March 2015

Anticompetitive practices

 The Russian Competition Authority opens an inquiry concerning vertical practices on the retail chain market (Perekryostok)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55681 visits
An antimonopoly case against “Perekryostok” retail chain* The Office of the Federal Antimonopoly Service in St Petersburg (St Petersburg OFAS Russia) initiated a case against “Perekryostok” Retail Chain” CJSC. Upon inspecting contractual practices between suppliers of socially important (...)

The French Competition Authority issues an opinion concerning the cooperation agreements in the food retail sector
French Competition Authority (Paris)
France 739 contributions 394063 visits
Joint purchasing agreements in the food retail sector* The Autorité de la concurrence issues an opinion in which it proposes a grid for the general analysis of risks arising from the cooperation agreements recently concluded and provides recommendations CONTEXT Cooperation agreements (...)

The US Supreme Court hears arguments before the decision on whether post-expiration license royalty obligations are caught in the web of patent policies or antitrust analysis (Kimble / Marvel)
Constantine Cannon (Washington)
États-Unis 4 contributions 1685 visites
Supreme Court Seeks To Untangle Patent And Antitrust Principles Caught In Spider-Man’s Web* The Supreme Court heard oral argument today on whether litigation over a toy based on Spider-Man’s web should be used to vanquish a 50-year-old precedent precluding patent owners from collecting (...)

The Japanese Competition Authority changes partially its guidelines concerning distribution systems and business practices
Japan Fair Trade Commission (Tokyo)
Japan 132 contributions 23782 visits
Partial amendments of the “Guidelines concerning distribution systems and business practices under the Antimonopoly Act”* 1. On the basis of the “Implementation Plan for Regulatory Reform” (June 24, 2014, The Cabinet Decision) (hereinafter the “Plan”), in order to make clarifications to be (...)

The Italian Competition Authority imposes a fine for anticompetitive agreement to two of the most important Italian companies in the insurance industry (Generali Italia / UnipolSai Assicurazioni)
Queen Mary University of London
Royaume-Uni 8 contributions 4290 visites
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University Tor Vergata (Rome)
Italie 1 contribution 753 visites
On the 30th of March 2015 the Italian Competition Authority (the “Authority”) imposed a fine to Generali Italia S.p.A. (“Generali”) and UnipolSai Assicurazioni S.p.A. (“UnipolSai”) for an anticompetitive agreement that was entered into against companies that were in charge of public transport (...)

A U.S. District Court rejects an antitrust claim for lack of standing (Spinelli / NFL)
Patterson Belknap Webb & Tyler (New York)
États-Unis 2 contributions 370 visites
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Patterson Belknap Webb & Tyler (New York)
États-Unis 2 contributions 346 visites
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Patterson Belknap Webb & Tyler (New York)
États-Unis 5 contributions 1274 visites
Court Sacks Photographers’ Antitrust Claims Against the NFL and its Member Teams* Allegations of conspiracy to restrain trade and exclusive dealing may read like textbook antitrust claims, but if the allegations are made by a plaintiff who is not an “efficient enforcer” of the antitrust (...)

The French Competition Authority imposes fines on three millers for cartel in the market of flour sold to craft bakeries (Axiane Meunerie / Minoteries Cantin / Grands Moulins de Strasbourg)
French Competition Authority (Paris)
France 739 contributions 394063 visits
The Autorité de la concurrence fines 3 millers for anticompetitive agreements on increases in the price of flour sold to craft bakeries.* The Autorité de la concurrence issues today a decision whereby it fines Axiane meunerie, Minoteries Cantin and Grands Moulins de Strasbourg a total of (...)

The Mexican Competition Authority opens an investigation concerning the national market for the production, distribution, and merchandising of eggs
Mexican Competition Authority (Mexico City)
Mexique 133 contributions 25936 visites
COFECE opens investigation into the egg market* Mexico City, March 26th 2015. – Through its website, the Federal Economic Competition Commission’s (COFECE) Investigation Authority publicly announced the extract of its ex-officio initiation decision under file number IO-004-2015 concerning (...)

The Japanese Competition Authority issues a cease and desist order against manufacturers and installers of country elevators and rice milling facilities for bid-rigging (ZEN-NOH)
Japan Fair Trade Commission (Tokyo)
Japon 132 contributions 23782 visites
The JFTC issued cease and desist orders and surcharge payment orders to the participants in bidding for the country elevator works and the rice milling facility works ordered by the agricultural cooperatives， etc* The Japan Fair Trade Commission (JFTC) today issued the cease and desist (...)

The EU Commissioner in charge of competition policy announces a potential inquiry in the e-commerce sector
Ian Forrester Consulting
Belgique 23 contributions 31336 visites
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Allen & Overy (Hamburg)
Allemagne 7 contributions 18359 visites
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White & Case (Brussels)
Belgique 57 contributions 57186 visites
On 26 March 2015, the European Commissioner in charge of competition policy, Margrethe Vestager, announced a potential competition inquiry in the e-commerce sector. According to the Commission, the proposed inquiry is aimed at identifying and resolving cross-border barriers to e-commerce in (...)

A US District Judge finds that plaintiffs’ allegations can be sufficient to support their antitrust claim even if they failed to adequately define a cognizable market (Aluminum Warehousing)
Siemens (New York)
États-Unis 21 contributions 7589 visites
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Cleary Gottlieb Steen & Hamilton (New York)
États-Unis 4 contributions 662 visites
In re: Aluminum Warehousing: Cats Live for Another Day* On March 26, 2015, U.S. District Judge Katherine Forrest of the Southern District of New York, in a very colorful decision that metaphorically describes the plaintiffs as cats trying to locate a “rat” in the world of aluminum (...)

