November 2015

General antitrust

 The Hong Kong Competition Authority publishes an enforcement policy and a leniency policy and places the focus on encouraging compliance
Freshfields Bruckhaus Deringer (London)
United Kingdom 7 contributions 707 visits
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Freshfields Bruckhaus Deringer (Hong Kong)
Hong Kong 2 contributions 102 visites
On 19 November the Hong Kong Competition Commission (the Commission) published the long-awaited enforcement policy and the leniency policy under the Competition Ordinance (the Ordinance). We highlight the key points of each policy below. The Commission’s enforcement policy The Commission (...)

Anticompetitive practices

 The EU Commission publishes frequently asked questions about the new Guidelines on joint selling of olive oil, beef and veal and arable crops
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
Antitrust: new Commission Guidelines on joint selling of olive oil, beef and veal, and arable crops - frequently asked questions* Antitrust: new Commission Guidelines on joint selling of olive oil, beef and veal, and arable crops - frequently asked questions 1. What is the purpose of the (...)

The EU Court of Justice finds limited exclusivity restriction in lease agreements not to be a restriction by object (Maxima Latvija)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56718 visits
On 26 November 2015, the European Court of Justice (“ECJ”) handed down its judgment in a request for a preliminary ruling in the proceedings between Maxima Latvija, a Latvian entity carrying out business predominantly in the food retail trade, and the Latvian Competition Council. By way of (...)

The EU Court of Justice provides guidance on the notion of restriction by object in the context of commercial lease contracts (Maxima Latvija)
Crowell & Moring (London)
United Kingdom 16 contributions 9719 visits
Traditionally, land agreements do not attract much scrutiny under competition law, although certain restrictive covenants and rights may raise issues. When issues do arise, they tend to be considered at national level rather than European Union level, as the effect on trade is rarely (...)

The EU Court of Justice rules on limited exclusivity restriction in lease agreements and concludes that it is not a restriction by object (Maxima Latvija)
Latham & Watkins (Brussels)
Belgique 12 contributions 4641 visites
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Liège University
Belgique 1 contribution 552 visites
In a preliminary reference judgment in the Maxima Latvija case, the Court of Justice of the EU (CJEU) has ruled that commercial lease agreements including a clause conferring on the anchor tenant the right to approve lease agreements that the property owner may conclude with third parties do (...)

The US Court of Appeals for the Fifth Circuit upholds a $156 million jury verdict against a steel manufacturer accused of conspiracy to boycott another distributor (MM Steel / JSW Steel)
Jones Day (Houston)
États-Unis 35 contributions 15678 visites
The Fifth Circuit Court of Appeals upheld a $156 million jury verdict against a U.S. Gulf Coast steel manufacturer accused of conspiring with distributors to "boycott" a new distributor by denying it access to steel. Even though the steel manufacturer was responding to pressure from (...)

The Hungarian Competition Authority reduces the fine imposed in the pipe cartel case (Pipelife)
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 19130 visits
Fine reduction via leniency policy* The Gazdasági Versenyhivatal (GVH – Hungarian Competition Authority) established that BTH Fitting Gyártó és Forgalmazó Kft. (BTH), Pipelife Hungária Műanyagipari Kft. (Pipelife), Wavin Hungary Ipari, Kereskedelmi and Szolgáltató Kft. (Wavin) concluded (...)

The Turkish Competition Authority grants individual exemption to an agreement signed on broadcasting rights (Turkish Basketball Federation / Digiturk)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 75786 visits
The Competition Board (“Board”) has granted individual exemption to the Media Rights Agreement (“Agreement”) signed by and between Turkish Basketball Federation (“TBF”) and Krea İçerik Hizmetleri ve Prodüksiyon A.Ş. (“Digiturk”) in accordance with Art. 5 of Act on the Protection of Competition (...)

