May 2013

Anticompetitive practices

 A US Court of Appeals narrows the state action exemption (North Carolina State Board of Dental Examiners)
Jones Day (Washington)
United States 11 contributions 6369 visits
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Hogan Lovells (Washington)
États-Unis 8 contributions 1316 visites
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Columbia University (New York)
États-Unis 1 contribution 378 visites
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Fourth Circuit Court of Appeals has ruled that North Carolina’s Dental Board cannot ban non-dentists from offering teeth-whitening service, upholding the (...)

The Hungarian Competition Authority discontinues the proceedings concerning the practice of recommended end-user prices contained in contracts with cash-register services providers (ALT CASH)
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 19026 visits
The GVH terminated its proceedings against ALT CASH Kft.* The Hungarian Competition Authority (hereinafter: GVH) terminated the proceedings it had initiated against ALT CASH Kereskedelmi és Szolgáltató Kft. for a suspected infringement of the prohibition of restrictive agreements. Based on (...)

The Canadian Competition Authority makes bid rigging a priority in the enforcement of the Competition Act
Davies Ward Phillips & Vineberg (Toronto)
Canada 21 contributions 3928 visits
Bid-Rigging in Canada: Recent Developments* The Canadian Competition Act prohibits various types of anti-competitive agreements between competitors. For example, it is a criminal offence for competitors to fix prices, allocate markets, and/or restrict output. Civil proceedings can also be (...)

The Romanian Competition Authority issues a report on its inquiry into the multilateral interchange fees in the payment cards sector
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217959 visits
Romania: Report on Inquiry into Multilateral Interchange Fees in Payment Cards Sector* On 22 February 2011, the Romanian Competition Council (RCC) opened an inquiry into the card payment services sector. The findings of this inquiry were presented in a final Report published on 30 May 2013. (...)

The EU Court of Justice dismisses an appeal against the General Court judgment in an acrylic glass cartel case (Quinn Barlo)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92586 visits
On 30 May 2013, the European Court of Justice (“ECJ”) handed down its judgment dismissing an appeal brought by three companies within the Quinn Group (Quinn Plastics GmbH, Quinn Plastics NV and Quinn Barlo) against an earlier General Court (“GC”) judgment which had reduced the fine (...)

The EU Advocate General Sharpston issues opinions in three appeals against General Court’s judgments in an industrial bags cartel (Groupe Gascogne / Kendrion)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92586 visits
On 30 May 2013, Advocate General Sharpston issued her opinions in the appeals lodged by Groupe Gascogne SA, Gascogne Sack Deutschland GmbH (formerly Sachsa Verpackung) and Kendrion NV against judgments of the General Court (“GC”) concerning appeals against the European Commission’s (...)

The Italian Competition Authority fines a notary association for adopting a decision of an association of undertakings aimed at reintroducing minimum tariffs (Order of Notaries of Milan)
European Commission - DG COMP (Brussels)
Belgium 11 contributions 6563 visits
The Italian Competition Authority (AGCM) has fined the Order of notaries of Milan a total of 99,403 euro for adopting a decision aimed at limiting the autonomy in the determination of individual notaries’ remuneration by reintroducing repealed minimum tariffs. The aim of the deliberation (...)

The Chinese NDRC and China’s Civil Aviation Authority hold discussions with representatives of the IATA on an antitrust immunity programme for airline alliances
King & Wood Mallesons (Beijing)
Chine 36 contributions 23192 visites
Chinese Regulators Contemplate Antimonopoly Immunity Scheme for Airline Operators * On May 29, 2013, the National Development and Reform Commission (“NDRC“) and the Civil Aviation Administration of China (“CAAC“) held a seminar discussing the potential issues in setting up an antimonopoly (...)

The Spanish Competition Authority imposes fine of over € 6.4 M on 22 distributors of sanitary ware and plumbing materials (Almacenes Metalurgicos)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92586 visits
On 29 May 2013, the Spanish National Competition Commission (“CNC”) issued a decision fining 22 distributors of sanitary ware and plumbing materials for cartel behaviour in the wholesale market for materials used in the installation, maintenance and repair of pipes for water and other (...)

The French Competition Authority fines four distributors of commodity chemicals operating in France for price coordination and customer allocation (Brenntag / Caldic Est / Univar / Solvadis)
Herbert Smith Freehills (Paris)
France 94 contributions 45514 visits
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French Competition Authority (Paris)
France 8 contributions 2377 visits
In a decision dated 29 May 2013, the French Competition Authority (hereinafter, the "FCA") imposed a total fine of more than €79 million on the members of a cartel formed by the four major distributors of commodity chemicals (solvents, alcohols, acids, ethers, bleach etc…) in France. The (...)

The French Competition Authority fines € 79 M four distributors of commodity chemicals for engaging in cartel behavior (Brenntag, Caldic Est, Univar and Solvadis)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92586 visits
On 29 May 2013, the French Competition Authority (“FCA”) fined four distributors of commodity chemicals — Brenntag, Caldic Est, Univar and Solvadis — a total of € 79 million for engaging in cartel behaviour. The FCA found that, between 1998 and mid-2005, the parties had operated a cartel (...)

The Canadian Commissioner of Competition announces the launch of the Bureau’s new Whistleblowing Initiative
Davies Ward Phillips & Vineberg (Toronto)
Canada 21 contributions 3928 visits
Blowing the Whistle on Cartels in Canada* Cartel enforcement in Canada is heavily dependent on the use of informants. This is explained by two principal factors. First, cartel conduct is, by its very nature, secretive and carried out in the shadows of business life. Second, Canada’s (...)

The French Competition Authority fines cartel among major distributors of commodity chemicals (Brenntag, Caldic Est, Univar and Solvadis)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217959 visits
France: The Autorité de la concurrence fines Cartel among major Distributors of Commodity Chemicals in France* On 28 May 2013, the Autorité de la concurrence (the Autorité) issued a decision imposing a total of € 79 000 000 in fines on a cartel between Brenntag, Caldic Est, Univar and (...)