The Moscow Arbitration Appeal Court confirms that an undertaking and its retailers have concluded an anticompetitive vertical agreement (Vyazma Machine-Building Works)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55681 visites
Appeal Court confirmed legitimacy of FAS decision on a case on prohibited “vertical” agreements* On 26 March 2015, the 9th Arbitration Appeal Court dismissed appeals of “Vyazma Machine-Building Works” OJSC (“VMZ” OJSC) and its dealers to abolish the judgment of Moscow Arbitration Court (1). (...)

The Italian Competition Authority fines eight ready-mix concrete manufacturers for two cartels and applies its new fining guidelines (Intermodale / General Beton Triveneta / Calcestruzzi / SuperBeton)
Studio Legale Scoccini (Rome)
Italy 13 contributions 6109 visits
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Il Sole 24 Ore (Milan)
Italie 3 contributions 1471 visites
On 25 March 2015, the Italian Competition Authority (ICA) fined eight ready-mix concrete manufacturers. The ICA imposed penalties of more than EUR12.5 million as a result of establishing price fixing and market allocation in the Friuli Venezia Giulia (FVG) region. The investigation was (...)

The Italian Competition Authority fines two cartels in ready-mix concrete sector (Intermodale / General Beton Triveneta / Calcestruzzi / SuperBeton)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217897 visits
ICA Fines two Cartels in Ready-Mix Concrete Sector* On 25 March 2015, the Italian Competition Authority (ICA) found that eight ready-mix concrete manufacturers and a consultancy firm infringed Article 101 TFEU by operating two price fixing and market allocation agreements in several areas in (...)

The EU Court of Justice decides that the General Court was correct in finding that the exchange of pre-pricing information was a restriction of competition by object under Art. 101 TFEU (Dole)
Simmons & Simmons (London)
United Kingdom 19 contributions 4764 visits
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Agoda
12 contributions 4161 visites
Appeal in banana cartel results in confirmation that the analysis of bilateral information exchange as an object infringement by Commission and General Court was correct. In Brief In its judgment on 19 March 2015, the Court of Justice of the European Union (ECJ) concluded that Dole’s (...)

The EU Court of Justice considers that the bilateral exchange of pre-pricing informations to a concerted practice with the object of restricting competition is an anticompetitive practice (Dole)
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71613 visits
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Herbert Smith Freehills (London)
United Kingdom 59 contributions 21008 visits
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In its ruling of 19 March 2015 (Case C-286/13P) relating to the banana cartel, the Court of Justice of the EU (CJEU) dismissed the appeal by banana importer (...)

The UK Competition Authority fines an association of estate and lettings agents, three of its members, and a newspaper publisher for implementing an anticompetitive agreement following settlement proceedings (Castles / Hamptons International / Waterfords)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95208 visites
Companies fined over £775,000 in CMA investigation into advertising of agents’ fees* An association of estate and lettings agents in Hampshire, three of its members and a newspaper publisher have admitted breaching competition law and have agreed to pay penalties totalling over £775,000. (...)

The Norwegian Court of Appeals upholds that a joint bid submitted under a public tender constituted an anti-competitive agreement by object (Ski Taxi / Follo Taxisentral / Ski Follo Taxidrift)
Haavind (Oslo)
Norvège 5 contributions 1583 visites
Joint bid labelled ‘by object’ infringement* Appeals court upheld decision against local taxi cooperatives’ bidding consortium In a judgment of 17 March 2015, Borgarting appeals court in Oslo upheld the Norwegian Competition Authority’s decision against two local taxi cooperatives and a (...)

The US Supreme Court clarifies the application of the foreign trade antitrust improvement act (Motorola / AU Optronics)
Wolters Kluwer (Riverwoods)
United States 78 contributions 38896 visits
Supreme Court Has Opportunity to Clarify Application of Foreign Trade Antitrust Improvements Act* Last week, the U.S. Supreme Court was asked, in parallel petitions, to resolve a split between the Seventh Circuit and the Ninth Circuit on the application of the federal antitrust laws to a (...)

The US DOJ and the New York State Office of the Attorney General settle with tour bus operators, requiring them to pay $7.5 million for implementing barriers to entry (Coach / City Sights / Twin America)
STOP - Surveillance Technology Oversight Project (New York)
États-Unis 2 contributions 1717 visites
NYC Sightseeing Companies Settle with Federal and State Authorities* On March 17, 2015, two New York City-based tour bus operators agreed to settle allegations that they conspired to monopolize New York’s hop-on, hop-off sightseeing market between 2009 and 2015. Coach USA Inc. (“Coach”), (...)

The Hellenic Competition Commission examines whether tobacco manufacturers impede competition in the market of tobacco distribution (Papastratos Cigarette Manufacturing Company, British American Tobacco Hellas)
Hellenic Competition Commission (Athens)
Grèce 126 contributions 17165 visites
Investigation of complaints by tobacco distributors against tobacco manufacturers and review of proposed commitments by tobacco manufacturers to meet competition concerns expressed to them by the HCC in its preliminary assessment* The Hellenic Competition Commission (HCC), in plenary, will (...)

The French Competition Authority imposes fines on several producers of fresh dairy for cartel (Yoghurt cartel)
French Competition Authority (Paris)
France 739 contributions 394063 visits
Cartel in the fresh dairy products sector (yoghurts, fromages blancs, milk-based desserts, etc.)* The Autorité de la concurrence fines €192.7 million an anticompetitive agreement on dairy products sold under retail private labels The Autorité issues today a decision in which it finds the (...)

