July 2019

General antitrust

 The EU Commission publishes its report regarding the public consultation on the vertical block exemption regulation
Bird & Bird (The Hague)
Pays-Bas 34 contributions 8713 visites
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Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 11 contributions 5118 visites
The growth of e-commerce over the last decade has had a significant impact on the market. Trends like the increased importance of online sales and the emergence of new market players such as online platforms significantly affected the distribution and pricing strategies of both manufacturers (...)

The Australian Competition Authority concludes its digital platforms inquiry and releases a final report containing 23 proposals for reform
Robins Kaplan (New York)
États-Unis 6 contributions 3598 visites
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Shearman & Sterling (New York)
États-Unis 4 contributions 1533 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Australian competition law watchdog recently concluded an investigation into big technology’s market power, the first comprehensive investigation of its (...)

The US DOJ changes course and announces that It will favorably consider “Robust” antitrust compliance programs at both the charging and sentencing stages in criminal cases
Dechert (San Francisco)
United States 26 contributions 8971 visits
Benjamin Franklin once observed that “an ounce of prevention is worth a pound of cure.” In the antitrust context, this means that most, if not all, companies will want as a matter of course to adopt and maintain an antitrust compliance program, because doing so will help avoid antitrust (...)

The US DoJ announces criminal enforcement policy that boosts the value of antitrust compliance programs
Farmer Brownstein Jaeger (San Francisco)
États-Unis 6 contributions 2129 visites
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Jones Day (San Francisco)
États-Unis 6 contributions 3187 visites
The U.S. Department of Justice Antitrust Division ("DOJ") recently announced significant revisions to its criminal enforcement policies regarding the value it places on a company’s pre-existing antitrust compliance program. Longstanding DOJ policy denied credit to companies at the charging (...)

The US DoJ announces it will consider deferred prosecution agreements for companies demonstrating “good corporate citizenship”
Kim & Chang (Seoul)
Corée du Sud 1 contribution 41 visites
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Gibson Dunn (Washington)
États-Unis 2 contributions 167 visites
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Gibson Dunn (Los Angeles)
États-Unis 3 contributions 1311 visites
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The DOJ Antitrust Division recently announced that it will allow prosecutors to resolve criminal antitrust investigations with deferred prosecution agreements (...)

The US DoJ announces a new policy aimed at incentivising corporate compliance
Robert Connolly Law (Philadelphia)
États-Unis 23 contributions 5063 visites
Some Early Thoughts On the Division’s New Policy On Corporate Compliance Programs (From a Guy Who Was Admittedly Against This When He Was With the Division)* There has been a great deal of publicity surrounding the Antitrust Division’s recent announcement that a corporation involved in a (...)

The Estonian Competition Authority forms an opinion about the competition of 5G frequency licences and believes the frequency band should be divided into small blocks
Estonian Competition Authority (Tallinn)
Estonia 12 contributions 1492 visits
The Competition Authority formed an opinion about the competition of frequency licenses in the frequency band of 3,410-3,800 MHz, as a result of which, the undertakings acquiring the licenses will start building a so-called 5G network for communications services. The Competition Authority (...)

The US Assistant Attorney General Delrahim announces changes to the Justice Manual designed to incentivise antitrust compliance programs
Baker Botts (Washington)
États-Unis 1 contribution 163 visites
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US Federal Trade Commission (FTC) (Washington)
États-Unis 1 contribution 163 visites
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LCLD Leadership Council on Legal Diversity (Washington)
États-Unis 3 contributions 1074 visites
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On July 11, 2019, Assistant Attorney General Makan Delrahim announced changes to the Justice Manual designed to incentivize the implementation and use of antitrust compliance programs. Chief among these changes is a reversal of the Antitrust Division’s longstanding policy of refusing to (...)

The US DoJ announces landmark policy shift to credit robust corporate compliance
Hogan Lovells (Washington)
États-Unis 10 contributions 3562 visites
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US Federal Trade Commission (FTC) (Washington)
États-Unis 1 contribution 16 visites
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1 contribution 16 visites
"An ounce of prevention is worth a pound of cure." Assistant Attorney General Makan Delrahim (Delrahim) for the Antitrust Division of the U.S. Department of Justice (the Division or DOJ) called on the words of Benjamin Franklin as he detailed a historic change to the DOJ leniency program. (...)

The US DoJ announces new approach to incentivizing and evaluating corporate antitrust compliance programs
Arnold & Porter Kaye Scholer (Washington)
États-Unis 1 contribution 58 visites
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Arnold & Porter Kaye Scholer (New York)
États-Unis 1 contribution 58 visites
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Arnold & Porter Kaye Scholer (Washington)
États-Unis 1 contribution 58 visites
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. I. Overview On July 11, 2019, Makan Delrahim, Assistant Attorney General for the Antitrust Division (the Division) of the DOJ, announced the Division’s new (...)

The US DoJ announces changes to its antitrust compliance program policy which include increased leniency for companies with robust compliance programs
CPR Institute (New York)
États-Unis 3 contributions 10894 visites
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Norton Rose Fulbright (New York)
États-Unis 2 contributions 77 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In a historic shift, prosecutors with the US Department of Justice’s (DOJ) antitrust division (the "Division") will now consider providing credit in the (...)

The US DoJ Antitrust Division publishes new policy that significantly enhances the importance of compliance programs
Crowell & Moring (Washington)
États-Unis 17 contributions 2521 visites
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McDermott Will & Emery (New York)
États-Unis 6 contributions 1083 visites
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4 contributions 1756 visites
THE LATEST: NEW DOJ ANTITRUST DIVISION POLICY MAKES COMPLIANCE PROGRAMS MORE CRITICAL THAN EVER* What Happened: Last week, the Antitrust Division reported that it has changed its Justice Manual to state that it will consider antitrust compliance at the charging stage in criminal antitrust (...)

The US DoJ announces new policy to consider the existence of effective antitrust compliance programs at the charging stage of criminal antitrust investigations
Shearman & Sterling (New York)
États-Unis 22 contributions 8356 visites
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Amazon
2 contributions 1562 visites
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Shearman & Sterling (Washington)
États-Unis 23 contributions 12786 visites
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Antitrust Division of the U.S. Department of Justice (Division) finally will consider the existence of effective antitrust compliance programs at the (...)

The US DoJ reverses long-standing policies and issues detailed guidance on corporate antitrust compliance programs
Linklaters (New York)
États-Unis 4 contributions 11287 visites
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Linklaters (New York)
États-Unis 9 contributions 1520 visites
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Linklaters (New York)
États-Unis 3 contributions 488 visites
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In a major policy shift applauded by companies and compliance professionals, on July 11 the Antitrust Division (the “Division”) of the U.S. Department of (...)

The UK Competition Authority launches a new market study in a bid to keep pace with the fast-moving digital economy
White & Case (London)
United Kingdom 27 contributions 13383 visits
On 3 July 2019, the Competition & Markets Authority (’CMA’) announced a new Digital Markets Strategy, which sets out the watchdog’s new "road map" for policy development in a bid to keep pace with a rapidly developing digital marketplace. At the same time, and as part of its focus in this (...)

The Vietnamese Parliament’s competition law amendments comes into effect
Hogan Lovells (Beijing)
Chine 81 contributions 19791 visites
On 1 July 2019, the amendments to Vietnam’s Competition Law came into effect. The amendments have the potential of marking the beginning of a new era. The revision of the Competition Law is in line with a push of economic liberalization by the government over the past few years. Efforts to (...)

Anticompetitive practices

 The French Competition Authority rejects the referral filed by an online content hosting service regarding practices of several companies in the online payment sector (Dstorage / Visa / Mastercard)
Autorité de la concurrence (Paris)
France 741 contributions 394629 visites
Online payment* The Autorité de la concurrence rejects, in the absence of solid evidence, the referral filed by the online content hosting service Dstorage (1fichier.com) regarding practices of several companies in the payment methods sector, notably the Groupement des Cartes Bancaires, Visa (...)

The Paris Court of Appeal rules that a car supplier is free to terminate a selective car distribution contract with a distributor despite meeting the selection criteria (Garage Richard Drevet / Hyundai)
Van Bael & Bellis (Brussels)
Belgique 173 contributions 56575 visites
On 31 July 2019, the Paris Court of Appeal (the “Court”) ruled that Hyundai did not discriminate against retailer Garage Richard Drevet by terminating its car distribution contract. The Court essentially ruled that each car supplier is free to determine whether to grant access to its selective (...)

The Hungarian Competition Authority accepts commitments from insurance companies to compensate the incomplete information provided to costumers (4Life Direct / Red Sands Life)
Bird & Bird (Budapest)
Hongrie 18 contributions 2375 visites
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Bird & Bird (Budapest)
Hongrie 16 contributions 2130 visites
In case Vj/68/2016 (31 July 2019), the GVH accepted the commitments of 4Life Direct Kft., Red Sands Life Assurance Company (Europe) Limited and Red Sands Insurance Company (Europe) Limited to pay approximately HUF 100 million (EUR 3 million) to beneficiaries of insurance products compensating (...)

