June 2019

General antitrust

 The German Competition Authority publishes an annual report for 2018 and a biannual activity report for 2017/2018
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46553 visits
On 27 June 2019, the German Federal Cartel Office (“FCO”) published its annual report 2018 and biannual activity report 2017/2018. The reports include statistics on the total amounts of fines, leniency applications and merger pro-ceedings, describe the FCO’s policies and the key cases which (...)

The UK Government alongside other European jurisdictions implements the directive on preventive restructuring frameworks
Ashurst (London)
Royaume-Uni 1 contribution 228 visites
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Ashurst (London)
Royaume-Uni 1 contribution 228 visites
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Ashurst (London)
Royaume-Uni 1 contribution 228 visites
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When the European Directive on preventive restructuring frameworks was published by the EU on 26 June 2019, there was excitement within the insolvency community that the EU might finally have taken its first step towards harmonisation of substantive insolvency law across Europe, which was (...)

The UK Government announces the strengthening of the powers of competition watchdogs to fine businesses who broke consumer law
Ashurst (London)
Royaume-Uni 1 contribution 156 visites
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ADNOC Group (Abu Dhabi)
Royaume-Uni 29 contributions 5356 visites
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Ashurst (London)
Royaume-Uni 1 contribution 156 visites
On 18 June 2019, the UK government published a press release announcing ’tough new powers for the competition watchdog to fine businesses directly who have broken consumer law’. This follows a request from Lord Tyrie, Chair of the Competition and Markets Authority (’CMA’), for enhanced powers (...)

FTC Publishes Annual MMA Report and Updated Filing Procedures
White & Case (Washington)
États-Unis 9 contributions 3637 visites
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White & Case (Washington)
États-Unis 11 contributions 1634 visites
On May 23, 2019, the Federal Trade Commission (FTC) published its annual report on pharmaceutical patent settlements filed with the FTC under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA), followed a week later by a retrospective analysis of the thirteen MMA (...)

The OECD holds a roundtable on the publicly funded education markets
OECD - Competition Division (Paris)
France 313 contributions 1366886 visites
Education services are fundamental for economic and social well-being. They not only directly boost public sector productivity, but also the productivity of workers across the economy by improving their skills, increasing their capacity to add value, and giving them the ability to adapt to new (...)

The Greek Supreme Administrative Court examines the issue of limitation periods for competition law violations and the notion of ’reasonable time’ (Intrasoft International)
Kyriakides Georgopoulos (Athens)
Grèce 61 contributions 2238 visites
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Kyriakides Georgopoulos (Athens)
Grèce 4 contributions 108 visites
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Kyriakides Georgopoulos (Athens)
Grèce 28 contributions 915 visites
In its much expected decision 582/2019, the Greek Supreme Administrative Court (Conseil d’ Etat), examined once more the issue of limitation periods for competition law violations and the notion of ‘reasonable time’ within which the Hellenic Competition Commission (‘HCC’) can bring cases (...)

Anticompetitive practices

 The Brazilian Competition Authority confirms the five-year statute of limitations for uniform conduct in the gas stations sector (Gas stations cartel)
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
1 contribution 346 visites
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Brasilia)
Brésil 1 contribution 346 visites
Confirming the recent understanding adopted in the ruling of the Trains Cartel, CADE’s Tribunal unanimously acknowledged, at the judgment session on June 30, the five-year statute of limitations for the conduct of influence of uniform conduct. The new orientation was confirmed in an (...)

The Catalan Competition Authority fines a professional association in the fish and seafood market for the coordination of the sales conditions on its members regarding the sales made to fish retailers (Mayoristas Mercado Central de Pescado)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46105 visites
Under the constitutionally decentralized administrative law system in Spain, some Spanish regions have assumed competition enforcement powers regarding conduct which scope is limited to their respective territories. The Catalan Competition Authority (ACCO) has declared that the Association of (...)

The Shanghai Intellectual Property Court holds that fictitiously increasing the number of views of videos is an act of false propaganda (Feiyi / IQiYi)
Beijing Foreign Studies University
Chine 1 contribution 257 visites
From the perspective of anti-unfair competition law, Feiyi Company fictitiously increased the video visits of IQiYi’s website by technical means - the first case of inflating traffic on video websites in China. In recent years, the excessive pursuit of traffic in the Internet industry has (...)

The EU Commission imposes fine of €28 million on a Japanese imaging and optical products company for gun-jumping (Canon / Toshiba Medical Systems)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46105 visites
On 12 August 2016 Canon notified the European Commission (EC) the acquisition of Toshiba Medical Systems Corporation (TMSC), a subsidiary of Japan’s Toshiba. The EC authorized the transaction on 19 September 2016. The acquisition was structured with a view to dodging the associated merger (...)

The Canadian Competition Authority announces that ticket vendors will pay $4 million in penalties to settle drip pricing advertising case (Ticketmaster)
Steve Szentesi Law Corporation (Vancouver)
France 55 contributions 14420 visites
TICKETMASTER ENTITIES AGREE TO $4 MILLION PENALTY TO SETTLE DRIP PRICING ADVERTISING CASE On June 27, 2019, the Competition Bureau (Bureau) announced that Ticketmaster L.L.C., TNow Entertainment Group, Inc. and Ticketmaster Canada LP have agreed to pay a $4 million penalty and $500,000 of (...)

The Lithuanian Competition Authority fines competitors for tender allocation (Pasvalio melioracija / Jadrana / Panevėžio melioracija / Biržų ranga)
ESG Legal (Vilnius)
Lituanie 13 contributions 8212 visites
On 26 of June 2019, the Competition Council of the Republic of Lithuania issued a decision finding that four competitors shared markets and agreed on prices in 25 public tenders for street and road repair and land melioration works organized by three municipalities in Lithuania from 2012 to (...)

The Indian Competition Authority finds that an association of medicine dealers has collected charges that are illegal under national competition law (Jalgaon District Medicine Dealers Association)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18382 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20406 visits
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 19307 visites
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In a case against the Jalgaon District Medicine Dealers Association (Association), [1] the CCI found that the Association had collected Product Information Service (PIS) charges from manufacturers of pharmaceutical products. The CCI found that payment of the PIS charges was mandatory and, (...)

The Lithuanian Competition Council concludes an investigation into public tenders on street and road repair and land melioration works by establishing the presence of bid-rigging cartel activity (Pasvalio melioracija / Jadrana / Panevėžio melioracija / Biržų ranga)
Lithuanian Competition Authority (Vilnius)
Lituanie 104 contributions 20078 visites
COMPETITORS RECEIVE FINES FOR SHARING TENDER ALLOCATION* Konkurencijos taryba found that companies Pasvalio melioracija, Jadrana, Panevėžio melioracija and Biržų ranga concluded a bid-rigging cartel: cartelists colluded their actions and bids, including bid price, and agreed in advance on (...)

The Chilean Competition Court rules that two consumer defence organisations lack standing to claim damages against poultry cartelists because the claim is already being litigated (Conadecus / Fojjuc / Agrosuper / Empresas Aríztía / Agrícola Don Pollo)
Chile Court of Defense of Free Competition
2 contributions 55 visites
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Prieto y Cia
Chili 3 contributions 66 visites
Brief summary of facts On 25 September 2014, the Competition Court ruled in favour of the claim filed by the National Economic Prosecutor’s Office (FNE) against the defendant companies. This judgment was confirmed by the Supreme Court on 29 October 2015, for having colluded by agreeing to (...)

The French Competition Authority fines a Bureau of bailiffs for setting discriminatory conditions to join the bureau (GIE Notimo)
Autorité de la concurrence (Paris)
France 739 contributions 394052 visites
Bailiffs* The Autorité de la concurrence fines the Bureau Commun de Signification of bailiffs from the département Hauts-de-Seine for anticompetitive agreement. Background The Autorité issues today a decision sanctioning the Bureau commun de signification of Hauts-de-Seine (joint bureau (...)