The French Competition Authority imposes a €192.7 million fine on yoghurt producers for a cartel regarding retailer-branded dairy products (Yoghurt cartel)
European Commission - DG COMP (Brussels)
Belgique 4 contributions 1855 visites
Background Between 2007 and 2009, milk producers faced a severe crisis due to strong variations in the price at which they could produce milk. This impacted input prices for dairy products producers in France, most of which are bound by purchase agreements with milk producers. Sales to (...)

The French Competition Authority sanctions an anti-competitive agreement on dairy products sold under retailers’ private labels (Yoghurt cartel)
HeplerBroom (Saint Louis)
États-Unis 2 contributions 300 visites
This article presents an analysis of the manner in which France’s Competition Authority built a case against France’s yogurt cartel, with a particular focus on the primary documents that proved the elements of the conspiracy. Changing creameries : A look inside France’s yogurt cartel In (...)

The French Competition Authority fines an anti-competitive agreement concerning dairy products sold under retailers’ private labels (Yoghurt cartel)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217897 visits
French Competition Authority Imposes € 192.7 Million in Fines for Anti-competitive Agreement Concerning Dairy Products Sold under Retailers’ Private Labels* The Autorité de la concurrence (the Autorité) issued on 12 March 2015 a decision finding 10 dairy producers guilty of entering into an (...)

The Russian Competition Authority fines once more several cartellists for failure to pay administrative fines (Okeanrybflot)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55681 visites
Unwillingness to pay results in new fines* The Federal Antimonopoly Service (FAS Russia) opened administrative proceedings against “Okeanrybflot” OJSC, “Ostrov Sakhalin” CJSC and “Polluks” Ltd. According to the Antimonopoly Service, the companies failed to pay administrative fines (Part 1 (...)

The Ontario Superior Court of Justice finds nine defendants not guilty on 60 charges of bid-rigging and conspiracy to rig bids (Durward)
Stikeman Elliott (Ottawa)
Canada 2 contributions 383 visites
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Competition Bureau Canada (Ottawa)
Canada 1 contribution 176 visites
Canada’s Competition Bureau loses major bid-rigging case: 60 not guilty verdicts* In a further blow to the track record of the Competition Bureau and the Public Prosecution Service of Canada in contested criminal trials, on April 27, 2015, a jury in the Ontario Superior Court of Justice (...)

The Russian President signs an amendment introducing changes to the Criminal Code on antitrust violations
Siemens (New York)
États-Unis 21 contributions 7589 visites
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Cleary Gottlieb Steen & Hamilton (New York)
États-Unis 4 contributions 662 visites
Russia Amends Criminal Code on Antitrust Violations* Russia has amended its criminal code on cartels, signaling a major change in antitrust law enforcement. On March 8, 2015, President Vladimir Putin signed a Federal Law “introducing changes to Article 178 of the Criminal Code of the (...)

A US District Court rules that it could assume the umbrella theory of antitrust injury is viable for the purposes of determining whether the plaintiffs are entitled to a preliminary injunction (Boardman / Pacific Seafood)
BakerHostetler (Washington)
États-Unis 2 contributions 314 visites
Oregon Federal Court Weighs In on Disputed Umbrella Theory of Damages* An Oregon federal court recently relied on the so-called umbrella theory of damages to decide that the plaintiffs had an antitrust injury necessary to pursue an injunction. While this decision has garnered attention for (...)

The EU Court of Justice holds that parent companies may be fined for repeated infringements even without being an addressee of the earlier decisions (Versalis)
White & Case (Brussels)
Belgique 38 contributions 65498 visites
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Ian Forrester Consulting
Belgique 23 contributions 31336 visites
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White & Case (Brussels)
Belgique 57 contributions 57186 visites
On 5 March 2015, the European Court of Justice (CoJ) handed down its judgment in Versalis , concerning the increasing of fines for antitrust infringements where a company is found to be a repeat offender. The judgment raises important questions about the respect for the rights of defence in EU (...)

The Spanish Competition Authority fines forty five car dealer companies for a cartel in the car distribution market (Toyota / Hyundai / Opel...)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46105 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22000 visits
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Callol, Coca & Asociados (Madrid)
Espagne 61 contributions 3920 visites
The National Markets and Competition Commission (NMCC) has imposed fines totalling EUR 9 m to 45 car dealer companies operating in the country’s car distribution market for an infringement of Article 1 of the Spanish Competition Act (SCA) (Decisions of 5 March 2015, files S/0486/13, S/0488/13 (...)

The Lithuanian Supreme Administrative Court reduces fine in the shipbrokers cartel case (Lithuanian Shipbrokers Association)
ESG Legal (Vilnius)
Lituanie 13 contributions 8212 visites
On 4 March 2015, Lithuanian Supreme administrative Court issued the second decision in the Lithuanian Shipbrokers and Agents Association cartel case. In 2011, the Competition Council of the Republic of Lithuania fined the Lithuanian Shipbrokers and Agents Association (the Association) and 32 (...)

The Lithuanian Supreme Administrative Court upholds Competition Council’s cartel decision in the shipping sector (Lithuanian Shipbrokers and Agents Association)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217897 visits
Court Upholds Competition Council’s Cartel Decision in Shipping Sector* On 4 March 2015, the Supreme Administrative Court confirmed that the Lithuanian Shipbrokers and Agents Association (the Association) and 32 Association members had concluded an anti-competitive agreement. On 8 December (...)

