July 2016

General antitrust

 The Canadian Competition Authority releases its annual plan for 2016-2017 which outlines the goals of increasing compliance, empowering the citizens, and collaborating with partners
Fasken Martineau DuMoulin (Toronto)
Canada 26 contributions 633 visites
On July 28, 2016, the Competition Bureau (the “Bureau”) released its 2016-2017 Annual Plan, entitled “Strengthening Competition To Drive Innovation”. While this year’s Annual Plan ostensibly repackages both the Bureau’s 3-year Strategic Vision and its 2015-16 Annual Plan, it does contain a few (...)

Anticompetitive practices

 The Indian Competition Authority fines a professional association and its compliant pharmaceutical member company for anticompetitive agreements (Maruti & Company / KCDA Karnataka Chemists & Druggists Association / Lupin)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43212 visits
CCI again fines Pharma Company for Anti-Competitive Activities * The Competition Commission of India (“CCI/ Commission”) by way of its order dated 28.07.2016 has found the Karnataka Chemists and Druggist Association (“KCDA”) , Lupin Ltd. (“Lupin”) and their Office bearers to be in (...)

The German Competition Authority fines TV studio operators for cartel (Studio Berlin Adlershof)
German Competition Authority (Bonn)
Germany 458 contributions 117014 visits
Bundeskartellamt imposes fines on TV studio operators* The Bundeskartellamt has imposed fines amounting to a total of approx. 3.1 million euros on Studio Berlin Adlershof (SBA) GmbH, its affiliate Studio Berlin Broadcast GmbH (both located in Berlin) and Bavaria Studios & Production (...)

The UK Competition Appeal Tribunal rules that a follow-on claim by an automobile concerning an illegal cartel in the car glass sector was time-barred under the relevant foreign rules relating to limitation (Peugeot / Pilkington)
Osborne Clarke (London)
United Kingdom 28 contributions 866 visits
Brief summary of facts The action was based on the European Commission’s November 2008 decision fining four companies a total of EUR1.384 billion for participation in an illegal market-sharing cartel in the car glass sector. The claimants claimed that they made purchases of car glass from (...)

The Hungarian Competition Authority finds for the first time that mere negotiations concerning a draft consortium agreement can qualify as a hardcore cartel (Alcufer)
Baker McKenzie (Budapest)
Hongrie 17 contributions 36547 visites
On 26 July the Hungarian Competition Authority published its first ever cartel settlement decision which granted a 10% reduction from the fine to a settling party. The decision found that already the mere fact of negotiating with competitors a draft consortium agreement containing restrictive (...)

The EU Commission accepts commitments on geo-blocking practices restricting passive sales of audio-visual content (Paramount)
Fieldfisher (London)
Royaume-Uni 3 contributions 1142 visites
Territorial restrictions in media content licensing – lessons from the Paramount commitments decision* The European Commission’s battle against territorial restrictions in media content licences continues on a number of fronts. One of those is an investigation launched in January 2014 into (...)

The EU Commission accepts commitments that correct passive sales restrictions caused by geo-blocking of audio-visual content (Paramount)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56699 visits
On 26 July 2016, the Commission made legally binding the commitments offered by Paramount Pictures (“Paramount”) as it considered that they adequately addressed its concerns regarding specific contractual clauses restricting passive sales. In July 2015, the Commission had expressed concerns (...)

The Luxembourg Competition Council issues a decision stressing that a resale price maintenance practice constitutes a hard core restriction (SCAB)
NautaDutilh (Luxembourg)
Luxembourg 23 contributions 76878 visits
Clarification of applicable criteria The Competition Council clarified the applicable criteria, which will undoubtedly help companies to (better) assess whether their practices constitute an illegal RPM practice. Such criteria are most welcome. Indeed, even though the European Commission (...)

The Chinese NDRC sanctions three pharmaceutical companies for price fixing and joint boycotts (Huazhong Yaoye / Shandong Xinyi / Changzhou Siyao)
China Competition Bulletin (Beijing)
China 101 contributions 26791 visits
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University of Melbourne
Australia 103 contributions 29840 visits
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University of Melbourne
Australie 68 contributions 16430 visites
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On 22 July 2016, the NDRC sanctioned 3 pharmaceutical companies for engaging in price fixing and joint boycotts in relation to estazolam tablets and active pharmaceutical ingredients (API), in breach of Articles 13(1)(1) and 13(1)(5) of the Anti-Monopoly Law (AML). The 3 companies (Huazhong (...)

The Chinese NDRC fines three manufacturers of an insomnia drug for refusing to supply its pharmaceutical ingredients to other competitors and for raising its prices (Huazhong / Xinyi / Siyao)
Freshfields Bruckhaus Deringer (London)
Royaume-Uni 8 contributions 843 visites
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Freshfields Bruckhaus Deringer (Beijing)
China 17 contributions 18097 visits
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Fangda Partners (Hong Kong)
Hong Kong 3 contributions 278 visites
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China’s National Development and Reform Commission (NDRC), one of China’s three agencies responsible for antitrust enforcement, recently published its decisions to fine three Chinese companies active in the manufacture of estazolam (a drug commonly used to treat insomnia) for refusing to (...)

The EU Court of Justice issues a preliminary ruling on the liability for anti-competitive behaviour by employees and outside contractors (VM Remonts)
Hogan Lovells (Brussels)
Belgium 8 contributions 3506 visits
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European Commission - DG COMP (Brussels)
Belgique 6 contributions 7091 visites
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Baker Botts (London)
Royaume-Uni 9 contributions 2536 visites
Liability for anti-competitive behaviour by your employees and outside contractors: when you are off the hook and when you are not* In its recent VM Remonts judgment, the Court of Justice of the EU has confirmed the strict liability of companies for the anti-competitive behaviour of their (...)

