judgment dismissing the appeals against the Commission decision in the rubber chemicals (...)

The Spanish Competition Authority fines a professional association for anti-competitive arrangement (Asturias notaries’ association)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 95133 visits
On 20 January 2011, the Spanish Competition Authority fined the notaries’ association of the Asturias region for putting in place an anti-competitive arrangement in breach of the Spanish provision equivalent to Article 101 TFEU. In particular, the decision found that the notaries’ association (...)

The Portuguese Competition Authority fines the national association of parking companies for an unlawful decision to restrict competition (Associação Nacional de Empresas de Parques de Estacionamento)
Sérvulo (Lisbon)
Portugal 18 contributions 26040 visites
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University of Lisbon
Portugal 19 contributions 10793 visites
On 19 January 2011, the Portuguese Competition Authority (PCA) announced, through press release 1/2011 and a Q&A report that it has imposed on the National Association of Parking Companies (ANEPE) a fine of € 1,971,397 for anticompetitive practices in the national market for the (...)

The England & Wales Court of Appeal upholds a decision of the Competition Appeals Tribunal denying a claimant follow-on damages (Enron Coal Services / English Welsh & Scottish Railway)
Office of the Parliamentary Counsel (London)
Royaume-Uni 2 contributions 1441 visites
I. Overview In January 2011, the UK Court of Appeal (the “Court”) dismissed an appeal against a ruling of the UK Competition Appeal Tribunal (the “Tribunal”) that Enron Coal Services Ltd (“Enron”) was not entitled to follow on damages against English Welsh and Scottish Railway Ltd (“EWS”). (...)

The French Competition Authority sanctions the three main container handling companies in the Reunion island for having agreed on the prices of their services (SAMR / Somacom / SGM Manutention)
French Competition Authority (Paris)
France 748 contributions 410062 visits
Press Release published on the official website of the French Competition Authority. The Autorité penalizes the three main container handling companies for having agreed on the prices of their services*. As it had indicated at the time of the publication of its two opinions relative to (...)

The Canadian police arrests a man for alleged breach of a consent agreement involving unfair marketing practices (Strategic Ecomm / Matthew Hovila)
Journal of Parliamentary and Political Law (Ottawa)
51 contributions 21444 visites
I. Introduction The long arm of Canadian competition law caught up with Matthew Hovila on 15 January 2011 when he was arrested for the operation of an alleged online job opportunities scam and breach of a consent agreement filed with the Competition Tribunal (the "Tribunal") pursuant to the (...)

The EU Commission publishes a set of documents dealing with cooperation between competitors
Baker Botts (Brussels)
Belgique 29 contributions 49537 visites
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Hogan Lovells (Washington)
États-Unis 19 contributions 7850 visites
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Office for Gas and Electricity Markets (OFGEM)
Royaume-Uni 1 contribution 845 visites
On 14 December 2010, the European Commission (the «Commission«) published a set of documents dealing with cooperation between competitors, comprised of guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union («TFEU«) (the «EU Guidelines«) and two (...)

The EU Commission issues draft new guidelines on horizontal cooperation agreements updating the section on standardization
Vinge (Stockholm)
Suède 2 contributions 904 visites
Standardisation and the Commission’s new horizontal guidelines* The European Commission is currently preparing new guidelines for the assessment of horizontal cooperation agreements under Article 101 TFEU. A draft was presented for public consultation in May 2010 and the final version is (...)

The New York Supreme Court issues a decision on resale price maintenance in the mattress manufacturing sector applying the rule of reason standard (Tempur-Pedic International)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 39210 visites
New York’s Challenge To Mattress Maker’s Resale Pricing Policy Fails* The State of New York was not entitled to an order enjoining mattress manufacturer Tempur-Pedic International, Inc. from restricting discounting by its authorized retailers, a New York state court has ruled. The New York (...)

The EU Commission publishes new guidelines on the applicability of article 101 TFEU to horizontal co-operation agreements
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 24 contributions 53764 visites
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 41 contributions 40241 visites
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On January 14, 2011, the European Commission (the “Commission”) published new Guidelines on the Applicability of Article 101 TFEU to Horizontal Co-operation (...)

