June 2011

Anticompetitive practices

 The Paris Appeal Court confirms fines imposed by the French Competition Authority in telecommunication cases (Mobile Phone Cartel)
European Commission (Brussels)
Belgium 718 contributions 203365 visits
France: The Paris Appeal Court upholds Fines imposed by the French Competition Authority in Telecommunications Case* On 30 June 2011, the Paris Court of Appeal upheld the fine that had been imposed by the French Competition Authority in the mobile telephony sector. This ruling follows a (...)

The Paris Court of Appeal confirms the decision of the French Competition Authority in the mobile telephony case by adopting the same arguments without clarification regarding the new requirement of proof of harm to the economy (Orange France)
Université Paris XI (Sceaux)
France 2 contributions 856 visits
The ruling by the Paris Court of Appeal of 30 June 2011 in connection with decision N° 05-D-65 (hereinafter Decision) of the Competition Council (which has now become the Competition Authority) opens new perspectives for thinking about certain issues such as (i) the criteria for sanctions in (...)

The Spanish Competition Authority closes with commitments proceedings initiated against two companies for alleged restrictive practices in the printed advertising sector (Vocento / Godό)
Callol, Coca & Asociados (Madrid)
Spain 126 contributions 35789 visits
On 30 June 2011 the NCC has decided to close a formal proceeding opened ex officio against Corporación Vocento S.A.U. and Vocento, S.A. (VOCENTO) and Publipress Media, S.L.U. and Grupo Godó de Comunicaciones S.A. (GODÓ) for possible restrictive practices under Article 1 SCA. The practices (...)

The Spanish Competition Authority agrees to the termination, subject to commitments, of the proceedings against several television companies for anticompetitive agreements concerning advertising slots (Antena 3 Televisión / Veo Televisión / The Walt Disney Company Iberia)
Mediaset (Madrid)
1 contribution 180 visites
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Ashurst (Madrid)
Belgium 3 contributions 300 visits
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Allen & Overy (Madrid)
Espagne 3 contributions 709 visites
On June 30, 2011, the Spanish Competition Commission (Comisión Nacional de la Competencia or “CNC”) agreed to the termination, subject to commitments, of the sanctioning proceedings initiated against several broadcast television companies for adopting horizontal agreements relating to sales and (...)

The EU General Court hears an appeal from Spanish service station associations against a Commission’s decision (CEES / AGES)
Van Bael & Bellis (Brussels)
Belgium 149 contributions 44185 visits
CEES (Confederación Española de Estaciones de Servicio) and AGES (Asociación de Gestores de Estaciones de Servicio), two associations representing 45 percent of Spanish service stations, are reported to have recently lodged an appeal with the General Court against a Commission decision which (...)

The German Supreme Court holds that indirect purchasers have standing to sue for antitrust damages but defendants may invoke passing-on defense (Carbonless Paper Cartel)
Jones Day (Dusseldorf)
Germany 14 contributions 4276 visits
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Linklaters (Frankfurt)
Allemagne 1 contribution 510 visites
The German Federal Civil Court (BGH) has held that both direct and indirect purchasers may sue for antitrust damages, but defendants may raise the passing-on defense. Through the passing-on defense, defendants try to demonstrate that plaintiffs suffered no financial harm, as they passed on the (...)

The German Supreme Court rules on damage claims by indirect purchasers and the passing-on defence in a cartel case (Carbonless Paper Cartel)
Allen & Overy (Hamburg)
Germany 7 contributions 17792 visits
On November 24, 2011 the German Federal High Court (Bundesgerichtshof) published its decision in the ORWI case. The claimant, a German savings bank, brought a claim for damages against a carbonless paper manufacturer, that were ceded to him by ORWI, a manufacturer of pre-printed forms. Claimant (...)

The German Supreme Court upholds that members of a cartel can defend themselves against a claim for damages by raising the passing-on defense onto a downstream market (Carbonless Paper Cartel)
McDermott Will & Emery (Paris)
France 109 contributions 49236 visits
SUPREME COURT ALLOWS THE PASSING-ON DEFENSE IN ANTITRUST DAMAGES ACTIONS * The German Supreme Court, in a landmark ruling handed down on 28 June 2011, has held that members of a cartel are able to defend themselves against a claim for damages by raising the defense that the relevant applicants (...)

The Moldovan Court of Appeals quashes the infringement decision of the Competition Authority on concerted practices in the market for retail trade in oil derivatives on the basis of lack of evidence (Petrom-Moldova)
University of Macau - Faculty of Law (Macau)
China 281 contributions 214828 visits
On 24 June 2011 the Chisinău Court of Appeals (the CAC) quashed the infringement decision of the Moldovan Competition Authority (ANPC) establishing the existence of concerted practices on the market for retail trade in oil derivatives. The CAC held that the ANPC failed to present sufficient (...)

The Spanish Competition Authority fines undertakings involved in the fluid pumps cartel (Spanish association of fluid pump manufacturers)
European Commission (Brussels)
Belgium 718 contributions 203365 visits
Spain: The CNC fines Undertakings involved in the Fluid Pumps Cartel* In its Resolution of 24 June 2011, the CNC Council decided that it was established that several undertakings active in the fluid pumps sector and the Spanish Association of Fluid Pump Manufacturers (AEFBF) had participated (...)

The Spanish Competition Authority imposes fines totalling € 18 M on 19 Spanish manufacturers and distributors of fluid pumps (Bombas de Fluidos)
Van Bael & Bellis (Brussels)
Belgium 367 contributions 78556 visits
On 28 June 2011, the Spanish Competition Authority (“CNC”) announced that it had fined the Spanish Association of Fluid Pump Manufacturers (Asociación Española de Fabricantes de Bombas de Fluidos –“AEFBF”) and 19 manufacturers and/or distributors of fluid pumps a total of € 18 million for engaging in (...)

The New York Southern District Court holds that enforcement of a Minimum Advertised Price (MAP) policy against Internet retailers does not amount to minimum resale price maintenance (Worldhomecenter.com / Franke Consumer Products)
Pepper Hamilton (Philadelphia)
États-Unis 2 contributions 425 visites
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Pepper Hamilton (Philadelphia)
États-Unis 1 contribution 302 visites
Courts May Try to Harmonize Federal and State Law on the Legality of Resale Price Maintenance* Ever since the United States Supreme Court ruled in Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 877 (2007), that resale price maintenance (i.e., agreements to set minimum resale (...)