The EU Court of Justice clarifies when an undertaking can be held liable for the anticompetitive behaviour of an independent service provider (VM Remonts)
Van Bael & Bellis (Brussels)
Belgium 391 contributions 95257 visits
In VM Remonts, the Court of Justice furst reiterated the established case-law on the liability of an undertaking for the conduct of an independent service provider: an undertaking may be held liable if the service provider acts under the direction or control of the undertaking concerned, and (...)

The French Competition Authority fines suppliers and distributors of liquid fuel heating units for concluding horizontal and vertical anticompetitive agreements (PVG / Ligne Plus)
French Competition Authority (Paris)
France 748 contributions 410680 visits
Liquid fuel backup heating units* The Autorité de la concurrence fines both PVG and Ligne Plus suppliers for anticompetitive agreement on wholesale prices and sharing of customer base (horizontal agreement). Besides, both suppliers are fined for having set distributors’ resale prices to (...)

Advocate General Szpunar renders an opinion on publication of information about the functioning of an illegal cartel acquired via leniency statements (Evonik Degussa)
CDC Cartel Damage Claims (Brussels)
Belgique 16 contributions 17454 visites
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CDC Cartel Damage Claims (Brussels)
États-Unis 5 contributions 3465 visites
Presenting public knowledge: Leniency programmes and cartels* By his opinion of 21 July 2016 in Case C-162/15 P, Evonik Degussa, Advocate General (AG) Maciej Szpunar of the EU Court of Justice confirmed that information on the functioning of a clandestine cartel, even when it originates from (...)

The UK Competition Authority fines online retailers for using automated repricing software to implement an illegal cartel (Trod / GB Posters)
UK Competition & Markets Authority - CMA (London)
United Kingdom 408 contributions 104962 visits
Online seller admits breaking competition law* An online seller has agreed to accept a fine after admitting using automated repricing software to implement an illegal cartel. Trod Limited has admitted agreeing with one of its competing online sellers, GB eye Limited (trading as ‘GB (...)

The Dutch Midden-Nederland District Court rejects a damages claim in a cartel case on the grounds that the claimant had failed in its obligation to furnish facts and sufficiently substantiate their claim (East West Debt / United Technologie / Schindler / ThyssenKrupp / Kone / Mitsubishi Elevator)
Jones Day (Amsterdam)
Netherlands 11 contributions 304 visits
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Jones Day (Amsterdam)
Netherlands 11 contributions 304 visits
Brief summary of facts In its Decision of 21 February 2007, the European Commission found that manufacturers of elevators and escalators infringed the cartel prohibition. EWD claimed that the material claimants, i.e. the purchasers of (services related to) escalators and elevators - which (...)

The EU Commission imposes record-breaking fines of € 2.9 billion against truck producers (MAN / Volvo / Renault / Daimler / Iveco / DAF Trucks)
Van Bael & Bellis (Brussels)
Belgium 391 contributions 95257 visits
On 19 July 2016, the Commission announced it had adopted a decision under the cartel settlement procedure fining truck producers a record breaking € 2.9 billion for their participation in a cartel on the market for medium and heavy trucks. The companies involved in the decision are MAN, (...)

The EU Commission imposes a cartel fine totaling €2.93 billion on four truck producer for coordinating their factory prices of trucks, new emissions technologies and their introduction in the market (MAN / Volvo / Renault / Daimler / DAF Trucks)
Norton Rose Fulbright (Brussels)
Belgium 38 contributions 7520 visits
THE EUROPEAN COMMISSION FINES TRUCK MANUFACTURERS A RECORD €2.93 BILLION FOR CARTEL CONDUCT* On 19 July 2016, the European Commission (Commission) imposed fines totaling €2,926,499,000 on four truck producers (39824 – Trucks). The fine is the highest ever imposed on members of a cartel by (...)

The EU Commission fines truck producers for cartel (MAN / Volvo / Renault / Daimler / Iveco / DAF Trucks)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2940353 visits
Antitrust: Commission fines truck producers € 2.93 billion for participating in a cartel* The European Commission has found that MAN, Volvo/Renault, Daimler, Iveco, and DAF broke EU antitrust rules. These truck makers colluded for 14 years on truck pricing and on passing on the costs of (...)

The French Competition Authority launches a public consultation on its midpoint assessment concerning its investigation on the hearing aids sector
French Competition Authority (Paris)
France 748 contributions 410680 visits
Hearing aids* As part of its investigation on the hearing aids sector, the Autorité de la concurrence launches a public consultation on its mid-point assessment today. The Autorité encourages the sector’s players to express their opinion on the competition issues identified. Interested (...)

The EU Commission concludes a five-year investigation finding that five truck manufacturers coordinated their prices (MAN / Volvo / Renault / Daimler / Iveco / DAF Trucks)
DLA Piper (Brussels)
Belgique 8 contributions 3652 visites
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Hausfeld (London)
États-Unis 11 contributions 5165 visites
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Hausfeld (London)
États-Unis 6 contributions 1097 visites
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The Trucks Cartel On 19 July 2016, the EC concluded a five-year investigation finding that five major truck manufacturers – MAN, Volvo / Renault, Daimler, Iveco and DAF (the ‘’Cartelists") – unlawfully coordinated the pricing of trucks over a 14-year period, from 1997 – 2011, as well as (...)