The French Competition Authority fines a network and a chamber of notaries for anticompetitive agreement (GIE Notimo)
Autorité de la concurrence (Paris)
France 739 contributions 394052 visites
Estate negotiation/notaries* The Autorité de la concurrence fines GIE Notimo and the chambre interdépartementale des notaires de Franche-Comté for anticompetitive practices. Background The law of 6 August 2015, socalled "Macron law" which has reformed regulated professions in order to (...)

The Chinese Supreme Court rules that Chinese antitrust authorities do not have to prove the anti-competitive effects of companies’ resale price maintenance conduct (Hainan Yutai Technology Feed)
Hogan Lovells Fidelity (Shanghai)
3 contributions 417 visites
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Hogan Lovells (Beijing)
China 81 contributions 19717 visits
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Hogan Lovells (Beijing)
Chine 4 contributions 1005 visites
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NEITHER FISH NOR FOWL – CHINA’S SUPREME COURT PROPOSES NEW FRAMEWORK FOR RESALE PRICE MAINTENANCE* In the last week of June 2019, a copy of a ground-breaking court ruling emerged on social media in China – the order by the Supreme People’s Court (SPC) in the case between Yutai Technology (...)

The Rotterdam District Court annuls a fine imposed by the Dutch Competition Authority on a manufacturer of batteries for forklift trucks for its involvement in a cartel (Midac)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92245 visits
On 20 June 2019, the Rotterdam District Court (“Court”) annulled a fine of € 583,000 imposed by the Dutch Authority for Consumers and Markets (“Autoriteit Consument & Markt” or “ACM”) on Midac, a manufacturer of batteries for forklift trucks, for its involvement in a cartel. The Court held (...)

The Bulgarian Competition Authority issues a statement of objection against undertakings for bid-rigging (Energy efficiency program)
Tsvetkova Bebov Komarevski (Sofia)
10 contributions 4091 visites
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Tsvetkova Bebov Komarevski (Sofia)
4 contributions 883 visites
Follow up: the Bulgarian Competition Authority reveals the largest bid-rigging cartel between undertakings in Bulgaria* Flashback In January 2019, the Bulgarian Commission for Protection of Competition (“BCPC”) issued a Statement of Objections against in total 24 Bulgarian undertakings for (...)

The Indian Competition Authority fines a state medicine dealers association for restricting the supply of medicines in the market by requiring payment to publish about the medicines in its "Product Information Service" bulletin (Jalgaon District Medicine Dealers Association)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41948 visits
CCI penalizes Jalgaon District Medicine Dealers Association for imposing PIS charges on pharma companies* CCI, by way of order dated 20.06.2019, has imposed a penalty of INR 80,185/- on Jalgaon District Medicine Dealers Association (“JDMDA/OP”) in the State of Maharashtra, India for (...)

The Spanish Competition Authority fines a company for engaging in misleading conduct contrary to the principles of good faith and professional diligence (Endesa Energía)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46105 visites
The NMCC has fined Endesa Energía XXI €5.5 million, for using the electricity bills as a tool to promote services of other group companies. In the past, the electricity market in Spain was fully regulated, and all prices were set by the Government. However, in the late 90s the sector was (...)

The Spanish Competition Authority fines 26 companies and two trade associations for taking part in a school transportation cartel and confirms the prohibition of contracting with the public sector (Transporte Escolar Murcia)
CMS Albiñana y Suárez de Lezo (Madrid)
Espagne 12 contributions 3218 visites
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CMS Albiñana y Suárez de Lezo (Madrid)
Espagne 5 contributions 2458 visites
On 20 June 2019, the Spanish Competition and Markets Authority (Comisión Nacional de los Mercados y la Competencia, “CNMC” or “Spanish Competition Authority”) fined 26 school transportation companies and two trade associations for taking part in a bid-rigging cartel. The fines amounted to EUR (...)

The Turkish Competition Authority fines a professional association for its protocol which resulted in prohibitions regarding competitors’ offers and advertising activities (The Customs Brokers Association of Istanbul / Ünsped Gümrük Müşavirliği ve Lojistik Hizmetleri)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 168 contributions 80973 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 22 contributions 5511 visites
This case summary includes an analysis of the Turkish Competition Board’s (the “Board”) Istanbul Customs Brokers Association decision (20.06.2019; 19-22/352-158) in which the Board evaluated the allegations raised by Ünsped Gümrük Müşavirliği ve Lojistik Hizmetleri A.Ş (a customs brokerage and (...)

The Turkish Competition Authority withdraws the individual exemption granted to an agreement containing exclusivity clauses in the on-trade beer market sector (Tuborg)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 168 contributions 80973 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 22 contributions 5511 visites
This case summary includes an analysis of the Turkish Competition Board’s (the “Board”) Tuborg decision (20.06.2019; 19-22/335-152) in which the Board withdrew Tuborg Pazarlama A.Ş.’s (“Tuborg”) individual exemption granted to its agreements containing exclusivity clauses with sellers such as (...)

The Indian Competition Authority finds the distribution arrangments of a supplier of mobile handsets to be prima facie compliant with national law (Vivo)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18382 visits
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Shardul Amarchand Mangaldas (New Delhi)
Inde 67 contributions 19601 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 58 contributions 16380 visites
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The CCI closed at prima facie stage a case against Vivo Mobile (Vivo), a supplier of mobile handsets, finding that its distribution arrangements raised no concerns under Section 3(4) of the Competition Act which prohibits vertical agreements with an appreciable adverse effect on competition (...)

The UK Competition Authority provisionally finds that four pharmaceutical companies broke competition law by fixing the quantities and the prices of an anti-depressant drug (Auden Mckenzie / King / Alissa / Lexon)
UK Competition & Markets Authority - CMA (London)
United Kingdom 383 contributions 95204 visits
Suppliers of antidepressants accused of illegal anti-competitive conduct* The CMA has provisionally found that 4 pharmaceutical companies broke competition law in relation to the supply of an anti-depressant drug. The Competition and Markets Authority (CMA) has accused competitors King and (...)

The Mexican Competition Authority fines toothbrush suppliers for bid rigging in public health sector (Galeno / Dentilab / Holiday)
Mexican Competition Authority (Mexico City)
Mexico 133 contributions 25936 visits
COFECE sanctions toothbrush suppliers for bid rigging in public health sector tenders* • The sanctioned companies coordinated and rigged bids in public tenders, or abstained from participating, to divide amongst them the market of toothbrushes for adults and infants procured by the health (...)

The Spanish Competition Authority seeks a preliminary ruling from the CJEU in connection with the framework agreement for the cargo handling sector (Acuerdo Marco de la Estiba)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46105 visites
The CNMC has requested a preliminary ruling from the CJEU on the legality of the proposed stevedoring framework agreement, within the context of the ongoing investigation launched by the said Authority in November 2017 (file S/DC/0619/17, Acuerdo Marco de la Estiba). The move is remarkable, (...)

The Hungarian Competition Authority fines several companies for price coordination through the use of online cash registers (IPSZOI / PayPal)
Hungarian Competition Authority (Budapest)
Hungary 92 contributions 18967 visits
The competition supervision procedure initiated against PayPal has ended with the acceptance of commitments* The Gazdasági Versenyhivatal (the Hungarian Competition Authority, GVH) accepted the commitments of the online payment method provider, PayPal. On the basis of the commitments, the (...)

The Lithuanian Competition Authority terminates an investigation into an alleged bid-rigging in the public tender for software update and license renewal services among three IT services providers (Asseco Lietuva / Atea / IT&T Systems)
Lithuanian Competition Authority (Vilnius)
Lituanie 1 contribution 69 visites
Konkurencijos taryba has terminated investigation into the alleged bid-rigging in the public tender for software upgrade and license renewal services among three IT service providers. On 12 June 2019 the investigation was initiated following allegations that Asseco Lietuva, Atea and IT&T (...)

The Spanish Competition Authority seeks a preliminary ruling from the EUCJ on the compatibility of the stowage sector’s collective agreement (SAGEPs)
Bird & Bird (Madrid)
Spain 29 contributions 4654 visits
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Ecija & Asociados (Madrid)
Spain 20 contributions 2150 visits
Historically, stowage activities in Spain had been reserved for dockers affiliated to public companies known as "SAGEPs" so that stowage companies had to be part the of the SAGEPs’ shareholding structure. However, on 11 December 2014, the European Court of Justice ("ECJ") declared this regime (...)