The Hungarian Competition Authority accepts commitments from an airline company to compensate the customers who were inadequately informed (WizzAir)
Bird & Bird (Budapest)
Hongrie 18 contributions 2375 visites
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Bird & Bird (Budapest)
Hongrie 16 contributions 2130 visites
In case Vj/17/2017 (31 July 2019), WizzAir committed to compensate airline passengers in a total amount of around HUF 250 million (EUR 760,000) affected by the Wizz Flex service since 2010. The customers were unable to benefit from the free flight modification under the Wizz Flex service (...)

The Brazilian Court of First Instance in Dom Pedrito dismisses a hospital’s damages claim against a medical cartel because the Competition Authority’s underlying decision against the cartel was declared null and void due to the illegality of the evidence (Santa Casa de Caridade de Dom Pedrito / Medicinal Gases Cartel)
Cescon, Barrieu, Flesch & Barreto (Sao Paulo)
Brésil 6 contributions 126 visites
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Cescon, Barrieu, Flesch & Barreto (Sao Paulo)
Brésil 6 contributions 126 visites
Brief summary of facts Damage claim filed by a hospital based on the Brazilian Competition Authority’s (CADE) condemnatory decision of the so-called "medicinal gases cartel"(resulting in total cartel fines being imposed by CADE of US$ approximately BRL 2.9 billion or US$ 547 million). CADE’s (...)

The French Competition Authority fines two companies for vertical agreements in the fertilizer sector (Agrotechniek / Hydro)
Autorité de la concurrence (Paris)
France 741 contributions 394629 visites
Following Decision No 18-D-26 of 20 December 2018 on practices implemented in the sector of marketing liquid fertilisers for above-ground production for domestic use, the Competition Authority is penalising Agrotechniek BV, C.I.S and Hydro Factory/Hydro Logistique, companies active in the (...)

The Hellenic Competition Authority imposes interim measures in the aluminium industry for anticompetitive behaviour (Elmin Bauxites / Mytilineos)
Kyriakides Georgopoulos (Athens)
Grèce 61 contributions 2260 visites
EX OFFICIO INTERIM MEASURES MYTILINEOS S.A. VS ELMIN BAUXITES S.A. (HCC 690/2019) I. After a long period during which the HCC did not view favorably applications for interim measures, interim measures were imposed on 28.06.2019 ex officio by the HCC, in the context of a highprofile case (...)

The EU Court of Justice rules that damage felt by indirect purchasers of products effected by a cartel qualifies as direct damage and accordingly the local jurisdiction is competent to assess follow on damage claims (Tibor-Trans / DAF Trucks)
ICC France (Paris)
France 37 contributions 9137 visites
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Hogan Lovells (Paris)
France 24 contributions 6307 visites
Brief summary of facts In 2016, the Commission found that fifteen trucks manufacturers, including German based DAF Trucks, had colluded to distort competition in the European Economic Area. Tibor-Trans, a Hungarian national and international freight company, had purchased several trucks to (...)

The Spanish Competition Authority seeks a preliminary ruling on the framework agreement for the dock work sector
European Commission - DG COMP (Brussels)
Belgique 45 contributions 20613 visites
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Gómez-Acebo & Pombo (Brussels)
Belgique 51 contributions 28533 visites
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Basic-Fit (Hoofddorp)
Pays-Bas 45 contributions 20595 visites
In Spain, the dock work sector has been traditionally regulated by Royal Decree 2/1986. This Decree provided special sectorial rules, including the obligation to hire workers from the port docker management limited companies (“Sociedades Anónimas de Gestión de Estibadores Portuarios” or (...)

The EU Commission closes a proceeding against a Slovak railway company suspected to have obstructed an inspection (ZSSK)
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2817080 visites
Antitrust: Commission closes proceedings against Slovak rail company ZSSK related to an inspection* On 25 September 2018, the European Commission sent a Statement of Objections to the Slovak rail company ZSSK. The Commission informed ZSSK about its preliminary view that the company (...)

The Portuguese Competition Authority fines a brewing company for engaging in resale price maintenance practices in hotels, restaurants and cafés (Super Bock)
Portuguese Competition Authority (Lisbon)
Portugal 115 contributions 28769 visites
AdC sanctioned Super Bock for fixing minimum resale prices in hotels, restaurants and cafes* The AdC (Autoridade da Concorrência) sanctioned Super Bock Bebidas S.A., one board member and one director of the company to fines of €24 million for fixing minimum resale prices and other (...)

The Croatian Competition Authority fines companies for price fixing cartel in the sewage treatment market (Daska / Krtolin / Jole / Garma-promet / Kula)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19382 visits
Price fixing cartel in the sewage treatment market – CCA imposes fines* The Croatian Competition Agency detected a prohibited agreement – cartel between five undertakings in the Šibenik region who fixed the price in the provision of pumping out, transportation and disposal of human waste (...)

The Competition Commission of India finds no collusion of multiplex cinema operators and their association (Unilazer / VPF)
Shardul Amarchand Mangaldas (New Delhi)
Inde 63 contributions 18387 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 20412 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 19312 visites
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The CCI rejected at prima facie stage a complaint by Unilazer Ventures (Unilazer), a film content creation company, that a number of multiplex cinema operators and their association had colluded in relation to the imposition of a Virtual Print Fee (VPF), revenue sharing arrangements, delays in (...)

The Portuguese Competition Authority accuses two advertising associations of restricting competition in the advertisement services market by setting rules to prevent the participation of its associates in tenders (APAN / APAP)
Portuguese Competition Authority (Lisbon)
Portugal 115 contributions 28769 visites
AdC accuses Portuguese advertisers and advertising agencies of limiting the normal functioning of the market* The AdC (Autoridade da Concorrência) accuses the Portuguese advertisers association APAN (Associação Portuguesa de Anunciantes) and the advertising agencies association APAP (...)

The Barcelona Court of Appeal applies a narrow reading of the exhaustion principle to trademarks with a common origin (Schweppes / Red Paralela)
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52638 visits
On 22 July 2019, the Barcelona Court of Appeal (“Audiencia Provincial de Barcelona”) delivered a judgment on an appeal by Schweppes SA (“Schweppes”) against a judgment of the Commercial Court of Barcelona in which it held that the evidence provided by Red Paralela, a parallel importer, was (...)

The Mexican Competition Authority fines tortilla-producing associations for price-fixing and market sharing (Unión Palenque / Unión Flor de Maíz / Asociación de la Industriade la Masa)
Mexican Competition Authority (Mexico City)
Mexique 135 contributions 26042 visites
COFECE sanctions 5 natural persons and 3 tortilla-producing associations for price fixing and the segmentation of the corn tortilla market in the municipality of Palenque, in the state of Chiapas* • The sanctioned economic agents fixed prices per kilogram of tortilla in a range of 10 to 17 (...)

The EU Commission fines a Japanese retail and designs company for restricting cross-border sales and online sales (Sanrio)
Zepos & Yannopoulos (Athens)
Grèce 35 contributions 3591 visites
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Linklaters (London)
Royaume-Uni 34 contributions 3098 visites
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Zepos & Yannopoulos (Athens)
Grèce 29 contributions 2425 visites
On 9 July 2019, the Commission fined Sanrio, a Japanese company that designs, produces and sells “Hello Kitty” products, EUR6.2 million for breaching Article 101 TFEU by imposing territorial restrictions on cross-border and online sales of merchandising products featuring Hello Kitty and other (...)

The Lithuanian Competition Authority fines companies for entering into a cartel for cemetery maintenance services (Vilnius Cemeteries cartel)
Lithuanian Competition Authority (Vilnius)
Lituanie 105 contributions 20134 visites
Companies fined for cartel in public tender of cemetery maintenance services* Konkurencijos taryba found that in the public tender of Vilnius city cemetery maintenance services the firms belonging to the group of companies City Service SE concluded a cartel agreement with their competitor (...)

The Italian Competition Authority fines several companies having implemented two anticompetitive agreements in the market for corrugated cardboard sheets and in the market for corrugated cardboard packaging (Pro-Gest / Cartonstrong Italia / Ondulato Trevigiano / Ondulati Maranello...)
Italian Competition Authority (Rome)
Italie 69 contributions 18331 visites
ICA: corrugated cardboard, fines of over €287 million for the main manufacturing companies* On 17 July 2019, the Antitrust Authority concluded an investigation, finding that two separate agreements had been implemented to distort the competitive dynamics in the market for corrugated (...)

The EU Commission opens investigation into the allegedly anticompetitive conduct of a multinational online platform focused on e-commerce (Amazon)
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2817080 visites
Antitrust: Commission opens investigation into possible anti-competitive conduct of Amazon* The European Commission has opened a formal antitrust investigation to assess whether Amazon’s use of sensitive data from independent retailers who sell on its marketplace is in breach of EU (...)