The Indian Competition Commission fines airlines for a cartel regarding fuel surcharge (Jet Airways / InterGlobe Aviation / Spice Jet)
Sarvada Legal (New Delhi)
7 contributions 1596 visites
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Sciences Po (Paris)
France 3 contributions 672 visites
Introduction Continuing with its mandate of preventing any practice which has an appreciable adverse effect on competition (AAEC) in India including crackdowns on cartel, the Competition Commission of India (CCI) has, recently, found a case of cartelization in the airline industry segment in (...)

The Indian Competition Commission fines airlines for fixing fuel surcharge and shows a change in the evidentiary standard in cartel cases involving price parallelism and circumstantial evidence (Jet Airways / InterGlobe Aviation / Spice Jet)
Chandhiok & Mahajan (New Delhi)
Inde 12 contributions 2450 visites
CCI imposes penalty of USD 38.6 million on airlines for fixing fuel surcharge* Just when one almost thought that the year 2015 would go by without a major cartel fine, the Competition Commission of India (CCI) published a decision on 17 November 2015 imposing penalties of USD 38.6 million (...)

The Pakistani Competition Authority publishes a show cause notice to a professional association suspected prima facie of fixing prices of poultry products (PPA)
Competition Commission of Pakistan (Islamabad)
Pakistan 18 contributions 1881 visits
CCP issues showcause notice to pakistan poultry association over prima facie fixing prices of poultry products* The Competition Commission of Pakistan (CCP) has issued a show cause notice to the Pakistan Poultry Association (PPA) for prima facie violation of Section 4 of the Competition Act, (...)

The Regional Administrative Court of Lazio confirms that bid-rigging is a competition restriction by object (Eco Trass)
Municipality of Cagliari
167 contributions 133274 visits
Introduction By a judgment handed down on 16 November 2015 in the case Eco Trass et al v AGCM (Eco Trass) the Regional Administrative Court of Latium (the Court) rejected the appeal against the infringement decision made by the Italian Competition Authority (ICA) in the case I765, Gare (...)

The French Competition Authority recommends simplification measures and greater transparency in the standardisation and certification processes, particularly in the construction and public works sector (AFNOR/COFRAC/BTP)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 218080 visits
The Autorité de la concurrence publishes the results of its sector inquiry into standardisation and certification* The Autorité de la concurrence launched in 2014 a sector inquiry into the standardisation and certification processes in France. After an extensive review of the sector and the (...)

The German Competition Authority opens proceedings in the audiobooks market (Apple / Amazon)
German Competition Authority (Bonn)
Germany 447 contributions 113815 visits
Bundeskartellamt opens proceedings against Audible/Amazon and Apple* The Bundeskartellamt has initiated administrative proceedings against the Amazon subsidiary Audible.com and Apple Computer Inc. The companies have a long-term agreement on the purchase of audiobooks by Apple from Audible (...)

The Bulgarian Commission on Protection of Competition and the UNCTAD organise a forum to assist competition authorities in the Balkan region in enforcing their competition regimes
Mondelez (Sofia)
Roumanie 8 contributions 2950 visites
The 7th meeting of Sofia Competition Forum was held on November 12, 2015 in Sofia, Bulgaria. It has been its third consecutive year since SCF was created in 2012 as a joint initiative of UNCTAD and the Bulgarian Commission on Protection of Competition. The aim of the Forum is to assist (...)

The US Court of Appeals for the Third Circuit reaffirms the continued viability of the intertwined standard for antitrust standing (Hanover 3201 Realty / Village Supermarkets)
Hausfeld (San Francisco)
États-Unis 3 contributions 182 visites
On November 12, 2015, the United States Court of Appeals for the Third Circuit in Hanover 3201 Realty, LLC v. Village Supermarkets, Inc. affirmed in part and vacated in part the lower court’s determination that the plaintiff lacked standing to pursue Sherman Act Section 2 claims in markets for (...)

The Canadian Competition Bureau releases the Competition and Compliance Framework information bulletin following public comment
Journal of Parliamentary and Political Law (Ottawa)
49 contributions 21035 visits
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Miller Thomson (Montreal)
Canada 1 contribution 121 visites
Introduction Following a request for public comment in May 2015, the Competition Bureau, which assists the Commissioner of Competition (“Commissioner”) in the administration and enforcement of the Competition Act (“Act”), published the final version of its Competition and Compliance (...)