The Spanish Competition Authority fines exchange of strategic information in the dairy industry (Danone / Lactalis Iberia / Nestlé)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217897 visits
CNMC Imposes Fines of € 88 000 000 in Dairy Industry* On 3 March 2015, the Comisión Nacional de los Mercados y la Competencia (CNMC) fined nine companies and two sectoral associations that operate in the raw cow’s milk supply market in Spain a total amount of € 88.2 million for a breach of (...)

The Austrian Cartel Court fines a mineral waters supplier for vertical agreements fixing prices (Vöslauer Mineralwasser)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217897 visits
Fine for Vertical Agreement in Non-alcoholic Beverages Sector* On 3 March 2015, upon application of the BWB, the Cartel Court imposed a € 653 775 fine on Vöslauer Mineralwasser AG for vertical agreements fixing prices (RPM) with several retailers from January 2007 to December 2012 in the (...)

The Slovakian Competition Authority publishes document on its priority setting about vertical agreements restricting competition by object
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217897 visits
AMO Publishes Document on its Priority Setting with Regard to Vertical Agreements Restricting Competition by Object ("Hard-Core Restrictions")* On 1 March 2015, the Antimonopoly Office (AMO) issued a document on vertical agreements with the aim to inform companies of its priority setting (...)

Unilateral Practices

 The Canadian Competition Authority holds that the exit of a dominant firm from the relevant market does not end the abuse of dominance claim (Direct Energy)
Conzen O’Connor (Toronto)
23 contributions 5058 visites
Not out of hot water: Direct Energy’s exit does not end abuse case* Direct Energy’s exit from the hot water heater rental market did not turn down the heat from the Commissioner The exit of a respondent in an abuse of dominance case does not mean the case cannot continue, the Competition (...)

The Italian Competition Authority imposes a fine for abuse of dominance to one of the most important undertakings in the aviation industry in Italy (Società Esercizi Areoportuali)
Queen Mary University of London
Royaume-Uni 8 contributions 4290 visites
On the 25th of March 2015 the Italian Competition Authority (the “Authority”) fined SEA – Società Esercizi Areoportuali S.p.A. (“SEA”) for abuse of dominant position due to anticompetitive conducts that were carried out against Cedicor Sociedad Anonima (“Cedicor”) within the context of a (...)

The Mexican Competition Commission accepts the remedies proposed by a dominant association in the market of the production of avocados (APEAM)
Mexican Competition Authority (Mexico City)
Mexique 133 contributions 25936 visites
COFECE Resolution Will Allow Haas Avocado Exportation to the U.S.A. for all Packers in Mexico* • The APEAM agreed to eliminate anticompetitive practices that imposed barriers on Hass avocado exports to the U.S.A. • COFECE will survey the APEAM’s strict compliance with proposed remedies. (...)

The Hungarian Competition Authority imposes fines on a retailer for abuse of dominance (Auchan)
Hungarian Competition Authority (Budapest)
Hungary 92 contributions 18970 visits
More than 1 billion HUF fine on Auchan for abusing its significant market power* The Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) in its decision on 23 March 2015 imposed a total fine of 1.061.300.000 HUF (3.6 million Euro) on Auchan Magyarország Kft. for infringing Act (...)

The Portuguese Competition Authority converts into mandatory conditions the commitments proposed by a car manufacturer in the market of motor vehicle warranties (Peugeot)
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28715 visites
The PCA converts into mandatory conditions the commitments presented by Peugeot Portugal regarding motor vehicle warranties* The Portuguese Competition Authority (PCA) converts into mandatory conditions all the commitments presented by Peugeot Portugal Automóveis, S.A. (Peugeot), in order to (...)

The US Court of Appeals for the Sixth Circuit formulates a more rigorous analytical framework to separate anticompetitive price bundles from bundles that simply indicate vigorous competition (Collins Inkjet / Eastman Kodak)
BakerHostetler (Washington)
États-Unis 3 contributions 1850 visites
Fit to Be Tied: Appeals Court Redefines Tying Arrangements Based on Bundled Pricing* Corporate antitrust compliance programs often spotlight the dangers of tying arrangements. Those risks arise when a seller with a dominant position in one product coerces its customers by offering that (...)

The US Court of Appeals for the Sixth Circuit applies cost screen to tying by differential pricing (Collins Inkjet / Eastman Kodak)
Dechert (San Francisco)
États-Unis 26 contributions 8968 visites
Sixth Circuit Applies Cost Screen to Tying by Differential Pricing* In Collins Inkjet Corp. v. Eastman Kodak Co., No. 14-3306 (6th Cir. March 16, 2015), the U.S. Court of Appeals for the Sixth Circuit held that differential pricing – charging more for one product when the customer does not (...)

The Lisbon Appeal Court confirms €2.7 million fine for discriminatory pricing under the national equivalent of Art. 102 TFEU and revolutionizes access to information for third parties (Sport TV)
University of Lisbon
Portugal 18 contributions 10568 visites
On 11 March 2015, the Lisbon Appeal Court (LAC) rejected all arguments put forward by the appellant and confirmed the judgment of the Competition, Regulation and Supervision Court (CSRC) of 4 June 2014, which had, in turn, confirmed (with a reduction of the fine, from 3.7 to 2.7 million EUR) (...)

The Lisbon Court of Appeal upholds the decision of the Portuguese Competition Authority against a sports channel for abuse of dominance in the market of conditional-access premium sports TV channels (Sport TV)
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28715 visites
Portuguese Competition Authority’s decision against Sport TV confirmed by the Lisbon Court of Appeal* The Lisbon Court of Appeal confirmed the Portuguese Competition Authority’s (PCA) decision against Sport TV for abusing its dominant position in the market of conditional-access premium (...)