The Canadian Competition Bureau recognizes the importance of competition audits for increasing the effectiveness of compliance
Davies Ward Phillips & Vineberg (Toronto)
Canada 21 contributions 3928 visits
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Temple University Beasley School of Law (Philadelphia)
États-Unis 1 contribution 133 visites
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Mars
États-Unis 1 contribution 133 visites
Conducting a competition law compliance audit: a checklist for corporate counsel* Canada’s Competition Bureau, like other competition enforcement agencies, identifies “compliance audits” as one of the essential elements of a credible and effective competition compliance program. The (...)

The New Zealand Commerce Commission issues a formal warning against attempt to fix prices for sanding and polishing services in the Taranaki region (Ansell Flooring)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23648 visits
Press releases published on New Zealand Commerce Commission Taranaki flooring company warned over attempts to fix prices* The Commerce Commission has issued a formal warning to flooring company Ansell Flooring Limited for attempting to fix prices for sanding and polishing services in the (...)

The Canadian Competition Authority introduces criminal cartel whistleblowing initiative
WeirFoulds (Toronto)
Canada 1 contribution 175 visites
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WeirFoulds (Toronto)
Canada 1 contribution 175 visites
Hiding in Plain Sight: The Competition Bureau’s Criminal Cartel Whistleblowing Initiative* On May 28, 2013, Canada’s Commissioner of Competition, John Pecman, announced the launch of the Competition Bureau’s Criminal Cartel Whistleblowing Initiative (the “Initiative”), aimed at creating (...)

The German Competition Authority takes a critical view on the agreement in the national banking sector as regards the existing electronic cash card payment system (ELV)
German Competition Authority (Bonn)
Germany 447 contributions 113611 visits
Electronic cash card payment system of German banking sector raises competition concerns* The Bundeskartellamt takes a critical view of the agreement of the German banking sector on the existing electronic cash card payment system. Today the authority communicated its (preliminary) concerns (...)

The German Competition Authority terminates test proceedings following commitment undertaken by a municipality (City of Düsseldorf / Siemens)
German Competition Authority (Bonn)
Germany 447 contributions 113611 visits
Award of concession for fire detection systems in conformity with competition law* Bundeskartellamt terminates test proceedings following commitment by the City of Düsseldorf The Bundeskartellamt has terminated its test proceedings on award procedures for fire alarm transmission systems (...)

The Dutch Competition Authority imposes fines in three cases of bid rigging in the dutch demolition sector (Kanaalweg / Geuneburg / Bergambacht)
Allen & Overy (Amsterdam)
Netherlands 8 contributions 1712 visits
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Maverick Advocaten (Amsterdam)
Netherlands 8 contributions 1712 visits
I. INTRODUCTION On 23 March 2010 the Dutch Authority for Consumers and Markets (Autoriteit Consument en Markt, ACM, formerly known as the Dutch Competition Authority, Nederlandse Mededingingsautoriteit, NMa) initiated an investigation into possible infringements by five demolition firms of (...)

The EU Commission ends its review of an airline alliance on transatlantic routes (Air Canada / United / Lufthansa)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92586 visits
On 23 May 2013, the European Commission announced that it had accepted commitments offered by Star Alliance members Air Canada, United and Lufthansa in the context of the Commission’s examination of their cooperation on the transatlantic air passenger transport market. The Commission had (...)

The Slovak Supreme Court follows the guidance of the EU Court of Justice’s preliminary decision in favor of the Slovak Competition Authority and holds that banks cannot concert to drive a competitor out of the market (VUB)
European Investment Fund (Luxembourg)
Luxembourg 1 contribution 233 visites
This article follows up on our previous articles (Art. N° 37004, Art. N° 38345 and Art. N° 51110) concerning a cartel of three Slovak banks. In May 2011, the Supreme Court in the case of CSOB bank controversially confirmed the decision of lower courts quashing the decision by the Slovak (...)

The Slovak Supreme Court upholds the Competition Authority’s decision in a banking cartel case (VUB)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217959 visits
Slovakia: The Supreme Court upholds Authority’s Decision in Banking Cartel Case* On 21 and 22 May 2013, the Supreme Court of the Slovak Republic (Supreme Court) upheld a decision of the Antimonopoly Office of the Slovak Republic (the Office) in a case concerning a banking cartel, vis-à-vis (...)

The UK High Court finds trademark infringement since a reasonably well-informed and reasonably observant internet user was not enabled to ascertain the actual source of flower delivery (Interflora/Marks and Spencer)
Sideman & Bancroft (San Francisco)
États-Unis 5 contributions 817 visites
UK High Court finds for Interflora in the long running AdWords dispute with Mark & Spencer* On 21 May 2013, the UK High Court of Justice handed down a long awaited decision in the long running dispute between Interflora and Mark & Spencer (M&S). In this case, Interflora had (...)

The EU General Court partially annuls the Commission’s decision on a cartel in the marine hoses market clarifying issues on continuous infringements, proof of agreement and attribution of liability for anticompetitive conduct (Marine Hose Cartel)
Vogel & Vogel (Paris)
France 94 contributions 118838 visits
On 28 January 2009, the European Commission handed down fines of EUR 131 million to manufacturers of marine hoses for price fixing, market sharing and exchanges of sensitive commercial information between 1986 and 2007. Several of the undertakings in question lodged appeals to the General (...)

The French Court of Appeal upholds a fine of €1.34 million imposed on a toy distributor for engaging into unlawful resale price maintenance (Kontiki)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56553 visits
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Van Bael & Bellis
Belgique 2 contributions 723 visites
On 16 May 2013, the French Court of Appeal confirmed a decision of the French Competition Authority imposing a fine of € 1.34 million on toy distributor Kontiki SAS for engaging in unlawful resale price maintenance. On 15 December 2011, the French Competition Authority found that (...)