The Czech Competition Authority fines tenderers for cartel and bid rigging in the construction sector
Czech Competition Authority (Brno)
Czech Republic 47 contributions 6321 visits
Bid rigging construction cartel fined CZK 2.036 Billion* On the 6th November 2015, the Office for the Protection of Competition adopted the first instance decision regarding bid-rigging cartel agreement in the construction sector. The fines imposed on the cartel members amount to CZK 2.036 (...)

The Belgian Competition Authority imposes provisional measures in a case involving TV rights for a series of cyclocross competitions (Telenet)
Belgian Competition Authority (Brussels)
Belgium 109 contributions 22886 visits
The Competition College of the Belgian Competition Authority has imposed on the 5th of November 2015 provisional measures with regard to TV rights for the Superprestige cyclocross competition* The v.z.w. Verenigde Veldritorganisatoren (the organizer) and Telenet concluded an agreement (...)

The Mexican Competition Authority launches an investigation on the market of securities transportation services
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26224 visits
COFECE investigates securities transportation services* Mexico City November 5th 2015.- Through the Mexican Official Gazette and its website, the Federal Economic Competition Commission’s (COFECE) Investigative Authority publicly announces the opening of an investigation derived from a (...)

The EU Commission sends objections to several companies suspected of participating in an electrolytic capacitors cartel
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
Antitrust: Commission sends statement of objections to suspected participants in electrolytic capacitors cartel* The European Commission has informed ten manufacturers of electrolytic capacitors that it suspects them of having participated in a cartel, in breach of EU antitrust rules. (...)

Unilateral Practices

 The French Competition Authority fines a telecommunications company for implementing abusive practices on the “business” market (SFR)
French Competition Authority (Paris)
France 743 contributions 395405 visits
The Autorité de la concurrence fines SFR and its subsidiary in La Réunion 10.7 million euros for implementing abusive practices on the “business” market.* In brief The Autorité de la concurrence issues today a decision in which it fines SFR and SRR, SFR’s subsidiary in La Réunion, a total (...)

The Spanish Competition Authority fines two IP rights collecting societies for abuse of dominance (AGEDI / AIE RADIO)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 218080 visits
CNMC fines two intellectual property rights collecting societies* The Spanish Competition Authority, CNMC (National Commission for Markets and Competition), sanctioned two intellectual property rights collecting societies for abusing their dominant position on the management of intellectual (...)

The Paris Court of Appeal overturns an abuse of dominance ruling in the market for online mapping allowing for the geolocalisation of sales points on company websites (Google / Evermaps)
Ashurst (Milan)
Italy 102 contributions 29550 visits
Paris Court of Appeal overturns Google abuse of dominance ruling* On November 25, 2015, the Paris Court of Appeal (PCA) reversed the December 2012 ruling of the Commercial Tribunal of Paris (CTP) , which found that Google (specifically Google France and Google Inc.) abused its dominant (...)

The Italian Supreme Court holds that the Competition Authority’s decision establishes the existence of anti-competitive conduct and constitutes sufficient evidence for a consumer to prove damages (Felicia Santoro / Milano Assicurazioni)
Intesa Sanpaolo (Milan)
Italie 15 contributions 22776 visites
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Intesa Sanpaolo (Milan)
Italie 11 contributions 6095 visites
Brief summary of facts Milano Assicurazioni, an insurance company, was fined by the ICA for having participated in a horizontal anti-competitive agreement that resulted in higher premiums to consumers.The Court of Appeal refused the request of damages demanded by claimant, stating that the (...)

The Paris Court of Appeal rejects a damages claim that alleged that a Big Tech firm offering a competing app for free constitutes a predatory pricing infringement (Société Evermap / Google)
Herbert Smith Freehills (Paris)
France 56 contributions 12582 visites
Brief summary of facts Google France launched the Google Map app, an application offering mapping services without charge, and as useful as the paid version. Evermaps, a competitor of Google Maps, claimed that, with the Google Map app, Google intended to attract customers and eliminate (...)