The Danish Maritime and Commercial Court finds that a price coordination agreement between companies and a trade organization in the gas market restricted competition (HMN)
Bird & Bird (Copenhagen)
Danemark 36 contributions 8063 visites
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Bird & Bird (Copenhagen)
Danemark 23 contributions 2490 visites
On 12 June 2019, the Danish Maritime and Commercial Court found that a price coordination agreement between HMN Naturgas I/S, its two sub-contractors and a trade organisation had the object of restricting competition. HMN is a municipally owned natural gas undertaking that offers a (...)

The Czech Competition Authority confirms fines imposed for bid-rigging to window producers (DAFE-PLAST Jihlava / OFS 2000 / SULKO)
Czech Competition Authority (Brno)
Czech Republic 47 contributions 6253 visits
FINES FOR BID RIGGING CARTEL OF WINDOW PRODUCERS WERE CONFIRMED* The above mentioned undertakings infringed national competition rules by coordinating their participation and bids regarding the public contract for the change of doors and windows on premises of the Ministry of Education, (...)

The Croatian Competition Authority opens an infringement proceeding against a winemaker due to contracts concluded with its suppliers of grapes (Iločki podrumi)
Croatian Competition Agency (Zagreb)
Croatie 118 contributions 19371 visites
UTPs infringement proceeding against winemaker ILOČKI PODRUMI* The Croatian Competition Agency (CCA) opened the infringement proceeding against the undertaking Iločki podrumi after having examined the contracts concluded between the winemaker and its suppliers of grapes. The CCA notes here (...)

The Mexican Competition Authority notifies economic agents of their probable responsibility for collusion in the pharmaceutical market following an investigation in the health sector
Mexican Competition Authority (Mexico City)
Mexico 133 contributions 25936 visits
COFECE notifies economic agents of a statement of probable responsibility for collusion in the market for pharmaceuticals* • The Investigative Authority concluded their probe and issued a statement indicating probable collusion. • The notification of a statement of probable responsibility (...)

The Düsseldorf Higher Regional Court overturns the German Competition Authority’s decision which sanctioned price parity clauses between hotel platforms and hotel operators (Booking.com)
Bird & Bird (Dusseldorf)
Germany 21 contributions 2514 visits
On 4 June 2019, the Higher Regional Court of Düsseldorf ruled that price parity clauses which prohibit hotel operators to offer lower room prices on their homepages compared to the prices offered on the booking platform are valid – overruling the decision of the German Federal Cartel Office (...)

The Düsseldorf Higher Regional Court quashes the Competition Authority’s decision and finds a most favoured nation clause compatible with antitrust law for a hotel booking platform (Booking.com)
Heinz & Zagrosek (Köln)
Allemagne 23 contributions 13079 visites
Booking.com’s "narrow" MFN clauses now also permissible in Germany, Court of Appeals rules* On June 4, 2019, the Düsseldorf Court of Appeal quashed the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com to operate so-called narrow most favored nation (MFN) clauses (or best (...)

The Dusseldorf Higher Regional Court overturns the Competition Authority’s prohibition of narrow best price clauses (Booking.com)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56454 visits
On 4 June 2019, the Higher Regional Court of Düsseldorf (the “Court”) ruled that narrow best price clauses are not anticompetitive and overturned the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com from using such clauses in contracts with hotel operators. ‘Narrow’ best (...)

The Competition Commission of India finds two chemist associations and two pharmaceutical companies to have used no-objection certificates (Madhya Pradesh Chemists and Distributors Federation / Madhya Pradesh Chemists and Druggist Association)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18382 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20406 visits
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 19307 visites
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India Competition Law Roundup: June 2019 The Competition Commission of India (CCI) found that two chemist associations and two pharmaceutical companies had engaged in a system of no-objection certificates (NOC) under which the associations prescribed which stockist could stock a company’s (...)

The Indian Competition Authority fines pharmaceutical associations and companies for imposing anticompetitive conditions on their retailers (Madhya Pradesh Chemists and Distributors Federation / Madhya Pradesh Chemists and Druggist Association)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41948 visits
CCI imposes penalty on chemists and druggist associations in Madhya Pradesh and two pharmaceutical companies* By way of order dated 03.06.2019, CCI imposed penalty on Madhya Pradesh Chemists and Druggist Association (“MPCDA”) and Indore Chemists Association (“ICA”) (collectively ‘chemists (...)

The Indian Competition Authority finds that pharmaceutical companies and their trade association infringe competition law so orders them to organise competition awareness programmes (Madhya Pradesh Chemists and Distributors Federation / Madhya Pradesh Chemists and Druggist Association)
High Court of Delhi
Inde 2 contributions 619 visites
Indian competition authority finds that pharmaceutical companies and their trade association infringe competition law* Background On 3rd June 2019, CCI delivered yet another order, wherein it held the Madhya Pradesh Chemists & Druggists Association along with other district-level (...)

The Indian Competition Commission finds that chemist associations and pharmaceutical companies had engaged in a system of no-objection certificates under which the associations prescribed which stockist could stock a company’s products
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18382 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20406 visits
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 19307 visites
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The Competition Commission of India (CCI) found that two chemist associations and two pharmaceutical companies had engaged in a system of no-objection certificates (NOC) under which the associations prescribed which stockist could stock a company’s products.1 The associations and certain of (...)

The UK Competition Authority finds that pharmaceutical companies took part in a market sharing arrangements for anti-nausea and dizziness drug Prochlorperazine (Alliance Pharmaceuticals / Focus / Lexon / Medreich)
Bird & Bird (London)
Royaume-Uni 19 contributions 3426 visites
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Bird & Bird (London)
Royaume-Uni 28 contributions 3392 visites
In recent years, the UK CMA has focussed many of its investigations on the pharmaceutical sector. This is partly due to the fact that in the UK, the National Health Service is a public funded body which bears most of the cost of the majority of medicines. Therefore, going after (...)

Unilateral Practices

 The Rotterdam District Court annuls a €41M fine imposed by the Dutch Competition Authority on a railway operator for allegedly abusing its dominant position (Nederlandse Spoorwegen)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 11 contributions 5087 visits
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Bird & Bird (The Hague)
Netherlands 7 contributions 3773 visits
ABUSE OF DOMINANCE FINE OF € 41 MILLION FOR DUTCH RAILWAY OPERATOR ANNULED* Introduction The Authority for Consumers and Markets (“ACM“, the Dutch competition authority) was in 2017 – after years of silence – finally able to fine an undertaking for abuse of dominance. A heavy fine of (...)

The Rotterdam District Court annuls a €41M fine imposed on a rail transport incumbent for allegedly abusing its dominant position (Nederlandse Spoorwegen)
Bird & Bird (The Hague)
Pays-Bas 34 contributions 8706 visites
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KPN (Amsterdam)
Pays-Bas 33 contributions 7183 visites
On 27 June 2019 the District Court of Rotterdam annulled the decision of the Authority for Consumers and Markets ("ACM", the Dutch competition authority) to impose a fine of € 41 million on Dutch rail transport incumbent N.V. Nederlandse Spoorwegen ("NS") for abusing its dominant position (...)

The EU Commission opens a formal investigation to assess whether a producer of integrated circuit abused its dominant position (Broadcom)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 65773 visites
On 26 June 2019, the European Commission (the “Commission”) announced that it had opened a formal investigation to assess whether integrated circuit (“IC”) provider Broadcom may be abusing its dominant position, in breach of Article 102 Treaty on the Functioning of the European Union. In (...)

