June 2010

General antitrust

 The EU Council gives the Commission a mandate to conduct negotiations on EU’s accession to the ECHR
Court of First Instance of Namur (Namur)
Belgium 224 contributions 40368 visits
On 7 July 2010, official talks were launched in Strasbourg between the European Union (“EU”) and the Council of Europe, concerning the EU’s accession to the European Convention on Human Rights (“ECHR”). Thorbjørn Jagland, the Secretary General of the Council of Europe, and Viviane Reding, (...)

The EU Court of Justice rules against imported perfume ’tester’ resale (Coty Prestige Lancaster Group)
Van Bael & Bellis (Brussels)
Belgium 92 contributions 20197 visits
On 3 June 2010, the Court of Justice of the European Union (“ECJ”) added another judgment to its line of case-law concerning the trademark exhaustion rules. In Case C-127/09, Coty Prestige Lancaster Groupv. Simex Trading, the ECJ ruled that a German trader cannot sell imported perfume “testers” (...)

Anticompetitive practices

 The EU Commission imposes fines of € 518 M on prestressing steel cartel (DWK / Saarstahl / ArcelorMittal)
Van Bael & Bellis (Brussels)
Belgium 367 contributions 78588 visits
On 30 June 2010, the European Commission issued a decision imposing fines totaling € 518 million on seventeen producers of prestressing steel for their involvement in a long-running price-fixing and market-sharing cartel in breach of Article 101 TFEU. Prestressing steel is used with concrete in (...)

The UK Competition Authority implements a revised approach for company director disqualification orders (OFT guidance document on director disqualification orders in competition cases)
Sonam Mathur (New Delhi)
9 contributions 6875 visits
On 29th June 2010, the UK Office of Fair Trading (OFT) published revised guidance on the issue of Director Disqualification Order (DDO) in competition cases. The legal provisions relating to DDO are contained in the Company Directors Disqualification Act, 1986 as amended by the Enterprise Act, (...)

The Paris Court of Appeal reduces fines in rail track maintenance cartel case (Colas Rail / Pichenot Bouillé / Offroy / ETF / Vecchietti)
Van Bael & Bellis (Brussels)
Belgium 367 contributions 78588 visits
On 29 June 2010, the Paris Court of Appeal handed down its judgment in the appeals brought against a decision of the French Competition Authority of July 2009, which found that five rail track maintenance companies had infringed Article 81 EC (now Article 101 TFEU) and its French equivalent by (...)

The German Competition Authority imposes a fine of € 2.5 M for resale price maintenance on the Internet sales of GPS systems (Garmin)
Van Bael & Bellis (Brussels)
Belgium 149 contributions 44244 visits
According to a press release of 28 June 2010, the German Federal Cartel Office (“FCO”) has imposed a total fine of € 2.5 million on Garmin Deutschland GmbH (“Garmin”), a manufacturer of mobile navigation devices (e.g., GPS systems), and one of its employees, for engaging in resale price maintenance (...)

The U.S. FTC asks the 11th Circuit to overturn a lower court’s decision to allow a reverse payment settlement between branded and generic pharmaceutical manufacturers (Watson Pharmaceuticals)
Vinson & Elkins (Washington)
États-Unis 2 contributions 555 visites
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Reese Gordon Marketos (Dallas)
États-Unis 2 contributions 555 visites
A growing consensus among federal courts that so-called “reverse-payment” settlements rarely violate antitrust law has not tempered antitrust enforcement authorities’ opposition to such deals. In the pharmaceutical industry, brand-name drug manufacturers may file patent infringement lawsuits (...)

The French Competition Authority accepts commitments in order to address competition concerns in the discount coupons sector (HighCo / Sogec / Perifem)
French Competition Authority (Paris)
France 607 contributions 242134 visits
The Autorité de la concurrence accepts commitments enabling all market operators to use Webcoupon or to develop equivalent solutions* After a referral by the Institut de liaisons et d’études des industries de consommation (ILEC), and the company Ma Liste de Courses (MLDC), which complained of the (...)

The Lisbon Trade Court affirms the Portuguese Competition Authority’s infringement decision against an association of undertakings for exchanging information with its members on bread prices (Lisbon Breadmakers’ Association)
Samsung (Lisbon)
Portugal 5 contributions 4276 visits
On 25 June 2010, the Tribunal de Comércio de Lisboa (Lisbon Trade Court) dismissed the appeal against the Autoridade da Concorrência’s (Portuguese Competition Authority) infringement decision regarding the Associação dos Industriais de Panificação de Lisboa (Lisbon Breadmakers’ Association - the (...)

The EU Commission fines 17 bathroom equipment manufacturers for a price-fixing cartel and applies a "financial constraints" discount to 5 of them (Artweger / Cisal)
Winston & Strawn (London)
United Kingdom 6 contributions 3769 visits
The European Commission (Commission) yesterday announced fines imposed on seventeen companies totalling EUR 622 million for a price fixing cartel relating to bathroom equipment (IP/10/790). This is the Commission’s second cartel decision of 2010 and follows the Commission’s first cartel (...)

The EU Commission announces fines in bathroom fittings cartel tackling the issue of fine discounts on bankruptcy grounds (Artweger / Cisal)
University of East Anglia (Norwich)
United Kingdom 27 contributions 23047 visits
Article published on Centre for Competition Policy blog. Dodgy Plumbing: Why Europe’s Willingness to Grant Bankruptcy Discounts is Bad for Cartel Enforcement* A speech by the European Commissioner for Competition may signal a greater willingness to grant discounts in cartel fines on the (...)

The European Commission readopts a decision on a cartel in the market for carbonless paper (Bolloré)
Van Bael & Bellis (Brussels)
Belgium 367 contributions 78588 visits
In a press release of 23 June 2010, the European Commission announced the re-adoption of its decision to fine Bolloré for its participation in price-fixing and market-sharing agreements in the market for carbonless paper. The Commission had to re-adopt a decision against Bolloré as a result of a (...)