The Spanish Competition Commission opens an investigation into a car manufacturer for possible anti-competitive practices in the market for the supply of spare parts (Opel)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56553 visits
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Van Bael & Bellis
Belgique 2 contributions 723 visites
On 16 May 2013, the Spanish Competition Commission (CNC) announced that it has opened a formal investigation into the Spanish subsidiary of General Motors, Opel, for possible anti-competitive practices in the market for the supply of spare parts to Opel’s authorised dealers and (...)

The Bulgarian Commission for the Protection of Competition draws the line on enforcement track-record in the year 2012
Dessislava Fessenko (unknown)
United Kingdom 32 contributions 85957 visits
The Bulgarian Commission for the Protection of Competition (the “CPC”) published its annual report on policy and enforcement in 2012. The account reveals largely steady levels of enforcement activity in the field of anticompetitive agreements and decrease in the number of dominance (...)

The Argentinean Supreme Court revisits the judicial review of decisions rendered by antitrust agency (Farmacity)
De Dios & Goyena (Buenos Aires)
Argentine 4 contributions 886 visites
During the last few years the Federal Courts in Argentina have strengthen the control over the role and decisions of the National Commission for the Defense of Competition (CNDC) as the acting administrative agency in charge of competition matters. As we have reported in previous instances, (...)

The Austrian Cartel Court imposes fine against major retailer and several suppliers for anticompetitive vertical agreements in food retail sector (REWE)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217959 visits
Austria: The Cartel Court imposes Fine in Food Retail Case* On 13 May 2013, the Cartel Court (the Court) imposed a € 20 800 000 fine on the REWE Group (REWE) for vertical agreements between REWE and a number of suppliers (Court reference number 25 Kt 29/13). The Court held that REWE agreed (...)

The Albanian Competition Commission rules that economic evidences are not sufficient to prove the existence of a cartel (Sunflower cartel)
Electronic and Postal Communications Authority (Tirana)
Albanie 4 contributions 867 visites
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Albanian Competition Authority (Tirana)
Albanie 1 contribution 234 visites
The views expressed herein are of the authors and do not necessary reflect the official position of Albanian Competition Authority One of the most important challenges of new competition agencies is the dilemma to take into account the indirect evidences during the proving of existing of (...)

The EU Court of Justice dismisses an appeal brought by an Italian oil company in a synthetic rubber cartel case (ENI)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92586 visits
On 8 May 2013, the Court of Justice of the European Union (ECJ) dismissed an appeal lodged by ENI against a judgment of the General Court (GC) which largely upheld the fines imposed by the European Commission for ENI’s participation in the synthetic rubber cartel. In November 2006, (...)

The Argentinean Supreme Court denies certiorari in case concerning a cartel in the cement market, where one of the largest fines ever was imposed (Loma Negra Compañía Industrial)
University of San Andrés
Argentine 4 contributions 611 visites
In 1999, the Argentine Antitrust Agency (Comisión Nacional de Defensa de la Competencia) started ex officio an investigation focused on the alleged cartelization of the cement industry. This investigation was opened after a journalist published an article on a news magazine on the subject and (...)

The Italian Regional Administrative Court of First Instance partially annuls the decision of the Competition Authority in a public procurement case (2iGas Infrastruttura / E.ON Rete / Linea Distribuzione)
Orsingher Ortu Avvocati (Milano)
Italy 13 contributions 3379 visits
*Italian antitrust administrative case law. Overview of all decisions from April to June 2013 (Second contribution) 1. Premise –This work is the second contribution of a project (hereinafter, the “Project”) aimed to offer a general, quarterly overview of all the decisions of Italian (...)

The Hague District Court considers that the duty of sincere cooperation requires a National Court to defer its judgment until the EU Courts have rendered their final judgment unless a preliminary ruling on the validity of the decision is warranted (Paraffin wax cartel)
Allen & Overy (Amsterdam)
Netherlands 8 contributions 1712 visits
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Maverick Advocaten (Amsterdam)
Netherlands 8 contributions 1712 visits
I. The Parties The case involves the first instance of a dispute brought before the District Court of The Hague, The Netherlands, by CDC Project 14 SA (Cartel Damage Claims, CDC), a claim vehicle established in Brussels, which has bought the claims of seven customers of paraffin wax in Italy, (...)

Unilateral Practices

 The EU Commission sends a statement of objections to an operator for allegedly discriminating against foreign companies in the Romanian market for power exchanges (OPCOM / CNTEE Transelectrica)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 65804 visits
On 30 May 2013, the European Commission announced that it had issued a Statement of Objections against OPCOM S.A. and its parent company CNTEE Transelectrica S.A. regarding OPCOM’s business practice of requiring OPCOM’s electricity spot market participants to hold a Romanian VAT (...)

The Spanish Supreme Court validates the Competition Authority’s interpretation of excessive prices (Explosivos de Canarias)
Spanish Competition Authority (CNMC) (Madrid)
Belgium 14 contributions 12410 visits
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Cuatrecasas (Barcelona)
Spain 7 contributions 1079 visits
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Cuatrecasas (Madrid)
Belgique 1 contribution 303 visites
On May 29, 2013, the Spanish Supreme Court issued judgment number 2660/2013 on the appeal that Canarias Explosivos, S.A. (“Canarias Explosivos”) submitted against the judgment of the Spanish National Court (Audiencia Nacional) on December 10, 2009. The Supreme Court considered that there were (...)

The Slovak Supreme Court upholds the Competition Authority’s decision on prohibition of abuse in ‘green dot’ licensing (ENVI‑PAK)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217959 visits
Slovakia: The Supreme Court upholds Authority’s Decision in Banking Cartel Case* On 23 May 2013, the Supreme Court of the Slovak Republic (Supreme Court) confirmed the decision of the Antimonopoly Office of the Slovak Republic (the Office) imposing a fine of € 18 394 on ENVI‑PAK, a. s. (...)