The EU Commission opens an investigation and sends statements of objections on interim measures in TV and modem chipsets markets (Broadcom)
European Commission - DG COMP (Brussels)
Belgique 45 contributions 20605 visites
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Gómez-Acebo & Pombo (Brussels)
Belgique 51 contributions 28510 visites
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Basic-Fit (Hoofddorp)
Pays-Bas 45 contributions 20587 visites
The Commission has opened an investigation into Broadcom’s commercial practices over a number of competition concerns. Broadcom is one of the world’s largest designers, developers and providers of key components of wired communication devices and is a global leader in the markets of (...)

The EU Commission seeks interim measures for the first time in 18 years (Broadcom)
Hogan Lovells (London)
Royaume-Uni 1 contribution 56 visites
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Hogan Lovells (London)
Royaume-Uni 17 contributions 3152 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 26 June 2019, the European Commission announced that it has opened a formal investigation to determine whether US chipmaker, Broadcom, is abusing its (...)

The EU Commission opens an investigation into semiconductor company for exclusionary conduct and uses interim powers for the first time in two decades (Broadcom)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46105 visites
The European Commission has announced that it has opened an investigation against Broadcom in connection with various practices such as between Broadcom products and other products. The case follows precedents in the microchips market, particularly echoing the investigation against Intel (...)

The Brazilian Competition Authority decides to file charges against a multinational technology company due to one of its online shopping platform features (Google)
OECD - Competition Division (Paris)
France 11 contributions 10416 visites
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University of São Paulo
Brésil 3 contributions 3626 visites
GOOGLE SHOPPING IN BRAZIL: HIGHLIGHTS OF CADE’S DECISION AND TAKEAWAYS FOR DIGITAL ECONOMY ISSUES On 26 June 2019, the Brazilian Competition Authority (CADE) decided to file the competition charges raised against Google on its “Google Shopping” feature. It was not an easy decision, which is (...)

The EU Commission announces it will use its interim measures in investigating a major chipmaker’s abuse of dominance (Broadcom)
Dechert (Brussels)
Belgique 26 contributions 35524 visites
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Dechert (Brussels)
Belgique 9 contributions 12183 visites
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Dechert (Brussels)
Belgique 3 contributions 2575 visites
Key Takeaways In a potentially ground-breaking move, the European Commission recently announced its intention to use its powers to impose interim measures in an investigation targeting chipmaker Broadcom. If it does impose such measures, it would be the first use of these powers in 18 years. (...)

The EU Commission opens an investigation against a designer of integrated circuits for wired communication devices and sends a Statement of Objections seeking to impose interim measures in TV and modem chipsets markets (Broadcom)
European Commission - DG COMP (Brussels)
Belgique 1333 contributions 2811564 visites
The European Commission has opened a formal antitrust investigation to assess whether Broadcom may be restricting competition through exclusivity practices, in breach of EU rules. The Commission intends to impose interim measures during the investigation with regard to TV and modem chipsets (...)

The Russian Competition Authority opens proceedings against a railway company suspected of price fixing (Russian Railways)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55681 visites
THE ANTIMONOPOLY SERVICE OPENED A CASE AGAINST RUSSIAN RAILWAYS* FAS exposed elements of fixing monopolistically high price for heating energy in the form of steam The Antimonopoly Service received a complaint from “Rikwest-Service” Ltd. about signs of violating the antimonopoly law by (...)

The Helsinki District Court hands down two judgements regarding compensation of harm resulting from predatory pricing in the milk market (Maitomaa / Valio) (Maitokolmio / Valio)
Hannes Snellman (Helsinki)
Finlande 23 contributions 3003 visites
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Bird & Bird (Helsinki)
Finlande 14 contributions 1088 visites
In June 2019, the District Court of Helsinki handed down two judgments regarding compensation of harm resulting from predatory pricing. The claims for damages were brought before the court by two milk producers’ cooperatives, Maitomaa and Maitokolmio, with respect to a predatory pricing case (...)

The Japanese FTC publishes a report into ’know-how’ and IP in the context of the abuse of superior bargaining position infringement under the anti-monopoly act
White & Case (Tokyo)
Japon 21 contributions 3369 visites
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White & Case (Tokyo)
Japon 20 contributions 3275 visites
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White & Case (Tokyo)
Japon 21 contributions 3369 visites
The Japan Fair Trade Commission ("JFTC") periodically conducts market research to review and investigate business activities that may violate abuse of superior bargaining position ("ASBP") regulations. For the first time in its history, the JFTC has focused its market research on manufacturer (...)

The Brazilian Competition Authority enters into a settlement agreement with a major refining company for the sale of oil refineries (Petrobras)
Mattos Filho Veiga Filho Marrey Jr & Quiroga (New York)
États-Unis 5 contributions 2111 visites
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Sao Paulo)
Brésil 4 contributions 1932 visites
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Rio de Janeiro)
Brésil 1 contribution 520 visites
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During a hearing held on June 11, 2019, the Administrative Council for Economic Defense (CADE) entered into a Settlement Agreement with Petrobras for the sale of eight oil refineries and associated infrastructure. The agreement was approved by the majority of CADE’s Commissioners and has in (...)

The Chinese MOFCOM announces that China will introduce the ’Unreliable Entity List’ regime and issues general criteria for determining which foreign entities and individuals will be listed
AnJie Broad Law (Beijing)
Chine 2 contributions 338 visites
UNRELIABLE ENTITY LIST EMBRACES ABUSE OF DOMINANCE UNDER THE AML OF THE PRC* On May 31, 2019, the Ministry of Commerce of China (“MOFCOM”) announced that China will establish an “Unreliable Entity List” (“UEL”) targeting on foreign entities and individuals that fail to comply with the (...)

Mergers

 The Australian Competition Authority appeals the Federal Court’s dismissal of its fine against 2 national freight companies’ agreements on their intermodal businesses (Pacific National / Aurizon)
Australian Competition and Consumer Commission (Sydney)
Australie 9 contributions 861 visites
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Jones Day (Melbourne)
Australie 10 contributions 1359 visites
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Herbert Smith Freehills (Sydney)
Australie 15 contributions 1153 visites
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On 27 June 2019, the ACCC announced that it has lodged an appeal to the Full Federal Court against the Federal Court’s decision. The ACCC stated that its appeal will focus on the ability of courts to accept undertakings given the ACCC’s concerns about the ability of access undertakings to (...)

The EU Commission fines an optical products company for structuring a merger transaction to avoid premerger notification filings and the waiting period requirements (Canon / Toshiba)
Jones Day (Brussels)
Belgique 6 contributions 2715 visites
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Paul Weiss (Washington)
États-Unis 3 contributions 506 visites
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Jones Day (Brussels)
Belgium 20 contributions 7908 visits
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Antitrust authorities in the United States and European Union have assessed penalties and fines against Canon, and in the United States, Toshiba, for (...)

The EU Commission imposes a fine of €28M for gun jumping in the imaging and optical products market (Canon / Toshiba)
Bird & Bird (Brussels)
Belgium 42 contributions 12149 visits
On 27 June 2019, the European Commission ("EC") fined Canon €28 million for gun-jumping in its acquisition of Toshiba Medical Systems Corporation ("TMSC"), namely implementing the transaction prior to notification and approval under EU merger control (see the EC press release here). Canon had (...)

The EU Commission fines a Japanese imaging manufacturer for gun jumping by way of a two-step warehousing structure (Canon / Toshiba)
Zepos & Yannopoulos (Athens)
Grèce 35 contributions 3579 visites
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Linklaters (London)
Royaume-Uni 34 contributions 3085 visites
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Zepos & Yannopoulos (Athens)
Grèce 29 contributions 2415 visites
On 27 June 2019, the European Commission fined Canon EUR28 million for the pre-clearance implementation of its acquisition of Toshiba Medical Systems (TMSC) through the use of a two-step “warehousing” deal structure. In step one, Toshiba transferred 95% of the shares in TMSC in a SPV (...)

The US FTC announces changes to the Hart-Scott-Rodino premerger notification rules
Jones Day (Washington)
États-Unis 20 contributions 6377 visites
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Jones Day (Chicago)
États-Unis 11 contributions 1480 visites
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Jones Day (Washington)
États-Unis 10 contributions 2444 visites
The Federal Trade Commission ("FTC") announced changes to the Hart-Scott-Rodino ("HSR") Premerger Notification Rules relating to Item 5 of the HSR Form that take effect starting September 25, 2019. Item 5 currently requires filers to report relevant U.S. revenues categorized using the U.S. (...)