The Slovakian Competition Authority publishes a brochure on cartel agreements in public procurement
European Commission (Brussels)
Belgium 718 contributions 203402 visits
Slovakia: Antimonopoly Office of the Slovak Republic calls for Cooperation in disclosing Cartel Agreements in Public Procurement Disclosing and proving anticompetitive behaviour is very demanding and requires cooperation between the competition authority and procurers and other institutions. (...)

The Hellenic Competition Commission fines five companies active in the fish farming sector for having formed a crisis-cartel (Nireus Aquaculture / Dias Aquaculture / Hellenic Fishfarming / Andromeda Fishfarming and Selonda Aquaculture)
Ernst & Young (Athens)
Greece 6 contributions 2294 visits
On 23rd June 2010, the Hellenic Competition Commission (“Epitropi Antagonismou”, hereinafter: “HCC”) issued a decision on the merits by which it imposed fines on five fish farming companies (“NIREUS AQUACULTURE S.A.”, “DIAS AQUACULTURE S.A.”, “HELLENIC FISHFARMING S.A.”, “ANDROMEDA FISHFARMING S.A.” and (...)

The Svea Court of Appeal in Stockholm regards an association for copyright holders as undertaking and views ancillary agreements as giving effect to an anti-competitive agreement (ALIS / Mediearkivet)
Baker McKenzie (Stockholm)
Sweden 3 contributions 594 visits
ALIS (The Administration of Literary Rights) is a non-profit organisation that was formed by four associations for educational writers, authors, journalists and actors. To ALIS were also a number of independent copyright holders associated by agreement. ALIS role is to protect the member’s (...)

The Stockholm District Court of Appeal holds that an agreement whereby authors have entrusted the administration of their literary works to a collecting society constitutes the basis of an unlawful cooperation and thus is null and void (Mediearkivet)
Vinge (Stockholm)
Sweden 18 contributions 17923 visits
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Cosmetics Europe (Brussels)
Belgium 9 contributions 1614 visits
Introduction In two cases concerning the administration by a collecting society of literary works, the Stockholm District Court and, on appeal, the Court of Appeal, examined the agreements whereby authors had entrusted the administration of their literary works to a collecting society. It was (...)

The Romanian Competition Authority prosecutes five auto repairers for fixing the man/hour rates (Simerv / Selena Impex)
University of Macau - Faculty of Law (Macau)
China 281 contributions 214864 visits
On 17 June 2010 the Romanian Competition Authority (CC) found five auto repairers in Slobozia, the capital city of the Ialomita county, liable for infringement of the national equivalent of the Article 101 TFEU for fixing their man-hour rates. In its decision the CC stated that the market for (...)

The EU Court of Justice confirms €249.6M fine in a cartel on the plasterboard market (Lafarge)
Van Bael & Bellis (Brussels)
Belgium 367 contributions 78588 visits
On 17 June 2010, the European Court of Justice rejected an appeal brought by Lafarge SA (“Lafarge”) against the judgment of the General Court confirming the Commission’s decision to impose a fine totaling € 249.6 million on it for its participation in a cartel on the plasterboard market. In 2002, (...)

The Italian Competition Authority imposes a €76m fine to 19 freight forwarders and their trade association for cartel activities (Fedespedi)
Pavia e Ansaldo (Roma)
Italy 12 contributions 1423 visits
On 16 June 2010, the Italian Competition Authority (ICA) concluded its investigation into the market for international land freight forwarding and fined 19 operators for cartel activities aimed at increasing prices charged to customers. Fedespedi, the Italian Association of freight forwarders, (...)

The Spanish Competition Authority publishes a report on competition and the agrifood sector (Competencia y Sector Agroalimentario)
Hogan Lovells (Madrid)
Spain 46 contributions 90521 visits
On 16 June 2010, the Council of the Spanish Competition Authority (Consejo de la Comisión Nacional de la Competencia, hereinafter the "Council", "the NCC") published its Report on "Competition and the Agrifood Sector" ("the Report"). The Report is the consequence of a formal request made on 17 (...)

The Paris Court of Appeal rules on refusal by motor vehicle manufacturers to examine applications of dealers to be reappointed to their respective distribution networks (Groupe Volkswagen France)
Van Bael & Bellis (Brussels)
Belgium 149 contributions 44244 visits
In two separate judgments that were handed down in June 2010, the Commercial Court of Versailles and the Paris Court of Appeal awarded damages to former dealers of SA Nissan France (“Nissan”) and SA Groupe Volkswagen France (“VW”) respectively, whose dealership agreements were terminated by the (...)

The Spanish Competition Authority issues a report on the agri-food sector and considers conditions for a more lenient policy (2010 - Informe sobre competencia y sector agroalimentario)
European Court of Justice (Luxembourg)
Luxembourg 30 contributions 118495 visits
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Garrigues (Brussels)
Belgium 28 contributions 103469 visits
Both the European Commission and national competition authorities have been traditionally cautious on the application of Article 101 TFEU to undertakings in the agricultural sector. It was due to the specificity of this sector that Council Regulation 26/62 established certain exceptions to the (...)

The Italian Competition Authority starts investigation against alleged price fixing between the main players in the field of maritime agency service (Servizi di Agenzia Marittima)
Codacons (Rome)
Italie 12 contributions 15983 visites
In December 2007 Italian Competition Authority (hereinafter ICA) was reported about a potential behaviour which could have undermined the competition among maritime service agencies. Many companies were suspected to implement agreements even through using the category associations (Associazione (...)

The Mexican Competition Authority fines five undertakings and five individuals for price fixing in the trucking market (CanaCar)
Jones Day (Mexico)
Mexico 7 contributions 2910 visits
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Jones Day (Mexico)
Mexico 7 contributions 2910 visits
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Jones Day (Mexico)
Mexico 7 contributions 2353 visits
On June 14, 2010, the Mexican Federal Competition Commission (also known as Cofeco or CFC) announced its decision to fine a group of companies and individuals in the trucking industry, whom Cofeco charged with agreeing to impose a standard fuel surcharge, in violation of Mexican antitrust law. (...)