The Italian Competition Authority opens an investigation against the incumbent railway undertaking for abuse of dominant position in the high-speed rail market (NTV / FS)
Municipality of Cagliari
166 contributions 132960 visits
By a decision made on 22 May 2013, the Italian Competition Authority (ICA) has opened an enquiry to establish whether the previous rail monopolist, the Ferrovie dello Stato (FS) group, had abused its dominant position in the market for high speed rail services. The ICA decision was based on a (...)

The Italian Competition Authority opens an investigation against the incumbent railway operator for breach of Art 102 TFUE (Ferrovie dello Stato)
BonelliErede (Rome)
Italy 41 contributions 54010 visits
By its decision of 22 May 2013, the Italian Competition Authority (‘ICA’) initiated an investigation against the incumbent Italian railway operator Ferrovie dello Stato group in order to verify if, through its subsidiaries RFI, Trenitalia, Grandistazioni, Centostazioni and FS Sistemi Urbani (...)

The Hungarian Competition Authority terminates its investigation in connection with the price setting of certified translations and attestation of translations (Országos Fordító)
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 19026 visits
Investigation against OFFI terminated by the Hungarian Competition Authority (GVH)* On 21 May 2013, the Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) terminated the competition supervision proceedings that had been initiated against OFFI. The GVH investigated whether the (...)

The Italian Supreme Administrative Court confirms the Competition Authority’s decision imposing a fine against construction materials company for abusing its behavior by aiming to exclude competitor’s entry into the plasterboard market (Saint Gobain)
Orsingher Ortu Avvocati (Milano)
Italy 13 contributions 3379 visits
*Italian antitrust administrative case law. Overview of all decisions from April to June 2013 (Fourth and last contribution) 1. Premise –This work is the fourth and the last contribution of a project (hereinafter, the “Project”) aimed to offer a general, quarterly overview of all the (...)

The Israeli Competition Authority announces intention to declare two seaports companies ’an oligopoly’ (Ports of Haifa and Ashdod)
Barnea Jaffa Lande (Tel Aviv)
Israel 9 contributions 2776 visits
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Bennett Jones (Toronto)
Canada 5 contributions 1134 visits
On May 16, 2013, according to a press release published by the Antitrust Authority (the "Press Release"), the Restrictive Trade Practices General Director (the "General Director") informed the Ashdod Port Company Ltd. and the Haifa Port Company Ltd., the governmental companies operating the (...)

The French Competition Authority fines a pharmaceutical company for having implemented a strategy of denigrating the generic versions of its branded drugs (Sanofi-Aventis)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217959 visits
France: The Autorité de la Concurrence fines Sanofi-Aventis € 40 600 000 for denigrating Generic Versions of branded Drug Plavix* On 14 May 2013, following a complaint from the generics manufacturer Teva Santé, the Autorité de la concurrence (the Autorité) imposed a fine of € 40 600 000 on (...)

The French Competition Authority fines a pharmaceutical company for disparaging competing generics (Sanofi-Aventis)
Vogel & Vogel (Paris)
France 94 contributions 118838 visits
The French Competition Authority has handed down a fine of EUR 40 million to the Sanofi-Aventis Laboratory for implementing a practice of driving out competition by disparaging generic versions of its flagship product Plavix® to healthcare professionals in order to favor sales of the original (...)

The Italian Competition Authority fines Italy’s largest telecoms operator for creating obstacles for competitors trying to access infrastructure networks (Wind - Fastweb / Telecom Italia)
Pavia e Ansaldo (Rome)
Italie 12 contributions 1749 visites
In brief €103.8m fine for Telecom Italia in abuse of dominance case Findings of discrimination against competitors and margin squeeze Italian Competition Authority continues to focus on the Italian telecommunications market, as Telecom Italia faces a difficult challenge to protect its (...)

The Italian Competition Authority fines a telecom operator for unilateral practices in wholesale broadband markets (Wind - Fastweb / Telecom Italia)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217959 visits
Italy: The Competition Authority fines Telecom Italia for Unilateral Practices in Wholesale Broadband Markets* On 9 May 2013, following complaints lodged by two Italian telecommunications providers (OAO - other authorized operators), the Italian Competition Authority (ICA) fined Telecom (...)

The US District Court of Miami dismisses claims on monopolisation and resale price maintenance on the market for beauty products in duty-free shops (Duty Free Americas / Estée Lauder)
Sheppard Mullin (Los Angeles)
United States 46 contributions 7897 visits
Claims of Providing Truthful Marketing Information to Airports Issuing Bids for Duty Free Shops Fails to Allege Actionable Conspiracy or Attempted Monopolization* Conclusory allegations of parallel business conduct which are in the economic self-interest of the actor do not state an (...)

The Italian Competition Authority fines incumbent telecom operator approximately EUR 104 M for ‘constructive’ refusal to supply and margin squeeze (Wind - Fastweb / Telecom Italia)
BonelliErede (Rome)
Italy 41 contributions 54010 visits
On 9 May 2013, the Italian Competition Authority (the ’ICA’) adopted an infringement decision against Telecom Italia (’Telecom’) fining the incumbent operator approximately EUR 104 million for having abused its dominant position in the voice communications and broadband internet access (...)

The Bulgarian Competition Authority sanctions electricity supplier for an abuse of dominance in the form of temporary suspension of supply for accumulated debts (Energo Pro)
University of Macau - Faculty of Law
China 284 contributions 224937 visits
On 11 July 2013 the Bulgarian Competition Authority (CPC) prosecuted the dominant electricity supplier ENERGO PRO Sales AD (EP Sales) for an abuse of dominant position in the form of temporary termination of supply for the accumulated debts of its consumer – Water and Sewage Services Dobrich (...)

The Romanian Competition Authority rejects a complaint regarding the refusal to supply in the pharmaceutical sector (Roche)
Nestor Nestor Diculescu Kingston Petersen (Bucharest)
Roumanie 4 contributions 1252 visites
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Nestor Nestor Diculescu Kingston Petersen (Bucharest)
Roumanie 3 contributions 773 visites
On 19 May 2013, following the principles established by the European preliminary ruling in GlaxoSmithKline, the Romanian Competition Council (“RCC”) held that La Roche (“Roche”) did not abuse its dominant position on the pharmaceuticals distribution market. On 24 September 2010, SC Relad (...)