The EU Commission issues new guidelines on horizontal co-operation agreements focusing on information exchanges under Art. 101 TFEU
European University Institute (Florence)
Italy 50 contributions 105590 visits
Information Exchange and Cartels – Dangerous Liaisons?* Are information exchanges really = cartels under EU competition law? The issue has triggered many discussions on the blog lately. I just thought I’d post my own ruminations on this. The Guidelines do not really say that information (...)

The EU Commission issues new guidelines on the applicability of Art. 101 TFEU to horizontal co-operation agreements equating information exchanges between competitors with cartels
Garrigues (Brussels)
Belgique 19 contributions 11563 visites
Information exchange=cartel?* Many have praised the inclusion of some guidance on exchanges of information within the new EU Guidelines on horizontal agreements. Personally, I agree with those arguing that guidance from the Commission was necessary, and I acknowledge that there are some (...)

The EU Commission publishes Guidelines establishing conditions under which standardization agreements would normally fall outside the scope of Article 101(1) TFEU
Sidley Austin (Brussels)
Belgique 6 contributions 2413 visites
Product Certification – The Next Big Standard-Setting Debate?* Introduction The smart phone wars have led to heated discussions over standard setting in technology markets. It seems only a question of time before the standard setting debate spills over into other areas. My personal (...)

The UK Competition Authority negotiates an agreement limiting the exchange of pricing data among car insurers (Motor Insurers)
University of Albany
5 contributions 3070 visites
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Bona Law (New York)
États-Unis 3 contributions 2958 visites
This article is the winner for business category, general antitrust section of the 2012 Antitrust Writing Awards. Click here to read more about the Antitrust Writing Awards. Summary Britain’s Office of Fair Trading (the UK consumer and competition authority) has negotiated an agreement (...)

The UK Competition Authority launches a consultation on its intention to accept binding commitments to modify a data exchange tool used by motor insurers (Motor Insurers)
Nasdaq (Stockholm)
Suède 10 contributions 3134 visites
The European Commission’s revised Guidelines on Horizontal Cooperation have met with mixed reactions from practitioners and businesses, especially insofar as information exchange is concerned. However, a decision of the UK Office of Fair Trading (“OFT”) applying the new Guidelines gives a (...)

The Belgian Criminal Court in Ghent fines a supermarket chain for misleading advertising due to the absence or limited availability of products subject to special promotion (Lidl)
UGGC (Brussels)
Belgique 7 contributions 13832 visites
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Janson (Brussels)
Belgique 5 contributions 2691 visites
I. Introduction In a judgment dated 12 January 2011, currently under appeal, the Ghent Criminal Court imposed a € 27,500 fine on the supermarket chain Lidl for advertising on a national scale products at a discounted price that were either not available or available only for a very short (...)

The Superior Court of the State of California issues a decision on resale price maintenance in cosmetic sector applying the per se rule (Bioelements)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 39210 visites
New York’s Challenge To Mattress Maker’s Resale Pricing Policy Fails* The State of New York was not entitled to an order enjoining mattress manufacturer Tempur-Pedic International, Inc. from restricting discounting by its authorized retailers, a New York state court has ruled. The New York (...)

The Italian Competition Authority accepts commitments and closes investigations into Sicilian power prices (Sicilian power prices)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 220480 visites
Italy: The Italian Competition Authority (ICA) accepts Commitments and closes Investigations into Sicilian Power Prices* On 10 January 2011, the ICA decided to close two different investigations into the major electricity companies operating in Sicily. The investigations concerned the (...)

The Chinese State Administration for Industry and Commerce (SAIC) publishes three regulations on enforcement of the Anti-Monopoly law
AnJie Broad Law (Beijing)
Chine 44 contributions 12599 visites
SAIC regulations signal greater anti-monopoly enforcement* On November 29 2010 the National Development and Reform Commission (NDRC) promulgated one substantive regulation and one procedural regulation regarding pricerelated monopolies (for further details please see "NDRC issues new (...)