The Belgian College of Prosecutors in competition matters issues report on suspected cartel in BSE testing sector
Van Bael & Bellis (Brussels)
Belgium 367 contributions 78588 visits
On 11 June 2010, the Belgian College of Prosecutors in Competition Matters issued a report to the Competition Council alleging illegal cartel activities in the BSE testing sector in Belgium. According to the report, several BSE testing laboratories and slaughterhouses operated a market-sharing (...)

The Karlsruhe Higher Regional Court rules on key issues of private damages actions against hardcore cartels decides on the indirect customer’s right to claim and addresses the challenging task of quantifying antitrust damages (Carbonless paper cartel)
Eberhard Karls University of Tübingen
Allemagne 13 contributions 41054 visites
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Gleiss Lutz (Stuttgart)
Allemagne 2 contributions 2698 visites
Introduction Private enforcement in hardcore-cartels cases is getting in motion. In Germany, within less than one year two actions for damages against participants in hardcore-cartels were successful. After the decision of the Berlin Higher Regional Court in the “Berliner Transportbeton”-case (...)

The German Higher Regional Court in Karlsruhe awards € 100,000 in damages to a claimant on behalf of a printing firm which purchased paper from a subsidiary of a cartel holding the passing-on defense does not apply (Carbonless Paper Cartel)
White & Case (Hamburg)
Germany 10 contributions 35839 visits
In its decision dated 11 June 2010, the Higher Regional Court of Karlsruhe has awarded € 100,000 in damages to a claimant on behalf of a printing firm that purchased carbonless-paper indirectly from members of the carbonless-paper cartel. The printing firm was seeking damages for paying cartel (...)

The German Bundeskartellamt fines ophthalmic lenses manufacturers for involvement in cartel agreements (Rodenstock / Carl Zeiss Vision)
Arent Fox (New York)
États-Unis 2 contributions 4135 visites
On June 10, 2010, the German federal antitrust agency, the Bundeskartellamt, imposed a €115 million (approximately $153 million) fine on five leading ophthalmic lens manufacturers, Rodenstock GmbH, Carl Zeiss Vision GmbH, Essilor GmbH, Rupp + Hubrach Optik GmbH, and Hoya Lens Deutschland GmbH, (...)

The German Competition Authority fines a cartel of ophthalmic lenses manufacturers (Rodenstock)
European Commission (Brussels)
Belgium 718 contributions 203402 visits
Germany: Manufacturers of Ophthalmic Lenseh es Cartel fined On 10 June 2010, the Bundeskartellamt imposed fines totalling € 115,000,000 on five leading manufacturers of ophthalmic lenses in Germany (Rodenstock GmbH, Munich, Carl Zeiss Vision GmbH, Aalen, Essilor GmbH, Freiburg, Rupp+Hubrach (...)

Three US Senators introduce a bill that would make permanent provisions of the ACPERA granting reduced civil liability to successful leniency applicants
Sheppard Mullin (San Francisco)
United States 6 contributions 766 visits
Bill Introduced To Secure Reduced Civil Liability For Amnesty Applicants* Three U.S. senators have introduced a bill that would make permanent provisions of the Antitrust Criminal Penalties Enforcement and Reform Act of 2004 (ACPERA) granting reduced civil liability to companies who (...)

The Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on manufacturers of shutters for having implemented a price-fixing agreement and for bid rigging (Sanwa Shutter, Bunka Shutter, Toyo Shutter and Sanwa Holdings)
Cease and Desist Orders and Surcharge Payment Orders against Manufacturers of Shutters* The Japan Fair Trade Commission (JFTC), under the provisions of the Antimonopoly Act (AMA), has investigated companies engaged in manufacturing and selling shutters and found that they were in violation of (...)

The Hungarian Competition authority imposes fines for bid rigging cartel in the railroad construction sector (Colas, MÁVÉPCELL, MÁV MTM, Szentesi Vasútépítő and Vasútépítők)
King’s College (London)
United Kingdom 8 contributions 12662 visits
On 9 June 2010, the Hungarian Competition Authority (Gazdasági Versenyhivatal, GVH) adopted an infringement decision establishing that Colas Zrt., MÁVÉPCELL Kft., MÁV MTM Zrt., Szentesi Vasútépítő Kft. and Vasútépítők Kft. colluded and agreed to share the market, on the principles to be followed and in (...)

The German Competition Authority imposes further fines on coffee roasters (DKV, Gebr. Westhoff, J.J. Darboven, Kraft Foods Außer Haus Service, Luigi Lavazza Deutschland, Melitta System Service, Seeberger, Segafredo Zanetti Deutschland and Tchibo)
Van Bael & Bellis (Brussels)
Belgium 367 contributions 78588 visits
Following the imposition of fines against coffee roasters in December 2009 totalling € 159.5 million for a cartel on the market supplying the food retail sector, coffee roasters have recently again been subject to the imposition of fines by the German Federal Cartel Office (“FCO”). According to a (...)

The Versailles Commercial Court rules on refusal by motor vehicle manufacturers to examine applications of dealers to be reappointed to their respective distribution networks (Nissan France)
Van Bael & Bellis (Brussels)
Belgium 149 contributions 44244 visits
In two separate judgments that were handed down in June 2010, the Commercial Court of Versailles and the Paris Court of Appeal awarded damages to former dealers of SA Nissan France (“Nissan”) and SA Groupe Volkswagen France (“VW”) respectively, whose dealership agreements were terminated by the (...)

The Danish Competition Appeals Tribunal upholds the Competition Authority’s decision prohibiting a TV Broadcaster’s business terms regarding the distribution of two TV channels (Viasat)
European Commission (Brussels)
Belgium 718 contributions 203402 visits
Denmark: The Danish Competition Appeals Tribunal upholds the Danish Competition Council’s decision prohibiting Viasat’s Business Terms regarding the Distribution of TV 3 and TV 3+ On 8 June 2010, the Danish Competition Appeals Tribunal (CAT) upheld the Danish Competition Council’s (DCC) decision (...)