The Romanian Competition Authority follows case law precedent and finds no abuse of dominance on the pharmaceuticals distribution market (Roche)
University of Macau - Faculty of Law
China 284 contributions 224937 visits
On 8 May 2013 the Romanian Competition Authority (CC) concluded its investigation into the alleged abuse of dominant position in the pharmaceuticals wholesale market. Finding no evidence that would demonstrate that the manufacturer attempted to prevent the re-importation of its products into (...)

The EU Commission sends a statement of objections to a telecom operator over standard-essential patents (Motorola Mobility)
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52629 visits
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Gomson Global (Brussels)
Belgique 2 contributions 624 visites
On 6 May 2013, the European Commission announced that it had formally sent Motorola Mobility a Statement of Objections (SO) over the company’s alleged misuse of mobile phone standard essential patents (SEPs). The Commission believes that Motorola Mobility abused its dominant position in (...)

Mergers

 The Dutch Competition Authority permits the establishment of a joint venture between undertakings in the healthcare sector and clarifies when under the Competition Act a minority shareholder may exercise joint control over a concentration (Star MDC / Reinier de Graaf Groep)
Netherlands Ministry of Economic Affairs
Pays-Bas 3 contributions 1508 visites
Introduction On 30 May 2013 the Dutch Authority for Consumers & Markets (Autoriteit Consument & Markt, ACM) issued a decision clearing the establishment of a joint venture by two undertakings in the healthcare sector. The foundations Stichting Star-Medisch Diagnostisch Centrum (Star (...)

The Turkish Competition Authority authorizes the acquisition of a Turkish water supplier by a multinational company (Sirma / Danone)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 75778 visits
The Turkish Competition Board (“Board’’) authorized the acquisition of 51% of the shares of Sırmagrup İçecek Sanayi ve Ticaret A.Ş. (“Sırma’’) by Danone SA (“Danone’’), since this transaction does not create a dominant position or strengthen an existing dominant position in the relevant (...)

The German Competition Authority clears proposed merger between medical clinics (Main-Taunus)
German Competition Authority (Bonn)
Germany 447 contributions 113611 visits
Bundeskartellamt clears hospital merger in the Main-Taunus district in spite of high market shares* In main examination proceedings the Bundeskartellamt has cleared plans to merge the Main-Taunus district clinics (Kliniken des Main-Taunus-Kreises) and the Frankfurt Höchst clinical centre (...)

The French Competition Authority examines the creation of a joint venture in the animal nutrition sector after a referral of the European Commission (Glon Sanders & Euralis)
French Competition Authority (Paris)
France 741 contributions 394536 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence will examine the creation of a joint venture by Glon Sanders (subsidiary of Sofiprotéol) and the Euralis cooperative group*. At the request of the undertakings, the European (...)

The Danish Competition Council approves modification of merger commitments in relation to an acquisition on the market for supply of pure alcohol (Arcus / Pernod Ricard)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35837 visits
The Danish Competition Council Approves a Modification of Commitment by Arcus-Gruppen Holding AS to Sell the Aquavit Brand ’’Brøndums’’ On September 26 2012 The Danish Competition Council (“DCC”) cleared the acquisition of Pernod Ricard Denmark A/S by Arcus-Gruppen Holding AS (“Arcus”). (...)

The Finish Competition Authority welcomes the Market Court’s decision to conditionnally approve a merger between two suppliers of plastic infrastructure pipe systems (Uponor / KWH)
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12561 visits
Competition and Consumer Authority welcomes Market Court decision in Uponor/KWH matter* The Finnish Market Court decided in its ruling on May 24, 2013 to set stringent conditions for a corporate acquisition deal by Uponor and KWH Group. The court ruled in accordance with a proposal made by (...)

The Finnish Market Court conditionally approves a merger in the plumbing and indoor climate systems sector and rejects the Competition Authority’s proposal to block the creation of a joint venture (Uponor / KWH)
Roschier (Helsinki)
Finland 11 contributions 8895 visits
On 24 May 2013 the Finnish Market Court handed down its first decision in a case utilising the recently enacted New Competition Act and the so-called SIEC (significant impediment of effective competition) test. The Market Court broke ground on many levels when it rejected the Competition and (...)

The Brazilian Competition Authority analyses two international mergers with intense cooperation with the EU Commission, indicating a new approach for international merger review in Brazil (Mach / Syniverse / Munksjö / Ahlstrom)
OECD - Competition Division (Paris)
France 11 contributions 10432 visits
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Federal Comptroller General - Brazil
Brazil 9 contributions 2890 visits
CADE has recently analyzed two international mergers with intense cooperation with DG-Competition. In fact, these two cases reflect the advances brought by new Competition Law. In the previous law, CADE would only analyze cases after their approval by other jurisdictions. With the institution (...)

The Lithuanian Competition Council approves an acquisition on the market for TV broadcasting (LNK / Baltijos)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20133 visits
LNK Television acquires Baltijos Television* On 22 May 2013, the Competition Council (Konkurencijos taryba, KT) cleared a merger wherein UAB Laisvas ir nepriklausomas kanalas (LNK) acquired 100 per cent of UAB Baltijos TV (BTV) shares. LNK is engaged in broadcasting of television programs (...)

The Polish Competition Authority gives conditional consent to a merger in the retail of bottled gas sector (Gaspol / Orlen Gaz)
WKB Wierciński Kwieciński Baehr (Warsaw)
Pologne 19 contributions 6682 visites
In its decision of 20 May 2013, the President of the Office of Competition and Consumer Protection (the “OCCP President” or the “PCA”) has given her conditional consent for Gaspol to acquire a part of assets of Orlen Gaz. Both undertakings operate on the sales market of bottled gas. Gaspol (...)