The Portuguese Competition Authority imposes a € 9865 fine on 7 regional driving schools for anti-competitive agreements on prices after a 3-year investigation (Driving school cartel)
Sérvulo (Lisbon)
Portugal 18 contributions 25211 visits
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European Court of Justice (Luxembourg)
Luxembourg 2 contributions 1135 visites
On June 17, 2011, the Portuguese Competition Authority (PCA) announced, through Press Release 6/2011 that it has imposed fines totalling € 9.8 thousand on seven driving schools operating in the Autonomous Region of Madeira (ARM) – more specifically, in the capital Funchal – which it has found had (...)

The EU General Court partially annuls the Commission’s decision and reduces fines in a cartel case concerning the Dutch beer market (Netherlands Beer)
White & Case (Brussels)
Belgium 46 contributions 45298 visits
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White & Case (Brussels)
Belgique 41 contributions 29177 visites
By its decision of 18 April 2007, the Commission imposed fines totalling approximately EUR 270 million on several Dutch brewers, including Heineken NV and its subsidiary Heineken Nederland BV, and Bavaria NV, for their participation in a cartel on the Dutch beer market between 27 February 1996 (...)

The EU General Court holds for the first time that the Commission erred in relying on the presumption that a parent company is liable for the anticompetitive conduct of its wholly-owned subsidiary (Hydrogen Peroxide)
White & Case (Brussels)
Belgium 46 contributions 45298 visits
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White & Case (Brussels)
Belgique 41 contributions 29177 visites
By its decision of 3 May 2006, the Commission imposed fines totalling over EUR 388 million on a number of companies for their participation in a cartel on the market for hydrogen peroxide and sodium perborate (bleaching agents) between 31 January 1994 and 31 December 2000. Among the companies (...)

The EU General Court partially annuls the Commission’s decision and reduces fines in a cartel case concerning the international removal services market in Belgium (Gosselin / Verhuizingen Coppens)
White & Case (Brussels)
Belgium 46 contributions 45298 visits
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White & Case (Brussels)
Belgique 41 contributions 29177 visites
By its decision of 11 March 2008, the Commission imposed fines totalling over EUR 32 million on ten companies for their participation in a cartel on the international removal services market in Belgium between October 1984 and September 2003. In particular, the Commission imposed fines of EUR (...)

The EU General Court reduces fines in Dutch beer cartel case finding that the Commission did not prove all infringements and that the duration of the procedure was excessive (Bavaria)
Google (London)
Royaume-Uni 3 contributions 1215 visites
The Dutch Beer Cases: The Value of Whistleblower Statements and the Cutback of Fines in Case of Unreasonably Long Commission Investigations* The General Court has rendered a series of judgments in the Dutch Beer Cartel case that involve a number of legal issues, including in Grolsch v. (...)

The EU General Court reduces fines in the Dutch beer cartel case finding that the Commission did not prove all infringements had been committed and that the duration of the procedure was excessive (Heineken)
Google (London)
Royaume-Uni 3 contributions 1215 visites
The Dutch Beer Cases: The Value of Whistleblower Statements and the Cutback of Fines in Case of Unreasonably Long Commission Investigations* The General Court has rendered a series of judgments in the Dutch Beer Cartel case that involve a number of legal issues, including in Grolsch v. (...)

The Italian Competition Authority detects and punishes a cartel between a trade association and 20 trucking companies that haul freight to or from Italy aimed at fixing the size and form of price increases applied to their customers (International logistics)
DG COMP (Brussels)
Belgium 10 contributions 5284 visits
The Italian Competition Authority (hereinafter “AGCM”) has fined a trade association and 20 trucking companies that haul freight to or from Italy a total of € 76.447.677 for operating a single and complex price-fixing cartel having as its object the restriction of competition for at least five (...)

The Italian Antitrust Authority concludes an investigation triggered by a leniency application concerning a cartel in the freight forwarding market (Freight-forwarding agents cartel case)
European Commission (Brussels)
Belgium 718 contributions 203365 visits
Italy: Fines imposed in Freight-Forwarding Agents Cartel Case* On 15 June 2011, the ICA concluded an investigation triggered by a leniency application concerning a cartel in the freight forwarding market. The ICA ascertained that the main market players had coordinated their commercial (...)

The Competition Authority of Bosnia & Herzegovina addresses anti-competitive regulations on the taxi market of one of the cantons (Ministry of Transport of the Sarajevo Canton and Assembly of the Sarajevo Canton)
University of Macau - Faculty of Law (Macau)
China 281 contributions 214828 visits
On 14 June 2011 the Competition Authority of Bosnia & Herzegovina (KV) established that the Assembly of Sarajevo canton and the Ministry of Transport of Sarajevo canton by adopting a series of sector-specific regulations have restricted competition on the market for taxi services on the (...)

The U.S. Court of Appeals in Philadelphia precludes tying claims brought by a hospital, upholding the direct-purchaser rule under the Illinois Brick doctrine (Warren General Hospital / Amgen)
Wolters Kluwer (Riverwoods)
United States 78 contributions 36804 visits
Illinois Brick Direct-Purchaser Rule Precludes Tying Claims by Hospital* The U.S. Court of Appeals in Philadelphia earlier this week reaffirmed the “bright-line” rule limiting federal antitrust standing to direct purchasers. The court upheld dismissal (CCH 2010-1 Trade Cases ¶77,043) of an (...)

The EU Court of Justice issues a preliminary ruling on disclosure of leniency documents to third parties heightening concerns about encouraging private enforcement (Pfleiderer)
University of East Anglia (Norwich)
United Kingdom 27 contributions 23033 visits
ECJ Ruling in Pfleiderer Heightens Concerns about Encouraging Private Enforcement* The European Court of Justice (ECJ) has ruled that EU Law does not prohibit access to leniency documents by third parties seeking damages. Access should be determined according to national law, which must weigh (...)

The EU Court of Justice issues preliminary ruling holding that national courts need to balance on a case-by-case basis the interest of preserving the effectiveness of leniency programs and that of facilitating private enforcement by third parties (Pfleiderer)
Winston & Strawn (London)
United Kingdom 6 contributions 3767 visits
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Ashurst (Frankfurt)
Germany 8 contributions 2099 visits
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 14 June 2011, the European Court of Justice (ECJ) handed down a key judgment regarding the interplay between national leniency programmes and the right of (...)

The Spanish National Court applies the ECJ "dual pricing" ruling to quash a decision by the Competition Authority concerning prices imposed to wholesalers by pharmaceutical company (Pfizer)
Bona Law (San Diego)
United States 7 contributions 4552 visits
The Spanish National Court has applied the landmark ECJ dual pricing ruling to quash a decision by the Spanish Competition Commission dismissing a complaint against Pfizer’s pricing policy for pharmaceutical products. On 13 June 2011, the Spanish National Court («Audiencia Nacional« or «the (...)