The UK OFT publishes a survey research suggesting increased awareness of competition in the construction industry
University of East Anglia (Norwich)
United Kingdom 27 contributions 23047 visits
Article published on Centre for Competition Policy blog. Does a High Profile Cartel Investigation Reduce Bid-Rigging?* The OFT have published survey research suggesting greater awareness of competition laws in the construction industry following enforcement, but not the sea change we would (...)

The Bulgarian Competition Authority does not find cartel on the market for banking services (Association of Banks in Bulgaria)
University of Macau - Faculty of Law (Macau)
China 281 contributions 214864 visits
On 3 June 2010 the Bulgarian Competition Authority (CPC) finalized its investigation into the alleged existence of price coordination in the banking sector with the finding that the collected evidence did not allow to establish the existence of a cartel and that similarity in prices was (...)

Unilateral Practices

 The French Competition Authority grants interim measures regarding online advertising system (Navx / Google)
Simmons & Simmons (Paris)
France 26 contributions 54081 visits
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cxLoyalty Group (London)
Royaume-Uni 4 contributions 3074 visites
In a decision dated 30 June 2010, the French Competition Authority (the "Competition Authority") has considered that Google had implemented the content policy of its AdWords service in a way that lacked objectivity and transparency and resulted in a discriminatory treatment of speed camera (...)

The Italian Competition Authority imposes fine against construction market leader for abuse of dominant position in the plasterboard market (Saint-Gobain Italia)
European Commission (Brussels)
Belgium 718 contributions 203402 visits
Italy: Competition Authority (ICA) imposes Fine on Saint-Gobain PPC Italia S.P.A. in the Plasterboard Market In its meeting of 30 June 2010, the ICA ruled that Saint Gobain Ppc Italia S.p.A. (Bpb Italia) had engaged in abusive behaviour infringing national and EU competition rules in order to (...)

The French Competition Authority issues an interim decision opening an investigation to ascertain abuse of dominance by refusing to display advertising (Navx)
Ashurst (Milan)
United States 100 contributions 23072 visits
Google under investigation in France for alleged abuse in the online advertising market* On 30 June 2010, the French Competition Authority (“FCA”) issued an interim decision opening an investigation to ascertain whether Google abused its dominant position, as well as Navx’s state of economic (...)

A Slovak Regional Court confirms the Competition Authority’s decision holding as abusive a request of the gas transmission network operator to obtain ownership of the interconnection system build by a gas distribution company (Eustream)
Agency for the Cooperation of Energy Regulators (ACER) (Ljubljana)
Slovenia 7 contributions 3745 visits
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Valko Marián (Bratislava)
Slovakia 1 contribution 1694 visits
The rationale and argumentats adopted by the Slovak Antimonopoly Office (the "SVK AMO") in a case attracting attention of Slovak competition lawyers that concerned a dominant position has been recently upheld by a judgment. Factual background On 30 June 2010 the Regional Court in Bratislava (...)

The French Competition Authority imposes interim measures to ensure that a company providing advertising services, implements its content policy in an objective, transparent and non-discriminatory manner (Navx / Google - AdWords)
Stephenson Harwood (Paris)
6 contributions 9658 visites
Background On June, 30, 2010, following a complaint coupled with a request for interim measures lodged by Navx, the French National Competition Authority (thereafter “NCA”), by way of interim decision, ordered Google Ireland and Google Inc. (hereafter “Google”) to implement in an objective, (...)

The French Competition Authority orders interim measures and assesses commitments to remedy antitrust concerns of abuse of dominance in the online advertising market (Google)
Jones Day (Paris)
France 24 contributions 21096 visits
Google offers commitments to get off the radar screen* A case involving Google confirms that the French Competition Authority is keen on using a combination of interim measures and commitment proceedings in order help it quickly resolve maters which it perceives as competition issues. This may (...)

The French Competition Authority fines for the first time two companies for breaching their commitments undertaken under the settlement procedure (Neopost)
Norton Rose Fulbright (Paris)
France 6 contributions 14691 visits
On 30 June 2010, the French Competition Authority handed down its first decision whereby it imposed sanctions on two undertakings for having breached their commitments signed five years earlier, in the framework of the settlement procedure set forth under article L. 464-2 III of the French (...)

The US Federal Court of Justice denies an infringement of Art. 102 TFEU holding that offering the entry to a monopolized market only under the conditions set by the Federal Network Agency does not constitute abuse (GSM-Wandler)
Gleiss Lutz (Frankfurt)
Germany 8 contributions 1292 visits
In its judgement of 29 June 2010, the Federal Court of Justice (FCJ) reversed a judgement of the Higher Regional Court of Düsseldorf. The FCJ stated that an undertaking holding a market dominant position does generally not act abusively by offering the entry to a monopolized market under the (...)

The EU General Court reduces fines in soda ash case (Imperial Chemical Industries)
Van Bael & Bellis (Brussels)
Belgium 189 contributions 56782 visits
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Practising Law Institute (New York)
United States 92 contributions 27886 visits
On 25 June 2010, the General Court handed down its judgment in the long-running procedure concerning an alleged abuse of a dominant position by Imperial Chemical Industries Limited (“ICI”) on the market for soda ash. In its judgment, the General Court largely upheld the Commission’s findings, but (...)

The Italian Competition Authority initiates a new investigation against the national incumbent telecom operator to assess whether it abused of its dominant position on the telephone and broadband network sector (Wind Fastweb / Telecom Italia)
Bonelli Erede (Rome)
Italy 41 contributions 51580 visits
On 24 June 2010, the Italian Competition Authority (the “ICA”) decided to initiate new proceedings against Telecom Italia to assess whether the incumbent operator had abused its dominant position in the voice communications and broadband internet access services markets, with the aim of excluding (...)