The Chinese Gansu Development and Reform Commission fines several undertakings in the car maintenance industry to address price fixing and administrative monopoly conduct (Wuwei)
University of Melbourne
Australie 103 contributions 29109 visites
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China Competition Bulletin (Beijing)
Chine 101 contributions 26067 visites
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Hogan Lovells (Beijing)
Chine 81 contributions 19901 visites
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The Gansu Development and Reform Commission (Gansu DRC) recently undertook enforcement action in the car maintenance industry in Wuwei. One case involved pricing fixing, and the other was an administrative monopoly case. Price fixing The Gansu DRC fined 22 car maintenance businesses in (...)

The Düsseldorf Higher Regional Court finds that “wedding-rebates” requested by a food retailer from its suppliers are not abusive (EDEKA)
Deutsche Bahn (Frankfurt)
6 contributions 1885 visites
In its judgement of 18 November 2015, the Düsseldorf Higher Regional Court (“the Court”) quashed a decision of the Federal Cartel Office (“FCO”) which stated that German food retailer EDEKA abused its dominant position by requesting preferential purchase conditions and bonus payments from (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against an international airport in the market for office space rentals (AOC Airline Operators Committee / DIAL Delhi International Airport)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42180 visits
CCI dismisses allegations of abuse of dominant position against Delhi International Airport Ltd. (DIAL)* CCI by its order dated November 17, 2015 dismissed a case against DIAL for alleged abuse of its dominant position by charging high rentals for office space from some of the airlines. The (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against petroleum refiner due to absence of market dominance (AnjaniSut Fuel / Reliance Industries)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42180 visits
CCI closes two cases against Reliance Industries Limited* CCI by its order dated November 17, 2015 ordered dismissed allegations of violation of Section 4 of the Act, in an information filed by AnjaniSut Fuel (Informant) against Reliance Industries Ltd.(RIL) In order to obtain the (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct against an antivirus software company due to lack of dominance (Symantec)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42180 visits
CCI closes case against an American Technology Company* CCI vide its order dated November 17, 2015 closed the case filed by M/s Systweak Software, engaged in the development and distribution of computer software operating with Windows and Mac Operating Systems, against an American based (...)

The Indian Competition Authority opens investigation into abuse of dominance by syringe manufacturer and a group of hospitals (Vivek Sharma / Becton Dickinson India / Max Super Speciality Hospital)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42180 visits
CCI initiates investigation against Max Super Specialty Hospitals for alleged abuse of dominance* The CCI in its order dated November 17, 2015, has directed the Director General (DG) to conduct an investigation against Max Super Specialty Hospital (“Max”) and M/s Becton Dickinson India (P) (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against an educational trust and a real estate developer due to lack of dominance (Geeta Kapoor / DLF Qutab Enclave Complex Educational Charitable Trust)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42180 visits
CCI dismisses allegation of anti-competitive practices against DLF Ltd* The CCI by its order dated November 17, 2015 dismissed allegations against DLF Qutab Enclave Complex Educational Charitable Trust (the Trust) and DLF Ltd.. It was alleged by the Informant, Ms. Geeta Kapoor, that the (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a state-owned miner but as a concession asks the miner to review its scheme for e-auctions of coal (DB Power / Coal India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42180 visits
CCI dismisses allegations of abuse of dominant position against Coal India Ltd. (CIL) and directs CIL to examine the e-auction scheme afresh* CCI in its order dated November 17, 2015 dismissed allegations of unfair business practices against the state owned miner, CIL. In a complaint filed (...)

The Belgian Competition Authority imposes provisional measures in a case involving TV rights for a series of cyclocross competitions (Telenet)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 65834 visites
On 5 November 2015, the Competition College of the Belgian Competition Authority (“BCA”) imposed provisional measures with regard to TV rights for the Superprestige Cyclocross Competition to address a possible infringement of Article IV.1 and/or IV.2 of the Code of Economic Law (the Belgian (...)