The Hellenic Competition Authority opens an ex-officio investigation into the luxury cosmetics market (L’Oréal)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18578 visits
Ex-officio investigation into the luxury cosmetics market, for alleged infringements of competition rules.* Ex-officio investigation into the luxury cosmetics market, for alleged infringements of competition rules. The Grand Chamber of the HCC will convene on the 13th of October 2016 to (...)

The UK Competition Appeal Tribunal awards competition damages in the country’s judgment on a standalone action (Sainsbury’s / MasterCard)
Cleary Gottlieb Steen & Hamilton (Rome)
Italie 9 contributions 3270 visites
The Competition Appeal Tribunal awards competition damages in UK’s first judgment on a stand-alone action* On 14 July 2016, the UK Competition Appeal Tribunal (CAT) ordered MasterCard to pay Sainsbury’s £68.6m plus interest for infringing competition law in the setting of UK multilateral (...)

The UK Competition Appeal Tribunal awards damages and finds that a company’s setting of national multilateral interchange fees for its payment cards infringed national and EU competition law on anticompetitive agreements (Sainsbury’s / MasterCard)
Osborne Clarke (London)
United Kingdom 28 contributions 866 visits
Brief summary of facts In 2012 Sainsbury’s filed an action against various MasterCard entities seeking damages for the amounts paid in interchange fees as part of merchant service charges for processing purchases made with MasterCard UK credit and debit cards since December 2006. Sainsbury’s (...)

The EU General Court rules that a parent company cannot be held liable for aggravated circumstances of a subsidiary’s conduct prior to the date of its acquisition (Parker Hannifin)
Van Bael & Bellis (Brussels)
Belgium 391 contributions 95257 visits
Under settled case law, a subsidiary and its parent company may be regarded as forming a single economic unit for the purpose of EU competition law. In such case, the Commission may be entitled to hold the parent company jointly and severally liable for the unlawful conduct of its subsidiary (...)

The UK Competition Appeal Tribunal holds that the multilateral interchange fee payment scheme was an agreement or decision of an association of undertakings and was therefore illegal (Sainsbury’s / MasterCard)
RBB Economics (London)
Royaume-Uni 2 contributions 1795 visites
Background In 2016 the Competition Appeal Tribunal (CAT) of the United Kingdom held that the payment scheme operated by MasterCard was an agreement or decision of an association of undertakings and so infringed Article 101(1) of the Treaty on the Functioning of the European Union (“TFEU”). (...)

The UK Competition Appeal Tribunal awards £8.6 million damages and finds that an undertaking setting of national multilateral interchange fees for its payment cards infringed national and EU competition law on anticompetitive agreements (Sainsbury’s / MasterCard)
Herbert Smith Freehills (London)
France 12 contributions 3394 visites
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Herbert Smith Freehills (London)
United Kingdom 45 contributions 9656 visits
On 14 Jul the UK Competition Appeal Tribunal (CAT) issued its judgment in the damages claim brought by Sainsbury’s against MasterCard. The CAT found that MasterCard’s setting of UK multilateral interchange fees (MIFs) for its payment cards infringed the Article 101 TFEU/Chapter I prohibition (...)

The German Supreme Court upturns the Appeal Court’s decision on a private enforcement claim and holds that there is a factual presumption that an agreement regarding anti-competitive conduct continues to affect the cartel members’ future behaviour (Lottoblock)
Hogan Lovells (Munich)
Germany 65 contributions 25594 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4637 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1514 visits
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Brief summary of facts Beginning in April 2005 the claimant tried to build an on-premise network, e.g. in supermarkets or gas stations, for brokering the local public lottery. The German Lotto and Toto Block, which is the umbrella organization of all public lottery companies owned and (...)

The Dutch Supreme Court rules that if a passing on defence were allowed then the chance of damages being paid was virtually negligible, but if not allowed the same third parties would still benefit because the claimant in this case is a State-owned enterprise (TenneT TSO / Saranne / ABB)
Jones Day (Amsterdam)
Netherlands 11 contributions 304 visits
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Jones Day (Amsterdam)
Netherlands 11 contributions 304 visits
Brief summary of facts In 1993, Sep and ABB entered into an agreement, which provided for the supply by ABB of a Gas Insulated Switchgear (GIS) installation to Sep that was transferred to TenneT. In its Decision of 24 January 2007, the European Commission found that, inter alia, ABB (...)

The Latvian Competition Authority fines companies specialized in water infrastructure development service for bid rigging (Sistēmas)
Latvian Competition Council (Riga)
Latvia 124 contributions 24622 visits
The Competition Council of Latvia Fines Three Companies for Collusive Bidding by Contractors* On 8 July 2016, the Competition Council (CC) of Latvia has fined three companies – SIA CO Sistēmas, SIA SAN B, and SIA Talsu spriegums – for rigging a public tenders. Companies were found to (...)

The Dutch Supreme Court accepts passing-on defence in private enforcement litigations (TenneT / Gas-insulated Switchgear)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47607 visits
On 8 July 2016, the Dutch Supreme Court (“the Court”) handed down a judgment upholding the availability of the passing-on defense in private enforcement litigation. The ruling resulted from a civil claim for damages brought by the electricity company TenneT against the gas-insulated switchgear (...)

The EU Commission accepts remedies proposed by container liner shipping companies on price transparency (CMA CGM)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2940353 visits
Antitrust: Commission accepts commitments by container liner shipping companies on price transparency* The European Commission has adopted a decision that renders legally binding the commitments offered by fourteen container liner shipping companies. The commitments aim to increase price (...)