The Serbian Competition Authority adopts the guidelines on detection of bid rigging in public procurement
University of Macau - Faculty of Law (Macau)
China 281 contributions 214828 visits
On 9 June 2011 the Serbian Competition Authority (KZK) adopted the Guidelines on detection of bid rigging in public procurement. The Guidelines were modeled after the 2009 OECD Guidelines for fighting bid rigging in public procurement, which were designed to reduce the risks of bid rigging (...)

The Court of Rotterdam decides former employees cannot invoke the right to remain silent
European Commission (Brussels)
Belgium 718 contributions 203365 visits
The Netherlands: The Court of Rotterdam decides former Employees Cannot invoke the Right to remain silent* On 9 June 2011, the Court of Rotterdam (the Court) ruled that the appeals lodged by the former employees of two undertakings against the decisions of the Netherlands Competition Authority (...)

A US Court of Appeals affirms the dismissal of a consumer class action challenging the television programming industry’s practice of exclusively offering multi-channel cable packages (Brantley / NBC Universal)
Sheppard Mullin (San Francisco)
United States 13 contributions 2635 visits
Ninth Circuit Rejects Consumer Antitrust Challenge To Cable Television Bundling* The Ninth Circuit recently affirmed the dismissal of a consumer class action challenging the television programming industry’s practice of exclusively offering multi-channel cable packages. Brantley v. NBC (...)

The Moldovan Competition Authority finds bid rigging practices in purchases of anti-diabetic medicines (Medicines Agencies)
University of Macau - Faculty of Law (Macau)
China 281 contributions 214828 visits
On 9 June 2011 the Moldovan Competition Authority (ANPC) established the existence of bid rigging practices at the public tenders organized by the Medicines Agency (AMED) for the purchase of anti-diabetic medicines. In Moldova the purchase of pharmaceuticals for the needs of public hospitals (...)

The EU General Court dismisses an appeal of parent companies for their participation in a cartel in the methacrylates sector but reduces the fines on their subsidiaries (Total / Elf Aquitaine)
General Court of the European Union (Luxembourg)
Luxembourg 18 contributions 3905 visits
The General Court reduces the fine imposed on Arkema and its subsidiaries for their participation in a cartel in the methacrylates sector from €219.1 million to €113.3 million* However, the Court upholds the fines imposed on the parent companies Total and Elf Aquitaine By decision of 31 May (...)

The EU General Court reduces fines imposed on a cartelist and its subsidiaries in the methacrylates sector (Arkema France)
Jones Day (Paris)
France 24 contributions 21088 visits
Unlimited jurisdiction: the end of a misnomer?* The past decade has seen a flurry of articles published trying to make sense of the degree of control that the EU Courts exercise on complex economic reasoning. By contrast, much less has been written about the Courts’ unlimited jurisdiction on (...)

The Portuguese Competition Authority fines industrial cleaning firms for anti-competitive bid-rigging and information exchange (Conforlimpa - Multiserviços and Number One - MultiServices)
Sérvulo (Lisbon)
Portugal 18 contributions 25211 visits
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European Court of Justice (Luxembourg)
Luxembourg 2 contributions 1135 visites
On June 2, 2011, the Portuguese Competition Authority (PCA) announced, through its Press Release Nr. 5/2011, that it has imposed fines totalling EUR 316.3 thousand on two industrial cleaning firms in Portugal which it has found had colluded on cleaning services contracts. The PCA has concluded (...)

The Lithuanian Supreme Administrative Court issues a final judgement against an association of undertakings for implementing collective boycott practices (Lithuanian Cynological Society)
Max Planck Institute for Innovation and Competition (Munich)
Germany 18 contributions 3624 visits
On 1 June 2011 the Supreme Administrative Court of Lithuania decided that the Lithuanian Cynological Society (hereafter: “the LCS”) had infringed Article 5 of the Law on Competition (a national provision equivalent to Article 101 TFEU) by having forbidden its members to sell puppies with the (...)

Unilateral Practices

 The Helsinki Court of Appeals dismisses the appeal of the Finnish composers’ copyright society to annul a decision founding it has abused its dominant position on the market of licensing copyrights (Teosto)
European Commission (Brussels)
Belgium 718 contributions 203365 visits
Finland: Copyright Management Organization abused its Dominant Position* On 30 June 2011, the Helsinki Court of Appeals dismissed the appeal of the Finnish Composers’ Copyright Society (Teosto) to annul a district court decision where Teosto was found to have abused its dominant position on the (...)

The Italian Competition Authority fines a producer for abuse of its dominant position in the plant health products market (Sapec Agro / Bayer-Helm)
Giannino SI (Monserrato)
Italy 140 contributions 120368 visits
Introduction By the Sapec Agro/Bayer-Helm decision the Italian Competition Authority has fined € 5.124.359,00 Bayer Cropscience AG (BCS) and its Italian subsidiary Bayer Cropscience Srl for abuse of dominant position in the market for the production and commercialization of fosetyl-based (...)

The Italian Competition Authority fines the refusal to share with competitors information essential for the renewal of marketing authorisation (Bayer Cropscience)
European Commission (Brussels)
Belgium 718 contributions 203365 visits
Italy: The ICA fines Refusal to share with Competitors Information essential for Renewal of Marketing Authorisation* On 28 June 2011, the Italian Competition Authority (ICA) sanctioned Bayer Cropscience S.r.l. together with Bayer Cropscience AG for a violation of Article 102 TFEU and imposed a (...)

The Austrian Supreme Court of Justice brings a preliminary ruling before the ECJ on the application of Article 102 TFEU to the Austrian commercial register (Compass)
Saxinger Chalupsky & Partners (Brussels)
Belgique 4 contributions 2485 visites
The Compass group (“Compass”), a private provider of business information, runs a database of all Austrian businesses registered in the Austrian commercial register, for which end users have to pay. Besides the information available in the Austrian commercial register, which is run by the (...)

The Lithuanian Supreme Administrative Court reduces fines for resale price maintenance of DVD films (DVD films distributors)
Valiunas Ellex (Vilnius)
Lituanie 11 contributions 16277 visites
The DVD films distributors case is one of only a few Lithuanian precedents on prohibited vertical agreements, i.e. resale price maintenance. The judgment of the Supreme Administrative Court of Lithuania (hereinafter – the Supreme Administrative Court) in the case No A-444-1433/2011 is the first (...)

The US FTC opens an in-depth investigation for alleged antitrust violations in the online search market (Google)
David A. Balto (Washington)
United States 1 contribution 1350 visits
Internet Search Competition: Where’s the Beef?* On [24] June 2011, Google announced that the FTC had opened an investigation of its search practices. This is an issue I have given considerable thought to. In an article I just released—Internet Search Competition: Where’s the Beef?—I explain (...)