The United States Court of Appeal for the Ninth Circuit issues a decision on the applicability of non-competes to business agreements (Ixchel Pharma / Biogen)
Dechert (San Francisco)
United States 26 contributions 8971 visits
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Orrick, Herrington & Sutcliffe (Silicon Valley)
États-Unis 1 contribution 36 visites
The Ninth Circuit recently certified a question to the California Supreme Court regarding the scope of California Business & Professions Code Section 16600. As readers of the Orrick Trade Secrets Watch blog are likely aware, Section 16600 states that “[e]very contract by which anyone is (...)

The Italian Council of State confirms the €180 million fine imposed on a pharmaceutical cartel for entering into an anticompetitive agreement by object (Hoffman-La Roche / Novartis)
Luiss Guido Carli University (Rome)
Italie 27 contributions 5445 visites
On July 17th, the Council of State dismissed the appeals presented by F. Hoffman-La Roche Ltd. and Roche S.p.A. ("Roche") and from Novartis Farma S.p.A. and Novartis AG ("Novartis") against the judgement issued by Regional Administrative Court of First Instance rejecting the appeals against (...)

The Italian Council of State confirms the national Antitrust Authority’s fine of €180 million to a pharmaceutical company for having “artificially differentiated” their medicinal products when entering into an anticompetitive agreement by object (Roche / Novartis)
Autorité de la concurrence (Paris)
France 3 contributions 834 visites
1. Introduction The Italian Council of State, with its judgment No. 4990 of 2019, rejected the appeal proposed by F. Hoffmann-La Roche Ltd, Roche S.p.A., Novartis AG and Novartis Farma S.p.A. against the first-instance judgement by which the Regional Administrative Court of Latium (the (...)

The Luxembourg Court of Cassation annuls the Court of Appeal decision regarding non-compete clauses in real estate franchise agreements (SOC1 / XN)
Arendt & Medernach (Luxembourg)
Luxembourg 56 contributions 109956 visites
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 6 contributions 2963 visites
I. Introduction Over the past ten years, the Luxembourg real estate market has experienced record growth: from Q2 2010 to Q2 2021, average prices for real estate ownership increased by 110.8%. With a residential home ownership rate of more than 70%, these trends have benefitted not only the (...)

The Spanish Competition Authority publishes a new ruling on the dairy sector cartel and imposes fines on companies and two trade associations amounting to €80.6 million (Industrias Làcteas 2)
CMS Albiñana y Suárez de Lezo (Madrid)
Espagne 2 contributions 441 visites
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CMS Albiñana y Suárez de Lezo (Madrid)
Espagne 12 contributions 3221 visites
On 26 February 2015, the Spanish Competition Authority (“CNMC”) handed nine companies and two trade associations that operated in the dairy sector fines of EUR 88 million. These fines were annulled by the Spanish High Court in October/November 2018 after the Spanish Supreme Court declared that (...)

The Spanish Competition Authority fines eight milk dairy companies and two industry associations for exchanging sensitive commercial information (Industrias Lacteas 2)
Bird & Bird (Madrid)
Espagne 29 contributions 4676 visites
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Ecija & Asociados (Madrid)
Espagne 20 contributions 2163 visites
On 11 July 2019, the Spanish Competition Authority ("CNMC") fined eight dairy companies and two industry associations with a total of €80,657,617 for infringing Article 1 of the Spanish Competition Act ("LDC") and Article 101 of the TFEU. The alleged anticompetitive practices took place in (...)

The Spanish Competition Authority fines eight companies that operate in the raw milk market for entering into an anticompetitive information exchange agreement (Industrias Lácteas 2)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46180 visits
On 12 July 2019, the CNMC found that the main milk producers had entered into anticompetitive information exchanges (at the national and regional level) on raw cow milk purchase prices and volumes purchased from farmers and milk suppliers. Altogether, the fines amount to €80.6 million. The (...)

The Turkish Competition Authority investigates an alleged anticompetitive agreement in the e-commerce sector for having implemented vertical restraints (Hepsiburada / Anka Mobil)
Erdem & Erdem (Istanbul)
Turquie 67 contributions 75780 visites
Introduction With its decision dated 10.07.2019 and numbered 19-22/326-M, the Turkish Competition Board (“Board”) launched a formal investigation against D-Market Elektronik Hizmetleri ve Ticaret A.Ş. (“Hepsiburada”) and Anka Mobil Tedarik A.Ş. (“Anka Mobil”) to determine whether the (...)

The EU Court of Justice reaffirms the General Court’s decision to annul the fines imposed by the Commission in the Yen interest rate derivatives cartel case (Icap)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92595 visits
On 10 July 2019, the Court of Justice of the European Union (the “ECJ”) delivered a judgment on an appeal lodged by the European Commission (the “Commission”) against the judgment of the General Court (the “GC”) that had annulled the fines imposed by the Commission on ICAP in the Yen Interest (...)

The EU Commission fines a company for restricting cross-border sales of merchandising products (Sanrio)
European Commission - DG COMP (Brussels)
Belgique 45 contributions 20613 visites
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Gómez-Acebo & Pombo (Brussels)
Belgique 51 contributions 28533 visites
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Basic-Fit (Hoofddorp)
Pays-Bas 45 contributions 20595 visites
The investigation of the Commission has found that Sanrio banned traders from selling licensed merchandise of Hello Kitty and other characters outside their territorial coverage but within the European Economic Area (“EEA”). Sanrio is a Japanese company that designs, licenses, produces and (...)

The EU Commission fines a company €6.2M for restricting cross-border sales of merchandising products featuring their brand characters (Sanrio)
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2817080 visites
Antitrust: Commission fines Sanrio €6.2 million for restricting cross-border sales of merchandising products featuring Hello Kitty characters* The European Commission has fined Sanrio €6.2 million for banning traders from selling licensed merchandise to other countries within the EEA. This (...)

The EU Commission fines a company €6.2 million for restricting cross-border sales of merchandising products (Sanrio)
Van Bael & Bellis (Brussels)
Belgique 173 contributions 56575 visites
On 9 July 2019, the Japanese company Sanrio was fined € 6.2 million by the European Commission (“Commission”) for infringing Article 101 Treaty on the Functioning of the European Union by restricting cross-border sales by its licensees. According to the Commission’s press release, the case (...)

The German Federal Court of Justice annuls a judgment of the Higher Regional Court of Düsseldorf imposing a fine on a drugstore for engaging in resale price maintenance (Rossmann)
Van Bael & Bellis (Brussels)
Belgique 173 contributions 56575 visites
On 9 July 2019, the German Federal Court of Justice (“FCJ”) annulled a judgment of the Higher Regional Court of Düsseldorf (the “Court”) which had increased a fine imposed on drugstore Rossmann for engaging in resale price maintenance (“RPM”) from € 5.25 million to € 30 million. In December (...)

The French Competition Authority fines a distribution cooperative of raw materials and baker equipment for market sharing (Back Europ)
Autorité de la concurrence (Paris)
France 741 contributions 394629 visites
Distribution of raw materials and equipment to bakers* The Autorité hands down fines to the cooperative Back Europ for having organised, on the whole of France, a geographical market distribution between its members. L’essentiel The Autorité hands down fines to the cooperative Back Europ (...)

The French Competition Authority fines a cooperative for having partitioned the French distribution market of raw materials and equipment to bakers (Back Europ)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92595 visits
On 8 July 2019, the French Competition Authority (the “FCA”) imposed a fine of € 1.7 million on the cooperative Back Europ for having partitioned the French market for the distribution of raw materials and equipment to bakers for 30 years. Back Europ is a cooperative that operates in the (...)

The EU Commission re-adopts its decision for the third time and imposes fines totalling more than €16 million on steel producers (Steel bar cartel)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92595 visits
On 4 July 2019, the European Commission (the “Commission”) adopted for the third time a cartel decision in which it imposed total fines of more than € 16 million on five Italian manufacturers of reinforcing steel bars for concrete, namely AlfaAcciai, Feralpi Holding, Ferriere Nord, (...)

The Paris Court of Appeal reduces the fines imposed on six of the companies involved in a flour cartel (Goodmills)
Bird & Bird (Paris)
France 23 contributions 3206 visites
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Vaillant Group (Paris)
22 contributions 3357 visites
The flour cartels judicial saga began in 2012 with a decision from the French Competition Authority (“the FCA”) under which it imposed a €242.6 million fine on 17 French and German companies for setting up a cross-border cartel between German and French millers between 2002 and 2008, and a (...)

The Indian Competition Authority opens investigation into allegations of discount control mechanisms that amount to resale price maintenance by biggest passenger car manufacturer (Maruti Suzuki India)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 41994 visites
CCI orders investigation against Maruti Suzuki for allegedly controlling discounts of its dealers in Western India* By way of order dated 04.07.2019, CCI has directed the DG to undertake a ‘thorough and detailed’ investigation to ascertain the factual position and modus operandi resorted by (...)