The EU Court of Justice rules that payment of royalties under a licence agreement where the patent was held invalid may be compatible with Article 101 TFEU (Genentech / Hoechst)
Blackstone Chambers (London)
Royaume-Uni 1 contribution 376 visites
License fees, invalid patents and Article 101 TFEU: Genentech v Hoechst and Sanofi Aventis* Consider an agreement under which a license fee is payable for use of a patented technology even if it transpires that the patent is invalid. Is such an agreement contrary to Article 101 TFEU? The (...)

The EU Commission accepts commitments by 14 shipping liner companies to change their practices concerning announcements of intended price increases for containerised shipping services (Liner Shipping case)
McDermott Will & Emery (Brussels)
Belgium 43 contributions 8083 visits
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McDermott Will & Emery (Paris)
France 136 contributions 68727 visits
EUROPEAN COMMISSION CHALLENGES PUBLIC PRICE ANNOUNCEMENTS BY SHIPPING LINER COMPANIES* On 7 July 2016, the European Commission adopted a decision accepting commitments by 14 shipping liner companies to change their practices concerning announcements of intended price increases for (...)

The EU Commission seeks feedback on commitments offered by container liner shipping companies (Liner Shipping Case)
Van Bael & Bellis (Brussels)
Belgium 391 contributions 95257 visits
While public price announcements are common commercial practice in many markets, such announcements may be challenged as illegal price signalling if they have the object or effect of restricting competition among suppliers. The question remains, however, whether such announcements are (...)

The EU Court of Justice rules that royalties for unpatented technology are not necessarily anticompetitive (Genentech)
McDermott Will & Emery (Paris)
France 136 contributions 68727 visits
EU COURT RULES THAT ROYALTIES FOR UNPATENTED TECHNOLOGY ARE NOT NECESSARILY ANTICOMPETITIVE* On 7 July 2016, the Court of Justice of the European Union (CJEU) handed down a judgment on whether Article 101 of the Treaty on the Functioning of the European Union (TFEU) must be interpreted as (...)

The EU Court of Justice rules that payment of royalties under a licence agreement where the patent was held invalid may be compatible with Article 101 TFEU (Genentech / Hoechst)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56699 visits
On 7 July 2016, the Court of Justice of the European Union (the “ECJ”) issued its judgment on a request for a preliminary ruling from the Paris Court of Appeal, which had enquired whether Article 101 TFEU precludes a licensee from paying royalties pursuant to a licensing agreement when the (...)

The EU Commission carries out an unannounced inspection in the rail passenger transport sector
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2940353 visits
Antitrust: Commission confirms unannounced inspections in rail passenger transport sector* The European Commission can confirm that on 28 June 2016 its officials carried out unannounced inspections in the sector of rail passenger transport in several Member States. The Commission has (...)

The French Competition Authority adopts a settlement decision concerning a case involving companies active in the distribution of consumer goods overseas (Henkel)
French Competition Authority (Paris)
France 748 contributions 410680 visits
Exclusive distribution of consumer goods in overseas territories – Settlement* Within the framework of a settlement between all the parties, the Autorité de la concurrence fines Henkel and its wholesaler-importers in several overseas departments €600,000. In brief The Autorité de la (...)

The Indian Competition Appellate Tribunal reverses the Competition Authority’s decision and removes penalties for cartelization in packaging materials for sugar (Indian Jute Mills Association / Gunny Trade Association)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43212 visits
COMPAT sets aside CCI order penalizing Jute Mills Association for alleged cartelization for packaging material for sugar, etc.* COMPAT by its order dated July 1, 2016 has over-ruled the order of CCI wherein the Indian Jute Mils Association (IJMA) and Gunny Trade Association (GTA) were (...)

The Frankfurt Court of Appeal submits preliminary reference on how to treat bans on sales via third-party internet platforms in selective distribution systems (Coty Germany)
Reed Smith (Brussels)
Belgique 1 contribution 374 visites
European Court of Justice to Rule on Legality of Online Sales Bans*An appeal court in Frankfurt has asked the European Court of Justiceto clarify the application of the competition rules to online sales. The Frankfurt court made its request in the context of a dispute between a leader in (...)

Unilateral Practices

 The EU Commission accepts remedies to alleviate concerns in film licensing contracts in cross-border pay-TV services (Paramount / Sky UK)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2940353 visits
Antitrust: Commission accepts commitments by Paramount on cross-border pay-TV services* The European Commission has made commitments offered by Paramount legally binding under EU antitrust rules. These address the Commission’s concerns regarding certain clauses in film licensing contracts (...)

The Croatian Competition Authority refuses to open infringement proceedings on the market of telecommunications equipment because the alleged infringer does not hold a dominant position (Ericsson NT)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 20010 visits
Ericsson Nikola Tesla: Initiative for abuse of dominance dismissed* The Croatian Competition Agency (CCA) dismissed the initiative for the initiation of the infringement proceedings for the establishment of abuse of a dominant position against the undertaking Ericsson Nikola Tesla (Ericsson (...)

The EU Commission accepts remedies proposed by companies active on the credit default swaps market (ISDA / Markit)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2940353 visits
Antitrust: Commission accepts commitments by ISDA and Markit on credit default swaps* The European Commission has adopted a decision that renders legally binding commitments to licence inputs for credit default swaps, offered separately by the International Swaps and Derivatives Association (...)

The Italian Competition Authority grants an interim injunction to allow the carrying out of a competitive tender procedure in the public local transport services sector (Gara TPL Padova)
Municipality of Cagliari
168 contributions 134387 visits
The Italian Competition Authority (ICA) has recently opened an Article 102 TFEU investigation in the case Gara TPL Padova concerning a competitive tender procedure for the selection of a local public transport operator . Later, on the basis of Article 14-bis of the Italian Competition Act no. (...)