The French Commercial Supreme Court validates the passing-on defence in a follow-on action based on the lysine cartel (Doux aliments / Ajinomoto Eurolyne)
DG COMP (Brussels)
Belgique 3 contributions 22177 visites
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Weil, Gotshal & Manges (Paris)
France 1 contribution 1626 visites
In a ruling dated 15 June 2010, the French Commercial Supreme Court validated the passing-on defence in a damages action. The Court stated that, in a damages case, the judge must assess whether the claimant has passed on to its own clients the overcharge resulting from an infringement. This (...)

The French Competition Authority issues an ex-officio opinion on crossed usage of client databases in the telecommunications sector
European Commission (Brussels)
Belgium 718 contributions 203402 visits
France: Autorité de la concurrence issues Ex-officio Opinion on Crossed Usage of Client Databases in the Telecommunication Sector On 14 June 2010, the Autorité de la concurrence delivered an opinion on the question of crossed usage of client databases (known as “cross selling” practices), and more (...)

The Hungarian Competition Authority accepts commitments to remedy a suspected abuse of dominant position concerning the pricing of mortgages vis-à-vis "captured consumers" (K&H Bank)
Baker McKenzie (Budapest)
Hungary 16 contributions 35574 visits
The Hungarian Competition Council adopted a commitment decision terminating an investigation relating to the suspected abuse of dominant position by one of the leading banks in Hungary offering personal banking services, including housing loans (mortgages). The investigation was triggered by (...)

The Düsseldorf Court of Appeals questions the German Competition’s Authority decision imposing the obligation to grant access to essential facilities in the ferry services in interim proceedings (Fährhafen Puttgarden II)
Heinz & Zagrosek (Köln)
Germany 21 contributions 11621 visits
The end of access to essential facilities in Germany in practice?* On June 10, 2010, the Düsseldorf Court of Appeals issued a decision that increased the hurdles for obtaining access to essential facilities in Germany in practice (see WuW/DE-R 2941 et seq.). The case concerns interim (...)

The Italian Supreme Administrative Court confirms a judgment of a regional court which reduces a fine imposed by the Competition Authority to an airport managing company for abuse of dominant position under art. 102 TFEU in the market of certain common and individual airport infrastructures (Società Esercizi Aeroportuali)
Luiss Guido Carli University (Rome)
Italy 9 contributions 6811 visits
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Economisti Associati (Bologna)
Italie 4 contributions 2981 visites
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Luiss Guido Carli University (Rome)
Italie 4 contributions 3125 visites
On the 22nd of September 2009 (case 9171/2009), the Regional Administrative Court (RAC) of Latium (Tribunale Amministrativo Regionale - TAR - del Lazio) partially upheld the appeal from SEA S.p.A. (SEA), the managing company of the airports of Milan Linate and Milan Malpensa, against a decision (...)

The Italian Supreme Administrative Court reforms a judgment of the First Instance and considers an airport managing company not responsible for an abuse of dominant position under art. 102 TFEU in the market for centralized airport infrastructures (SEA / Airport tariffs)
Luiss Guido Carli University (Rome)
Italy 6 contributions 6630 visits
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Economisti Associati (Bologna)
Italie 4 contributions 2981 visites
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Luiss Guido Carli University (Rome)
Italie 4 contributions 3125 visites
In September 2009, the Regional Administrative Court of Latium (Tribunale Amministrativo Regionale del Lazio) upheld the appeal from AIR ONE S.p.A., an Italian airline now merged with Alitalia, against a decision of the Italian Competition Authority (ICA) concerning the alleged abuse of (...)

A Chinese Intermediate People’s court dismisses antitrust claims for failing to prove abusive conduct in the termite prevention service market (HY / HT)
University of Melbourne
Australia 103 contributions 22209 visits
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China Competition Bulletin (Beijing)
China 101 contributions 19439 visits
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Institute of American Studies (Beijing)
China 53 contributions 11848 visits
Huzhou Yiting Termite Prevention Service Co., Ltd (HY) v Huzhou Termite Prevention Research Institute (HT) Pending in the Zhejiang Higher People’s Court* On 25 November 2009, HY filed a suit against HT in the Hangzhou Intermediate People’s Court, alleging that HT had abused its dominance in (...)

The Bulgarian Competition Authority fines an electricity supplier for exploitative abuse of dominant position (EVN Bulgaria Elektrorazpredelenie)
University of Macau - Faculty of Law (Macau)
China 281 contributions 214864 visits
On 3 June 2010 the Bulgarian Competition Authority (CPC) established that electricity supplier EVN Bulgaria Elektrorazpredelenie AD (EVN) committed an infringement of the national equivalent of Article 102(2)(d) TFEU. The CPC’s investigation was prompted by the complaint lodged by Yana AD (...)

The Spanish Supreme Court holds that the national High Court erred in law as regards the concept of dominance (Enagás / Gas Natural Comercializadora)
DG COMP (Brussels)
Belgium 5 contributions 2162 visits
On November 22, 2002, the National Energy Agency (Comisión Nacional de la Energía) sent a letter of complaint to the Service of Competition Defense (Servicio de Defensa de la Competencia) related to the contract signed on July 27, 2001 between Enagás, SA and Gas Natural Comercializadora, at that (...)

Mergers

 The UK Competition Authority considers that large shareholdings do not always mean the ability to influence policy (RREEF / Kelda)
Herbert Smith Freehills (London)
United Kingdom 6 contributions 1027 visits
Summary In taking this first stage decision the Office of Fair Trading (OFT) had to decide whether the acquisition of a minority stake in the parent of a water and sewerage company would engage compulsory merger reference requirements, because the parent company of the manager of the acquiring (...)

The French Competition Authority clears a merger in phase I without remedy in the electrical material wholesaling distribution sector (C3F - Sonepar France)
Fieldfisher (London)
Royaume-Uni 6 contributions 3775 visites
On the 29th June 2010 the French Competition Authority (“Autorité de la concurrence”) cleared the acquisition of exclusive control of the undertaking “C3F” by “Sonepar France” without attaching any further commitments. The notified operation, formalised by a protocol signed on the 26th March 2010, (...)