The Canadian Competition Bureau takes car rental companies to court for misinformation and unattainable advertised prices (Avis / Budget)
Affleck Greene McMurtry (Toronto)
Canada 5 contributions 988 visites
Why Car Rentals Cost More Than Advertised: Avis and Budget Taken To Task By Competition Bureau* Canada’s Competition Bureau is accusing Avis and Budget of misleading consumers into thinking their rental car prices are lower than they actually are. The Bureau claims that prices are much (...)

The Hague District Court dismisses excessive pricing claim against former legal monopolist publisher (Stichting SDU Gedupeerden / SDU Uitgevers)
FedEx (Memphis)
États-Unis 1 contribution 283 visites
On 4 March 2015, the The Hague district court ruled on an excessive pricing claim brought against SDU, a former legal monopolist and a publisher of government and company information . Applying the United Brands test, the district court finds that neither the price-cost limb nor the price (...)

The German Competition Authority prohibits the operator of factory outlet center to use radius clauses, equivalent to non-compete clauses, in its lease contracts if these extend beyond a 50 km air radius and a term of five years (VR Franconia)
German Competition Authority (Bonn)
Germany 447 contributions 113534 visits
Bundeskartellamt prohibits non-compete clauses imposed on tenants in factory outlet center* The Bundeskartellamt has prohibited the operator of Wertheim Village Factory Outlet Center, VR Franconia GmbH, from using so-called radius clauses in its lease contracts with brand product (...)

The US District Court for the District of Maryland upholds an antitrust action against a patent troll (Intellectual Ventures / Capital One)
Rutgers University (New Brunswick)
United States 26 contributions 24777 visits
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On March 2, 2015, Judge Paul W. Grimm of the U.S. District Court for the District of Maryland offered a wide-ranging analysis of antitrust claims against the (...)

Mergers

 The Competition Commission of India imposes a structural remedy while approving an acquisition agreement between two multinational cement firms (Holcim / Lafarge)
Department of Economics, Delhi School of Economics
Inde 8 contributions 2582 visites
In a recent decision (technically known as an ‘Order’), delivered on 30 March 2015, the Competition Commission of India (CCI) approved an agreement whereby the multinational cement manufacturer Holcim would acquire all the outstanding shares of another large cement multinational, Lafarge. (...)

The Competition Commission of India approves a merger subject to remedies between two global players in the business of manufacture and retail of cement (Holcim / Lafarge)
Sarvada Legal (New Delhi)
7 contributions 1594 visits
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Sciences Po (Paris)
France 3 contributions 670 visites
Introduction Following one year of rigorous investigation and review process, the Competition Commission of India (CCI) approved the Holcim-Lafarge merger on 30 March, 2015 . CCI granted the final approval subject to the incorporation of certain remedies to the proposed merger. The merger (...)

The EU Commission conditionally clears a merger following an in-depth investigation (Zimmer / Biomet)
European Commission - DG COMP (Brussels)
Belgique 2 contributions 449 visites
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UK Competition & Markets Authority - CMA (London)
Royaume-Uni 2 contributions 3118 visites
Introduction On 30 March 2015, the European Commission conditionally cleared Zimmer’s acquisition of Biomet, following an in-depth investigation. Zimmer and Biomet are two of the five leading competitors in the medical implants industry. The transaction was initially notified on 3 June (...)

The COMESA board of commissioners approves new set of Amended Merger Rules
Primerio (Washington)
United States 47 contributions 10391 visits
Finally: One step forward for COMESA Merger enforcement? New rules, new commissioners* Clarification or not? Amended rules for merger notification Repealing the oft-criticised original 2012 Rules on the Determination of Merger Notification Threshold, the COMESA Board of Commissioners (...)

The Council of Ministers of the Common Market for Eastern and Southern Africa adopts an amendment to the COMESA competition rules on the determination of merger notification thresholds
European Commission - DG COMP (Brussels)
Belgique 6 contributions 6885 visites
Updated Merger Filing Rules in COMESA* The Council of Ministers of the Common Market for Eastern and Southern Africa (“COMESA”) has adopted an amendment to the COMESA Competition Rules on the Determination of Merger Notification Thresholds. Companies now have greater clarity as to when they (...)

The COMESA Council of Ministers adopts amendments to merger control rules
Simmons & Simmons (London)
United Kingdom 19 contributions 4764 visits
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Agoda
12 contributions 4161 visites
New filing thresholds, guidance on calculating them, a reduction in fees and the introduction of a Notification Form agreed at COMESA summit. In Brief: On 09 April 2015, the COMESA Competition Commission announced that the COMESA Council of Ministers had adopted several amendments to the (...)

The COMESA Council of Ministers adopt amendments to their supranational merger control regime
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71613 visits
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Herbert Smith Freehills (London)
United Kingdom 13 contributions 3522 visits
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The supranational merger control regime of the Common Market for Eastern and Southern Africa ("COMESA") has been fully operational since 14 January 2013. The (...)

The UK Competition Authority clears provisionally a merger in the insurance sector (Xchanging / Agencyport)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95208 visites
CMA PROVISIONALLY CLEARS SPECIALIST INSURANCE MERGER* The CMA has provisionally cleared the completed acquisition by Xchanging of certain companies comprising all of the European operations of Agencyport. Xchanging plc (Xchanging) and Agencyport Software Group (Agencyport) supply (...)