The Turkish Competition Authority investigates electricity suppliers and distributors (Akdeniz EDAS / CLK / Ak Den)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 76042 visits
The Competition Board (“Board”) in its decision dated 19.07.2016 and numbered 116-24/407-M (“Investigation”) has decided to open an investigation against electricity supplier and distributor companies, Akdeniz Elektrik Dağıtım A.Ş., CLK Akdeniz Elektrik Perakende Satış A.Ş. and Ak Den Enerji (...)

The EU Commission takes further steps in a case involving comparison shopping services and advertising-related practices (Google AdSense)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2940353 visits
Antitrust: Commission takes further steps in investigations alleging Google’s comparison shopping and advertising-related practices breach EU rules* The Commission has sent two Statements of Objections to Google. The Commission has reinforced, in a supplementary Statement of Objections, its (...)

The EU Commission considers comparison shopping services and advertising related practices (Google AdSense)
International Center for Law & Economics (Portland)
United States 16 contributions 7762 visits
Everything is amazing - and no-one at the European Commission is happy* Since the European Commission (EC) announced its first inquiry into Google’s business practices in 2010, the company has been the subject of lengthy investigations by courts and competition agencies around the globe. (...)

The French Competition Authority launches, in collaboration with 9 National Competition Authorities and the EU Commission, a survey among hoteliers to assess the remedies implemented in the hotel booking sector (Booking.com)
French Competition Authority (Paris)
France 748 contributions 410680 visits
Hotel booking platforms* The Autorité de la concurrence launches, in collaboration with 9 national competition authorities and the European Commission, a survey among hoteliers in order to assess the effects of the remedies implemented in Europe in the hotel booking platforms sector. (...)

The Indian Competition Appellate Tribunal reverses the Competition Authority’s fine for discriminatory practices against a public undertaking due to objective justification (Indian Exhibition Industry Association / Ministry of Commerce and Industry / India Trade Promotion Organisation)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43212 visits
Competition Appellate Tribunal (COMPAT) sets aside penalty imposed on India Trade Promotion Organization for abuse of dominance* COMPAT by its order dated July 1, 2016 has set aside the penalty imposed by the Competition Commission of India (CCI) on India Trade Promotion Organization (ITPO) (...)

Mergers

 The Chinese MOFCOM conditionally clears a merger in the market for production and sale of beer (AB InBev / SABMiller)
Hogan Lovells (Beijing)
China 81 contributions 21099 visits
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University of Melbourne
Australia 103 contributions 29840 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26791 visits
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On 29 July 2016, AB InBev’s acquisition of SABMiller was conditionally approved by the MOFCOM. With the acquisition, AB InBev acquires SABMiller’s 49% interest in CR Snow. When Anheuser-Busch acquired InBev back in 2008, the MOFCOM approved that acquisition on the condition that, inter alia, (...)

The German Competition Authority informs the public that manufacturers of glass fibre nonwovens has withdrawn their merger notification (Ahlstrom / Owens Corning)
German Competition Authority (Bonn)
Germany 458 contributions 117014 visits
MANUFACTURERS OF GLASS FIBRE NONWOVENS WITHDRAW MERGER NOTIFICATION * The Bundeskartellamt confirms that the notification of the planned merger between European Owens Corning Fiberglas Sprl, Watermael-Boitsfort, Belgium (’Owens Corning’) and Ahlstrom Glassfibre Oy, Kotka, Finland (...)

The French Competition Authority agrees on interim proceedings concerning the execution of an undertaking’s commitments in the home appliances and consumer electronics sector (Fnac / Darty)
Dechert (Paris)
France 20 contributions 24405 visits
Background of the case On 27 July 2016, after an in-depth investigation (phase II review), the French Competition Authority (“FCA”) cleared the acquisition of Darty Plc (“Darty”), a retailer of home appliances and consumer electronics, by Fnac SA (“Fnac”), a distributor of cultural goods, (...)

The German Competition Authority issues its preliminary assessment concerning a merger in the food retail market (Rewe / Coop)
German Competition Authority (Bonn)
Germany 458 contributions 117014 visits
BUNDESKARTELLAMT ISSUES PRELIMINARY ASSESSMENT OF THE PLANNED REWE/COOP MERGER* In response to enquiries the Bundeskartellamt confirms that on 25.07.2016 it sent the parties concerned in the Rewe/Coop merger control proceedings its draft decision in the matter. In addition to the parties to (...)

The US FTC requires divestitures in many local markets for traditional supermarket stores although there are between three and six remaining competitors (Ahold / Delhaize)
Dechert (Washington)
United States 15 contributions 2975 visits
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Dechert (Washington)
États-Unis 3 contributions 1624 visites
FTC Requires Divestitures in Ahold/Delhaize of 81 Stores and Gives Upfront Buyers More Time to Complete Acquisitions; Continues Focus on "Traditional Supermarket" Competition Key Points: The U.S. Federal Trade Commission (FTC) required divestitures in many local markets in Ahold/Delhaize (...)

The EU Commission conditionally clears an acquisition in the market for satellite launch services (Arianespace / ASL)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72722 visits
On 20 July 2016, the European Commission conditionally cleared the acquisition of Arianespace by Airbus Safran Launchers (“ASL”). Arianespace is a French company offering satellite launch services to private and institutional satellite operators. ASL is a 50/50 joint venture controlled by (...)

The US DoJ approves a merger of the world’s two largest beer producers subject to extensive structural and behavioral remedies (AB InBev / SABMiller)
Wilson Elser (New York)
1 contribution 409 visites
Department of Justice Moves Mega Beer Merger One Round Closer*U.S. Department of Justice (“DOJ”) antitrust officials have approved Anheuser-Busch InBev’s (“ABI”) $107 billion takeover of SABMiller, on condition that ABI divest substantial assets, agree to prohibitions of certain distribution (...)