The Düsseldorf Regional Court orders injunctive relief for infringement of standard-essential patents in the first German judgments after the CJEU decision on a recent FRAND in the tech sector (Sisvel / Haier)
Arnold Ruess (Düsseldorf)
France 1 contribution 544 visites
On 3 November 2015, the Düsseldorf Regional Court has issued judgments against Haier Deutschland GmbH und die Haier Europe Trading SRL, entities of Chinese Qingdao Haier Group. The Court ordered them to cease and desist from and render account on past infringements as well as determined (...)

The Düsseldorf Regional Court rules on the requirements of an antitrust defence against an SEP holder in light of the ECJ’s judgment (Sisvel / Haier)
Simmons & Simmons (Munich)
4 contributions 968 visites
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Simmons & Simmons (Dusseldorf)
Allemagne 3 contributions 488 visites
A strict approach to applying the principles established in Huawei/ZTE, in particular as regards the prompt provision of security and a statement of account of past use, resulted in the defendant losing the right to raise a fair, reasonable and non-discriminatory (FRAND) defence. In detail (...)

Mergers

 The Belgian Competition Authority decides to initiate an additional investigation concerning the acquisition of multiplex cinemas (Utopolis / Kinepolis)
Belgian Competition Authority (Brussels)
Belgium 109 contributions 22886 visits
The Belgian Competition Authority has decided to initiate an additional investigation in the case Mede-I/O-15/0030 regarding the acquisition by Kinepolis of the four multiplex cinemas Utopolis of the group Utopia in Flanders* On 12 October 2015, Kinepolis formally seized the Belgian (...)

The Chinese MOFCOM approves a merger in the semiconductor industry subjecting it to a fix-it-first remedy (NXP / Freescale)
University of Melbourne
Australie 103 contributions 29109 visites
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China Competition Bulletin (Beijing)
Chine 101 contributions 26067 visites
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Hogan Lovells (Beijing)
Chine 81 contributions 19901 visites
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NXP’s acquisition of Freescale was conditionally approved by the MOFCOM on 27 November 2015. Both companies are major players in the semiconductor industry. The notification was first accepted in May 2015 and review had entered extended phase 2, but the notification was withdrawn and then (...)

The German Competition Authority clears a merger in the waste management market (Remondis / Cortek Group)
German Competition Authority (Bonn)
Germany 447 contributions 113815 visits
REMONDIS CAN ACQUIRE CORTEK GROUP * In second phase proceedings the Bundeskartellamt has cleared the acquisition of the Cortek group by REMONDIS GmbH & Co. KG, Kloster Lehnin. The Cortek group includes the following companies: Cortek Gesellschaft für Recycling und Entsorgungsleistungen (...)

The EU Commission clears a merger between two semiconductors manufacturers (Avago / Broadcom)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
MERGERS: COMMISSION CLEARS AVAGO’S ACQUISITION OF BROADCOM* The European Commission has approved under the EU Merger Regulation the acquisition of Broadcom Corporation by Avago Technologies Limited. Both companies are global manufacturers of semiconductors. The Commission concluded that the (...)

The EU Commission approves the acquisition by a rival of a data center operator subject to the divestment of several data centers in Amsterdam, London, and Frankfurt (Telecity / Equinix)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
MERGERS: COMMISSION CLEARS ACQUISITION OF TELECITY BY EQUINIX, SUBJECT TO CONDITIONS* The European Commission has approved the proposed acquisition of data centre operator Telecity by rival Equinix subject to the divestment of a number of data centres in Amsterdam, London and Frankfurt. (...)