The German Competition Authority clears a partial acquisition in the market of the production and repair armoured vehicles (Diehl Defence Land Systems / Krauss-Maffei Wegmann)
German Competition Authority (Bonn)
Germany 447 contributions 113534 visits
Bundeskartellamt clears partial acquisition of Diehl Defence Land Systems GmbH by Krauss-Maffei Wegmann* In the first phase of merger control the Bundeskartellamt has cleared the planned acquisition of a part of Diehl Defence Land Systems GmbH, Freisen, by Krauss-Maffei Wegmann GmbH & (...)

The Portuguese Competition Authority declares the extinction of the merger proceedings following an in-depth investigation in the field of outdoor advertising (JCDecaux / Cemusa)
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28715 visites
The PCA declared the extinction of the proceedings of the JCDecaux/Cemusa merger* On March 19, 2015, the Portuguese Competition Authority (PCA) declared the extinction of the merger proceedings concerning the acquisition of sole control of Cemusa by JCDecaux, in the field of outdoor (...)

The Latvian Competition Authority imposes fines on fuel dealers for the late notification of a merger (LUKoil Baltija R / Akselss)
Latvian Competition Council (Riga)
Latvia 122 contributions 23745 visits
The CC fines Fuel Dealers for Unnotified Merger* On 12 March, the Competition Council (CC) fined fuel dealers – SIA LUKoil Baltija R and SIA Akselss – for not submitting a merger notification timely. Both undertakings secretly operated as one undertaking since December, 2010, while a merger (...)

The US FTC orders an oil company to terminate its storage and throughput rights in a key gasoline terminal sector (Par Petroleum)
McDermott Will & Emery (Paris)
France 134 contributions 65703 visits
On March 18, 2015, the Federal Trade Commission (FTC) ordered Par Petroleum Corporation to terminate its storage and throughput rights at a key gasoline terminal in Hawaii. This action will settle FTC charges seeking to prevent Par’s acquisition of Koko’oha Investments, Inc. Notably, the (...)

The Italian Competition Authority changes the turnover threshold beyond which a merger must be notified
Italian Competition Authority (Rome)
Italie 68 contributions 18258 visites
PRIOR NOTIFICATIONS OF MERGERS AND ACQUISITIONS: UPDATING OF TURNOVER THRESHOLDS* The Competition Authority has resolved that as from 16 March 2015 the thresholds beyond which prior notification must be submitted for all acquisitions and mergers is raised to 492 million euro for the (...)

The US DoJ obtains disgorgement of profits for an illegally consummated merger in the sector of city sightseeing by bus (Coach USA / City Sights / Twin America)
Doyle, Barlow & Mazard (Washington DC)
États-Unis 5 contributions 1501 visites
DOJ Obtains Disgorgement of Profits for Illegally Consummated Merger* On March 16, 2015, the Department of Justice (“DOJ”) and New York State Attorney General announced that they reached a settlement with Coach USA Inc., City Sights LLC and their joint venture, Twin America LLC, to remedy (...)

The US DoJ reaches a settlement with two companies breaking up their joint venture and uses disgorgment remedy in the tour bus market (Coach USA / City Sights / Twin America)
McDermott Will & Emery (Washington)
United States 32 contributions 6541 visits
The U.S. Department of Justice (DOJ) recently reached a settlement with Coach USA Inc. and City Sights LLC, breaking up their joint venture. The DOJ also employed the rarely used remedy of disgorgement to recover $7.5 million in profits from the defendants. This case demonstrates the (...)

The Singaporean Competition Authority takes a provisional decision to block a proposed acquisition in the radiology and imaging services sector (RadLink-Asia / Fortis Singapore)
Allen & Gledhill (Singapore)
Singapour 5 contributions 1537 visites
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Allen & Gledhill (Singapore)
Singapour 5 contributions 1537 visites
On 16 March 2015, the Competition Commission of Singapore (“CCS”) announced that it had taken a provisional decision to block the proposed acquisition of RadLink-Asia Pte Limited (“RadLink”), a wholly owned subsidiary of Fortis Healthcare Singapore Pte. Limited (“Fortis Singapore”) by Medi-Rad (...)

The Hellenic Competition Authority clears an acquisition of sole control of a company in the market of wholesale of super-market goods (Cretan / Marinopoulos)
Kyriakides Georgopoulos (Athens)
Grèce 61 contributions 2238 visites
Acquisition of sole control in CRETAN Retail Management by MARINOPOULOS (HCC 607/2015) As in the SKLAVENITIS/HALKIADAKIS case, this case (March 2015) also involved the super-market sector in Crete. MARINOPOULOS was already present in the Cretan market, whereas CRETAN was also active in the (...)

The Polish Competition Authority clears a merger in the rail freight market (PKP Cargo / Advanced World Transport)
Polish Competition Authority (Warsaw)
Pologne 119 contributions 21687 visites
UOKiK clears PKP Cargo to take over advanced world transport* Poland’s Office of Competition and Consumer Protection (UOKiK) has cleared PKP Cargo, Polish railway freight transport operator, to take over rail freight services provider Advanced World Transport. The Authority’s analysis (...)

The Hellenic Competition Authority clears, following an in-depth investigation, a merger in the market for the production and distribution of beer in Greece (Mythos Brewery / Olympic Brewery)
Hellenic Competition Commission (Athens)
Grèce 126 contributions 17165 visites
The HCC clears the notified merger between Mythos Brewery (a subsidiary of Carlsberg Breweries) and Olympic Brewery * By its unanimous Decision 606/2015, the Hellenic Competition Commission (HCC) approved, on the basis of Art. 8, para. 6 of the Greek Competition Act, the notified (...)