The EU Commission clears a merger, subject to remedies, in the markets for satellites and launch services (Arianespace / ASL)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2940353 visits
MERGERS: COMMISSION APPROVES ACQUISITION OF ARIANESPACE BY ASL, SUBJECT TO CONDITIONS* Following an in-depth review, the European Commission has approved under the EU Merger Regulation, the acquisition of Arianespace by Airbus Safran Launchers (ASL), a joint venture between Airbus and (...)

The EU Commission clears a merger, subject to remedies, in the pharmaceutical sector (Meda / Mylan)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2940353 visits
Mergers: Commission clears acquisition of Meda by Mylan subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Meda AB of Sweden by Mylan N.V. of the Netherlands, subject to conditions. Both companies operate in the (...)

The French Competition Authority holds that the relevant market for retail distribution of electronic products comprises both physical and online stores (Fnac / Darty)
Cleary Gottlieb Steen & Hamilton (Rome)
Italie 9 contributions 3270 visites
THE FRENCH COMPETITION AUTHORITY HOLDS THAT THE RELEVANT MARKET FOR RETAIL DISTRIBUTION OF ELECTRIC PRODUCT COMPRISES BOTH PHYSICAL AND ONLINE STORES* On 18 July 2016, the French Competition Authority (FCA or the Authority) cleared the acquisition of Darty by the Fnac group, a move which (...)

The UK Competition Authority opens an in-depth inquiry concerning a merger on the mental healthcare services market (Acadia / Priory)
UK Competition & Markets Authority - CMA (London)
United Kingdom 408 contributions 104962 visits
Acadia/Priory merger faces in-depth investigation* Acadia’s completed acquisition of Priory faces being referred for an in-depth investigation by the CMA. Acadia Healthcare Company, Inc (Acadia) through its UK subsidiary Partnerships in Care, and Priory Group No.1 Limited (Priory) overlap (...)

The Higher Regional Court of Düsseldorf suspends ministerial authorisation of an acquisition (Kaiser’s Tengelmann / EDEKA)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72722 visits
In a decision of 12 July 2016, the Higher Regional Court of Düsseldorf suspended the ministerial authorisation of the acquisition of the supermarket Kaiser’s Tengelmann by its competitor EDEKA. The German Minister of Economic Affairs, Sigmar Gabriel, issued a ministerial authorisation in (...)

The US DoJ settles HSR Act violation case with record fine for inappropriately relying on the investment-only exemption and failing to comply with the premerger notification requirements (ValueAct / Halliburton / Baker Hughes)
Shearman & Sterling (New York)
États-Unis 11 contributions 3281 visites
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Sidley Austin (Washington)
États-Unis 3 contributions 546 visites
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Weil, Gotshal & Manges (Washington)
États-Unis 1 contribution 189 visites
Hedge Fund Settles HSR Act Violation, Setting Record $11 Million Fine* On July 12, 2016, two ValueAct funds and their common general partner (collectively, “ValueAct”) agreed to pay an $11 million penalty and adopt extensive compliance procedures to settle alleged violations of the (...)

The US DoJ imposes a $11 million fine for merger notification violation on an investment company (ValueAct)
Covington & Burling (Washington)
United States 20 contributions 12252 visits
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Rule Garza Howley (Washington)
États-Unis 9 contributions 2384 visites
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Covington & Burling (Washington)
United States 21 contributions 1790 visits
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Yesterday, the Antitrust Division of the Department of Justice (“DOJ”) announced that it has settled its lawsuit against ValueAct Capital Management L.P. (“ValueAct”) for violating the Hart- Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The settlement is noteworthy for two (...)

The US DoJ fines a record $11 million an activist investor for violations of the HSR Act and agrees to injunctive relief to settle allegations (ValueAct)
Simpson Thacher & Bartlett (New York)
États-Unis 2 contributions 512 visites
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Wilson Sonsini Goodrich & Rosati (Boston)
États-Unis 10 contributions 8594 visites
On July 12, 2016, the US Department of Justice (“DOJ”) announced that activist investor ValueAct Capital agreed to pay a record $11 million fine and also agreed to injunctive relief to settle allegations that ValueAct violated the Hart-Scott-Rodino Antitrust Improvements Act of 1976, 15 U.S.C. (...)

The EU Commission clears a merger subject to remedies in the market for the production and supply of plastic bumpers (Plastic Omnium / Faurecia)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2940353 visits
MERGERS: COMMISSION CLEARS ACQUISITON OF AN AUTOMOTIVE COMPONENT BUSINESS OF FAURECIA BY PLASTIC OMNIUM, SUBJECT TO CONDITIONS* The Commission has cleared under the EU Merger Regulation the proposed acquisition of the automotive plastic exterior component business of Faurecia by Compagnie (...)

The EU Commission clears acquisition between two automotive component manufacturers in the markets for plastic front bumpers, rear bumpers, and front end modules, subject to conditions (Plastic Omnium / Faurecia)
European Commission - DG TAXUD (Brussels)
Belgique 4 contributions 1482 visites
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European Commission - DG COMP (Brussels)
Belgique 2 contributions 391 visites
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Freshfields Bruckhaus Deringer (Paris)
France 2 contributions 5400 visites
Plastic Omnium/Faurecia Exterior Business: The use of delivery distances in defining the geographic market and how supplyside concentration cancels out buyer power* In a nutshell: An in-depth assessment of the customers’ sourcing behaviour and of the Parties delivery distance allowed the (...)