The European Commission refers the assessment of the acquisition of Romanian and Bulgarian daily consumers goods retailers by German retailer to the competition authorities of Bulgaria and Romania (Lidl/Plus Bulgaria/Plus Romania)
JG Associates (Brussels)
205 contributions 61038 visits
"Mergers: main developments between 1 May and 31 August 2010"* On 28 June the Commission referred the assessment of the acquisition of Plus Bulgaria and Plus Romania by the German retailer Lidl to the competition authorities of Bulgaria and Romania, at their request. Plus Romania and Plus (...)

The Austrian Cartel Court imposes fine for gun-jumping
Van Bael & Bellis (Brussels)
Belgium 226 contributions 62090 visits
According to a press release of the Austrian Competition Authority of 22 June 2010, the Austrian Cartel Court has imposed a fine of € 5,000 on a company belonging to an international group of companies that had put a concentration into effect without prior notification to the Austrian (...)

The UK OFT decides on material influence through meeting attendance and board membership (RREEF Pan-European Infrastructure Fund / Kelda Holdings)
Dechert (Brussels)
Belgique 3 contributions 858 visites
The Office of Fair Trading (OFT) decision in RREEF Pan-European Infrastructure Fund LP / Kelda Holdings Limited confirms that the OFT’s material influence assessment relies “on the facts not the legal form”. Infrastructure Saxon sarl (Saxon) increased its stake in Kelda Holdings (Kelda) to (...)

The EU Commission approves the creation of a joint venture between French incumbent railway operator and UK railways company (SNCF / LCR / Eurostar )
JG Associates (Brussels)
205 contributions 61038 visits
"Mergers: main developments between 1 May and 31 August 2010"* The Commission approved on 17 June the proposed creation of the ‘New Eurostar’ joint venture by the French incumbent railway operator SNCF and London Continental Railways (LCR) of the UK. SNCF provides rail passenger and freight (...)

The Swedish Competition Authority investigates a merger between to book wholesalers on specific grounds but decides to take no further action (Bonnierförlagen/Pocket Grossisten)
Vinge (Stockholm)
Sweden 18 contributions 17923 visits
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Cosmetics Europe (Brussels)
Belgium 9 contributions 1614 visits
Introduction Further to a complaint from a competitor in a case that did not fall within the Swedish merger control notification thresholds, the Swedish Competition Authority decided to request the submission of a notification based on a clause in the Competition Act according to which the (...)

The Greek Competition Authority conditionally clears service station merger (Motor Oil Hellas Corinth Refineries / Shell Hellas)
Van Bael & Bellis (Brussels)
Belgium 226 contributions 62090 visits
On 11 June 2010, the Greek Competition Authority conditionally cleared the acquisition of Shell Hellas by Motor Oil Hellas Corinth Refineries. The Competition Authority held that the transaction, as initially notified, would create or strengthen a dominant position on certain retail markets (...)

The European Commission partially approves a proposed acquisition of a company active in the production and sale of aggregates and refers part of the assessment to the French and Czech authorities (Eurovia/Tarmac)
JG Associates (Brussels)
205 contributions 61038 visits
"Mergers: main developments between 1 May and 31 August 2010"* On 10 June the Commission approved part of the proposed acquisition of the aggregates business of Tarmac, belonging to the UK-based Anglo American group, by Eurovia, belonging to the French Vinci group. The Commission found that (...)

The Japan Fair Trade Commission clears, subject to remedies, an acquisition in the analytical instruments markets (Agilent Technologies / Varian)
Japan Fair Trade Commission (Tokyo)
Japan 114 contributions 18402 visits
The Proposed Acquisition of Shares of Varian, Inc． by Agilent Technologies, Inc．* The Japan Fair Trade Commission (hereinafter “JFTC”) accepted a notification from Agilent Technologies,Inc. (based in the United States; hereinafter "Agilent") with regard to the acquisition of shares of Varian, Inc. (...)

The EU Court of Justice orders Commission to pay € 50,000 in damages for errors made in a merger control proceedings (Schneider Electric)
Van Bael & Bellis (Brussels)
Belgium 226 contributions 62090 visits
In a recently published order of 9 June 2010, the European Court of Justice set the amount of damages that the European Commission must pay to Schneider Electric SA. This order follows the European Court’s judgment of 16 July 2009 finding that, because of errors made by the Commission in the (...)

The Latvian Competition Council adopts a decision permitting a merger between the leading national meat processing companies (Rīgas Miesnieks / Jelgavas gaļas kombināts)
Konkurences padome (Riga)
Latvia 91 contributions 15110 visits
Binding Conditions Set on Merger of Meat Processing Companies* On 8 June 2010, the Latvian Competition Council (CC) adopted a decision permitting a merger between the leading meat processing companies in Latvia – JSC Rīgas Miesnieks and JSC Jelgavas gaļas kombināts. To ensure free choice for (...)

The German Federal Court confirms the dismissal of an appeal against a media merger prohibition (Axel Springer / ProSiebenSat.1 Media)
Rocket Internet SE (Berlin)
Germany 2 contributions 2598 visits
Decision In the ruling dated 8.6.2010 (KVR 4/09) the German Federal Supreme Court confirmed that the media merger between Axel Springer AG and broadcasting company ProSiebenSat.1 Media AG on in January 2006 by the German Competition Authority (Bundeskartellamt) would lead to increased (...)

The Latvian Competition Council adopts a decision permitting a merger between the leading national meat processing companies (Rīgas Miesnieks / Jelgavas gaļas kombināts)
Konkurences padome (Riga)
Latvia 91 contributions 15110 visits
Binding Conditions Set on Merger of Meat Processing Companies* On 8 June 2010, the Latvian Competition Council (CC) adopted a decision permitting a merger between the leading meat processing companies in Latvia – JSC Rīgas Miesnieks and JSC Jelgavas gaļas kombināts. To ensure free choice for (...)