The Chinese State Administration for Industry and Commerce (SAIC) issues three substantive regulations on enforcement of the Anti- Monopoly Law
Linklaters (Beijing)
Chine 17 contributions 8250 visites
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Linklaters (Shanghai)
Chine 8 contributions 2340 visites
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Euclid Law (London)
Royaume-Uni 16 contributions 5237 visites
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On 7 January 2011, the State Administration for Industry and Commerce (“SAIC”) published three substantive Regulations on enforcement of the Anti- Monopoly Law (“AML”), regarding Monopolistic Agreements, Abuse of Dominance and Abuse of Administrative Powers. In May 2009 and May 2010, SAIC (...)

The Chinese NDRC fines paper manufacturer association for price monopoly conduct (Fuyang Paper Manufacture Industry Association)
University of Melbourne
Australie 103 contributions 29813 visites
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China Competition Bulletin (Beijing)
Chine 101 contributions 26764 visites
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Institute of American Studies (Beijing)
Chine 52 contributions 15505 visites
In early January 2011, the NDRC announced that the Zhejiang Price Bureau, a local bureau of the NDRC, had fined the Paper Manufacturer Association of Fuyang City, Zhejiang Province, 500,000 yuan for price fixing and output restriction. The NDRC stated that it received a complaint about the (...)

The Chinese NDRC enacts new anti-monopoly pricing regulations
AnJie Broad Law (Beijing)
Chine 44 contributions 12599 visites
NDRC issues new anti-monopoly pricing regulations* The end of 2010 leaves China’s anti-monopoly regulators with several matters to consider, resolve or improve. The anti-monopoly framework is still not well established and consumer rights issues have been badly neglected. End consumers (...)

The Chinese NDRC fines paper manufacturer association for price-fixing and output restriction (Fuyang Paper Manufacture Industry Association)
University of Melbourne
Australie 103 contributions 29813 visites
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China Competition Bulletin (Beijing)
Chine 101 contributions 26764 visites
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Institute of American Studies (Beijing)
Chine 52 contributions 15505 visites
Paper Manufacturer Association of Fuyang City Fined for Price Monopoly Conduct* In early January 2011, the NDRC announced that the Zhejiang Price Bureau, a local bureau of the NDRC, had fined the Paper Manufacturer Association of Fuyang City, Zhejiang Province, 500,000 yuan for price fixing (...)

The Chinese NDRC sanctions paper manufacturer association for price-fixing and output restriction cartel (Fuyang Paper Manufacture Industry Association)
Linklaters (Beijing)
Chine 17 contributions 8250 visites
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Linklaters (Shanghai)
Chine 8 contributions 2340 visites
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Euclid Law (London)
Royaume-Uni 16 contributions 5237 visites
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In a statement on 4 January 2011, the PRC National Development and Reform Commission (the ”NDRC”), the department in charge of price administration, announced that it has fined the Paper Manufacture Industry Association in Fuyang City, Zhejiang Province RMB 500,000 for organising a cartel. (...)

The Chinese National Development and Reform Commission (NDRC) and the State Administration of Industry and Commerce (SAIC) adopt new leniency procedure in cartel investigations
Jones Day (Shanghai)
Chine 51 contributions 24137 visites
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Gibson Dunn (Hong Kong)
Hong Kong 26 contributions 12254 visites
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Jones Day (Beijing)
Chine 44 contributions 21116 visites
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. This Commentary analyzes China’s leniency program for cartel investigations, in the wake of adoption of new rules by the National Development and Reform (...)

Unilateral Practices

 The Hellenic Competition Commission dismisses the allegations of abuse of the relationship of economic dependency and anti-competitive behaviour launched by an office materials distributor against a leading office materials producer (Dakos / Brother International Europe)
University College London
Royaume-Uni 4 contributions 1437 visites
The undertakings In 2008 ‘‘Dakos.S.A.’’ brought a complaint against ‘‘Brother International Europe Ltd’’ alleging breach of article 1(1) and 2(a) of Greek law 703/77 on the control of monopolies and oligopolies and the protection of free competition, as well as article 101 TFEU. The Hellenic (...)