The French Competition Authority carries out unannounced inspections in the sector of crystal components distribution
Autorité de la concurrence (Paris)
France 741 contributions 394629 visites
Dawn raids* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the sector of crystal components distribution. Following authorization from the liberty and custody judge, the investigation services of the Autorité de la (...)

The UK Competition Authority announces the start of a formal market study into online platforms and the UK market for digital advertising
Fried Frank Harris Shriver & Jacobson (London)
Royaume-Uni 1 contribution 3400 visites
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Crowell & Moring (London)
Royaume-Uni 16 contributions 9712 visites
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Simmons & Simmons (London)
Royaume-Uni 7 contributions 7339 visites
What is the Study about? The Study is broad in scope and aims to examine three potential sources of harm in connection with the digital advertising market: i) to what extent online platforms have market power in user-facing markets and what impact this has on consumers; ii) whether consumers (...)

The Portuguese Competition Authority carries out unannounced inspections in the waste management sector
Portuguese Competition Authority (Lisbon)
Portugal 115 contributions 28769 visites
Autoridade da Concorrência carried out dawn raids in the waste management sector* The Autoridade da Concorrência (AdC) – Portuguese Competition Authority carried out dawn raids in two premises of seven undertakings in the waste management sector in the district of Lisbon on suspicions of (...)

The French Competition Authority fines a bicycle manufacturer for having prohibited authorised retailers from selling its bicycles online (Bikeurope / Trek Bicycle)
Autorité de la concurrence (Paris)
France 741 contributions 394629 visites
Online bicycle sales* The Autorité de la concurrence has fined Bikeurope for having prohibited its authorised retailers from selling its bicycles online Background Following documents sent by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control (...)

The Portuguese Competition Authority warns that using algorithms to coordinate market prices is incompatible with Competition Law
Portuguese Competition Authority (Lisbon)
Portugal 115 contributions 28769 visites
The AdC warns that using algorithms to coordinate market prices is incompatible with the Portuguese Competition Law* The Portuguese Competition Authority (Autoridade da Concorrência, AdC) warns that firms are responsible for the algorithms they use and that employing these tools with the aim (...)

The French Competition Authority fines a bicycle manufacturer €250.000 for online sale restrictions (Bikeurope / Trek Bicycle)
Van Bael & Bellis (Brussels)
Belgique 173 contributions 56575 visites
On 1 July 2019, the French Competition Authority (“FCA”) imposed a fine of € 250,000 on Trek Bicycle Corporation and its subsidiary Bikeurope B.V. (together “Bikeurope”) for having prohibited its authorised retailers from selling its bicycles online from 2007 to 2014, a restriction by object (...)

The EU Commission changes its preliminary view on the inspection of a Slovak rail company and closes the infringement proceedings (ZSSK)
Havel and Partners (Brno)
République tchèque 10 contributions 3692 visites
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URBAN STEINECKER GAŠPEREC BOŠANSKÝ (Bratislava)
Slovaquie 1 contribution 377 visites
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Havel and Partners (Brno)
République tchèque 1 contribution 377 visites
European Commission changed its preliminary view on the inspection in Slovak rail company ZSSK and closed the infringement proceedings* On 25 September 2018, the European Commission (“ Commission ”) published a press release that it sent a statement of objections to Slovak rail company ZSSK (...)

Unilateral Practices

 The Indian Competition Authority declares that an undertaking has not abused its dominant position in the budget hotels market without having determined dominance (Rkg / Oyo)
Shardul Amarchand Mangaldas (Mumbai)
Inde 3 contributions 926 visites
CCI in its recent judgements has exhibited a wide-ranging determinant quotient while examining the status of dominant position of the market players. While it is commendable that CCI defines relevant market in every dispute incorporating the facts of the particular dispute and bases its (...)

The Indian Competition Authority rejects a complaint according to which an online booking accommodation provider abused its dominant position (Rkg / Oyo)
Shardul Amarchand Mangaldas (New Delhi)
Inde 63 contributions 18387 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 20412 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 19312 visites
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In a case with important implications for the budget hotel sector, the CCI rejected at prima facie stage a complaint by RKG Hospitality, a hotelier, that Oravel Stays (OYO), which provides budget accommodation through online booking, had abused its dominant position by imposing one-sided, (...)

The Indian Competition Authority dismisses claim submitted against a leading insurance company and closes the case at prima facie stage (Indian Chemical Council / General Insurance Corporation of India)
Shardul Amarchand Mangaldas (New Delhi)
Inde 63 contributions 18387 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 20412 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 19312 visites
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The CCI rejected at prima facie stage a complaint by the Indian Chemical Council (ICC) that a leading reinsurer, the General Insurance Corporation of India (GIC), had abused its dominant position. The ICC alleged that GIC was, with its very high market share, dominant in the overall (...)

The French Competition Authority rejects the complaint of a petroleum company alleging a refusal to supply services by a competitor (CCIRPP / SRPP)
Autorité de la concurrence (Paris)
France 741 contributions 394629 visites
Under the terms of this Decision, the Competition Authority rejects the referral of the case against the Coopérative Carburant d’Intérêt Régional Public Privé (CCIRPP) on the grounds of lack of sufficient evidence and, consequently, the request for interim protective measures ancillary to its (...)

The Bulgarian Competition Authority fines an electricity provider for abuse of dominance (NEK)
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgaria 20 contributions 2811 visits
The Commission for Protection of Competition imposed to the National Electricity Company EAD pecuniary sanctions in a total amount of 315 612 BGN for infringements of Art. 21, p. 1 of the LPC. NEK abused its dominant position on the market of balancing of electricity producers from renewable (...)

The Bulgarian Competition Authority imposes a fine on a national electricity company for abuse of dominance in the market of balancing energy of renewables (NEK)
Tsvetkova Bebov Komarevski (Sofia)
10 contributions 4095 visites
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Tsvetkova Bebov Komarevski (Sofia)
4 contributions 885 visites
The Bulgarian National Electricity Company sanctioned for abuse of dominance on the market of balancing energy of renewables* The Bulgarian Commission for Protection of Competition (“BCPC”) imposed a fine amounting to BGN 315 612 the National Electricity Company EAD (“NEK”) for abuse of (...)

The Lithuanian Competition Authority terminates an abuse of dominance investigation after commitments are made by the postal service company (Lietuvos paštas)
Lithuanian Competition Authority (Vilnius)
Lituanie 105 contributions 20134 visites
Konkurencijos Taryba approves commitments by Lietuvos Paštas* Lietuvos paštas committed to inform other postal service providers about any pricing changes in advance and not to create any obstacles to its competitors operating in the same market. Konkurencijos taryba decided that these (...)

The EU Commission fines a chipmaker company €242 million for predatory pricing in the market of 3G baseband chipsets (Qualcomm)
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 40 contributions 39303 visites
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Latham & Watkins (London)
Royaume-Uni 10 contributions 12828 visites
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 9 contributions 5687 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 18 July 2019, the European Commission (“EC”) fined Qualcomm for abusing its market dominance by selling 3G baseband chipsets below cost, to force its (...)

The EU Commission fines a company €242 million for engaging in predatory pricing in the market for 3G baseband chipsets (Qualcomm)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 65805 visites
On 18 July 2019, the Commission announced that it had adopted a decision against Qualcomm for abusing a dominant position in the market for 3G baseband chipsets, and imposed a fine of € 242 million. According to the Commission, Qualcomm’s prices to certain key customers were below its costs (...)

The EU Commission fines a chipmaker manufacturer for predatory pricing (Qualcomm)
Zepos & Yannopoulos (Athens)
Grèce 35 contributions 3591 visites
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Zepos & Yannopoulos (Athens)
Grèce 29 contributions 2425 visites
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Linklaters (London)
Royaume-Uni 34 contributions 3098 visites
On 18 July 2019, the European Commission fined Qualcomm for abusing its market dominance through predatory pricing. The Commission found that between 2009 and 2011 Qualcomm sold its baseband chipsets below cost to two strategic customers in order to exclude from the market Icera, a new entrant (...)

The EU Commission fines a chipmaker company €242 million for predatory pricing (Qualcomm)
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2817080 visites
Antitrust: Commission fines US chipmaker Qualcomm €242 million for engaging in predatory pricing* The European Commission has fined Qualcomm €242 million for abusing its market dominance in 3G baseband chipsets. Qualcomm sold below cost, with the aim of forcing its competitor Icera out of (...)

The German Competition Authority ends an abuse probe after an online marketplace agrees to change business terms for dealers (Amazon)
Heinz & Zagrosek (Köln)
Allemagne 23 contributions 13098 visites
Bundeskartellamt ends abuse probe after Amazon agrees to changing business terms for dealers* On July 17, 2019, the German Bundeskartellamt (Federal Cartel Office, “FCO”) terminated its dominance probe into Amazon’s business terms towards sellers on its marketplace after Amazon agreed to (...)