The Drammen District Court dismisses a counter-claim against a subsidiary of the incumbent railway operator for abusing its dominant position (CargoNet / CargoLink)
Kluge (Oslo)
5 contributions 6982 visits
In a judgment handed down on 24 June 2011, the Drammen District Court dismissed a counter-claim entered by railway operator CargoLink AS (Cargolink) against fellow operator CargoNet AS (CargoNet). Cargolink alleged that it had suffered economic losses as a result of CargoNet‘s abuse of (...)

The Japan Fair Trade Commission issues a cease and desist order to a chain of supermarkets for abuse of superior bargaining position (Sanyo Marunaka)
Van Bael & Bellis (Brussels)
Belgique 1 contribution 244 visites
Facts and procedure of the case Sanyo Marunaka is a powerful retail chain of supermarkets called ‘Marunaka’ active in several areas including Okayama prefecture and Osaka city in Japan. It has developed approximately 73 retail shops and its annual turnover is marked as over Yen 120 billion (...)

The EU Commission imposes on telecoms operator a fine of € 127 000 000 for abusing its dominant position (Telekomunikacja Polska)
European Commission (Brussels)
Belgium 718 contributions 203365 visits
European Commission fines Telekomunikacja Polska S.A. € 127 000 000 for Abuse of Dominant Position* On 22 June 2011, the European Commission (the Commission) imposed on telecoms operator Telekomunikacja Polska S.A. (TP) a fine of € 127 000 000 for abusing its dominant position in the Polish (...)

The Supreme Court of Norway renders its first judgment interpreting Section 11 of the Norwegian Competition Act which forbids the abuse of a dominant position <em(Tine)
Kluge (Oslo)
5 contributions 6982 visits
On 22 June 2011, the Norwegian Supreme Court rendered its first ever judgment interpreting Section 11 of the Norwegian Competition Act which forbids the abuse of a dominant position, a provision akin to Article 102 TFEU. The judgement ultimately vindicates dairy producer Tine AS («Tine«) for (...)

The EU Commission imposes on Polish telecoms operator a fine of €127.5 million for refusing to supply wholesale broadband products to alternative operators (Telekomunikacja Polska)
DG COMP (Brussels)
Belgique 2 contributions 2197 visites
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DG COMP (Brussels)
Belgique 1 contribution 245 visites
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DG COMP (Brussels)
Belgique 1 contribution 245 visites
"Telekomunikacja Polska Decision: competition law enforcement in regulated markets"* 1. Introduction On 22 June 2011 the Commission imposed on telecoms operator Telekomunikacja Polska S.A. (TP) a fine of € 127.5 million for refusing to supply wholesale broadband products to alternative (...)

The US DoJ and FTC conduct simultaneous independent antitrust investigations in the online search market (Google / Admeld)
Womble Bond Dickinson (Washington)
United States 10 contributions 2494 visits
Google Investigation* After months of a rumors about government action against Google, there are reports that government agencies are begining to take action. On June 24, the Wall Street Journal reported that the FTC is primed to serve subpoenas on the internet giant. A July 19, 2011 (...)

The US District Court for the District of Maryland dismisses the antitrust counterclaims alleging monopolisation on the market for maintenance of printers while allowing the tortious interference claims to continue (Océ North America / MCS)
Sheppard Mullin (Los Angeles)
United States 46 contributions 6212 visits
Aftermarket Monopolization Claims Dismissed as Afterthought* Plaintiff Océ North America, Inc. ("Océ") brought an action against a service market supplier for copyright infringement. Defendant MCS Services, Inc. ("MCS") filed a Kodak-style "aftermarket" monopolization counterclaim, in addition (...)

A local branch of the Chinese SAIC applies for the first time the anti-monopoly law against a local government for abuse of administrative powers (Heyuan municipal government)
Lni avocats (Paris)
France 12 contributions 49086 visites
It has been reported that on June 12, 2011, the Guangdong Provincial administration for industry and commerce ("Guangdong AIC") requested the local Guangdong provincial government to correct the abusive conduct of a municipal government which had, by various measures, restricted the competition (...)

The Japan Fair Trade Commission issues a cease and desist order against a company providing social networking service for mobile (DeNA)
Japan Fair Trade Commission (Tokyo)
Japan 114 contributions 18396 visits
Cease and Desist Order against DeNA Co．, Ltd* The Japan Fair Trade Commission (JFTC) has investigated DeNA Co.,Ltd. (DeNA) in accordance with the provisions of the Antimonopoly Act (AMA) and found it to be in violation of Article 19 of the AMA (falling within Paragraph 14 [Interference with a (...)

The Swedish Market Court prohibits the national postal operator’s rebate system and made its decision subject to the penalty of a fine of SEK 100 million (Bring CityMail Sweden / Posten Meddelande)
Vinge (Stockholm)
Sweden 18 contributions 17922 visits
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Cosmetics Europe (Brussels)
Belgium 9 contributions 1614 visits
Introduction The claimant, Bring CityMail Sweden AB (“CityMail”) brought a claim against the Swedish Post (“Posten”), arguing that the discounts offered by Posten to its clients had foreclosure effects. The Market Court placed the burden of proof on Posten to prove that the discount programme was (...)

The Swedish Market Court finds that national postal operator abused its dominant position in the market for bulk mail deliveries (Bring CityMail Sweden / Posten Meddelande)
Stockholm University
Sweden 5 contributions 7970 visits
In a ruling of 8 June 2011, the Swedish Market Court prohibits the national postal operator Posten from applying a worksharing discount system on certain bulk mail deliveries. The discount system is found to have foreclosing effects, and its application constitutes an abuse of Posten‘s dominant (...)

The Danish Competition Authority completes a competition analysis of the grocery market (Danish Grocery Market))
European Commission (Brussels)
Belgium 718 contributions 203365 visits
Denmark: Analysis of Danish Grocery Market* In June 2011, the Danish Competition and Consumer Authority (DCCA) completed a competition analysis of the Danish Grocery market. The objective of this exercise was to study the competition among the retailers and the suppliers in the Danish grocery (...)

Mergers

 The Hungarian Competition Authority holds that outsourcing agreements shall be notified as change of control over a business unit, contrary to the European Commission’s practice that qualifies it as service contract (HP / E.ON)
Philip Morris (Budapest)
Hongrie 11 contributions 6583 visites
1. Introduction On 30 June 2011, the Hungarian Competition Office (HCO) cleared an outsourcing agreement concluded between Hewlett-Packard GmbH (HP) and E.ON IT GmbH (E.ON IT) (together the Parties) in a Phase I merger procedure. The HCO concluded that the outsourcing of the previously (...)