The Serbian Competition Authority prosecutes public company for abuse of dominance on the funeral services market (GGK)
University of Macau - Faculty of Law
Chine 284 contributions 226288 visites
On 27 January 2011 the Serbian Competition Authority (KZK) has sanctioned the public undertaking JKP Gradska groblja Kragujevac (GGK) for abusing its dominant position on the market for administration of cemeteries in the city of Kragujevac by way of leveraging its market power into the (...)

The Paris Court of Appeal quashes the decision of the French Competition Authority in a margin squeeze case (SFR / France Telecom)
Keller and Heckman (Paris)
1 contribution 835 visites
On 27th January 2011, the Paris Court of Appeal, following two remands from the Supreme Court, finally handed down a decision confirming the last decision of the French Supreme Court (Cour de cassation)in the margin squeeze case in the telecom sector. In its last decision, the Supreme Court (...)

The Serbian Competition Authority fines two leading dairy food companies for abusing their dominant position on the raw milk market (Mlekara / Imlek)
University of Macau - Faculty of Law
Chine 284 contributions 226288 visites
On 24 January 2011 the Serbian Competition Authority (KZK) fined the two leading dairy food companies Mlekara and Imlek (both controlled by Danube Foods Group BV) for the abuse of joint dominant position on the market for purchasing the raw milk from the dairy farms. For each of the two (...)

A Swedish Court of Appeal awards damages due to a refusal to supply, which was considered to constitute an abuse of a dominant position (Euroclear Sweden / Europe Investor Direct)
Vinge (Stockholm)
Suède 18 contributions 18724 visites
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Cosmetics Europe (Brussels)
Belgique 10 contributions 3416 visites
Introduction In one of the first actions for damages due to a competition law infringement the Stockholm District Court and the Svea Court of Appeal awarded damages due to a refusal to supply, which was considered to constitute an abuse of a dominant position. Background Euroclear Sweden (...)

The Swedish Court of Appeal awards damages against a securities management service provider for abuse of a dominant position (Euroclear Sweden / Europe Investor Direct)
Advokatfirman Hammarskiöld & Co (Stockholm)
Suède 1 contribution 19 visites
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Advokatfirman Hammarskiöld & Co (Stockholm)
Suède 1 contribution 19 visites
Brief summary of facts The case concerned an alleged abuse of market dominance by Euroclear. Euroclear is a company that offers securities management services to companies and was at the time of the alleged infringement the only authorised entity to issue data on individual shareholders (...)

The Italian Competition Authority accepts commitments proposed by the main IT operator closing the investigation for abuse of dominance on the online collecting advertisement market (Google Italy)
Qualcomm (Washington)
États-Unis 6 contributions 1857 visites
The Italian competition authority accepts Google’s commitments in the investigation concerning Google News in Italy* In January 2011, the Italian Competition Authority announced that it closed its investigation against Google Italy, for the alleged abuse of dominant position. The decision (...)

The Spanish Competition Authority opens formal proceedings against three telecommunications operators (Telefónica Móviles / Vodafone and Orange)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 220480 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 Croatian Constitutional Court upholds the judgment of the Administrative Court confirming its previous position on the application of EU competition rules (Tisak)
University of Zagreb - Faculty of Economics and Business
Croatie 11 contributions 6377 visites
Tisak d.d., one of the two biggest wholesale distributors of newspapers in Croatia, submitted on 6 May 2010 a constitutional complaint to the Constitutional Court of the Republic of Croatia against a judgement of the Administrative Court of the Republic of Croatia which confirmed a decision (...)

The Paris District Court fines an online retail site for infringing a famous clothing brand’s trademark by illegally selling its branded products online (Hugo Boss / Club Privé)
EDHEC (Lille)
France 12 contributions 8192 visites
Summary CLUB PRIVE was fined for illegally selling HUGO BOSS branded clothes online. Facts In 2009, CLUB PRIVE conducted a short time selling of HUGO BOSS branded clothes on their website www.club-prive.fr. HUGO BOSS sued CLUB PRIVE on several grounds. In the first place, HUGO BOSS sued (...)