The German Competition Authority reaches an informal settlement with an online marketplace and closes investigation into the company’s commercial practices (Amazon)
Hausfeld (Berlin)
Allemagne 7 contributions 1920 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In July 2019, the German Bundeskartellamt (Federal Cartel Office – “FCO”) reached an informal settlement with Amazon and subsequently closed its investigation (...)

The Austrian Competition Authority and the German Competition Authority close their respective abuse of dominance investigations after the company committed to changing contract terms (Amazon)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 65805 visites
On 17 July 2019, the Austrian Federal Competition Authority and the German Federal Cartel Office closed their respective abuse of dominance investigations against Amazon, after Amazon committed to changing contract terms. Throughout the years 2017 and 2018, both competition authorities had (...)

The EU Commission opens a formal investigation to examine whether an online retail platform’s use of sensitive data from independent retailers infringes competition rules (Amazon)
Zepos & Yannopoulos (Athens)
Grèce 35 contributions 3591 visites
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Linklaters (London)
Royaume-Uni 34 contributions 3098 visites
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Zepos & Yannopoulos (Athens)
Grèce 29 contributions 2425 visites
On 17 July 2019, the European Commission opened a formal investigation to examine whether Amazon’s use of sensitive data from independent retailers selling on the platform infringes EU competition rules. Amazon’s dual role, i.e. as a retailer selling on the platform and as the provider of the (...)

The German Competition Authority obtains amendments to seller rules active on a major online marketplace (Amazon)
German Competition Authority (Bonn)
Germany 447 contributions 113619 visits
Bundeskartellamt obtains far-reaching improvements in the terms of business for sellers on Amazon’s online marketplaces* In response to the competition concerns expressed by the Bundeskartellamt, Amazon is amending its terms of business for sellers on Amazon’s online marketplaces. Andreas (...)

The Paris Court of Appeal upholds the decision of the Competition Authority to fine a pharma company for abuse of dominance (Jansson-Cilag / Johnson & Johnson)
Dechert (Paris)
France 47 contributions 68604 visites
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Dechert (Paris)
France 20 contributions 21854 visites
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Willkie Farr & Gallagher (Paris)
France 2 contributions 1479 visites
More particularly, the Court affirmed the FCA’s conclusion that Janssen infringed competition law by, on the one hand, disparaging competing fentanyl specialties towards health professionals, emphasizing the risks associated with a switch from Durogesic© to a generic version and, on the other (...)

The Munich District Court issues an anti-suit injunction in patent litigation preventing an automotive company from further pursuing proceedings in the US (Nokia)
McDermott Will & Emery (Dusseldorf)
Allemagne 3 contributions 778 visites
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SySS (Munich)
Allemagne 2 contributions 732 visites
On July 11 2019, the Munich I District Court (Landgericht) issued an anti-suit injunction in patent litigation, preventing an automotive company from further pursuing proceedings in the United States. The Munich decision might become a landmark case because German courts have historically not (...)

The US District Court for the Southern District of Texas Houston Division dismisses an antitrust claim ruling that the lobbying of local governments is protected from antitrust litigation by the First Amendment (Tricon Precast / Easi‑Set)
Jones Day (Houston)
États-Unis 35 contributions 15655 visites
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Jones Day (Dallas)
États-Unis 4 contributions 897 visites
Last week, the U.S. District Court for the Southern District of Texas dismissed antitrust claims against Easi‑Set Industries. Plaintiff Tricon Precast claimed Easi‑Set violated the Sherman Act and Texas Antitrust Act when it successfully lobbied the Texas Department of Transportation to (...)

The US Court of Appeals for the Third Circuit affirms a bench trial’s decision in a rare price discrimination suit (Spartan Concrete Products / Argos USVI)
Hausfeld (New York)
États-Unis 12 contributions 2867 visites
Robinson-Patman Act decisions are rare. This often is because legitimate complaints against a supplier providing favorable pricing to a complaining customer’s competitors either are settled out of court or prior to a decision on the merits. So it is of interest when a price discrimination suit (...)

The US Court of Appeals for the Third Circuit affirms a directed verdict following a rare price discrimination trial (Spartan Concrete Products / Argos USVI)
Jones Day (Washington)
États-Unis 4 contributions 802 visites
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Jones Day (Cleveland)
États-Unis 12 contributions 4534 visites
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États-Unis 23 contributions 11322 visites
Failure to show antitrust injury proved fatal to price discrimination claims as the Third Circuit affirmed a directed verdict in favor of cement company, Argos USVI, in a case brought by its customer, ready-mix concrete company Spartan Concrete Products ("Spartan"). This decision highlights (...)

Mergers

 The Spanish Competition Authority initiates second-phase examination in connection with an acquisition of a white cement production base (Çimsa / Cemex)
ACTECON (Istanbul)
Turkey 27 contributions 9503 visits
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ACTECON (Istanbul)
Turkey 12 contributions 2798 visits
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ACTECON (Istanbul)
Turquie 8 contributions 1967 visites
Çimsa Çimento ve San. ve Tic. A.Ş. (“ Çimsa ”), a Turkey based international cement manufacturer has made a notification to the National Commission on Markets and Competition (“ CNMC ” in Spanish) on 05.06.2019 for its agreement with CEMEX S.A.B. de C.V (“ Cemex ”), aimed to purchase Cemex’s (...)

The Indian Competition Authority approves acquisition of additional shares in Mumbai International Airport by its holding company (Mumbai International Airport / GVK Airport Holdings)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 41994 visites
CCI approves acquisition of additional shares of Mumbai International Airport Ltd by GVK Airport Holdings Ltd* By way of order dated 26.07.2019, CCI has approved acquisition of additional shares of Mumbai International Airport Ltd (“MIAL”) by GVK Airport Holdings Ltd (“GVK”), as a result of (...)

The French Competition Authority clears, subject to remedies, a merger between two agricultural cooperatives (D’Aucy / Triskalia)
Autorité de la concurrence (Paris)
France 741 contributions 394629 visites
Agricultural cooperatives* The Autorité de la concurrence clears, subject to several conditions, the merger of agricultural cooperatives D’Aucy and Triskalia Background Agricultural and agrifood cooperative groups D’Aucy and Triskalia notified the Autorité de la concurrence of their (...)

The French Competition Authority clears a merger subject to remedies in the car publication market (Mondadori / Reworld Media)
Autorité de la concurrence (Paris)
France 741 contributions 394629 visites
Magazines* The Autorité de la concurrence clears, subject to conditions, the acquisition of Mondadori France (Biba, Grazia, Modes & Travaux) by Reworld Media (Marie France, Maison & Travaux, Auto Moto) Background Press group Reworld Media notified the Autorité of its planned (...)

The French Competition Authority clears a merger in the jewellery market (Mauboussin / Guérin Joaillerie / Galeries Lafayette / CFN)
Autorité de la concurrence (Paris)
France 741 contributions 394629 visites
Jewellery industry* The Autorité clears the acquisitions of Mauboussin and Guérin Joaillerie by Galeries Lafayette and La Compagnie Financière Nemarq & Co Background The Autorité de la concurrence approves the acquisition of joint control by the group Galeries Lafayette and La (...)

The EU Commission clears a merger subject to remedies in the telecommunication market (Vodafone / Liberty Global)
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2817080 visites
Mergers: Commission clears Vodafone’s acquisition of Liberty Global’s cable business in Czechia, Germany, Hungary and Romania, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition by Vodafone of Liberty Global’s cable business (...)

Commitments: The European Commission approves a telecoms merger with commitments to address unilateral horizontal effects without dominance (so-called “gap” case) (Vodafone / Liberty Global)
University of Tokyo
Japon 15 contributions 7646 visites
Background The good old cable network. Originally rolled out to transmit TV channels to households in the 80s, it has become the pipe through which millions of Europeans access fast internet or “broadband”. Little wonder that cable networks are eagerly coveted by telecom companies and, when (...)

The EU Commission conditionally clears a merger in the cable network market in four countries (Vodafone / Liberty Global)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 71776 visites
On 18 July 2019, the European Commission (“Commission”) conditionally approved Vodafone’s acquisition of Liberty Global’s cable network business in four countries (Czechia, Germany, Hungary and Romania). In order to address competition concerns identified mainly in Germany regarding the (...)

The EU Commission clears the acquisition, subject to remedies, of a cable business company (Vodafone / Liberty Global)
Bird & Bird (Dusseldorf)
Allemagne 21 contributions 2516 visites
On 18 July 2019, the European Commission (“EC”) cleared the acquisition of Liberty Global’s cable business by Vodafone in Germany, Czechia, Hungary and Romania subject to remedies. The concerns of the EC mainly related to the German market. In particular, the EC was worried that the (...)