The French Competition Authority clears, subject to conditions, a merger in the fuel and LPG distribution sector in the French West Indies and Guyana (Rubis / Chevron)
French Competition Authority (Paris)
France 607 contributions 241510 visits
The Autorité de la concurrence clears under conditions the acquisition by Rubis Group of sole control of Chevron (Texaco)’s activities in the French West Indies and Guyana*. The Autorité de la concurrence has examined the Rubis Group’s takeover of Société Antillaise des Pétroles Chevron. The French (...)

The Canadian Competition Bureau seeks to unwind proposed airline joint venture (Air Canada / United Continental)
Commonwealth Secretariat (London)
United Kingdom 33 contributions 14271 visits
Introduction Canada’s Competition Bureau (the "Bureau"), an independent law enforcement agency that assists the Commissioner of Competition (the "Commissioner") in the administration and enforcement of the Competition Act (the "Act"), wants to ground Air Canada. The Bureau announced on 27 June (...)

The Canadian Competition Bureau challenges proposed airline joint venture (Air Canada and United Continental)
Commonwealth Secretariat (London)
United Kingdom 33 contributions 14271 visits
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Canadian International Joint Commission (Ottawa)
France 5 contributions 1219 visites
Gavin Murphy, barrister and solicitor, Ottawa, Canada. The author serves on the editorial advisory boards of the Commonwealth Law Bulletin and the Journal of Parliamentary and Political Law. Shane Zurbrigg is a second year law student at the University of Ottawa. The views expressed in this (...)

The Chinese MOFCOM publishes provisional rules on the investigation of concentrations of business operators without legal filing
AnJie Law (Beijing)
Chine 34 contributions 10376 visites
Can companies avoid filing concentrations?* When a merger, acquisition or joint venture is connected to the Chinese market and is treated as a concentration under China’s Anti-monopoly Law, a company’s first question to its lawyer is likely to be whether the transaction must be filed with the (...)

The Chinese MOFCOM publishes draft rules on investigation procedures regarding failure to notify on concentrations
King & Wood Mallesons (Beijing)
Chine 36 contributions 18760 visites
MOFCOM publishes draft rules on investigation procedures re failure to notify on concentrations* Pursuant to the Anti-Monopoly Law, transactions which are construed as "concentrations" (i.e. mergers, acquisitions and joint ventures) and which meet with specified turnover thresholds ; must be (...)

The Romanian Competition Authority clears a healthcare merger subject to structural divestitures and behavioural commitments (Fresenius / Renamed)
University of Macau - Faculty of Law (Macau)
China 281 contributions 214828 visits
On 20 June 2011 the Romanian Competition Authority (CC) has cleared a healthcare merger subject to certain structural divestitures and behavioural commitments. The subject concentration was notified by SC Fresenius Nephrocare Romania SRL (Fresenius), which set out to acquire sole control over (...)

The US DoJ issues the new policy guide to merger remedies
Akin Gump Strauss Hauer & Feld (Washington)
United States 5 contributions 2849 visits
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2 contributions 1774 visits
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Bona Law (New York)
États-Unis 3 contributions 2465 visites
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Summary On Friday, June 17, 2011, the U.S. Department of Justice released the Antitrust Division’s Policy Guide to Merger Remedies. The Guide describes the (...)

The European Commission refers the assessment of a proposed acquisition to the German NCA in the market for the provision of free‑TV services to housing associations (Kabel Baden‑Württemberg/Liberty Global)
JG Associates (Brussels)
205 contributions 61017 visites
"Merger: main developments between 1 May and 31 August 2011"* The European Commission refers the assessment of a proposed acquisition to the German competition authority in the market for the provision of free‑TV services to housing associations (Kabel Baden‑Württemberg / Liberty Global) On 17 (...)

The French Competition Authority clears, subject to conditions, a merger on the retail sale of household appliances and consumer electronics sector (HTM / Saturn)
French Competition Authority (Paris)
France 607 contributions 241510 visits
The Autorité de la concurrence clears, subject to conditions, the acquisition of French Saturn stores’ sole control by HTM (Boulanger stores)*. The Autorité de la concurrence has investigated the takeover by High Tech Multicanal Group (hereafter HTM) of Media Concorde SNC. Both companies are (...)

The EU Commission announces the withdrawal of a merger notification between the two leading suppliers of household insecticides (SC Johnson / Sara Lee)
Van Bael & Bellis (Brussels)
Belgium 226 contributions 62061 visits
On 8 June 2011, the European Commission announced that the notification of the proposed acquisition by SC Johnson & Son Inc of the household insect control business of Sara Lee Corporation had been withdrawn. The proposed transaction had been notified to the Commission on 3 November 2010. (...)

The Chinese MOFCOM issues draft rules on merger assessment inviting public comments
University of Melbourne
Australie 103 contributions 22199 visites
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China Competition Bulletin (Beijing)
Chine 101 contributions 19431 visites
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Institute of American Studies (Beijing)
Chine 53 contributions 11846 visites
MOFCOM Invited Comments on the Interim Provisions on the Assessment of Competitive Effects of Concentrations of Undertakings* The MOFCOM issued the draft Interim Provisions on the Assessment of Competitive Effects of Concentrations of Undertakings (Merger Assessment Rules) on 3 June 2011 and (...)

The Chinese MOFCOM clears with behavioral remedies a merger between Russian companies in the Chinese potash market (Uralkali / Silvinit)
University Paris II Panthéon‑Assas
France 2 contributions 2220 visites
I. Context and key facts of the case China is one of the world’s largest users of potash, which is used as fertilizer to grow grains. In 2010, China consumed 10M tons of potash, 28 per cent of the 36M tons produced globally. Its potassium-poor soils are vital to supply China’s growing demand for (...)

The Chinese MOFCOM conditionally clears in phase II a merger between two Russian companies in the Chinese potash market (Urakali / Silvinit)
King & Wood Mallesons (Beijing)
Chine 36 contributions 18760 visites
The Russian Potash Deal - first conditional clearance of 2011* On June 2, 2011, Ministry of Commerce (MOFCOM) publicly announced the first conditional merger clearance in 2011. At its [2011] No. 33 Announcement, MOFCOM cleared Uralkali’s proposed acquisition of Silvinit (the Parties) (both (...)

The Chinese MOFCOM conditionally approves merger between two Russian undertakings in the Chinese potash industry (Uralkali / Silvinit)
Linklaters (Beijing)
Chine 17 contributions 7588 visites
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Linklaters (Shanghai)
China 8 contributions 1992 visits
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Euclid Law (London)
Royaume-Uni 16 contributions 4347 visites
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On 2 June 2011, under two months into Phase 2, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) publicly announced its decision approving the merger of Uralkali with Silvinit, leading to the creation of the world’s second largest potassium chloride supplier, subject to several (...)