The Indian Competition Authority approves joint venture of two foreign global manufacturers of ice cream which will operate in the country only through export sales of one product (Nestle / PAI Partners / Riviera Topco)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43212 visits
CCI approves Nestlé & PAI JV* CCI vide its order dated July 1, 2016 has approved JV entered between Nestlé and PAI (through Riviera Topco) which would be jointly controlled by Nestlé and PAI (through Riviera Topco) and would be principally active in the production, distribution and sale (...)

The Indian Competition Authority approves share purchase agreement that transfers a coal plant between two energy companies via a special purpose vehicle (JSW Energy / Jindal Power / Everbest Steel and Mining Holdings / Jindal Steel and Power)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43212 visits
CCI approves JSW Energy acquisition of JSPL’s 1,000 MW power plant* CCI vide its order dated July 1, 2016 has given its approval to JSW Energy to acquire 1,000 MW power plant in Chhattisgarh from Jindal Steel and Power Ltd (JSPL).The JSPL board had approved divesting the unit of its (...)

The German administration proposes transaction value thresholds
Latham & Watkins (Brussels)
Belgique 4 contributions 747 visites
With little fanfare, on Friday, 1 July 2016, among a raft of other amendments to the Act against Restraint of Competition (‘ARC’; 9th amendment), the Federal Ministry of Economics proposed a far reaching change to German merger notification thresholds making it one of the few jurisdictions (...)

State Aid

 The EU Commission finds that a Belgian alternative tax scheme for the diamond sector does not constitute State aid
Maastricht University (Maastricht)
Belgium 357 contributions 67068 visits
Belgium’s Alternative Tax Regime for the Diamond Sector* Alternative tax regimes do not provide State aid as long as they raise the amount of tax paid and they are justified by the nature or general scheme of the normal system of taxation. Introduction During the past three years, the (...)

The EU Commission orders recovery of State aid and examines the definition of research in the context of aids granted for R&D purposes (ValDeal / CEATF)
Maastricht University (Maastricht)
Belgium 357 contributions 67068 visits
State aid for R&D: What is research?* Introduction The purpose of research is to discover something new. But what is often difficult to define for public authorities that wish to stimulate more research activities is how new must be the outcome of research. It is rare that research (...)

The EU Court of Justice finds that an aid scheme that omits express reference to the General Block Exemption Regulation cannot be considered to fulfill the conditions for exemption from notification set out in the Regulation (Dilly’s Wellnesshotel)
Maastricht University (Maastricht)
Belgium 357 contributions 67068 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice considers the compatibility of the bail-in provisions in the 2013 banking communication with the principle of proportionality (Kotnik)
Intesa Sanpaolo (Milan)
Italie 11 contributions 6289 visites
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Intesa Sanpaolo (Milan)
Italie 15 contributions 23156 visites
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Intesa Sanpaolo (Milan)
Italie 1 contribution 350 visites
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Bank rescue in the European Union. From bail-out to bail-in* States have traditionally faced banking crisis through the so-called bail-out tool: public resources have been used for a long time in order to rescue banks, putting the burden on public finance, thus on taxpayers. Actually, this (...)

The EU Court of Justice confirms the validity of the EU Commission’s 2013 Banking Communication (Kotnik)
Shearman & Sterling (London)
United Kingdom 30 contributions 14351 visits
In its judgment of 19 July 2016, the Court of Justice of the European Union confirmed that the European Commission’s 2013 Banking Communication is not contrary to EU law. The Court clarified that the burden-sharing requirements do not apply automatically and that in exceptional cases the (...)

The EU General Court rules on the concept of advantage in relation to the costs borne by competitors (Germany)
Maastricht University (Maastricht)
Belgium 357 contributions 67068 visits
Compensation for the extra costs imposed by law* Introduction On 14 July 2016, the General Court rendered its judgment in case T 143/12, Germany v Commission. The outcome was a victory for Germany as the General Court annulled Commission decision 2012/636 which had ordered Germany to (...)

The EU Court of Justice considers that the general presumption of confidentiality and the notion of overriding public interest is applicable to documents relating to procedures for reviewing State aid (Sea Handling)
University of Milan
Italie 1 contribution 197 visites
Right of access and State aid procedures: a look at the general presumption of confidentiality and the overriding public interest in Case C-271/15 Sea Handling v Commission* A look at the Court’s ruling of 14 July 2016 on the applicability of the general presumption of confidentiality - and (...)

The Italian TAR Veneto, Division I, issues a decision on the lawfulness of state aid granted to companies in Venice and Chioggia between 1995 and 1997 not eligible for state aid
BonelliErede (Brussels)
Belgium 28 contributions 23413 visits
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Luiss Guido Carli University (Rome)
Italy 24 contributions 1168 visits
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BonelliErede (Brussels)
Belgium 24 contributions 2166 visits
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Methods of recovery **Identification of beneficiaries TAR Veneto, Division I, Decision No. 754 of 7 July 2016 On 7 July 2016, TAR Veneto delivered Decision No. 754 in the annulment action brought by Lucy S.r.l. against the National Social Security Authority (“INPS”) and the Italian (...)

The Marseille Administrative Court of Appeal rules that the territorial authority disregarded the principle of equality in awarding a ferrying contract and failed to correctly apply three of the four Altmark criteria (Société Corsica Ferries)
Sheppard Mullin (Brussels)
Belgium 14 contributions 18571 visits
On July 4, 2016, the Administrative Court of Appeal of Marseille issued a decision on the terms and conditions that apply with regard to controlling the compensation arising from public service transport concessions. Facts and procedural background The case in question pits the company (...)