The Italian Competition Authority conditionally approves a banking merger upon a divestiture remedy (BPER / Unipol Banca)
Municipality of Cagliari
167 contributions 132976 visites
In the BPER/Unipol Banca case the Italian Competition Authority (ICA) has conditionally authorized the acquisition of Unipol Banca Spa (UP) by BPER Banca Spa (BPER) . The ICA took the view that the proposed merger might restrain competition in many banking markets in the region of Sardinia (...)

The French Competition Authority clears without condition the acquisition of a retail store company (Nature & Découverte / Fnac Darty)
Autorité de la concurrence (Paris)
France 741 contributions 394629 visites
The Autorité de la concurrence clears without conditions the acquisition of Nature & Découvertes by Fnac Darty* Background On 19 June 2019, Fnac Darty notified the Autorité de la concurrence of its intention to acquire Nature & Découvertes. At the end of its competitive analysis, (...)

The Croatian Competition Authority clears a merger in the liquified petroleum gas wholesale and retail market (Petrol / Crodux Plin)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19382 visits
CCA approved Petrol/Crodux Plin LPG part of business concentration* By implementing the concentration Petrol will acquire the Crodux Plin LPG part of the business, including the undertaking Adria-Plin that operates in the LPG retail at the regional level, at one point of sale in (...)

The German Competition Authority prohibits merger in the waste management sector (Remondis / DSD)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 71776 visites
On 11 July 2019, the German Federal Cartel Office (“FCO”) prohibited the proposed acquisition of Duales System Holding (“DSD”) by Remondis. The parties are active in the waste management industry in Germany. In Germany, the waste management industry is organised around the “Dual System”, (...)

The EU Commission clears a merger subject to remedies in the pharmaceutical market (GlaxoSmithKline / Pfizer)
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2817080 visites
Mergers: Commission approves GlaxoSmithKline’s acquisition of Pfizer’s Consumer Health Business, subject to conditions* Commission has approved, under the EU Merger Regulation, the acquisition of Pfizer’s Consumer Health Business by GlaxoSmithKline. The decision is conditional upon the (...)

The Irish Competition Authority clears, subject to a divestment remedy, an acquisition between two companies in the rental and maintenance of flat linen to customers in the healthcare and hospitality sectors (Berendsen / Kings Laundry)
Trinity College Dublin (Dublin)
Irlande 12 contributions 1132 visites
Introduction 1. On 8 July 2019 the Competition and Consumer Protection Commission (CCPC), Ireland’s competition agency, cleared the acquisition by Berendsen Ireland Limited (Berendsen), ultimately controlled by Elis S. A. (Elis), of Kings Laundry Limited (Kings Laundry), subject to a (...)

The Portuguese Competition Authority opens an in-depth investigation regarding a merger in the real estate investment funds market (Fidelidade / Saudeinveste)
Portuguese Competition Authority (Lisbon)
Portugal 115 contributions 28769 visites
AdC started a phase II investigation on Fidelidade / Saudeinveste and Imofid merger* The AdC (Autoridade da Concorrência) decided to open a phase II investigation on the merger involving the acquisition by Fidelidade of two real estate investment funds, previously managed by a managing (...)

The EU Commission clears a merger subject to remedies in the air transport of passengers market (Flybe / Connect Airways)
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2817080 visites
Mergers: Commission approves the acquisition of Flybe by Connect Airways, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of UK regional air carrier Flybe by Connect Airways, a consortium by Virgin Atlantic, Stobart Aviation and (...)

The French, German and Polish Ministries for Economic Affairs publish a joint paper on the modernisation of EU competition policy focusing on merger control
Court of First Instance of Namur (Namur)
Belgique 224 contributions 46612 visites
In their call for changes to EU merger control and State aid rules, the French and German Ministries for Economic Affairs have been joined by their Polish counterpart. On 4 July 2019, they published a joint paper (available here) containing a number of suggestions for a reform of competition (...)

The German Competition Authority clears a merger in the paper wholesale market (Papyrus Deutschland / Papier Union)
German Competition Authority (Bonn)
Germany 447 contributions 113619 visits
Bundeskartellamt clears merger between the paper wholesalers Papyrus Deutschland and Papier Union* The Bundeskartellamt has cleared the acquisition of Papyrus Deutschland by Papier Union’s mother company, Inapa Group, in second phase proceedings. The wholesalers in paper, Papier Union and (...)

The Turkish Competition Authority unconditionally clears a joint-control acquisition in the market for domestic and international freight services (Kerry Logistics / Asav)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 168 contributions 81103 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 24 contributions 4793 visites
This case summary concerns an analysis of the Board’s Kerry Logistics/Asav HoldCo decision, where the Board, by taking into consideration the parties’ intention with regards to the acquisition of sole control, evaluated whether or not to tolerate an interim joint control period that would (...)

State Aid

 The EU Commission approves a Croatian support for the construction and operation of a terminal under State aid rules (LGN Terminal)
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2817080 visites
State aid: Commission approves public support for Croatian LNG terminal at Krk island* The European Commission has found Croatian plans to support the construction and operation of a liquid natural gas (LNG) terminal at Krk island to be in line with EU State aid rules. The project will (...)

The EU Commission approves a €300 million state aid public support for the development of ultrafast broadband network in Greece
Kyriakides Georgopoulos (Athens)
Grèce 61 contributions 2260 visites
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Kyriakides Georgopoulos (Athens)
Grèce 6 contributions 2593 visites
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Kyriakides Georgopoulos (Athens)
Grèce 4 contributions 109 visites
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According to the Digital Economy and Society Index 2019 (DESI 2019), Greece ranks 26th amongst EU countries in fast broadband coverage per household. In particular, only 66% of homes have access to fast internet of above 30 Mbps, far below the EU coverage of 83%, and less than 1% have access (...)

The EU Commission approves, under State aid rules, Hellenic support for the development of ultrafast broadband network
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2817080 visites
State aid: Commission approves €300 million public support for the development of ultrafast broadband network in Greece* The European Commission has approved, under EU State aid rules, €300 million of public support for Greece’s Ultrafast Broadband Infrastructure Scheme. The scheme will (...)

The EU Commission approves French support for six offshore wind farms under State aid rules
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2817080 visites
State aid: Commission approves support for six offshore wind farms in France* The European Commission has found support to six large offshore wind farms in French territorial waters to be in line with EU State aid rules. The measures will help France reduce CO2 emissions, in line with EU (...)

The EU Commission publishes a new State aid recovery notice
Antwerp University
Belgique 6 contributions 7242 visites
New EU State aid Recovery Notice strengthens Commission’s hand* On 22 July 2019, the European Commission published a new State aid Recovery Notice on its website (publication in the Official Journal of the European Union will follow). The new Notice replaces the Recovery Notice of 2007 which (...)

The EU Commission publishes new State aid recovery Notice
European Commission - DG COMP (Brussels)
Belgique 45 contributions 20613 visites
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Gómez-Acebo & Pombo (Brussels)
Belgique 51 contributions 28533 visites
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Basic-Fit (Hoofddorp)
Pays-Bas 45 contributions 20595 visites
In July 2019, the European Commission published a new Notice on the recovery of unlawful and incompatible State aid, which replaces a previous version of 2007. The aim of the 2007 Notice was to help the recovery process that follows Commission decisions ordering Member States to recover (...)

The EU Commission concludes that State aid in the Italian postal service market is compatible with Article 106 TFEU (Poste Italiane)
Maastricht University
Belgique 353 contributions 64122 visites
How to Compensate for the Extra Cost of Public Service Obligations: Step-by-Step Guidance on a Complex Calculation* Introduction The two most difficult issues in the design of State aid measures to support services of general economic interest [SGEI] are the proper definition of the public (...)

The Italian Council of State rules that the EU Commission’s decision to declare a provision of State aid legal cannot have a retroactive effect (Impresa Renato Murgia)
BonelliErede (Brussels)
Belgique 28 contributions 23135 visites
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Luiss Guido Carli University (Rome)
Italie 23 contributions 972 visites
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BonelliErede (Brussels)
Belgique 24 contributions 1936 visites
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On 15 July 2019, the Council of State delivered Decision No. 4962 in which it rejected the appeal brought by the Autonomous Region of Sardinia against a decision of the Regional Administrative Court of Sardinia (“TAR Sardinia”), which had upheld the annulment action brought by Re. Mu. S.r.l. (...)

The EU General Court rejects an action for annulment against a decision authorising State aid in favour of a competitor in the air transport sector (Air France / Marseille Airport)
Van Bael & Bellis (Brussels)
Belgique 153 contributions 33942 visites
On 11 July 2019, the General Court (“GC”) rejected an action for annulment brought by Air France against the European Commission (“Commission”) decision concerning State aid in favour of Marseille Provence Airport as inadmissible (Case T-894/16, Société Air France v. Commission). The (...)