The Chinese MOFCOM conditionally clears merger between two Russian companies in the Chinese potash market (Uralkali / Silvinit)
University of Melbourne
Australie 103 contributions 22199 visites
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China Competition Bulletin (Beijing)
Chine 101 contributions 19431 visites
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Institute of American Studies (Beijing)
Chine 53 contributions 11846 visites
MOFCOM Conditionally Approves the Acquisition of Silvinit by Uralkali* On 2 June 2011, the MOFCOM conditionally approved Uralkali’s proposed US$1.4 billion acquisition of Silvinit, both of which are Russian potash companies. The MOFCOM imposed a set of behavioural remedies. The MOFCOM accepted (...)

The Chinese MOFCOM approves merger between potash producers but requires they continue to supply the Chinese market (Uralkali / Silvinit)
Jones Day (Beijing)
Chine 41 contributions 19872 visites
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Gibson Dunn (Hong Kong)
Hong Kong 24 contributions 10586 visites
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Jones Day (Beijing)
Chine 34 contributions 17792 visites
On June 2, 2011, the Chinese Ministry of Commerce (MOFCOM) announced conditional approval of the merger between Russian potash producers Silvinit and Uralkali. Since the PRC Anti-Monopoly Law ("AML") entered into force in 2008, MOFCOM has published only eight decisions, as it makes public only (...)

The Competition Commission of India publishes regulations narrowing the application of the new Competition Act regarding merger provisions
White & Case (Washington)
États-Unis 17 contributions 11680 visites
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White & Case (Washington)
United States 27 contributions 17570 visits
On June 1st 2011, the merger control provisions of the Indian Competition Act 2002 will finally enter into force. If you are contemplating M&A activity with binding agreements being signed as of tomorrow, you will need to carefully consider this new merger control regime. The Competition (...)

The Indian Competition Commission publishes reforms in merger control regime
Cyril Amarchand Mangaldas (Mumbai)
1 contribution 70 visites
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Trilegal (Mumbai)
India 5 contributions 724 visits
Recent Developments in Merger Control in India* Introduction India’s highly anticipated merger control regime (Sections 5 and 6 of the Competition Act, 2002 (“Act”) and the accompanying Competition Commission of India (Procedure in regard to the transaction of business relating to (...)

The European Commission clears under conditions the creation of a joint venture between two chemical companies (BASF/Ineos Styrene)
JG Associates (Brussels)
205 contributions 61017 visites
"Merger: main developments between 1 May and 31 August 2011"* On 1 June 2011 the European Commission cleared under the EU Merger Regulation the creation of a joint venture combining the existing styrene monomer, polystyrene and acrylonitrile‑butadiene‑styrene (ABS) businesses of INEOS of (...)

The OECD holds a roundtable on impact evaluation of merger decisions
OECD - Competition Division (Paris)
France 290 contributions 808730 visits
Executive summary, by the Secretariat Considering the discussion at the roundtable as well as the delegates’ and panellists’ written submissions, several key points emerge: (1) Ex post evaluations of merger decisions can help to assess whether the conclusions in a specific merger decision were (...)

The OECD holds a roundtable on remedies in merger cases
OECD - Competition Division (Paris)
France 290 contributions 808730 visits
Executive summary, by the Secretariat From the issues paper and the discussion at the roundtable on remedies in merger cases, the following points emerge: (1) Competition agencies use remedies in merger cases to eliminate any competitive harm that may result as a consequence of a merger. (...)

State Aid

 The EU Commission clears a joint restructuring plan for two Irish banks (Anglo Irish Bank / Irish Nationwide Building Society)
Law & Economics LAB (Rome)
Italie 20 contributions 2902 visites
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DG COMP (Brussels)
Belgique 63 contributions 6010 visites
"State aid: main developments between 1 May and 31  August 2011"* On 29 June 2011, the Commission cleared a joint plan for Anglo Irish Bank (Anglo) and Irish Nationwide Building Society (INBS) whereby they will be merged and resolved over a period of 10 years. The two Irish financial (...)

The EU Commission concludes that the unlimited State guarantee granted to a French research body constitutes compatible State aid as long as its economic activities are conducted solely on an ancillary basis and connected with its main activity (Institut Français du Pétrole)
Law & Economics LAB (Rome)
Italie 20 contributions 2902 visites
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DG COMP (Brussels)
Belgique 63 contributions 6010 visites
"State aid: main developments between 1 May and 31  August 2011"* By decision of 29 June 2011 the Commission concluded that the unlimited State guarantee granted to the Institut Français du Pétrole Énergies Nouvelles (IFP) constitutes compatible State aid as long as the IFP’s economic (...)

The EU Commission approves the joint restructuring of two Irish banks (Anglo Irish Bank / Irish Nationwide Building Society)
De Nederlandsche Bank (DNB)
Pays-Bas 2 contributions 979 visites
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DG COMP (Brussels)
Belgique 5 contributions 1558 visites
"The Resolution of Anglo Irish Bank and Irish Nationwide Building Society"* 1. Introduction Of the banks that have received State aid during the financial crisis, few have received as much aid relative to their risk‑weighted assets as Anglo Irish Bank (Anglo) and Irish Nationwide Building (...)

The EU Commission authorizes a plan by Germany to exempt selected groups of passengers to and from seven German islands from a newly‑created tax on air transport (Juist / Norderney)
Law & Economics LAB (Rome)
Italie 20 contributions 2902 visites
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DG COMP (Brussels)
Belgique 63 contributions 6010 visites
"State aid: main developments between 1 May and 31  August 2011"* On 29 June 2011, the Commission authorised a plan by Germany to exempt selected groups of passengers to and from seven German islands (Juist, Norderney, Helgoland, Baltrum, Langeoog, Wangerooge, Borkum) from a newly‑created (...)

The Danish Competition Authority finds that a municipality granted an unlawful aid to a national football club but failed to order repayment because the aid was granted before the relevant State aid provisions (Farum Park)
Honoré & Fallesen (Copenhagen)
Danemark 24 contributions 35928 visites
On 22 June 2011 the Danish Competition Council issued a decision dealing with the question whether a Danish municipality (municipality of Furesø) had rented a Center for Sport and Culture to a local football club (FC Nordsjaelland) to a price below market price, leading to a grant of unlawful (...)