The Latvian Competition Authority fines one of the largest national retail chains for the overly long payment period for delivered products (Maxima Latvija)
Latvian Competition Council (Riga)
Latvia 124 contributions 24596 visits
Retail Chain Fined for Overly Long Payment Period for the Delivered Products* On 13 January 2011 the Competition Council (CC) adopted a decision to fine one of the largest retail chains in Latvia MAXIMA Latvija Ltd. for abuse of dominant position in retail trade. It was established that this (...)

The Budapest Court quashes the commitment decision of the Hungarian Competition Authority for insufficiently mild commitments (OTP)
Szeged University
Hongrie 7 contributions 6609 visites
Facts Leading Hungarian bank unilaterally increased the fees of pre-redemption. When the customers entered the contract, there was no fee of pre-redemption but the loan contracts expressly authorized the bank to amend the contract unilaterally. Procedural history On the basis of the (...)

Mergers

 The German Competition Authority imposes fine for gun-jumping (ZG Raiffeisen)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 72696 visites
According to a press release of 28 January 2011, the German Federal Cartel Office imposed a fine of € 414,000 on agricultural cooperative ZG Raiffeisen for implementing a concentration without first obtaining clearance from the Cartel Office. In particular, the Cartel Office held that the (...)

The EU Commission conditionally approves the proposed acquisition of an IT security company by the world-leading CPU manufacturer (Intel / McAfee)
JG Associates (Brussels)
193 contributions 64219 visites
Merger: main developments between 1 January and 30 April 2011* Also on 26 January 2011, the European Commission approved the proposed acquisition of McAfee, a vendor of information technology security, by Intel, both of the US. The approval is conditional on a set of commitments ensuring (...)

The EU Commission blocks a merger as its clearance would have resulted in a quasi-monopoly on the Greek air transport market (Olympic Air / Aegean Airlines)
University of East Anglia
Royaume-Uni 29 contributions 26535 visites
Article published on Centre for Competition Policy blog. EU Commission Steers Clear of another Antitrust Disaster in Greek Air Transport, but for how long?* This month, the European Commission blocked the proposed merger between Greece’s two main airlines, Olympic Air and Aegean Airlines. (...)

The EU Commission prohibits a proposed merger between two Greek airlines companies as it would have resulted in a quasi-monopoly on the national air transport market (Aegean Airlines / Olympic Air)
JG Associates (Brussels)
193 contributions 64219 visites
Merger: main developments between 1 January and 30 April 2011* The European Commission has prohibited on 26 January the proposed merger between Aegean Airlines and Olympic Air, as it would have resulted in a quasi-monopoly on the Greek air transport market. This would have led to higher (...)

The EU Commission approves a merger between two US software companies subject to a set of commitments ensuring fair competition in the sector of computer security (Intel / McAfee)
Ministry for the Economy and Finance (Paris)
France 10 contributions 15651 visites
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European External Action Service
Ukraine 2 contributions 1256 visites
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Danish Competition and Consumer Authority (Copenhagen)
Belgique 2 contributions 2045 visites
Intel/McAfee* Introduction On 26 January 2011 the European Commission approved the proposed acquisition of McAfee by Intel, both of the US. The approval is conditional upon a set of commitments ensuring fair competition in the sector of computer security. Computer security is a growing (...)

The Brazilian Council for Economic Defense clears merger between two ammunition companies resulting in monopolization of the relevant market (CBC/Rossi)
Nishioka & Gaban Advogados (Sao Paulo)
9 contributions 3986 visites
The author gives thanks to Ms. Natali de Vicente Santos, who gave support in research that was very useful to build this article. I. Summary of the case For the first time, CADE applied the “declining markets” argument to justify that the transaction between two ammunition companies was (...)

The UK Government intends to refer a merger in the audiovisual sector to Competition Commission if satisfactory commitments are not offered (News Corp, BSkyB)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 72696 visites
On 25 January 2011, the UK Culture Secretary Jeremy Hunt announced that he is “minded” to refer News Corp‘s proposed buy-out of UK satellite broadcaster BSkyB to the Competition Commission due to concerns surrounding the transaction’s impact on media plurality in the UK. News Corp already owns (...)