The EU Commission imposes a €28M fine on an imaging and optical products company for gun jumping (Canon / Toshiba)
Freshfields Bruckhaus Deringer (London)
Royaume-Uni 11 contributions 1813 visites
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Freshfields Bruckhaus Deringer (London)
Royaume-Uni 8 contributions 2639 visites
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Freshfields Bruckhaus Deringer (Brussels)
Belgique 6 contributions 861 visites
The Commission’s decision on 27 June 2019 to impose a €28 million fine on Canon for breaching EU notification and standstill obligations is the latest in a series of cases showing the Commission’s determination to take action against procedural infringements of EU merger control. It follows a (...)

The EU Commission fines a camera and printer manufacturer €28M for partially implementing its acquisition prior to the transaction being notified to the Commission (Canon / Toshiba)
Hogan Lovells (London)
Royaume-Uni 17 contributions 3152 visites
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Covington & Burling (London)
Royaume-Uni 19 contributions 11591 visites
On 27 June 2019, the European Commission (Commission) announced it had fined Japanese camera and printer manufacturer, Canon, €28m for partially implementing its 2016 acquisition of Toshiba Medical Systems prior to the transaction being notified to the Commission and, as a result, before it (...)

The EU Commission fines an imaging and optical products manufacturer for gun-jumping (Canon / Toshiba)
European Commission - DG COMP (Brussels)
Belgique 1333 contributions 2811564 visites
Mergers: Commission fines Canon €28 million for partially implementing its acquisition of Toshiba Medical Systems Corporation before notification and merger control approval* The European Commission has fined Canon, the Japan-based imaging and optical products manufacturer, €28 million for (...)

Gun-jumping: The European Commission imposes two fines totalling EUR 28 million upon one of the world major suppliers of optical products for having infringed the Merger Regulation prior notification and standstill obligations (Canon / Toshiba Medical Systems)
Hogan Lovells (Paris)
France 40 contributions 20627 visites
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Hogan Lovells (Paris)
France 17 contributions 5035 visites
Warehousing – or portage – transactions, which consist in parking the target with an interim buyer in view of its onward sale to the ultimate acquirer, are no exceptions to the prohibition of gun jumping: this is, in a nutshell, the conclusion drawn by the European Commission in its decision (...)

The EU Commission fines a company €28 million for partial gun jumping in the imaging and optical products market (Canon / Toshiba)
European Commission - DG COMP (Brussels)
Belgique 45 contributions 20605 visites
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Gómez-Acebo & Pombo (Brussels)
Belgique 51 contributions 28510 visites
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Basic-Fit (Hoofddorp)
Pays-Bas 45 contributions 20587 visites
The European Commission has fined Canon, the Japan-based imaging and optical products company, €28 million for its failure to fully respect notification and standstill obligations in the acquisition of Toshiba Medical Systems Corporation (“TMSC”). EU merger rules require that merging (...)

The EU Commission imposes a €28M fine on a Japanese manufacturer of imaging and optical products for gun-jumping (Canon / Toshiba Medical Systems)
European Commission - DG COMP (Brussels)
Belgique 13 contributions 10873 visites
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Shearman & Sterling (London)
Royaume-Uni 30 contributions 14021 visites
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Shearman & Sterling (London)
Royaume-Uni 23 contributions 13994 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 27 June 2019 the European Commission imposed a fine of €28 million on the Japanese imaging and optical products manufacturer Canon for “gun-jumping” by (...)

The EU Commission fines 2-step merger for gun jumping because the full value of the majority stake was paid in the first step with minority rights thereby making the option certain to be exercised (Canon / Toshiba)
Linklaters (London)
Royaume-Uni 15 contributions 16676 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The European Commission has published the full text of its decision to impose a €28 million fine (actually two €14 million fines) on Canon for breaching the (...)

The Danish Competition Authority fines the national oil and petrol service station company for failure to notify an acquisition as required under the merger control rules (Circle K)
Bird & Bird (Copenhagen)
Danemark 36 contributions 8063 visites
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Bird & Bird (Copenhagen)
Danemark 23 contributions 2490 visites
On 26 June 2019, the Danish Competition and Consumer Authority ("CCA") announced that the Danish oil and petrol service station company Circle K Denmark A/S accepted to pay a fine of DKK 6.000.000 (EUR 800.000) for failure to notify an acquisition as required under the merger control rules in (...)

The Danish Competition Authority clears a merger subject to remedies in the market of retail provision of TV services via fibre optic infrastructure (SE / Eniig)
Danish Competition and Consumer Authority (Copenhagen)
Danemark 129 contributions 35770 visites
The Danish Competition Council has approved the merger between SE a.m.b.a and Eniig a.m.b.a. subject to remedies* On 21 December 2018 the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of the merger between SE a.m.b.a. (hereinafter “SE”) and (...)

The Swiss Federal Supreme Court affirms a major ticket sale company’s sole legitimacy to submit a complaint against the Competition Commission’s prohibition of the merger between its wholly owned subsidiary and another company (Ticketcorner Holding / Tamedia)
Lenz & Staehelin (Zurich)
Suisse 11 contributions 2471 visites
In its decision of June 24, 2019, the Federal Supreme Court affirms Ticketcorner Holding AG’s sole legitimacy to lodge a complaint against ComCo’s prohibition of the merger between its wholly-owned subsidiary Ticketcorner AG and Starticket AG. The Federal Supreme Court thereby clarifies that (...)

The EU Commission clears a merger subject to remedies in the markets of night vision devices and handheld video data links (L3 Technologies / Harris)
European Commission - DG COMP (Brussels)
Belgique 1333 contributions 2811564 visites
Mergers: Commission approves acquisition of L3 Technologies by Harris Corporation, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of L3 Technologies by Harris Corporation, both aerospace and defence companies based in the (...)

The Indian Competition Authority clears a minority shareholdings acquisition in the financial industry after the submission of the merger notification (Kedaara / Ajax)
Shardul Amarchand Mangaldas (New Delhi)
Inde 63 contributions 18382 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 20406 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 19307 visites
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The CCI cleared the acquisition by Kedaara Capital Fund (Kedaara), a private equity fund, of an approximately 7.98% stake in Ajax Engineering (Ajax), a manufacturer of concreting equipment. [1] Since there were no horizontal overlaps or vertical relationships, the CCI concluded that the (...)

The Indian Competition Authority clears a merger of two companies overlapping in some mortgage markets but with small market share of the resulting company (Indiabulls Housing Finance / Indiabulls Commercial Credit)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 41948 visites
CCI approves merger of Indiabulls Housing Finance Limited and Indiabulls Commercial Credit Limited into Lakshmi Vilas Bank Limited* CCI, by way of order dated 20.06.2019, has approved the merger of Indiabulls Housing Finance Limited (“IHFL”) and Indiabulls Commercial Credit Limited (“ICCL”) (...)

The US FTC and the Colorado Attorney General file a complaint against a merger between an insurance company and a health services business for resulting in both horizontal and vertical competitive effects (UnitedHealth / DaVita)
U.S. House of Representatives Committee on the Judiciary
2 contributions 114 visites
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Axinn Veltrop & Harkrider (Washington)
États-Unis 2 contributions 114 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 19, UnitedHealth Group Incorporated (UnitedHealth Group) and DaVita, Inc. (DaVita) agreed to two separate consent agreements to resolve antitrust (...)

The Spanish Competition Authority investigates a possible infringement of merger commitments in the telecom sector (Telefónica)
European Commission - DG COMP (Brussels)
Belgique 45 contributions 20604 visites
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 28510 visits
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Basic-Fit (Hoofddorp)
Pays-Bas 45 contributions 20586 visites
In 2015, the CNMC approved the acquisition of DTS by Telefónica, subject to a series of commitments relating to the pay television market. Telefónica undertook, inter alia, to make available 100% of its premium channels to third-party operators under conditions which would allow them to (...)