The Swedish Competition Authority decides not to oppose an acquisition in the cheese and dairy industry in phase two, unconditionally (Arla Foods / Atria Sverige)
Klarna (Stockholm)
Suède 9 contributions 1512 visites
The Swedish Competition Authority decided, on 11 March 2015, not to oppose Arla Foods AB’s (“Arla Foods”) acquisition of Atria Sverige AB’s (“Atria”) business in the cheese and dairy industry under the brand “Falbygdens Ost”. Following an in-depth, phase two, investigation the acquisition was (...)

The Italian Competition Authority opens a Phase II proceedings on the hostile takeover bid of a transmission tower provider (EI Towers / Rai Way)
BonelliErede (Rome)
Italie 41 contributions 54003 visites
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Max Planck Institute for Innovation and Competition (Munich)
Italie 11 contributions 4454 visites
In its decision of 10 March 2015, the Italian Competition Authority (the “ICA” or the “Authority”) decided to open Phase II proceedings in relation to the merger notified on 25 February consisting of EI Towers S.p.A.’s (“EI Towers”) hostile takeover bid over 100% of Rai Way S.p.A.’s (“Rai Way” (...)

The EU General Court upholds a Commission’s decision to prohibit a merger of two stock exchanges of financial derivatives (NYSE Euronext / Deutsche Börse)
Ramón y Cajal (Madrid)
Espagne 11 contributions 4133 visites
Background information The ruling of the EU General Court of 9 March 2015 has fully upheld the decision in which the European Commission (the “Commission”) blocked the concentration between NYSE Euronext (“NYX”) and Deutsche Börse. NYX is a U.S holding formed in 2007 through the merger of (...)

The Hellenic Competition Authority clears an acquisition in the same market between a local super-market chain and the largest super-market company (Kronos / Marinopoulos)
Kyriakides Georgopoulos (Athens)
Grèce 61 contributions 2238 visites
Acquisition of sole control of KRONOS N. KARAKITSOS by MARINOPOULOS (HCC 605/2015) In March 2015, the HCC cleared another concentration in the same market between KRONOS a local super-market chain operating in Patras, and the wider Achaia, Peloponnese area and MARINOPOULOS (holder of (...)

The Polish Competition Authority accepts several merger remedies and clears two acquisitions in the sector of grocery stores (Auchan)
Polish Competition Authority (Warsaw)
Pologne 119 contributions 21687 visites
Auchan to implement conditions, Proceed with merger* Poland’s Office of Competition and Consumer Protection (UOKiK) has approved two transactions that will allow Auchan Polska to implement the conditions required for it to proceed with its acquisition of the Real company. Both mergers (...)

The Canadian Competition Authority clears a transaction in the media sector revealing a possible shift in the Authority’s analytical framework for media mergers (TVA Group / Transcontinental)
Stikeman Elliott (Toronto)
Canada 2 contributions 541 visites
MEDIA MERGERS AND THE COMPETITION BUREAU: IS THE MEDIUM THE MARKET? * The rapid growth of digital media in recent years and the simultaneous pressures on traditional media have led to a number of fascinating media transactions in which the Competition Bureau has had to confront the difficult (...)

State Aid

 The EU General Court explains that the fact that undertakings are obliged by law to comply with certain tests does not justify the subsidisation of their costs with public funds (Belgium)
Maastricht University
Belgium 353 contributions 64014 visits
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission finds that Greek tax measures that benefit a container terminal are incompatible with State aid rules (Piraeus / Cosco)
Maastricht University
Belgium 353 contributions 64014 visits
*Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice and General Court explain how to determine whether state guarantees constitute State aid and how much aid is involved (Banco Privado Português)
Maastricht University
Belgium 353 contributions 64014 visits
State Guarantees* The amount of State aid in a guarantee that makes possible the granting of a loan to a well-collateralised firm in difficulty is not the difference in premium but the difference in interest rates. Beneficiaries of guarantees not notified to the Commission do not have any (...)

The EU Court of Justice reminds that a new State guarantee must be notified, and when it is not, its beneficiaries do not have remedies under EU Law (OTP Bank Nyrt / Magyar Állam)
European University Institute (Florence)
Italie 4 contributions 775 visites
*Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission rules that SGEI providers can be compensated in a way that induces them to become more efficient (UK Post Office)
Maastricht University
Belgium 353 contributions 64014 visits
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission agrees that where there is a constitutional division of tax competences, different authorities may tax similar activities at different rates
Maastricht University
Belgium 353 contributions 64014 visits
A National Measure that Does Not Apply at Regional Level Is Not Necessarily Selective* Where there is a constitutional division of tax competences, different authorities may tax similar activities at different rates. Introduction This article examines Commission decision SA.34469 on (...)

The EU Commission closes an investigation regarding a State aid scheme and proves that it will pursue ex post monitoring vigorously (Enterprise Capital Funds)
Maastricht University
Belgique 353 contributions 64010 visites
Ex post Monitoring of a Risk Capital Fund* Ex post monitoring will be pursued vigorously by the Commission. Irregularities in the implementation of State aid measures may lead to the opening of the formal investigation procedure. Introduction This article examines Commission decision (...)

Procedures

 The UK Parliament allows opt-out antitrust class actions with strong safeguards
University of East Anglia (Norwich)
Royaume-Uni 13 contributions 26427 visites
Collective actions after the Consumer Rights Act 2015* On 30 March 2015 the Consumer Rights Act 2015 received Royal assent, introducing opt-out collective actions into UK competition law enforcement. The UK system of private enforcement has long being criticised for being ineffective in (...)