The Dutch Competition Authority publishes the conclusions of a study on the anticipatory effects of merger control and cartel enforcement
European Commission - DG COMP (Brussels)
Belgique 714 contributions 220480 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 Italian Competition Authority starts a second phase investigation into a banking merger for allegedly anti-competitive coordinated effects (Intesa San Paolo / Banca Monte Parma)
Municipality of Cagliari
168 contributions 134337 visites
The Italian Competition Authority (ICA) has decided to open a Second Phase investigation into the Intesa San Paolo (ISP) acquisition of Banca Monte Parma (BMPR). The ICA held that the transaction was likely to result in the creation or strengthening of a dominant position in a number of (...)

The US Federal Communications Commission conditionally approves a joint venture in the telecommunications sector subject to remedies resolving antitrust concerns (Comcast / NBC Universal)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 39210 visites
Comcast/NBC Universal Joint Venture Receives Regulatory Approval* The Department of Justice Antitrust Division and the Federal Communications Commission today conditionally approved a joint venture between Comcast Corp. and General Electric Co.’s subsidiary NBC Universal Inc. The joint (...)

The Polish Competition Authority prohibits a merger in the energy sector (PGE / Energa)
Greenberg Traurig (Warsaw)
Pologne 30 contributions 80248 visites
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Hogan Lovells (Warsaw)
Pologne 5 contributions 3357 visites
Polska Grupa Energetyczna S. A. ("PGE") and Energa S. A. ("Energa") are state owned companies producing, distributing and trading electric energy. In September 2010, PGE concluded an agreement with the Ministry of Treasury concerning the purchase of 84,19% of Energa’s shares. On 20 October (...)

The Hungarian Competition Office decides about negative sole control and the calculation of turnover of groups of undertakings (GDF Suez / Proenergy)
Johnson & Johnson
11 contributions 6933 visites
I. Background In this merger control matter the Hungarian Competition Authority (HCO) had to consider whether an additional acquisition of shares by a 40% shareholder qualifies as a change of control in the target company and thus requires notification the HCO. Under the share purchase (...)

The US Federal Court of Appeals for the 7th Circuit issues a decision in the healthcare sector clarifying the bounds of lawful information exchanges in pre-merger due diligence (Omnicare / UnitedHealth)
White & Case (Washington)
États-Unis 34 contributions 19740 visites
Federal Appeals Court Clarifies the Bounds of Lawful Information Exchanges in Pre-Merger Due Diligence* Information sharing between merging parties is a crucial part of pre-merger due diligence, yet courts have rarely weighed in to clarify when, if ever, such information exchanges run afoul (...)

The US Court of Appeals for the 7th Circuit rejects an antitrust lawsuit that challenged premerger planning and information exchanges between two health insurers (Omnicare / UnitedHealth / PacifiCare)
Jones Day (Washington)
États-Unis 11 contributions 6523 visites
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Jones Day (Houston)
États-Unis 35 contributions 15900 visites
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Last week the U.S. Court of Appeals for the Seventh Circuit rejected an antitrust lawsuit by institutional pharmacy Omnicare that challenged premerger planning (...)

The European Commission refers to the UK OFT the assessment of a proposed acquisition in the leisure travel industry (Thomas Cook)
JG Associates (Brussels)
193 contributions 64219 visites
Merger: main developments between 1 January and 30 April 2011* On 7 January 2011, following a request by the United Kingdom’s Office of Fair Trading (OFT),the European Commission referred the assessment of the proposed acquisition of the travel businesses of Cooperative Group (CGL) and of (...)

The UK Competition Appeal Tribunal receives a claim of the jurisdiction from a leading low-cost airline (Ryanair / Aer Lingus)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 72696 visites
Irish air carrier Ryanair has recently launched an appeal before the UK Competition Appeal Tribunal (CAT) against a decision of the Office of Fair Trading (OFT) finding that the OFT has jurisdiction under UK merger control law to review Ryanair’s acquisition of a minority stake in competing (...)