The President of the Polish Competition Authority clears a merger on the LPG distribution market in Poland and imposes a set of remedies, including behavioural (Gaspol / Orlen Gaz)
Markiewicz & Sroczynski (Cracow)
Pologne 3 contributions 588 visites
I. The Facts On 25 July 2012 Gaspol S.A. with its seat in Warsaw (“Gaspol”) notified the President of the Office of Competition and Consumer Protection (“OCCP”) of its intention to acquire the business of bottled liquified petroleum gas (“LPG”) from Orlen Gaz Sp. z o.o. with its seat in Plock (...)

The Italian Competition Authority clears a vertical merger between the manager of the airports of Rome and the suppliers of travel retail and catering services (Atlantia-Gemina)
Municipality of Cagliari
166 contributions 132960 visits
The Italian Competition Authority (ICA) has recently reviewed the merger between the Gemina group that owns ADR, the manager of the Rome’s airports of Fiumicino and Ciampino and Atlantia owned by the Edizione group whose subsidiaries WDFG and Autogrill are active in the airport retail sector. (...)

The US FTC requires divestiture of production and intellectual property assets before clearing an acquisition in the market for desktop hard drives (Western Digital / Hitachi GST)
Sheppard Mullin (New York)
États-Unis 2 contributions 578 visites
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WilmerHale (Washington)
États-Unis 1 contribution 402 visites
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US Federal Trade Commission (FTC) (Washington)
États-Unis 2 contributions 715 visites
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On May 8, 2012, Western Digital Corporation (“Western Digital”) completed its acquisition of Viviti Technologies (formerly, Hitachi Global Storage Technologies Ltd., or, “Hitachi GST”) for approximately $4.8 billion, after the Federal Trade Commission (“FTC”) approved a consent order (...)

The Lithuanian Supreme Court upholds that the implementation of a concentration without a prior authorization of the Competition Authority constitutes an infringement (Corporation of European Pharmaceutical Distributors / UAB Nacionalinė farmacijos grupė)
Cobalt Legal (Vilnius)
19 contributions 18769 visits
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Cobalt Legal (Vilnius)
11 contributions 196 visites
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The Ministry of Energy of the Republic of Lithuania (Vilnius)
6 contributions 124 visites
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The Supreme Administrative Court of Lithuania upheld the conclusions of the Competition Council and the court of first instance, stating that Corporation of European Pharmaceutical Distributors N.V. (‘CEPD’) infringed Article 10(1) and Article 11(2) of the Law on Competition by acquiring (...)

The Irish Competition Authority clears a merger between a pre-wholesaler and a wholesaler of pharmaceutical, healthcare and veterinary products (Uniphar / CMR)
Irish Competition Authority (Dublin)
Ireland 102 contributions 16081 visits
Competition Authority clears proposed acquisition of CMR by Uniphar* The Competition Authority has cleared the proposed transaction whereby Uniphar plc would acquire Cahill May Roberts Limited. The transaction was notified by the parties under the Competition Act 2002 on 12 December 2012 (...)

State Aid

 The EU Court of Justice dismisses the appeal of the Commission in relation to the failure to act as regards a State aid measure allegedly granted to Italian airlines (Ryanair)
Maastricht University
Belgium 353 contributions 64103 visits
Exceptional Circumstances, Natural Disasters, Commercial Risk and Rights of Complainants* Rights of Complainants Concerning Unlawful Aid: Case C-615/11 P, European Commission v Ryanair, 16 May 2013 The European Commission appealed against the judgment of the General Court in case T-442/07 (...)

The EU Commission approves the scheme for compensation of damage caused by future natural disasters (Valle d’Aosta)
Maastricht University
Belgium 353 contributions 64103 visits
Article published on Lexxion State Aid Blog Exceptional Circumstances, Natural Disasters, Commercial Risk and Rights of Complainants* Natural disasters: Commission Decision SA.36027 on compensation of damage caused by future natural disasters in Valle d’Aosta (IT) This is an unusual (...)

The Spanish Supreme Court annuls a decision ordering the recovery of State aid on procedural grounds, the concerned party was denied their constitutional right to be heard (Euro Fleet Cars)
Judicial Ethics Commission (Madrid)
39 contributions 2136 visites
The Spanish Supreme Court (Administrative Section) annuls the recovery of State aid because, although there is no specific procedure for recovering State aid contrary to Community law under Commission Decision 2002/892/EC, it cannot be carried out outright without a hearing of the person (...)

The High Court of Eastern Denmark rejects claim that funding resulting from an open and fair tendering procedure constitutes State aid (SINE)
Honoré, Fallesen & Andersen - HFA Law (Copenhagen)
Danemark 7 contributions 255 visites
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Honoré, Fallesen & Andersen - HFA Law (Copenhagen)
Denmark 31 contributions 36655 visits
In a judgement of May 2013, the High Court of Eastern Denmark found that a tender procedure for a contract under which the winning bidder was to provide access to a nationwide radio-based telecommunications network to public emergency response services did not entail state aid. One of the (...)

The EU Court of Justice decides that Flemish tax incentives and subsidy mechanisms are liable to be classified as State aid (Eric Libert)
Maastricht University
Belgium 353 contributions 64103 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 rules that social housing schemes may not be public contracts and thereby shows potentially excessive deference towards social policy in public procurement (Libert)
University of Bristol - Law School
United Kingdom 92 contributions 25321 visits
In its Judgment of 8 May 2013 in Joined Cases C-197/11 & C-203/11 Libert and Others, the Court of Justice of the European Union has quashed the Belgian ’Living in Your Own Region’ scheme, whereby the acquisition of land and property in certain parts of the country was restricted on grounds (...)