The Latvian Competition Council allows merger decreasing competition in meat products market (Rīgas Miesnieks / Jelgavas gaļas kombināts)
Klavins Ellex (Latvia)
Lettonie 5 contributions 1616 visites
Introduction On 8 June 2010 the Competition Council conditionally cleared a merger, imposing certain behavioural remedies, between AS “Rīgas Miesnieks” (Rīgas Miesnieks) and AS “Jelgavas gaļas kombināts” (JGK), two companies involved in manufacturing and sales of meat products. Background Rīgas (...)

The French Competition Authority authorises the creation of a mutual insurance group company by three insurance companies (MACIF / MAIF / MATMUT)
French Competition Authority (Paris)
France 607 contributions 242134 visits
The Autorité de la concurrence authorises the pooling of certain activities of the MACIF, the MAIF and the MATMUT.* In its decision of 2 June 2010, the Autorité authorised the creation of a mutual insurance group company (French acronym SGAM) , called SFEREN, consisting of the MACIF, the MAIF (...)

State Aid

 The EU Commission authorises a € 550 million capital injection provided by Austria in favour of a bank and approves a new restructuring plan (BAWAG)
DG COMP (Brussels)
Belgium 98 contributions 32594 visits
"State aid: main developments between 1 May and 31 August 2010"* The Commission has authorised on 30 June 2010 a €550 million capital injection provided by Austria in favour of the BAWAG bank and approved a new restructuring plan of the bank13. In 2007 already, the Commission had approved a (...)

The EU Commission authorises aid for the restructuring of a Spanish financial institution (Caja Castilla-La Mancha)
DG COMP (Brussels)
Belgium 98 contributions 32594 visits
"State aid: main developments between 1 May and 31 August 2010"* On 29 June 2010 the Commission has authorised aid for the restructuring of Caja Castilla-La Mancha. The Commission’s investigation found that the orderly break-up of Caja Castilla-La Mancha, followed by the sale of the banking (...)

The EU Commission authorises aid that Latvia intends to grant by way of tender for the construction and operation of a 400 MW thermal power plant
DG COMP (Brussels)
Belgium 98 contributions 32594 visits
"State aid: main developments between 1 January and 30 April 2010"* The Commission has authorised aid that Latvia intends to grant by way of tender for the construction and operation of a 400 MW thermal power plant between 2015 and 2025. The aim of the measure is to ensure that future (...)

The EU Commission authorizes a measure adopted by Latvia to limit the adverse impact of the current financial crisis on exporting firms
DG COMP (Brussels)
Belgium 98 contributions 32594 visits
"State aid: main developments between 1 May and 31 August 2010"* The Commission has authorised on 10 June 2010 a measure adopted by Latvia to limit the adverse impact of the current financial crisis on exporting firms. The Commission found the measure to be in line with its Temporary (...)

The EU Commission authorizes € 16 M of regional investment aid notified by Italy in favor of car manufacturer for the production of car transmissions (Fiat Powertrain Technologies)
DG COMP (Brussels)
Belgium 98 contributions 32594 visits
"State aid: main developments between 1 May and 31 August 2010"* The Commission has authorised on 9 June 2010 €16 million of regional investment aid, which the Italian authorities intend to grant to Fiat Powertrain Technologies S.p.A. (FPT), a subsidiary of the Fiat Group, for the production of (...)

The EU Commission adopts a final negative decision concerning an aid granted by Hungary to the national oil and gas company (MOL)
DG COMP (Brussels)
Belgium 98 contributions 32594 visits
"State aid: main developments between 1 May and 31 August 2010"* On 9 June 2010 the Commission adopted a final negative decision concerning an aid granted by Hungary to the national oil and gas company MOL. In January 2009 the Commission had opened an in-depth investigation [1]. The measure (...)

Procedures

 The EU Court of Justice sets aside the first judgment of the General Court annulling a commitment decision and dismisses breaches of the principle of proportionality and due process standards by the Commission (Alrosa)
European Commission (Brussels)
Belgique 9 contributions 14169 visites
Alrosa, negotiated procedures and the procedural economy/due process conundrum – one step forward, three steps back?* Friends of the blogosphere: greetings! There was something refreshing in the judgment rendered in 2007 by the General Court (GC) in the Alrosa case (T-170/06). If somewhat (...)

The Finnish Competition Authority accepts commitments to improve access of independent repairers to access to the technical training programs for Mercedes-Benz vehicles (Veho)
European Commission (Brussels)
Belgium 718 contributions 203402 visits
Finland: Veho’s Commitments to improve Access of independent Repairers to Training made legally binding On 28 June 2010, Veho Group Oy Ab’s (Veho)’s commitments, which had been accepted by the Finnish Competition Authority (FCA) in its decision of 28 May 2010 in order to improve the independent (...)

The Austrian Supreme Court holds that records from competition proceedings cannot be withheld from the public prosecutor in a following criminal proceeding on the grounds of protecting trade secrets according to the Anti-Cartel Act (Elevator cartel)
Salzburg University
Austria 3 contributions 1890 visits
Background: Following on from the elevator cartel case («Aufzugskartell»), in which the involved undertakings were fined 25 million Euros for breaching Art 81 ECT (Art 101 TFEU), the public prosecutor («Staatsanwaltschaft Wien») brought proceedings against a number of involved persons pursuant to (...)

The Paris Court of Appeal defines and applies a demanding standard of proof for justification of dawn raids targeting press groups (Amaury)
Jones Day (Paris)
France 24 contributions 21096 visits
Dawn raids vs. the freedom of the press* Relying on what seems to be unprecedented reasoning, the President of the Paris Court of Appeals has quashed a judicial order authorizing a dawn raid against several companies belonging to Amaury, a French news group that publishes mainly sports (...)