The Austrian Competition Authority clears a merger between food wholesalers subject to pricing commitments (Pfeiffer / Nussbaumer)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 72696 visites
According to a recent press-release, the Austrian Competition Authority cleared a merger between two competing food wholesalers, subject to pricing commitments. The Competition Authority held that the transaction, as initially notified, would give rise to competition concerns because the (...)

State Aid

 The EU Commission publishes a guide to help public authorities understand how Member States may finance services of general interest in compliance with State aid rules
European Commission - DG COMP (Brussels)
Belgique 59 contributions 7337 visites
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Permanent Representation of Sweden to the EU (Brussels)
24 contributions 3006 visites
State aid: main developments between 1 January and 30 April 2011* On 28 January the Commission published a guide to help public authorities understand how Member States may finance services of general interest in compliance with State aid rules. The ’Guide to the application of the European (...)

The European Commission decides that a French scheme to support supplementary welfare cover for local government staff is compatible with Article 107(2)(a) TFEU (Fiscalité des contrats d’assurance maladie solidaires, Aide à la protection sociale complémentaire)
European Commission - DG COMP (Brussels)
Belgique 59 contributions 7337 visites
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Permanent Representation of Sweden to the EU (Brussels)
24 contributions 3006 visites
State aid: main developments between 1 January and 30 April 2011* The Commission decided in two cases on 26 January and 23 February that a French scheme to support supplementary welfare cover for local government staff is compatible with Article 107(2)(a) of the TFEU, which permits aid of a (...)

The EU Commission authorises Spain to grant an interest-free reimbursable loan of €129 M to aircraft manufacturer for the development of a new engine (Aernnova)
European Commission - DG COMP (Brussels)
Belgique 59 contributions 7337 visites
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Permanent Representation of Sweden to the EU (Brussels)
24 contributions 3006 visites
State aid: main developments between 1 January and 30 April 2011* On 26 January, the Commission authorised Spain to grant an interest-free reimbursable loan of €129 million to Aernnova for the development of the next-generation horizontal tail plane (HTP) for the future Airbus A350 XWB. (...)

The EU Commission authorises France to provide a €26 M direct grant for the construction of a district heating network in the North-East of Paris (CPCU)
European Commission - DG COMP (Brussels)
Belgique 59 contributions 7337 visites
,
Permanent Representation of Sweden to the EU (Brussels)
24 contributions 3006 visites
State aid: main developments between 1 January and 30 April 2011* On 26 January, the Commission authorised France to provide a €26 million direct grant for the construction of a district heating network in the North-East of Paris. The aid beneficiary is CPCU, a subsidiary of GDF Suez and the (...)

The EU Commission authorises France to provide a €25.3 M grant for the construction of a heat boiler using a renewable energy source in the Alsace region (Roquette Frères / Electricité de Strasbourg / Caisse des Dépôts / Consignations)
European Commission - DG COMP (Brussels)
Belgique 59 contributions 7337 visites
,
Permanent Representation of Sweden to the EU (Brussels)
24 contributions 3006 visites
State aid: main developments between 1 January and 30 April 2011* On 12 January, the Commission authorised France to provide a €25.3 million grant for the construction of a heat boiler using a renewable energy source (geothermal energy) in Beinheim, the Alsace region. The project also (...)

Procedures

 The US District Court for the Southern District of Ohio dismisses indirect purchasers’ class action challenging proposed reverse payment agreements as anticompetitive on an allegation of preventing a cheaper generic medicine to enter the market sooner (Plavix)
Sheppard Mullin (San Francisco)
États-Unis 4 contributions 1126 visites
Indirect Purchaser Plavix Class Actions Tossed for Lack of Antitrust Standing* On January 31, 2011, the District Court for Southern District of Ohio granted defendants’ Rule 12(b)(6) motion, dismissing indirect purchaser class actions that challenged proposed reverse payment agreements as (...)