The EU Commission issues a State aid decision concerning compensation given to a shipping company for the provision of services of general economic interest, and orders the immediate and effective recovery of the illicit aid (SNCM)
Mircea & Partners (Bucharest)
Romania 32 contributions 16591 visits
Introduction The decision in discussion was issued by the European Commission on 2 May 2013 and established that the public service delegation contract for passenger shipping services between Marseille and Corsica did not satisfy the four cumulative conditions set out in Altmark. The (...)

Procedures

 The Moroccan Competition Authority defines its analytical framework for abuse of economic dependence cases when examining a complaint related to luxury hotels market (JK.hotel / Oriental Mandarin)
Moroccan Competition Authority (Rabat)
Maroc 4 contributions 750 visites
The Moroccan Competition Council has recently had the opportunity to decide for the first time on an abuse of economic dependence case. This infringement widely inspired from the German and French regulations is framed by the article 7 of the law n° 06-99 on freedom of prices and competition. (...)

The Canadian Competition Authority launches the "Whistleblowing Initiative" in order to encourage the general public and the business community to report suspected violations of the Competition Act
Steve Szentesi Law Corporation (Vancouver)
France 55 contributions 14423 visits
New Competition Act Whistleblowers Page* Given the recently increased focus on criminal competition law matters (e.g., cartels) and whistleblowing, the latter in the competition law world and corporate crime area generally, I thought I would launch a new whistleblowing page on the blog. A (...)

The US Court of Appeals for the Ninth Circuit reverses a federal district court’s denial of class certification (Levya / Medline Industries)
Cohen Milstein (New York)
United States 57 contributions 7457 visits
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Burns Charest (Washington)
United States 57 contributions 7457 visits
Present and former employees of a medical products manufacturer sued under California labor and unfair practice laws for various time calculation practices that allegedly reduced their pay. The district court denied class certification on the basis that damage amounts for each employee would (...)

The US Supreme Court agrees to review a judicial decision as regards a suit alleging state consumer protection and antitrust claims against manufacturers and distributors of LCD panels (Mississippi / AU Optronics)
Wolters Kluwer (Riverwoods)
United States 78 contributions 38909 visits
Removability of Parens Patriae Antitrust Actions Under CAFA To Be Considered by U.S. Supreme Court* It appears that the U.S. Supreme Court will soon resolve a split among the circuits on the issue of whether parens patriae actions can be removed from state court as “mass actions” under the (...)

The Canadian Competition Bureau releases action plan on transparency
Journal of Parliamentary and Political Law (Ottawa)
49 contributions 20995 visits
Introduction Canada’s Competition Bureau (the “Bureau”), an independent law enforcement agency that assists the commissioner of competition in the administration and enforcement of the Competition Act, released its Action Plan on Transparency (the “Plan”) on 28 May 2013. According to the (...)

The EU Commission releases its 2012 Report on Competition Policy and illustrate that without an effective EU competition policy, the internal market cannot deliver its full economic potential
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46606 visits
On 28 May 2013, the European Commission released its annual Report on Competition Policy for 2012. The Commission relies on its Report to illustrate that without an effective European competition policy, the internal market cannot deliver its full economic potential. Private barriers to (...)

The US Court of Appeals for the Ninth Circuit reverses an order denying class certification of plaintiffs’ claim for pay discrimination based on national origin (Parra / Bashas)
Cohen Milstein (New York)
United States 57 contributions 7457 visits
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Burns Charest (Washington)
United States 57 contributions 7457 visits
Grocery store employees brought a class action alleging discrimination based on race and national origin. Defendants argued that there was no predominance of common questions, asserting that the Supreme Court’s Comcast decision precluded a finding of predominance because individual damage (...)

The US District Court for the Eastern District of Kentucky denies class certification due to individual damage calculation (Cowden / Parker)
Cohen Milstein (New York)
United States 57 contributions 7457 visits
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Burns Charest (Washington)
United States 57 contributions 7457 visits
Individual insurance agents brought a class action against their insurance agency employer, asserting that the agency had agreed to pay its agents a commission on certain health insurance plans but had refused to pay them. The court denied class certification, reasoning that under Comcast, (...)

The US District Court for the Eastern District of Tennesse denies motion to dismiss in antitrust case brought against drug makers (In re Skelaxin (Metaxalone) Antitrust Litigation)
Cohen Milstein (New York)
United States 57 contributions 7457 visits
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Burns Charest (Washington)
United States 57 contributions 7457 visits
Plaintiff drug purchasers brought suit under federal and state antitrust laws, contending that the defendants had engaged in an unlawful scheme calculated to raise and maintain the prices of the drug Skelaxin through sham litigation, the filing of sham citizen petitions and unlawful horizontal (...)

The Swedish Supreme Court holds that the time when the contract implementing an illegal direct award has been initiated should coincide with the time when the award decision may be subject to legal review (Swedish Immigration Office)
Mircea & Partners (Bucharest)
Romania 32 contributions 16591 visits
I. Introduction Konkurrensverket (Swedish Competition Authority) applied for public procurement fines against the Migrationsverket (Swedish Immigration Office) before the court of first instance on the 17 June 2011. The value of the contract in question exceeded € 8 million (SEK 69 million), (...)

The United States District Court for the District of Kansas issues judgment which finds that a pharmaceutical company conspired with other manufacturers to fix prices for certain urethane chemical products (Dow Chemical)
Cohen Milstein (New York)
United States 57 contributions 7457 visits
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Burns Charest (Washington)
United States 57 contributions 7457 visits
In re Urethane Antitrust Litig. (D. Kan. May 15, 2013) Like the Whirlpool case discussed above, this is another opinion that interprets the Supreme Court’s Comcast opinion to have little likely effect on class certification in antitrust cases. After a four-week jury trial, defendant Dow (...)

The U.S. District Court for the Southern District of New York interprets the Foreign Trade Antitrust Improvements Act to preclude antitrust claims by a Chinese manufacturer against its Chinese competitor (Lotes / Foxconn)
University of Indiana
United States 4 contributions 5304 visits
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Clements & Shackle (New York)
1 contribution 214 visites
Lotes Co., a manufacturer of USB devices, sued its competitor Foxconn in the United States District Court for the Southern District of New York alleging violations of Section One and Section Two of the Sherman Act. Lotes competes directly with Foxconn in the market for making and selling USB (...)