The Austrian Cartel Court fines a company for gun-jumping in the building materials industry (WIG Wietersdorfer)
Austrian Competition Authority (Vienna)
Autriche 63 contributions 7155 visites
Fine imposed for illegal merger in the building materials industry* On 14 June 2019 the Cartel Court, at the Federal Cartel Prosecutor’s request, imposed a fine of € 70,000 on WIG Wietersdorfer Holding GmbH. WIG Wietersdorfer Holding GmbH had acquired a 50% stake in the target company (...)

The French Competition Authority clears a merger in the cardboard sector following remedies accepted by EU Commission (International Paper Company / DS Smith)
Autorité de la concurrence (Paris)
France 739 contributions 394052 visites
Cardboard sector* In part of commitments that are conditions for the European Commission’s approval of the acquisition of Europac by DS Smith, the Autorité de la concurrence gives clearance to International Paper Company to acquirethe two Normandy plants of DS Smith Packaging Normandie On (...)

The Austrian Competition Authority conditionally clears a merger in the hardware and software sector (Carl Zeiss / GOM)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71613 visits
On 13 June 2019, the Austrian Federal Competition Authority cleared the acquisition of GOM, a supplier of hardware and software for automated 3D-coordinate metrology, by Carl Zeiss, a technology company in the optical and optoelectronic industry. The clearance is subject to commitments. Among (...)

The US Court of Appeals for the Eighth Circuit upholds an injunction against a proposed acquisition of a hospital on the grounds that it would lead to near-monopolisation in four different markets (Sanford Health / Sanford Bismarck / Mid Dakota Clinic)
Hogan Lovells (Washington)
États-Unis 8 contributions 1312 visites
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Jones Day (Washington)
États-Unis 7 contributions 1118 visites
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Jones Day (Washington)
États-Unis 3 contributions 217 visites
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In a decision that extends the FTC’s winning streak in the courts of appeals in healthcare provider merger cases, the Eighth Circuit affirmed the Federal Trade Commission’s ("FTC") bid to enjoin Sanford Health’s acquisition of Mid Dakota Clinic ("MDC"). This decision follows almost three years (...)

Joint venture: The French Competition Authority clears a joint control in the markets for the collection of polluted soil and aggregate production (Cosson, Ensis / Terzeo)
L’actu-concurrence (Paris)
France 4634 contributions 1196303 visites
On 31 July 2019, the Competition Authority posted 16 new merger clearance decisions online, including 11 simplified decisions. These decisions include Decision No. 19-DCC-113 of 13 June 2019. pursuant to which the French Competition Authority authorised the acquisition of joint control by (...)

The UK Competition Authority clears the takeover of a mobile payments company after conducting an in-depth Phase 2 probe (PayPal / iZettle)
Charles River Associates International (CRA) (London)
États-Unis 11 contributions 10017 visites
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Charles River Associates International (CRA) (London)
Royaume-Uni 3 contributions 1050 visites
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Charles River Associates International (CRA) (Boston)
États-Unis 1 contribution 548 visites
Acquisitions of Potential Rivals in Digital/Tech: Valuation Analysis as Key Economic Too - PayPal/iZettle Antitrust authorities everywhere are increasingly concerned with so-called “killer acquisitions” – cases where an established incumbent buys up a small rival which might have the (...)

The UK Competition Authority clears a merger in the online and offline payment services market (PayPal / iZettle)
UK Competition & Markets Authority - CMA (London)
United Kingdom 383 contributions 95204 visits
CMA clears PayPal / iZettle deal* The CMA has cleared PayPal’s completed takeover of rival mobile payments company iZettle after an in-depth, Phase 2, investigation. Both companies provide mobile point of sale (mPOS) devices that enable businesses to take ‘offline’ payments through a card (...)

The Finnish Competition Authority extends the merger control investigation periods to 23 working days for phase I and 69 working days for phase II investigations
Hannes Snellman (Helsinki)
Finlande 23 contributions 3003 visites
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Bird & Bird (Helsinki)
Finlande 14 contributions 1088 visites
The Finnish merger control investigation periods have been extended to 23 working days for phase I investigations (instead of one month previously) and 69 working days for phase II investigations (instead of three months previously). The previous way of calculating investigation periods in (...)

The UK Competition Authority clears the acquisition of a Swedish fintech company after completing an in-depth phase II review (PayPal / iZettle)
Freshfields Bruckhaus Deringer (London)
Royaume-Uni 1 contribution 126 visites
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Freshfields Bruckhaus Deringer (London)
Royaume-Uni 7 contributions 1359 visites
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Freshfields Bruckhaus Deringer (London)
Royaume-Uni 3 contributions 515 visites
The Competition and Markets Authority (CMA) has provisionally cleared PayPal’s $2.2 billion acquisition of Swedish fintech company iZettle after completing an in-depth, Phase 2 review. The CMA’s decision comes amidst mounting pressure on antitrust authorities to scrutinise deals involving (...)

The EU Commission prohibits a joint venture in the carbon and electrical steel activities sector (Thyssenkrupp / Tata)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 71621 visites
On 11 June 2019, the European Commission (“Commission”) prohibited the creation of a joint venture between Thyssenkrupp and Tata Steel under the EU Merger Regulation. The deal would have combined Thyssenkrupp and Tata’s flat carbon and electrical steel activities in the EEA. According to the (...)

The EU Commission prohibits a merger in the steel sector (Thyssenkrupp / Tata)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20604 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 28508 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20586 visits
On 11 June 2019, the proposed joint venture (“JV”) between the two companies was prohibited by the Commission. The prohibition is grounded on the effects that the proposed JV would have produced in the market, namely, reduced competition and increased steel prices. The Commission’s decision is (...)

The EU Commission prohibits a merger between steel suppliers (Tata Steel / ThyssenKrupp)
European Commission - DG COMP (Brussels)
Belgique 1333 contributions 2811671 visites
Mergers: Commission prohibits proposed merger between Tata Steel and ThyssenKrupp The European Commission has prohibited the creation of a joint venture by Tata Steel and ThyssenKrupp under the EU Merger Regulation. The merger would have reduced competition and increased prices for different (...)

The UK Competition and Market Authority closes its investigation into a merger in the production of microscope sector after the parties abandoned the deal (Thermo Fisher/Gatan)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 71621 visites
On 10 June 2019, the UK’s Competition and Market’s Authority (“CMA”) cancelled its Phase II investigation into scientific instruments giant Thermo Fisher’s anticipated purchase of Gatan, a Roper subsidiary active in the production of specialised electron microscope peripherals, after the (...)

The US DOJ files a complaint and proposes final judgment in the US District Court for the District of Columbia, alleging a company violated the premerger notification and waiting period requirements of the Hart-Scott Rodino Act (Toshiba / Canon)
Hogan Lovells (Tysons Corner)
7 contributions 1455 visites
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Hogan Lovells (Washington)
États-Unis 7 contributions 1949 visites
On 10 June 2019 the U.S. Department of Justice (DOJ) Antitrust Division, acting at the request of the Federal Trade Commission (FTC), filed a complaint and proposed final judgment in the U.S. District Court for the District of Columbia, alleging that Canon Inc. (Canon) and Toshiba Corp. (...)

The US District Court of Columbia imposes a $2.5M civil penalty against a manufacturer of imaging equipment for violating the pre-merger notification and waiting period requirements of the HSR Act (Canon / Toshiba)
Willkie Farr & Gallagher (New York)
États-Unis 3 contributions 2452 visites
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Willkie Farr & Gallagher (New York)
États-Unis 1 contribution 71 visites
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Bernstein Litowitz Berger & Grossmann
2 contributions 167 visites
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Earlier this summer, the U.S. Department of Justice (the “DOJ”) filed a proposed final judgment against Canon Inc. (“Canon”) and Toshiba Corp. (“Toshiba”), (...)