The Dutch Court of Appeals for Amsterdam rules the total annulment of a public loan guarantee would not breach the legal principles of fairness and reasonableness when trying to restore the competitive landscape (Commerz)
Freshfields Bruckhaus Deringer (Amsterdam)
Pays-Bas 19 contributions 580 visites
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Freshfields Bruckhaus Deringer (Amsterdam)
Pays-Bas 20 contributions 980 visites
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Freshfields Bruckhaus Deringer (Amsterdam)
Pays-Bas 19 contributions 580 visites
For the facts of the case, please refer to the case summary of the judgment from the Supreme Court of the Netherlands, 27 May 2016 (Commerz v Rotterdam Port Authority) ECLI:NL:HR:2016:994. Taking into account the preceding judgments of the Supreme Court of the Netherlands and the Court of (...)

Procedures

 The EU Court of Justice provides guidance on the interpretation of the place of the harmful event under Regulation Brussels I bis for the determination of alternative grounds of jurisdiction in pan-European cartel damages cases (Tibor-Trans / DAF Trucks)
CDC Cartel Damage Claims (Brussels)
Belgique 16 contributions 17305 visites
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European Commission - DG COMP (Brussels)
Belgique 5 contributions 2559 visites
With its judgment of 29 July 2019 in Case C-451/18,Tibor-Trans (the ‘Judgment’), the EU Court of Justice (the ‘CJEU’) clarified the competence of national courts to hear damage actions relating to pan-European infringements of Art. 101 TFEU under Regulation 1215/2012 Brussels I bis (in short (...)

The EU Court of Justice rules on jurisdiction in private damages actions for infringement of competition law in absence of a contractual link between parties to the cartel (Tibor-Trans / DAF Trucks)
Court of First Instance of Namur (Namur)
Belgique 224 contributions 46612 visites
On 29 July 2019, the Court of Justice of the European Union (the “ECJ”) handed down a judgment in which it held that a domestic court in an EU Member State has jurisdiction to rule on a follow-on competition damages claim even when no direct contractual link exists between the participant to a (...)

The EU Commission consults stakeholders on guidance for national courts when handling disclosure information in proceedings for the private enforcement
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2817080 visites
Antitrust: Commission consults stakeholders on guidance for national courts when handling disclosure information* The European Commission is inviting comments on a draft communication to assist national courts in dealing with requests to disclose confidential information in proceedings for (...)

The Delhi High Court holds that the absence of a judicial member does not invalidate proceedings and orders passed by the Competition Authority (Cadd)
Karkinos Healthcare (Mumbai)
8 contributions 6370 visites
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Trilegal (Bangalore)
Inde 5 contributions 3659 visites
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Trilegal (Mumbai)
Inde 8 contributions 6370 visites
The Hon’ble High Court of Delhi (Delhi HC) recently held that orders passed and proceedings held by the Competition Commission of India (CCI) in the absence of a judicial Member cannot be invalidated. This decision of the Delhi HC abundantly clarifies that orders passed by the CCI in (...)

The High Court of Delhi rules that proceedings and orders passed by the Competition Commission of India cannot be invalidated by way of constitutional defects (Cadd)
Shardul Amarchand Mangaldas (New Delhi)
Inde 63 contributions 18387 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 20412 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 19312 visites
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In April 2019, a Division Bench of the High Court of Delhi had declared two provisions of the Competition Act, 2002 unconstitutional and void. All other provisions of the Competition Act were held to be valid subject to a number of orders including that “the Central Government shall take (...)

The Italian Council of State encourages greater judicial review scrutiny in antitrust proceedings (Roche / Novartis)
Jones Day (Milano)
Italie 3 contributions 455 visites
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Jones Day (Brussels)
Belgique 12 contributions 2696 visites
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Jones Day (Milano)
Italie 1 contribution 33 visites
The Italian State Council to tip the scale in favor of a deeper judicial review of antitrust misconduct. In the Italian public enforcement matter La Roche-Novartis v. Antitrust Authority, the State Council (the administrative court of second instance, which has exclusive jurisdiction on (...)

The French Anti-corruption Agency issues its first decision and finds no violations of the requirements of article 17 of the Sapin II Law (S et Mme C)
Squair Avocats (Paris)
France 1 contribution 172 visites
The Sanctions Committee of the French Anti-Corruption Agency (’AFA’) issued its first decision on 4 July 2019. The Committee found that none of the violations of the requirements of article 17 of the Sapin II Law (loi n° 2016-1691 du 9 décembre 2016 relative à la transparence, à la lutte (...)

The Ankara 6th Administrative Court annuls the Turkish Competition Authority’s decision and finds that the Authority did not meet the required standard of proof (Sahibinden)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 168 contributions 81103 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 24 contributions 4793 visites
(1) Introduction The decision of the Turkish Competition Board (the “Board”) concerning the full-fledged investigation of the Turkish Competition Authority (the “Authority”) against Sahibinden Bilgi Teknolojileri Pazarlama ve Ticaret A.Ş. (“Sahibinden.com”) has been unanimously overturned (...)

The EU Commission issues guidelines for national courts on how to calculate the pass-on of price overcharges related to infringements of EU antitrust rules
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46180 visits
The European Commission has issued guidelines for national courts on how to estimate the passing-on of overcharges to indirect purchasers of goods and services affected by infringements of Articles 101 and 102 TFEU. The guidelines have been issued pursuant to Article 16 of the Antitrust (...)

The EU Commission adopts guidelines on passing-on for national courts
Hausfeld (London)
Royaume-Uni 2 contributions 131 visites
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Hausfeld (Düsseldorf)
États-Unis 2 contributions 131 visites
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Hausfeld (Berlin)
Allemagne 2 contributions 131 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 1 July 2019, the European Commission (the “Commission”) adopted guidelines designed to provide national courts with guidance in estimating the share of (...)

Regulatory

 The Australian Competition Authority releases its final report on the digital platforms inquiry
Bird & Bird (Sydney)
Australia 28 contributions 3392 visits
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Bird & Bird (Sydney)
Australia 21 contributions 2418 visits
In mid-2019, the Australian Competition and Consumer Commission ("ACCC") released its final report in the landmark Digital Platforms Inquiry ("Final Report"), in which it recommended, amongst other things, amendments to section 50(3) of the Competition and Consumer Act 2010 (Cth), which forms (...)

The Australian Competition Authority publishes its final report on the challenges and opportunities in the digital platforms market
Herbert Smith Freehills (Melbourne)
Australie 7 contributions 785 visites
The ACCC is at the forefront of the global debate on the implications and consequences of digital platforms for competition and consumers. In its final report, the ACCC has approached the challenges and opportunities presented by digital platforms by adopting a holistic approach that takes (...)

The UK OFGEM fines two energy suppliers for agreeing not to target each other’s customer and another company for providing software to facilitate the collusion (Dyball)
Bird & Bird (London)
Royaume-Uni 28 contributions 3398 visites
On 26 July 2019, the energy regulator published its decision , issued in May, fining two energy suppliers for agreeing not to target each other’s customers, and a third company for providing software to facilitate the collusion; the decision addresses a number of interesting substantive and (...)

The Australian Competition Authority publishes its final report into the impact of digital search engines, social media platforms and other digital content aggregation platforms on consumers and news media businesses
Bird & Bird (Sydney)
Australia 28 contributions 3392 visits
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Spencer West (London)
Royaume-Uni 4 contributions 231 visites
Digital search engines, social media platforms and other digital content aggregation platforms have come under increasing global scrutiny in recent times. We are at a critical point in understanding the impact global digital search engines and platforms have on content aggregation, markets (...)

The Japanese FTC sees the passing of a bill that amends the Anti-Monopoly Act to enhance the magnitude of administrative fines
White & Case (Tokyo)
Japon 21 contributions 3379 visites
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White & Case (Tokyo)
Japon 20 contributions 3285 visites
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White & Case (Tokyo)
Japon 21 contributions 3379 visites
The bill to amend the Anti-Monopoly Act (the "AMA"), that includes the enhancement of a surcharge (i.e., administrative fine), has passed on June 19, 2019. It will be effective no later than from December 25, 2020. The surcharge (i.e., administrative fine) will likely be increased. The bill (...)

The German Competition Authority issues a report relating to the common understanding of G7 Competition Authorities on competition and the digital economy
German Competition Authority (Bonn)
Germany 447 contributions 113619 visits
Common Understanding on competition in the digital economy* The competition authorities of the G7 countries (Canada, France, Germany, Italy, Japan, United Kingdom, USA), together with the European Commission, have today presented the Common Understanding they have reached on the issues (...)

The UNCTAD meeting on competition law and policy adopts for consideration draft guiding policies and procedures aimed at tackling international antitrust concerns with Big Tech
United Nations Conference on Trade and Development (UNCTAD)
Suisse 12 contributions 788 visites
Competition law crosses the digital threshold* The disruptive effects of big technology companies on digital and offline markets was the subject of intense discussion at a recent UNCTAD meeting on competition law and policy. Governments gathered from 10 to 13 July at the United Nations’ (...)