The UK Parliament provides powers for the Competition Authority to approve voluntary redress schemes
University of East Anglia (Norwich)
Royaume-Uni 13 contributions 26427 visites
Why harmed consumers may be more satisfied in the future – the CMA’s new redress scheme* In an earlier blog post I wrote about the new opt-out collective action regime introduced by the Consumer Rights Act 2015. This is not the only measure that is to help consumers and other injured parties (...)

The Italian State Council sheds light on the scope of parties’ right of access to confidential documents held by the Competition Authority for the purpose of their defence in civil proceedings (Esso Italiana)
Legance - Studio Legale (Rome)
Italie 21 contributions 31101 visites
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Chiomenti (Milan)
Italie 2 contributions 545 visites
Introduction By judgment n. 1585/2015 of 25 March 2015, the Italian Council of State (Consiglio di Stato, hereinafter “CoS”), upheld the decision of the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter “ICA”) not to grant Esso Italiana S.r.l. (...)

The Bulgarian Competition Authority adopts an advocacy opinion on the legal framework regulating "must carry" obligations introduced for the purposes of the switchover from analogue to digital terrestrial television
European Commission - DG COMP (Brussels)
Belgique 714 contributions 217897 visites
*Article originally published in ECN Brief 02/2015 (click here), under the title: "CPC Adopts Advocacy Opinion on Digital Terrestrial Television". Please note that the ECN is not the actual author of this article and that the articles published in the ECN Brief are subject to a disclaimer. (...)

The Spanish High Court clarifies rules to calculate deadlines for punishing proceedings initiated by the Competition Authority
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46105 visites
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Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 22000 visites
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Callol, Coca & Asociados (Madrid)
Espagne 61 contributions 3920 visites
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One of the features of the Spanish antitrust procedure is that the NMCC has in principle a limited time frame (18 months) from formal initiation of proceedings, to complete proceedings and issue a final administrative decision on the matter. In March 2015, the High Court held that the method (...)

The Bulgarian Commission on Protection of Competition considers that minimum and maximum prices in the taxi services sector restrict competition
European Commission - DG COMP (Brussels)
Belgique 714 contributions 217897 visites
CPC Recommends Discontinuing Price Regulation for Taxi Services* In an advocacy opinion adopted on 18 March 2015, the Commission on Protection of Competition (CPC) considers that minimum and maximum prices in the taxi services sector restrict competition. It recommends repealing the (...)

The Czech Competition Authority announces that it will recommence dawn raids
Braun (Prague)
République tchèque 5 contributions 1358 visites
The Prohibition on Dawn Raids in the Czech Republic has Ended* Last autumn, the Czech Antitrust Office had announced that it halted its dawn raids. The decision came from – what many felt – was a surprise decision of the European Court of Human Rights in Strasbourg (ECHR) dated 2 October (...)

The UK Competition Appeal Tribunal holds that interveners may be in the same position as appellants, and that the test for admitting new grounds is substantially the same as that for fresh evidence (British Telecommunications / OFCOM)
Blackstone Chambers (London)
Royaume-Uni 5 contributions 735 visites
Fresh grounds and evidence before the CAT* On the face of it, BT was the main winner in this week’s ruling from the Competition Appeal Tribunal: see British Telecommunications plc v Office of Communications [2015] CAT 6. However, the decision, which makes interesting comments on the rights (...)

The Federal Trade Commission revises the Merger rules which implements automatic atay of Administrative litigation when Agency loses preliminary injunction in Court
Jones Day (Washington)
États-Unis 20 contributions 6377 visites
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Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 22 contributions 6663 visites
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États-Unis 23 contributions 11311 visites
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This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. One important procedural difference between merger challenges by the U.S. Department of Justice and the Federal Trade Commission is that FTC may challenge a (...)

The Russian Competition Authority publishes a new order on analyzing the state of competition on the markets
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55681 visites
A new version of FAS Order on analyzing the state of competition on the markets came into effect* On 15 March 2015 came into force No. 33/15 FAS Order “On Introducing Changes to the Procedure for Analyzing the State of Competition on the Markets Approved by No. 220 Order of the Federal (...)

The Bulgarian Competition Authority advocates the removal of unjustified restrictions on the collection of household ferrous scrap
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgarie 20 contributions 2806 visites
CPC Advocates for Removing Unjustified Restrictions on Collection of Household Ferrous Scrap* On 11 March 2015, the Commission on Protection of Competition (CPC) adopted an advocacy opinion on the Waste Management Law (WML), focusing on ferrous scrap (Decision 220). The WML provides that (...)

The Hellenic Competition Commission issues a Notice on the treatment of confidential information of cases and on the submission of the non-confidential version of documents
Hellenic Competition Commission (Athens)
Greece 126 contributions 17165 visits
Commission Notice on the treatment of confidential information of cases and on the submission of the non-confidential version of documents* The Hellenic Competition Commission (HCC) has issued a Notice on the meaning and treatment of confidential information of cases falling within the ambit (...)

The Hellenic Competition Commission issues notice on concept and treatment of confidential information
European Commission - DG COMP (Brussels)
Belgique 714 contributions 217897 visites
*Article originally published in ECN Brief 02/2015 (click here), under the title: "HCC Issues Notice on Concept and Treatment of Confidential Information". Please note that the ECN is not the actual author of this article and that the articles published in the ECN Brief are subject to a (...)