Procedures

 The Hellenic Competition Authority introduces new cartel settlement procedure rules
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47607 visits
On 21 July 2016, the Hellenic Competition Commission (“HCC”) adopted the terms and conditions of the settlement procedure in cartel cases, modelled after the EU equivalent procedure, under which companies cooperating in an antitrust investigation can receive a fine reduction. The aim of the (...)

The Spanish Competition Authority holds that mobile phones are not safe from dawn raid scrutiny (Nougat cartel)
European Commission - DG COMP (Brussels)
Belgique 1 contribution 244 visites
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King & Spalding (Brussels)
Belgique 8 contributions 1645 visites
Employee’s mobile phones not safe from dawn raid scrutiny, Spanish court finds* On 7 April 2016, the CNMC (Spain’s National Authority for Markets and Competition) Council imposed fines totalling €6.12 million on six Spanish nougat (“turrón”) producers for agreeing to share the market of the (...)

The Hellenic Competition Authority announces the details of its newly settlement procedure to parties involveed in horizontal cartel cases
Kyriakides Georgopoulos (Athens)
Greece 62 contributions 2511 visits
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Zepos & Yannopoulos (Athens)
Greece 28 contributions 1013 visits
Settlement procedure introduced (HCC 628/2016) In July 2016, the HCC announced the details of its newly introduced settlement procedure which shall be available to parties involved in horizontal cartel cases. Upon admitting involvement and waiving certain procedural rights, parties settling (...)

The US Court of Appeals for the Ninth Circuit overturns judgment of the District Court which rejected a class action based on lack of evidence on potential substitutes in geographic markets (Sutter Health)
Crowell & Moring (New York)
États-Unis 3 contributions 625 visites
Health Plan Members Convince Ninth Circuit to Revive Antitrust Class Action Against Dominant Northern California Healthcare Provider Sutter Health*An antitrust class action challenging the dominance of healthcare provider Sutter Health in Northern California received a new lease on life Friday (...)

The England and Wales Court of Appeal rules on fairness and equal treatment by national competition authorities (Gallaher)
Blackstone Chambers (London)
United Kingdom 23 contributions 5948 visits
Can several wrongs make a right? Gallaher v CMA in the Court of Appeal*When a public body makes a mistake in its treatment of one person, can fairness require it to treat other people in the same way – even if that means amplifying the effects of the mistake?According to the Court of Appeal in (...)

The Administrative Court of Dusseldorf rules on the right to access cartel damages proceeding file before the labour court (Local transportation company)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47607 visits
In a judgment of 7 July 2016, the Administrative Court Düsseldorf (the “Court”) annulled the prior decision of the President of the Higher Labour Court Düsseldorf (the “President”) who had denied a potential cartel victim access to the file of a cartel damages proceeding before the Higher (...)

The French Supreme Court holds that a jurisdiction or arbitration clause cannot be used by foreign undertakings to discard the application of provisions on unfair trade practices when the action is brought by the Minister of the Economy (Apple)
Autorité de la concurrence (Paris)
France 12 contributions 14428 visites
In a recent decision, the French Supreme Court had to decide whether or not a jurisdiction clause or an arbitration clause could be used by foreign companies to discard the application of French law enforcement concerning unfair trade practices, e.g. Article L. 442-6 of the Commercial Code. (...)

The Indian Competition Appellate Tribunal (COMPAT) clarifies its jurisdiction only covers appeals against the Indian Competition Authority which fall under Section 53A of the Competition Act (TPM Consultants)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43212 visits
COMPAT to hear and decide appeals only against order passed by the Commission under Section 53A (1) (a)* COMPAT by its order dated July 4, 2016 upheld order passed by the Competition Commission of India (“CCI/the Commission”) wherein it refused to entertain an appeal challenging the order (...)

The UK Patents Court defers hearing on competition law issues in a patent litigation until infringement of patents is established (Illumina / Premiatha)
Fieldfisher (London)
Royaume-Uni 1 contribution 324 visites
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Fieldfisher (London)
Royaume-Uni 3 contributions 1142 visites
Illumina, Inc v Premiatha Health PLC [2016] EWHC 1726 (Pat)*In July 2015 the Court of Justice of the European Union (CJEU) handed down its judgment in Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH (Case C-170/13). In that Judgment the CJEU ruled that in proceedings for an (...)

The German Federal Ministry of Economic Affairs publishes a draft law implementing the EU Damages Directive
Hausfeld (Berlin)
Allemagne 11 contributions 3133 visites
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Hausfeld (Berlin)
Allemagne 2 contributions 585 visites
Draft German law implementing EU Damages Directive* On Friday, 1 July 2016, the German Federal Ministry of Economic Affairs finally published its draft law implementing the European Union directive governing actions for damages for infringements of competition rules (“Damages Directive”). (...)

The German Federal Ministry of Economic Affairs publishes a ministerial draft of the ninth amendment to the German Act against restraints of competition
Hausfeld (Berlin)
Allemagne 11 contributions 3133 visites
On July 1, 2016, the German Federal Ministry of Economic Affairs published the ministerial draft of the 9th amendment to the German Act against Restraints of Competition (the “Draft”). The Draft implements the European Union directive governing actions for damages for infringements of (...)

The German Federal Ministry of Economics proposes a transaction value threshold to require notification of high value deals even with no or de minimis sales in Germany
Latham & Watkins (Brussels)
Belgique 4 contributions 747 visites
Germany proposes transaction value threshold to require notification of high value deals even with no / de minimis sales in Germany* With little fanfare, on Friday, 1 July 2016, among a raft of other amendments to the Act against Restraint of Competition (‘ARC’; 9th amendment), the Federal (...)