The South African Government publishes a notice bringing into force some of the provisions of the amendment act of competition law
Baker McKenzie (Johannesburg)
Afrique du Sud 2 contributions 277 visites
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Baker McKenzie (Johannesburg)
Afrique du Sud 1 contribution 259 visites
An extensive set of competition law amendments has been in the making since December 2017 when the Competition Amendment Bill (Bill) was initially gazetted for public comment. After robust public participation and commentary, the key features of the Bill have predominantly made their way into (...)

The Italian Competition Authority publishes guidelines and policy recommendations for big data aimed to understand the implications that developments in digital economy have for antitrust, regulation and consumer protection
Ashurst (Brussels)
Belgique 1 contribution 218 visites
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Ashurst (Milan)
Italie 102 contributions 29520 visites
BIG DATA: ITALIAN AUTHORITIES PUBLISHED GUIDELINES AND POLICY RECOMMENDATION ON COMPETITION, CONSUMER PROTECTION AND DATA PRIVACY ISSUES* Introduction On July 10, 2019, the Italian Competition Authority (“ICA”), the Authority for the Communications Guarantees (“AGcom”), and the Authority (...)

The Italian Competition Authority issues with two other Italian authorities, guidelines and recommendations related to policies for Big Data
Italian Competition Authority (Rome)
Italie 69 contributions 18331 visites
Big data: the guidelines and recommendations of policies shared by the three Authorities* The Italian Competition Authority, the Authority for the Communications Guarantees and the Authority for the protection of personal data have published the guidelines and recommendations of policies for (...)

The Italian Competition Authority publishes guidelines for antitrust, privacy and consumer protection that will govern its approach to Big Data cases
White & Case (Brussels)
Belgique 38 contributions 65524 visites
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White & Case (Milan)
Italie 16 contributions 18740 visites
Setting the scene The Italian Competition Authority ("ICA"), recently published a set of Guidelines and Policy recommendations relating to the Digital Sector ("Guidelines"), focusing on antitrust, privacy regulation and consumer protection, the development of the digital economy, and, more (...)

The French Competition Authority announces that seven regulators have published a joint memo of their common approach to data-driven regulation
Autorité de la concurrence (Paris)
France 741 contributions 394629 visites
Cooperation between regulators* Seven regulators publish the fruit of their common approach to data-driven regulation Data-driven regulation, an additional tool for regulators In this era of unceasing innovation, regulators rely more and more on the collection, utilisation and (...)

The Spanish Government follows up on the EU’s regulation on the coordination of foreign investment with a draft regulation
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46180 visits
1. EU Regulation 2019/452 on a framework for the screening of foreign direct investments. Earlier this year, the EU adopted Regulation (EU) 2019/452 of 19 March (Regulation), establishing a framework for the screening of foreign direct investments (FDI) into the EU. The Regulation, dealing (...)

The Dutch Parliament submits a bill aiming at preventing competition law from hindering sustainability initiatives
Bird & Bird (The Hague)
Pays-Bas 34 contributions 8713 visites
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KPN (Amsterdam)
Pays-Bas 33 contributions 7186 visites
On 4 July 2019, a legislative proposal (’Wet ruimte voor duurzaamheidsinitiativen’, parliamentary document 2018-2019, 35247, no. 2) was submitted to the Dutch House of Representatives which aims to foster private collaboration towards sustainability goals by preventing sustainability (...)

The French Competition Authority issues an opinion diagnosing the state of competition in the French overseas territories
Autorité de la concurrence (Paris)
France 741 contributions 394629 visites
Fighting the high cost of living in French overseas territories* The Autorité delivers a general diagnosis of competition in the French overseas territories. There have been positive developments since the 2009 opinion, particularly in the telecoms sector. However, consumer prices paid (...)

The Dutch Parliament submits a legislative proposal to relax competition law for collaborations aimed at achieving sustainability goals
Invest International (The Hague)
Pays-Bas 2 contributions 795 visites
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Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 11 contributions 5118 visites
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Bird & Bird (The Hague)
Pays-Bas 4 contributions 1392 visites
COMPETITION LAW AND SUSTAINABILITY INITIATIVES: DUTCH BILL PROVIDES MORE LEEWAY* On 4 July 2019 a long-awaited Dutch legislative proposal regarding sustainability initiatives (“Wet ruimte voor duurzaamheidsinitiatieven“) was submitted to the Dutch House of Representatives. The proposal aims (...)

The UK Competition Authority publishes its digital markets strategy to ensure a level playing field where all businesses can compete on the merits of their offering
Bird & Bird (London)
Royaume-Uni 19 contributions 3431 visites
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Bird & Bird (London)
Royaume-Uni 28 contributions 3398 visites
In the context of increasing enforcement in the digital sector, the CMA published its Digital Markets Strategy ("DMS") in July 2019. It aims to ensure a level playing field where all businesses can compete on the merits of their offering. The DMS sets out strategic aims supported by the (...)

The UK Competition Authority publishes its digital markets strategy into online platforms and digital advertising
Bird & Bird (Sydney)
Australie 28 contributions 3392 visites
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Spencer West (London)
Royaume-Uni 4 contributions 231 visites
Digital search engines, social media platforms and other digital content aggregation platforms have come under increasing global scrutiny in recent times. We are at a critical point in understanding the impact global digital search engines and platforms have on content aggregation, markets (...)

The Chinese State Administration for Market Regulation releases three sets of regulation to implement China’s Anti- Monopoly Law
Hogan Lovells (Beijing)
Chine 81 contributions 19791 visites
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Hogan Lovells (Beijing)
Chine 4 contributions 1008 visites
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Hogan Lovells Fidelity (Shanghai)
9 contributions 2193 visites
On 1 July 2019, the State Administration for Market Regulation (SAMR) made public three sets of regulations to implement China’s Anti- Monopoly Law (AML): the Interim Regulation Prohibiting Monopoly Agreements; the Interim Regulation Prohibiting Conduct Abusing Dominant Market Positions; and (...)

The Chinese State Administration for Market Regulation ramps up antitrust enforcement by introducing 3 consolidated antitrust enforcement guidelines
Baker McKenzie (Hong Kong)
Hong Kong 11 contributions 17240 visites
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Baker McKenzie (Brussels)
Belgique 3 contributions 609 visites
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FenXun Partners (Beijing)
Chine 3 contributions 567 visites
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Since September 2018, the State Administration for Market Regulation ("SAMR"), the consolidated Chinese competition authority, has strengthened its enforcement (...)

The Indonesian Competition Authority announces a reform of its organizational structure and procedural law
HHP Law Firm (Jakarta)
Indonésie 4 contributions 1931 visites
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Dewi Negara Fachri & Partners (Jakarta)
2 contributions 504 visites
On 1 July 2019 the Indonesian Competition Authority, Komisi Pengawas Persaingan Usaha (KPPU), reformed its organizational structure in order to gear up for a more efficient enforcement. As part of the organizational reform, KPPU established the Directorate of Economics, the Directorate of (...)

The Australian Competition Authority issues guidance on its information gathering authority
Jones Day (Sydney)
Australie 10 contributions 2125 visites
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2 contributions 298 visites
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Jones Day (Melbourne)
Australie 1 contribution 15 visites
In Short The Development: The Australian Competition and Consumer Commission ("ACCC") recently issued new guidelines regarding compulsory information requests. The guidelines clarify application of the "reasonable search defense" against ACCC charges that a company’s response to ACCC (...)

The Japanese Competition Authority issues unfair Competition Prevention Act which grants legal protection to big data
Nagashima Ohno & Tsunematsu (Tokyo)
Japon 1 contribution 423 visites
On 1 July 2019 the Unfair Competition Prevention Act was amended to afford new legal protection to Big Data. The act regulates several types of unfair competition, including the new act of wrongfully acquiring, disclosing and using Big Data. Thus, parties should review their management (...)

The Spanish Ministry of Industry issues a draft regulation following up on the European Commission Regulation on Coordination of Foreign Investment with its own Foreign Investment Screening Regulation
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46181 visites
SPAIN FOLLOWS UP ON THE EUROPEAN COMMISSION REGULATION ON COORDINATION OF FOREIGN INVESTMENT WITH ITS OWN FOREIGN INVESTEMENT SCREENING REGULATION* 1. EU Regulation 2019/452 on a framework for the screening of foreign direct investments. Earlier this year, the EU adopted Regulation (EU) (...)

International

 Spain: The Audiencia Nacional grants the interim suspension of a decision of the Spanish Competition Authority regarding the exclusion from tenders of public contractors fined for market-sharing agreements (EYM Instalaciones)
Baker McKenzie (Madrid)
Espagne 34 contributions 25287 visites
In a Decision of 14 March 2019 (case S/DC/0598/2016, Railway electrification and electromechanics), the Spanish Competition Authority (CNMC) decided for the first time to activate the prohibition to participate in public tenders, foreseen in the Spanish Public Procurement Act (Act 9/2017), for (...)