The Danish Competition Authority orders full recovery of unlawful aid according to section 11a of the Competition Act after the case was referred for reconsideration by the Competition Appeals Tribunal (The Kastrup Marina Case)
Honoré & Fallesen (Copenhagen)
Danemark 24 contributions 35928 visites
By its second decision of 22 June 2011 in the Kastrup Marina Case the Danish Competition Council has for the first time ever ordered full recovery of unlawful and incompatible aid under Section 11a in the Danish Competition Act (corresponding to Article 107 of the EUF Treaty). The first (...)

The EU Commission opens a public consultation on state aid to film sector
Van Bael & Bellis (Brussels)
Belgium 134 contributions 24427 visits
The European Commission has opened a public consultation into state aid funding in the film sector. The consultation constitutes the first step in the review of the 2001 Cinema Communication laying down the current state aid rules on cinematographic and other audiovisual works which will expire (...)

The EU Court of Justice upholds the General Court’s decision addressing the issue of the admissibility of action in state aid cases under the Plaumann test (Comitato Venezia vuole vivere)
European Commission - Legal Service (Brussels)
Belgique 1 contribution 727 visites
Death in Venice: The end of a Commission’s locus standi theory in State aid cases?* Following my previous post, I would like to briefly refer to another interesting battlefield within the State aid area: the locus standi of the beneficiaries of aid schemes (think, for instance, of tax (...)

The EU Commission grants a temporary approval to Danish support for the liquidation of a bank which was declared bankrupt (Amagerbanken)
Law & Economics LAB (Rome)
Italie 20 contributions 2902 visites
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DG COMP (Brussels)
Belgique 63 contributions 6010 visites
"State aid: main developments between 1 May and 31  August 2011"* On 6 June 2011 the Commission granted temporary Approval to Danish support for the liquidation of Amagerbanken, which was declared bankrupt in February 2011. The aid is limited to what is necessary to facilitate an orderly (...)

The EU Commission clears Danish support for the liquidation of a bank, as it provides for an orderly wind‑up of the bank and foresees sufficient safeguards to limit distortion of competition (Eik Bank)
Law & Economics LAB (Rome)
Italie 20 contributions 2902 visites
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DG COMP (Brussels)
Belgique 63 contributions 6010 visites
"State aid: main developments between 1 May and 31  August 2011"* On 6 June 2011 the Commission cleared Danish support for the liquidation of Eik Bank, as it provides for an orderly wind‑up of the bank and foresees sufficient safeguards to limit distortion of competition. The bank, until 2010 (...)

Procedures

 The Luxembourg Parliament enacts the 2011 Competition Act
NautaDutilh (Luxembourg)
Luxembourg 23 contributions 75725 visites
1. On 30 June 2011, the Luxembourg Parliament (chambre des députés) has adopted a new Competition Act (loi relative à la concurrence). It is not excluded that it will have to pass a second vote round in Parliament but this is considered to be a formality. It will enter into force four months (...)

The Spanish competition commission adopts report on decree on access to legal profession (Access to legal profession)
European Commission (Brussels)
Belgium 718 contributions 203365 visits
Spain: The Comisión Nacional de la Competencia (CNC) adopts Report on Royal Decree on Access to Legal Profession* On 29 June 2011, the CNC published its report on the Royal Decree 775/2011 of 3 June 2011 (Royal Decree) developing the principles set out in Act 34/2006 of 30 October 2006 (...)

The UK Competition Authority issues revised guidance on how businesses can achieve compliance with competition law
Monckton Chambers (London)
Royaume-Uni 17 contributions 33415 visites
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Linklaters (London)
Royaume-Uni 15 contributions 15582 visites
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UK Competition Appeal Tribunal (London)
United Kingdom 7 contributions 793 visits
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On 27 June 2011, the OFT published guidance on how it will assess the extent of an individual director’s responsibility for infringements of competition law. Where a company has breached competition law, the OFT can apply to court seeking a competition disqualification order (“CDO”) against an (...)

The UK Competition Authority publishes new guidance for businesses and directors setting a standard for promoting competition law compliance
University of East Anglia (Norwich)
United Kingdom 27 contributions 23033 visits
Article published on Centre for Competition Policy blog. OFT Sets the Standard for Promoting Competition Law Compliance* The UK’s Office of Fair Trading should be applauded for making concerted efforts to promote competition law compliance. Today they published new guidance for businesses and (...)

The UK Competition Authority gives guidance for businesses and directors on competition law compliance
Allen & Overy (London)
Royaume-Uni 3 contributions 8191 visites
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Allen & Overy (London)
Royaume-Uni 1 contribution 155 visites
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The OFT has published a package of materials aimed at helping companies establish a culture of compliance with UK competition law, and considering the specific (...)

The Tokyo District Court awards damages to the Japanese State in a bid-rigging case concerning the supply of jet fuel (Kosumo Sekiyu)
University of Tokyo
Japan 9 contributions 4408 visits
I. Introduction In a judgment of 27 June 2011, the Tokyo District Court ordered nine oil companies to pay a total of 8.4 billion yen (104 million dollars at the time) to the Japanese State in restitution. The oil companies had violated the Japanese Antimonopoly Act by engaging in bid-rigging (...)

The UK Competition Authority publishes guidance to help company directors understand their responsibilities under competition law
Monckton Chambers (London)
Royaume-Uni 17 contributions 33415 visites
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Linklaters (London)
Royaume-Uni 15 contributions 15582 visites
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UK Competition Appeal Tribunal (London)
United Kingdom 7 contributions 793 visits
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On 27 June 2011, the OFT published guidance on how it will assess the extent of an individual director’s responsibility for infringements of competition law. Where a company has breached competition law, the OFT can apply to court seeking a competition disqualification order (“CDO”) against an (...)

The US DoJ assistant Attorney General announces closer antitrust cooperation between the US and Chinese enforcement agencies
McDermott Will & Emery (Brussels)
Belgique 2 contributions 563 visites
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McDermott Will & Emery (Washington)
États-Unis 6 contributions 1334 visites
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 24, 2011, Assistant Attorney General Christine Varney announced that the U.S. antitrust enforcement agencies will be signing a cooperation agreement with (...)

The US Supreme Court reverses class action certification raising hurdles for antitrust collective redress cases (Wal-Mart Stores / Dukes)
6 contributions 1622 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 1 contribution 323 visites
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
États-Unis 11 contributions 3249 visites
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This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 20, 2011, in Wal-Mart Stores, Inc. v. Dukes, the United States Supreme Court handed down its decision holding that discrimination claims on behalf of up (...)

The US Supreme Court holds that a claim for monetary relief shall not be certified under Federal Class Actions Rule, if it is not secondary to obtaining an injunction or declaration (Wal-Mart Stores / Dukes)
Sheppard Mullin (Los Angeles)
United States 8 contributions 704 visits
Wal-Mart v. Dukes: Implications For Antitrust Class Actions* On June 20, 2011, the United States Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, No. 10-277, holding that 1.5 million female Wal-Mart employees around the nation could not bring discrimination claims under Title VII of the (...)