The German Competition Authority announces the withdrawal of a merger notification between companies in the information technology sector (IBM / T-Systems)
German Competition Authority (Bonn)
Allemagne 447 contributions 113534 visites
IBM withdraws notification of its acquisition of staff, hardware and software from T- Systems’ mainframe business after the Bundeskartellamt expressed concerns* Bonn, 7 June 2019: IBM Deutschland GmbH, Ehningen, has withdrawn its notification of plans to acquire essential hard and software (...)

The Mexican Competition Authority prohibits a concentration between a retail company and a company offering logistical services to retailers (Walmart / Cornershop)
Mexican Competition Authority (Mexico City)
Mexico 133 contributions 25936 visits
COFECE blocked Walmart/Cornershop concentration* • The proposed deal could generate incentives to unduly displace or block competitors’ access to the Cornershop platform and/or hinder the development of new platforms. • The new economic agent resulting from the transaction would gain (...)

The Indian Competition Authority clears a takeover of two insolvent competitors in the market for steel by a foreign investment firm (Uttam Galva Metallics / Uttam Value Steel / Nithia)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41948 visits
CCI approves acquisition of 100% paid up share capital of UGML and UVSL by Carval Funds and Nithia* By way of order dated 3.06.2019, CCI has approved the acquisition of 100% of the total issued and paid up share capital of Uttam Galva Metallics Limited (“UGML”) and Uttam Value Steel Limited (...)

The Indian Competition Authority approves acquisition of 75% shareholding in a packaging company (EsselPropack / Epsilon Bidco)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41948 visits
CCI approves acquisition of 75% shareholding in Essel Propack Limited by Epsilon Bidco* By way of order dated 3.06.2019, CCI has approved the acquisition of up to 75% shareholding of the issued and outstanding equity shares of EsselPropack Limited (“EPL”) by Epsilon Bidco Pte Ltd (...)

The U.S. District Court for the District of Columbia holds hearing to decide whether to enter the proposed Final Judgment requiring the divestiture of a Medicare business due to competition concerns raised by the DoJ (CVS /Aetna)
Orrick, Herrington & Sutcliffe (Washington)
États-Unis 7 contributions 2962 visites
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Orrick, Herrington & Sutcliffe (Washington)
États-Unis 10 contributions 9768 visites
On June 4 – 5, 2019, Judge Richard J. Leon of the U.S. District Court for the District of Columbia held an extraordinary and unprecedented evidentiary hearing to decide whether to enter the proposed Final Judgment in U.S. v. CVS/Aetna requiring the divestiture of Aetna’s Medicare Part D (...)

State Aid

 The EU Commission decides that bus transportation provided by public authorities constitutes economic activity (Helsingin Bussiliikenne)
Maastricht University
Belgium 353 contributions 64010 visits
Helsinki Busses, Loans, Article 93 and Indemnification* Bus transportation provided by public authorities constitutes economic activity. Loans given by a public authority to its transport unit have to be priced at market rates. The market value of public assets sold to third parties has to (...)

The EU Commission approves under State aid rules a €431M public support for cleaner transport in German cities
European Commission - DG COMP (Brussels)
Belgique 1333 contributions 2811671 visites
State aid: Commission approves €431 million public support for cleaner transport in German cities* The European Commission has found German plans to support the retrofitting of municipal and commercial diesel vehicles to be in line with EU State aid rules. The measure should contribute to (...)

The EU General Court annuls the Commission’s decision for lack of jurisdiction of the Commission on the State aid matter (Micula)
Sheppard Mullin (Brussels)
France 396 contributions 672733 visites
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Sheppard Mullin (Brussels)
Belgique 14 contributions 18364 visites
INTERNATIONAL ARBITRATION, INVESTMENT PROTECTION AND EU STATE AID RULES: THE GENERAL COURT OF THE EU ANNULS THE EUROPEAN COMMISSION’S STATE AID DECISION IN THE MICULA CASE In a long-awaited ruling of June 18, 2019, the General Court of the European Union (“GCEU”) annulled the European (...)

The EU General Court annuls a State aid decision from the Commission concerning the food production sector in Romania (Micula)
Van Bael & Bellis (Brussels)
Belgique 153 contributions 33900 visites
On 18 June 2019, the General Court of the European Union (the “General Court”) handed down its long-awaited judgment in the Micula case (Cases T-624/15, T-694/15 and T-704/15, European Food and Others v Commission, EU:T:2019:423). The case finds its origins in the investment made by the (...)

The EU General Court annuls the Commission’s State aid decision on the basis that it lacked jurisdiction to implement relevant law in a situation where all relevant facts have taken place before Romania’s accession to the EU (Micula)
European Commission - DG ENERGY (Luxembourg)
15 contributions 7229 visites
The Micula case has been used by the opponents of investment treaty arbitration to argue that such arbitration circumvents and breaches EU State aid law. The Micula case was initially about the judicial review of the withdrawal of individual incentives granted to the investor and withdrawn by (...)

The EU General Court annuls the Commission’s decision on State aid regarding a Romanian food and beverages company (Micula)
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3579 visits
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Linklaters (London)
Royaume-Uni 34 contributions 3085 visites
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Zepos & Yannopoulos (Athens)
Grèce 29 contributions 2415 visites
On 18 June 2019, the General Court of the European Union handed down its long-awaited judgment in the Micula case ruling that Romania’s payment of the €178 million award constituted illegal State aid. Romania, prior to its EU accession in 2005, implemented a pack of measures aiming to avoid (...)

The EU Commission opens an in-depth investigation to determine whether the public financing model of the Fehmarn Belt fixed rail-road link is in line with EU State aid rules
European Commission - DG COMP (Brussels)
Belgique 1333 contributions 2811671 visites
State aid: Commission opens in-depth investigation into public financing of Fehmarn Belt fixed rail-road link* The European Commission has opened an in-depth investigation to determine whether the public financing model of the Fehmarn Belt fixed rail-road link is in line with EU State aid (...)

The EU Commission approves under State aid rules a €5.4B support scheme for the production of electricity from renewable sources in Italy
European Commission - DG COMP (Brussels)
Belgique 1333 contributions 2811671 visites
State aid: Commission approves €5.4 billion support for production of electricity from renewable sources in Italy* The European Commission has approved, under EU State aid rules, a scheme to support electricity production from renewable sources in Italy. The measure will contribute to the EU (...)

The EU Commission opens an in-depth investigation to assess whether some capital injections granted by Denmark and Sweden to postal companies are in line with EU State aid rules (PostNord / Post Danmark)
European Commission - DG COMP (Brussels)
Belgique 1333 contributions 2811671 visites
State aid: Commission opens in-depth investigation into capital injections in favour of PostNord and Post Danmark* The European Commission has opened an in-depth investigation to assess whether certain capital injections granted by Denmark and Sweden to PostNord and Post Danmark are in line (...)

The EU Commission opens an in-depth investigation into a Lithuanian electricity strategic reserve measure (AB Lietuvos Energija)
European Commission - DG COMP (Brussels)
Belgique 1333 contributions 2811671 visites
State aid: Commission opens in-depth investigation into Lithuanian electricity strategic reserve measure* The European Commission has opened an in-depth investigation to assess whether Lithuanian support to energy company AB Lietuvos Energija in the context of a strategic reserve measure may (...)

Procedures

 The US District Court for the Northern District of Texas dismisses the first blockchain antitrust case for alleged abuse of dominance position related to bitcoin (Gallagher / The Bitcoin Foundation)
Stanford University
États-Unis 8 contributions 18255 visites
We often talk about “history books” as if such things still existed, or mattered. Oh well, for what it’s worth, let me discuss the first (U.S.) case of blockchain antitrust. We long thought United American Corp. v. Bitmain was the one (read). In this case (filed in December 2018), United (...)

The US Supreme Court declines to overrule the principle of deference to agencies’ interpretations of their regulations but clarifies limitations on its scope (Kisor / Wilkie)
Sullivan & Cromwell (New York)
États-Unis 1 contribution 28 visites
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Sullivan & Cromwell (New York)
États-Unis 1 contribution 28 visites
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Sullivan & Cromwell (New York)
États-Unis 2 contributions 1671 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Summary Today, the U.S. Supreme Court released a highly anticipated decision addressing the question of whether to overrule Auer v. Robbins, which generally (...)