The EU Parliament adopts resolution on the Commission’s 2009 competition policy report and identifies areas for further action, including fining policy, State aid, and class damages for breaches of EU competition law
Court of First Instance of Namur (Namur)
Belgique 224 contributions 47561 visites
On 20 January 2011, the European Parliament adopted a resolution on the European Commission’s 2009 Report on Competition Policy, i.e. a report published by the Commission in June 2010 which provides an overview of the main competition policy developments and enforcement actions taken during (...)

The UK Government publishes the Health and Social Care Bill establishing an economic regulator with concurrent competition powers for the UK healthcare services
Linklaters (London)
Royaume-Uni 15 contributions 16828 visites
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Kirkland & Ellis (London)
Royaume-Uni 1 contribution 140 visites
Introduction > On 19 January 2011 the Health and Social Care Bill (the “Bill”) was published and had its first reading in the House of Commons. The Bill represents a significant overhaul of the current regulatory framework applying to the National Health Service (“NHS”) and contains, among (...)

The French Competition Authority consults on draft guidance on its method to set fines for antitrust infringements
European Commission - DG COMP (Brussels)
Belgique 714 contributions 220480 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 Macedonian Competition Authority adopts the fining guidelines under the new law on the protection of competition
University of Macau - Faculty of Law
Chine 284 contributions 226288 visites
On 13 November 2010 the new Macedonian Law on Protection of Competition has entered into force replacing the preceding Law that has been in force since 2005. The new law introduced a number of substantive and procedural changes that have been aimed at harmonizing the Macedonian competition law (...)

The French Criminal Supreme Court rules that illegally obtained evidence cannot be used before the Competition Authority (Phillips / Sony)
University of Aix-Marseille
France 7 contributions 8949 visites
I. The Issues at Hand In France, the competition authority (Autorité de la concurrence that used to be known as the Conseil de la concurrence) is in charge of ruling cases of anticompetitive practices. Even though it is not technically a court, one can appeal its decisions before the Appeal (...)

The French Supreme Court rejects the admissibility of recordings of telephone communications, obtained without the knowledge of the participants, as evidence before the Competition Authority in a consumer electronics case, applying Art. 9 C. civ. proc., Art. 6.1 ECHR and the principle of fairness of evidence (Avantage / Sony / Philips)
Juliette Goyer Avocat (Paris)
France 22 contributions 62128 visites
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Novartis (Rueil-Malmaison)
France 4 contributions 3631 visites
BACKGROUND In 2005, the French Competition Authority – (hereafter the “FCA”, previously the Competition Council) fined Panasonic, Sony France and Philips France for anticompetitive vertical agreements – retail price fixing – in the distribution of consumer electronics (decision No. 05-D-66 (...)

The Chinese State Administration for Industry and Commerce (SAIC) submits to the Legislative Affairs Office of the State Council a revised draft piece of legislation to respond to the changing economy
AnJie Broad Law (Beijing)
Chine 44 contributions 12599 visites
Revised Unfair Competition Law responds to changing economy* Introduction The Unfair Competition Law, which was enacted in 1993, has been described as the constitution of the market economy. However, China’s rapid social and economic development has given rise to new forms of unfair (...)

The Hungarian Parliament amends its Competition Act
European Commission - DG COMP (Brussels)
Belgique 714 contributions 220480 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 (...)

Regulatory

 The French Competition Authority issues recommendations in order to ensure adequate competition in the sector of online betting and gambling
EDHEC (Lille)
France 9 contributions 15502 visites
Further to a request in relation to the gambling and betting market, made by the European Gaming and Betting Association (EGBA) under article L. 462-1 of the French Code de commerce, and regarding French statute n° 2010-476, which regulates online betting and gambling, the French Competition (...)

The French Competition Authority issues an opinion pointing out some competition concerns in the newly opened online gambling markets
Autorité de la concurrence (Paris)
France 9 contributions 22111 visites
In an opinion issued seven months after the law entered into force, the French Competition Authority pointed out that some practices could give rise to anticompetitive issues: the betting right agreements signed between operators and sport event organizers should be regulated to ensure a fair (...)

The Italian Competition Authority adopts an opinion on the draft decree on the liberalization of postal services
European Commission - DG COMP (Brussels)
Belgique 714 contributions 220480 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 (...)