The US District Court for the Eastern District of Michigan certifies a class for liability only (Miri / Dillon)
Cohen Milstein (New York)
United States 57 contributions 7457 visits
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Burns Charest (Washington)
United States 57 contributions 7457 visits
The plaintiffs, a Michigan brew pub and its owner, brought a class action asserting that standard practices of the Michigan Treasury Department, involving issuance of warrants without judicial approval and search and seizure of property without advance notice, involve routine violations of due (...)

The Italian Supreme Administrative Court rules on the principles applicable to the award of concession contracts (Agam Reti Gas Acqua)
University of Turin (Turin)
France 2 contributions 308 visites
I. Introduction The grand chamber (Adunanza plenaria) of the Italian Consiglio di Stato, broadly corresponding to the assembléeof the Conseil d’Etat, has addressed the question of the applicability of some provisions of the 2006 Code of public contracts to the award of concession contracts. (...)

The French Competition Authority acknowledges it does not have jurisdiction over decisions made by bodies which are not economic operators (Conseil supérieur des messageries de presse)
French Competition Authority (Paris)
France 741 contributions 394536 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence does not have jurisdiction over decisions made by the Conseil supérieur des messageries de presse (CSMP)*. The Autorité de la concurrence today issued a decision whereby it (...)

The French Competition Authority launches a market test on multilateral interchange fees for domestic card transactions (Mastercard / Visa)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217959 visits
France: The Autorité de la Concurrence market tests Visa and MasterCard’s Commitments to reduce Multilateral Interchange Fees for Domestic Card Transactions* On 6 May 2013, the Autorité de la concurrence (the Autorité) published Visa and MasterCard’s commitments to reduce the multilateral (...)

The US District Court for the Northern District of California explains that the predominance element of a class action “does not require a plaintiff to prove that each element of her claim is susceptible to class wide proof” (Diamond Foods Securities Litigation)
Cohen Milstein (New York)
United States 57 contributions 7457 visits
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Burns Charest (Washington)
United States 57 contributions 7457 visits
Shareholders of a nut processing, marketing and distributing company brought a class action under the federal securities laws, asserting that the company had maintained artificially high share prices by understating the cost of walnuts. Defendants argued that the plaintiff had failed to (...)

The Liaoning State Administration for Industry and Commerce issues provisions on the procedures for transferring evidentiary leads in anti-monopoly cases
University of Melbourne
Australia 103 contributions 29043 visits
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China Competition Bulletin (Beijing)
China 101 contributions 25994 visits
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Institute of American Studies (Beijing)
China 52 contributions 15132 visits
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On 3 May 2013, the Liaoning AIC issued the Provisions on the Procedures for Transferring Evidentiary Leads in Anti-Monopoly Cases. Under the AML, the SAIC is responsible for non-price related aspects of monopoly agreements and abuse of dominance conduct under the AML. The provisions apply (...)

The UK High Court refuses stay of proceedings despite ongoing EU appeal in an interchange fees case (Morrison Supermarkets / MasterCard)
University of Leeds
United Kingdom 13 contributions 28239 visits
The High Court (Queen’s Bench Division) has refused to grant a stay of proceedings against Mastercard defendants in WM Morrison Supermarkets plc and others v MasterCard Incorporated and others [2013] EWHC 1071 (Comm). In this case, Morrisons and other major high street retailers claimed (...)

The Polish Competition Authority publishes its annual report for 2012
Queen’s University Belfast
United Kingdom 4 contributions 3006 visits
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University of Warsaw
Poland 3 contributions 1116 visits
In May 2013 the President of the Office of Competition and Consumer Protection (UOKiK), the Polish Competition Authority, published its Annual Report for 2012. This piece provides an overview of the reported activities within the competition law & policy domain, and comments on some of (...)

Regulatory

 The Romanian Competition Authority releases its report in relation to the payment cards market
Kinstellar (Bucarest)
Roumanie 7 contributions 1932 visites
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OMV Petrom (Bucharest)
Roumanie 7 contributions 1781 visites
Introduction In 2011, the Romanian Competition Council (the “RCC”) launched a sector inquiry in relation to the market focused on: (i) how the interchange fees on the payment cards market are established; (ii) how the level of interchange fees and the taxes paid by the merchants to the (...)

The EU Commission signs a cooperation agreement with Switzerland to strengthen cooperation between their respective competition authorities
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217959 visits
European Commission: European Union and Switzerland sign Cooperation Agreement in Competition Matters* On 17 May 2013, the European Union (EU) and the Swiss Confederation have signed an agreement that will strengthen cooperation between their respective competition authorities, the European (...)

The Bulgarian Competition Authority adopts two opinions on competition in the market for medical devices (NHIF)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217959 visits
Bulgaria: The National Health Insurance Fund Acts impose Quota Limitations on Pharmacies and foreclose the Market for Medical Devices* In May 2013, the Bulgarian Commission on Protection of Competition (CPC), as part of its competition advocacy powers, adopted two opinions on Acts of the (...)

The Spanish Competition Authority publishes a report on rail transportation of goods
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217959 visits
Spain: The Comisión Nacional de la Competencia publishes Report on Rail Transportation of Goods* As part of its competition advocacy activities, the Comisión Nacional de la Competencia (CNC) has published a report analysing the sector for rail transport of goods in Spain, which has been (...)

The Scottish Court of Session finds the lack of proper ground for allowing the challenge of minimum pricing measures (Scotch Whisky Association)
University of Cambridge
Royaume-Uni 8 contributions 2177 visites
Price-fixing by the State: a minimum unit price for alcohol* For a number of years concerns have been expressed over excessive levels of alcohol consumption and the effect this has on both public health and public order. There is a clear relationship between the price of alcohol and the (...)