The US Supreme Court issues a decision limiting the circumstances under which a federal agency may be compelled to disclose the confidential information received by the agency, from a private party (Food Marketing Institute / Argus Leader Media)
Cleary Gottlieb Steen & Hamilton (Hong Kong)
Hong Kong 1 contribution 255 visites
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Cleary Gottlieb Steen & Hamilton (Washington)
États-Unis 2 contributions 491 visites
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Amazon (Washington)
États-Unis 3 contributions 766 visites
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On June 24, 2019, the Supreme Court of the United States issued an important decision limiting the circumstances under which a federal agency may be compelled to disclose “confidential” information the agency received from a private party, and which the agency seeks to withhold under the (...)

The Spanish Court of Appeals in Murcia confirms that the defendant in a case opposing manufacturers of motor vehicles lacks legal standing (Trucks Cartel / Man Services España)
Clifford Chance (Madrid)
Espagne 11 contributions 248 visites
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Pérez-Llorca (Barcelona)
10 contributions 230 visites
Brief summary of facts The European Commission sanctioned a European trucks cartel in 2016. The Commercial Court n°1 of Murcia concluded that the defendant lacked legal standing because it had not been identified in the Commission Decision and it had not been proven that the defendant (...)

The Japanese FTC takes note of a newly passed bill which will expand the leniency scheme and fines under the Anti-Monopoly Act
White & Case (Tokyo)
Japon 21 contributions 3369 visites
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White & Case (Tokyo)
Japon 20 contributions 3275 visites
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White & Case (Tokyo)
Japon 21 contributions 3369 visites
The bill to amend the Anti-Monopoly Act (the "AMA"), that includes reform of leniency system, has passed on June 19, 2019. New leniency system will be effective no later than from December 25, 2020. After the bill becomes effective, the leniency system will be reformed, including that a (...)

The German Regional Court of Munich determines that a parent and subsidiary cannot be sued for cartelisation for lack of standing, the parent due to privity of contract and the subsidiary because the liability of the parent cannot transfer to the subsidiary (Firetruck Cartel)
Hogan Lovells (Munich)
Allemagne 65 contributions 25040 visites
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Hogan Lovells (Munich)
Allemagne 39 contributions 4310 visites
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Hogan Lovells (Munich)
Allemagne 34 contributions 1333 visites
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Brief summary of facts The defendants produce fire engines and superstructures for fire engines; the second defendant is the subsidiary company of the first defendant. Claimant bought a fire engine from the subsidiary in 2010 and two vehicles from the parent company in 2008 and 2010. The (...)

The Finnish Ministry of Economic Affairs amends the merger control procedure and the inspection provisions
Hannes Snellman (Helsinki)
Finlande 23 contributions 3003 visites
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Bird & Bird (Helsinki)
Finlande 14 contributions 1088 visites
The key amendments concern inspections carried out by the Finnish Competition and Consumer Authority ("FCCA") and the merger control procedure. The inspection provisions were amended to allow the FCCA to conduct searches within temporary copies of inspection data at its own premises instead of (...)

The OECD holds a roundtable on the standard of review by courts in competition cases
OECD - Competition Division (Paris)
France 313 contributions 1366886 visites
Review by the courts of the enforcement of competition law ensures that the enforcement process and decisions are lawful, the parties’ rights are observed and competition authorities’ discretion is defined. Parties should have access to impartial review of decisions by an independent (...)

Regulatory

 The French Parquet National Financier and the Anti-Corruption Agency publish procedural guidelines on the steps that need to be taken by companies that wish to enter into deferred prosecution agreements
Dechert (Paris)
France 1 contribution 531 visites
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Dechert (London)
Royaume-Uni 1 contribution 531 visites
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Dechert (London)
Royaume-Uni 1 contribution 531 visites
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Navigating French Internal Investigations and Self-Reporting - French Authorities Issue New Guidance* France is off to a strong start enforcing Sapin II, its December 2016 anti-corruption legislation. Since the enactment of the statute, the lead French investigating and prosecuting agencies, (...)

The Luxembourg Parliament studies a draft bill that will allow for court-ordered injunctions against companies’ geo-blocking practices
Arendt & Medernach (Luxembourg)
Luxembourg 56 contributions 109912 visites
Since 3 December 2018, EU Regulation 2018/302 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market has been directly effective in the European Union. It expressly (...)

The US President signs executive order instructing the national healthcare regulator to require hospitals to publicly disclose their negotiated rates for services
Jones Day (Detroit)
1 contribution 23 visites
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Jones Day (San Francisco)
États-Unis 1 contribution 23 visites
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Jones Day (Colombus)
États-Unis 1 contribution 23 visites
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. A Dramatic Shift in Health Care Pricing Transparency In short: The Issue: On June 24, 2019, President Trump signed an executive order, which instructed the (...)

The Australian Competition Authority publishes draft guidelines on the application of competition laws to IP rights following the removal of the exception with particular significance for the pharmaceutical and life sciences sectors
Norton Rose Fulbright (Sydney)
Australie 1 contribution 51 visites
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White & Case (Sydney)
Australie 4 contributions 1037 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction Conditions attached to the licensing or assignment of intellectual property (IP) have benefited from an exception to certain provisions of the (...)

The Turkish Competition Authority grants an exemption to an electronic refuel and information system bringing together fuel distributors and end-users in a two-sided market (Platform Aracılık / Danışmanlık)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 168 contributions 80978 visites
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Kia (Frankfurt)
Allemagne 6 contributions 2856 visites
Background The Turkish Competition Board (“Board”) has recently published its reasoned decision on an exemption application by Platform Aracılık ve Danışmanlık Ltd. Şti. (“Platform Aracılık”) regarding its sample agreements (hereinafter referred to as the “Agreement”) with five fuel (...)

The Chinese Cyberspace Administration issues new measures for security assessment for cross-border transfer of personal information
King & Wood Mallesons (Beijing)
Chine 36 contributions 23172 visites
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King & Wood Mallesons (Beijing)
Chine 1 contribution 70 visites
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King & Wood Mallesons (Beijing)
Chine 1 contribution 70 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. I. Background Early on the morning of June 13, 2019, Cyberspace Administration of China (“CAC”) issued the Measures for Security Assessment for Cross-border (...)

The OECD holds a roundtable on the digital disruption in financial markets
OECD - Competition Division (Paris)
France 313 contributions 1366886 visites
The financial sector has been the object of many innovations in recent years, with significant impact on consumers and on regulation. Retail banking is no longer solely branch-based, but can be conducted in many ways, including using mobile telephones. Banks have had to adapt their business (...)

The OECD holds a roundtable on the licensing of IP rights and competition law
OECD - Competition Division (Paris)
France 313 contributions 1366886 visites
IP rights, which create temporary exclusive rights that protect investments in research and some creative activities, have taken on an increasingly prominent and extensive role in economic activity – and in market competition as well. As the economy digitalises and the importance of intangible (...)

The OECD holds a roundtable on competition issues in labour markets
OECD - Competition Division (Paris)
France 313 contributions 1366886 visites
A recent fall in the labour share of income has helped fuel rising inequality and populist demand for dramatic reform of competition law. While these pushes cannot find an immediate response in competition law enforcement, they have stirred a debate within the competition community on (...)

International

 Spain: The Spanish Supreme Court finds that the joint proposal, submitted by several cotton ginning companies to the public administration, to include in a Royal Decree a limitation of the subsidies to certain companies does not breach competition rules, insofar as there is no sign of fraud or deceit in the information submitted to the authorities (Eurosemillas, Algodonera del Sur, Agrupación Española de Desmotadora de Algodón)
Baker McKenzie (Madrid)
Espagne 33 contributions 25235 visites
In three recently issued judgments the Spanish Supreme Court reduced the fines imposed by the Spanish Competition Authority (CNMC) on eight undertakings active in the cotton ginning sector after excluding from the single and continuous infringement the conduct consisting of market foreclosure (...)