The Finnish Government presents a new competition law act to the Finnish Parliament
Court of First Instance of Namur (Namur)
Belgium 224 contributions 40368 visits
On 11 June 2010, a Government bill outlining the new Competition Act was presented to the Finnish Parliament. The content of the bill essentially follows the proposal from the working group that was put before the Government in January 2009. The proposed amendments aim to bring the Finnish (...)

The highest appellate court rejected the Turkish Competition Authority’s view on the appropriate amount of penalty for obstructing on-site investigations (Sodexho/Accor/Network)
King’s College (London)
Royaume-Uni 3 contributions 1659 visites
The Turkish Competition Law includes two separate articles regulating two separate sanctions related to ‘hindering or complicating’on-site investigations. The wording of the law does not give any clear indication on whether there is a distinction between the scope of these two provisions. In (...)

The EU General Court imposes a high burden on the Commission to refuse access to its confidential records (Editions Odile Jacob)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 48 contributions 20695 visits
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 54 contributions 39501 visits
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 20 contributions 10651 visits
…
On June 9, 2010, the EU’s General Court (Court) issued its judgment on an appeal by Editions Odile Jacob (EOJ) against a decision by the European Commission (the Commission) refusing to disclose certain documents relating to the Commission’s review under the EC Merger Regulation of the (...)

The EU General Court overturns Commission’s refusal to grant third party access to documents in merger control case file (Editions Odile Jacob)
Van Bael & Bellis (Brussels)
Belgium 226 contributions 62090 visits
In a judgment of 9 June 2010, the General Court annulled a decision by the European Commission refusing to disclose to Editions Odile Jacob certain documents of the Commission’s Lagardère/Natexis/VUPmerger proceedings case file. In the Lagardère/Natexis/VUPdecision of January 2004, the Commission (...)

The EU Commission publishes its 2009 annual report on competition policy
Court of First Instance of Namur (Namur)
Belgium 224 contributions 40368 visits
On 3 June 2010, the European Commission published its 2009 annual report on competition policy. This yearly report gives an overview of the main developments in EU competition policy and major enforcement actions. The 2009 report also dedicates a chapter to considering how the tools of (...)

The Paris Court of Appeal applies the EU "harmless error rule" in a commitment procedure where a party has been denied full access to the French Competition Authority’s file (Canal 9)
Jones Day (Paris)
France 24 contributions 21096 visits
The harmless error rule and the French commitment procedure* Merely one month before the ECJ delivered its very expected judgment in the Alrosa case, a ruling of the Paris Court of Appeals confirmed that the exercise of the rights of the defense in commitment procedures raises delicate issues (...)

Regulatory

 A Dutch Court of Appeal holds that national legislation on the unbundling of energy network operators infringes the rules on free movement of capital (Delta, Eneco and Essent)
European Commission - DG HR (Brussels)
47 contributions 201658 visits
,
European Court of Justice (Luxembourg)
Luxembourg 23 contributions 86333 visits
Essent, Delta, and Eneco are three vertically integrated energy companies active in the production, trade and distribution of electricity and gas. They supply end-consumers through their own electricity and gas networks. Each group’s networks are managed by separate network operators, (...)

The German Federal Cartel Office concludes that there is no need to prohibit long-term gas supply contracts anymore
European Commission (Brussels)
Belgium 718 contributions 203402 visits
Germany: Positive Development in the Gas Distribution Sector - No Need to prohibit Long-Term Gas Supply Contracts in Germany anymore On 15 June 2010, the Bundeskartellamt has published a report on the evaluation of its decisions on long-term gas supply contracts. In several decisions (...)

The UK Energy Regulator minds to impose £2 million revenue penalty on an electric distribution network operator (EDF Energy Networks)
Jacobs (Glasgow)
United Kingdom 18 contributions 24676 visits
Energy regulator Ofgem is consulting on imposing a £2 million revenue penalty on EDF Energy Networks following an independent audit into the company’s handling of a power cut in the Dartford area of London last year. The incident affected 94,000 customers, many for more than 24 hours. Background (...)

The West African Competition Authority finds that Senegal infringes the regional competition law by taking actions that foreclose its national market to competition from Ivory Coast raising issues related to the integration process in West Africa (Norme NS-072)
Max Planck Institute for Innovation and Competition (Munich)
Allemagne 4 contributions 3111 visites
1 Introduction and background on WAEMU This contribution reports on a case decided by the Competition Commission of the West African Economic and Monetary Union (WAEMU). The decision, Norme NS-72, raises issues at the cross-road of trade, regional integration and competition law. WAEMU is a (...)

The UK Energy Regulator announces that an electricity producer makes payments of £200,000 to two consumer organisations following investigation (EDF Energy/Money Advice Trust - Citizens Advice)
Jacobs (Glasgow)
United Kingdom 18 contributions 24676 visits
EDF Energy has made payments of £200,000 to the Money Advice Trust and to a Citizens Advice led scheme after a finding by the energy regulator, Ofgem, that the company had breached new regulations setting standards for handling customer complaints. Background The regulator brought in new rules (...)

The OECD holds a roundtable on standard setting
OECD - Competition Division (Paris)
France 290 contributions 810620 visits
Standard setting yields substantial benefits to consumers and often promotes competition to benefit consumers. Nonetheless, at times, standard setting can give rise to potential consumer harms. By bringing together different players in an industry, the standard setting process provides an (...)

The OECD holds a roundtable on competition and credit rating agencies
OECD - Competition Division (Paris)
France 290 contributions 810620 visits
Credit ratings provide an opinion on the relative ability and willingness of parties with debt obligations to meet financial commitments. They have three functions; to measure the credit risk of the issuer, to provide a means of comparison and to provide a common standard. The credit rating (...)

The OECD holds a roundtable on exit strategies
OECD - Competition Division (Paris)
France 290 contributions 810620 visits
Considering the discussion at the roundtable and the delegates written submissions, and taking into account the hearing on Competition and Credit Rating Agencies, several key points emerge: (1) The financial crisis was a result of inadequate regulation and credit rating, not inadequate (...)

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