The EU Commission launches a public consultation on a draft guidance paper on quantifying harm in actions for damages based on breaches of the EU antitrust rules (Antitrust harm in civil cases)
European Commission (Brussels)
Belgium 718 contributions 203365 visits
European Commission: Public Consultation on a draft Guidance Paper on quantifying Antitrust Harm in civil Cases* On 17 June 2011, DG Competition launched a public consultation on a draft Guidance Paper on “quantifying harm in actions for damages based on breaches of Article 101 or 102 TFEU” (...)

The French Criminal Supreme Court takes side in favour of the admissibility of the appeal by the Rapporteur général of the Competition Authority in a case concerning emails seizure (Orange)
Université Paris XI (Sceaux)
France 2 contributions 856 visits
House searches carried out by the French competition authority (“Autorité de la concurrence”), a shared prerogative since 2009 with the Ministry of Finance & Economy (“DGCCRF”), are in principle governed by the Code of Criminal procedure. Furthermore, it has been held by the Supreme Court in (...)

The EU Court of Justice acknowledges the need to weigh the different interests at stake when granting access to documents containing leniency applications in the context of civil claims for damages, in line with US courts (Pfleiderer)
Callol, Coca & Asociados (Madrid)
Spain 126 contributions 35789 visits
The European Court of Justice has issued a Judgement (Decision of 14 June 2011, Pfleiderer, Case C-360/09) on a preliminary ruling from a national court, on a key matter regarding antitrust damages claims. The situation encountered by the national court, in essence, referred to a petition by a (...)

The EU Court of Justice rules that EU law does not exempt leniency documents lodged with national competition agencies from requests for disclosure in private actions (Pfleiderer)
Morgan Lewis (London)
United Kingdom 28 contributions 14084 visits
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Squire Patton Boggs (London)
Royaume-Uni 11 contributions 4696 visites
On 14 June 2011, the European Court of Justice ("ECJ") ruled that EU law does not exempt leniency documents lodged with national competition agencies ("NCAs") from requests for disclosure in private actions. In a reference for preliminary ruling from a German court, Pfleiderer v (...)

The EU Commission publishes its annual report on competition policy for 2010
Court of First Instance of Namur (Namur)
Belgium 224 contributions 40343 visits
On 10 June 2011, the Commission published its annual Report on Competition Policy for 2010. To celebrate the 40th anniversary of these reports, the 2010 edition begins with an overview of the major developments of competition policy and enforcement over the past 40 years. The Commission shows (...)

The Chinese State Council approves the official establishment of the Office of the State Council Anti-Monopoly Commission under the MOFCOM
University of Melbourne
Australie 103 contributions 22199 visites
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China Competition Bulletin (Beijing)
Chine 101 contributions 19431 visites
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Institute of American Studies (Beijing)
Chine 53 contributions 11846 visites
On 9 June 2011, the MOFCOM announced that the State Council had formally approved the official establishment of the Office of the State Council Anti-Monopoly Commission (AMC Office) under the MOFCOM. Mr. Yao Jian, spokesperson for the MOFCOM, said that the AMC Office has been situated within (...)

The Belgium Supreme Court rules on the exact scope of the "full jurisdiction" of the Brussels Court of Appeal in competition cases (Honda)
Sheppard, Mullin, Richter & Hampton (Brussels)
Belgium 349 contributions 645746 visits
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D’Ieteren Auto (Brussels)
Belgique 1 contribution 625 visites
1. Background Complaints and decision of the Belgian Competition Council Further to complaints lodged by twelve independent distributors of motorcycles before the Belgian Competition Council, five official importers of motorcycles (Honda, Suzuki, Ducati, Yamaha and Kawasaki) were condemned (...)

Regulatory

 The French Competition Authority welcomes social tariff for broadband internet access
European Commission (Brussels)
Belgium 718 contributions 203365 visits
France: The Autorité de la concurrence welcomes social Tariff for broadband Internet Access* Pursuant to a request of the French Minister of Economy, the French Competition Authority, Autorité de la concurrence (the Autorité), issued on 29 June 2011 an opinion on a bill on the implementation of a (...)

The UK OFT launches new guidance to help businesses to comply with competition law (New competition law compliance materials)
European Commission (Brussels)
Belgium 718 contributions 203365 visits
United Kingdom: The Office of Fair Trading (OFT) publishes new Competition Law Compliance Materials* On 27 June 2011, the OFT launched new guidance to help businesses comply with competition law. This coincides with the publication of the results of research showing business awareness of (...)

The French Competition Authority issues an opinion on the wholesale broadband market in the Antilles
French Competition Authority (Paris)
France 607 contributions 241510 visits
Press Release published on the official website of the French Competition Authority. Concerned by the state of competition on the wholesale broadband Internet market in the French West Indies, the Autorité de la concurrence supports the project of the French Telecommunications and Posts (...)

The Swedish Market Court orders the incumbent postal operator to discontinue applying its sorting discount programme subject to a penalty payment (Bring CityMail Sweden / Posten Meddelande)
European Commission (Brussels)
Belgium 718 contributions 203365 visits
Sweden: Private Enforcement in Postal Sector On 6 June 2011, the Swedish Market Court (the Court) ordered Posten AB (Posten) to discontinue applying its sorting discount programme subject to a penalty payment of SEK 100 000 000 (€ 9 160 000). The case came before the Court as a private (...)

The Bulgarian Commission for the Protection of Competition proposes amendments to existing legislation regulating provision of textbooks free of charge
European Commission (Brussels)
Belgium 718 contributions 203365 visits
Bulgaria: The Commission for the Protection of Competition (CPC) proposes Amendments to existing Legislation regulating Provision of Textbooks free of Charge* On 2 June 2011, the Commission on Protection of Competition (CPC) adopted an opinion on the Ordinance No. 5/2003 on the evaluation and (...)

The OECD holds a roundtable on promoting compliance with competition law
OECD - Competition Division (Paris)
France 290 contributions 808730 visits
Over the past 20 years, courts and competition authorities have imposed fines and, in some jurisdictions, imprisonment with sharply increasing severity, yet there does not seem to be solid evidence that anti-competitive conduct – particularly cartel conduct – is declining in response. Then again, (...)

The OECD holds a roundtable on competition in ports and port services
OECD - Competition Division (Paris)
France 290 contributions 808730 visits
Ports, whether maritime, inland or river ports, are important pieces of infrastructure that serve a wide range of customers including freight shippers, ferry operators and private boats. One of the main functions of ports is facilitating the domestic and international trade of goods, often on a (...)

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