The Spanish Competition Authority fines two media companies for breaching commitments attached to the their previously completed concentrations in the audiovisual market (Mediaset and Atresmedia)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46229 visits
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Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 22032 visites
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Callol, Coca & Asociados (Madrid)
Espagne 61 contributions 3951 visites
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The NMCC has imposed fines of € 3 million and € 2,8 million respectively on Gestión Telecinco S.A. (Mediaset) and Antena 3 Televisión S.A. (Atresmedia) for infringing the commitments to which the authorisations of both past acquisitions of sole control over Cuatro and La Sexta, respectively, (...)

The Italian Competition Authority clears a merger between media operators by imposing a divestiture remedy (Libero Acquisition / Seat Pagine Gialle)
Municipality of Cagliari
167 contributions 133274 visits
By a decision made on 11 November 2015 the Italian Competition Authority (ICA) has closed a II-phase investigation into the proposed acquisition of Seat Pagine Gialle (Seat) by Libero Acquisition (Libero) in the Libero Acquisition/Seat Pagine Gialle case . The merging parties were media (...)

The EU Commission approves the creation of a joint venture between two of the world’s leading coffee manufacturers, subject to conditions (DEMB / Mondelēz)
European Commission
Belgique 1 contribution 174 visites
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European Commission - DG COMP (Brussels)
Belgique 4 contributions 2500 visites
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EFTA Surveillance Authority (Brussels)
Belgique 3 contributions 732 visites
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"Some like it hot! – coffee merger between DEMB and Mondelēz"* In a nutshell Coffee products belong to a differentiated market where the evaluation of closeness of competition is key to the competitive assessment. Internal documents, views of market participants and economic analysis (...)

The Finish Competition Authority issues an approval decision to en­sure con­sumers ben­e­fit from net­work part­ner­ship be­tween two telecommunications companies (DNA / Son­era)
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12572 visits
FCCA´s de­ci­sion en­sures con­sumers ben­e­fit from net­work part­ner­ship be­tween DNA and Son­era* DNA Oy and TeliaSonera Finland Oyj have offered the Finnish Competition and Consumer Authority (FCCA) a commitment that they will change their network partnership concerning Eastern and (...)

The Mexican Competition Authority fines two undertakings for failing to notify their merger (Alsea / Axo)
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26224 visits
COFECE sanctions Alsea and Grupo Axo for failing to notify a concentration* Mexico City, November 2nd 2015. - The Mexican Federal Competition Commission (COFECE) imposed sanctions for 1.5 million dollars to Alsea S.A.B de C.V (Alsea) and for one hundred and seventy four thousand dollars4 to (...)

State Aid

 The EU Court of Justice rules on the application of State aid rules in national court proeedings and the principle of res judicata (Klausner Holz Niedersachsen / Land Nordrhein Westfalen)
Van Bael & Bellis (Brussels)
Belgium 153 contributions 33998 visits
On 12 November 2015, the Court of Justice of the European Union (“ECJ”) handed down a judgment on a reference for a preliminary ruling from the Münster Regional Court in case C-505/14, Klausner Holz Niedersachsen GmbH v Land Nordrhein Westfalen. The case concerns the application of the EU (...)

Procedures

 The UK High Court decides that a standalone claim issued in the High Court could be transferred to the Competition Appeal Tribunal (Sainsbury Supermarkets / MasterCard)
Blackstone Chambers (London)
United Kingdom 23 contributions 5804 visits
Standalone claims in the CAT: bypassing the transitional rules* We have written before about the problems inherent in the transitional provisions of the new Consumer Rights Act 2015 (see Tom de la Mare QC’s blog here). A recent decision from Mr Justice Barling in the Mastercard litigation (...)

The Belgian Competition Authority fines an undertaking in a merger control investigation for failure to provide information on time (Sanoma Media)
McDermott Will & Emery (Brussels)
Belgium 49 contributions 9470 visits
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Temmerman (Brussels)
1 contribution 12 visites
Belgian Competition Authority fined an undertaking in a merger control investigation for failure to provide information on ti…* On 30 September 2015, the Competition College of the Belgian Competition Authority ("the College") imposed a fine of EUR 50,000 on the press group Sanoma Media (...)

The Canadian Supreme Court refuses to approve a fee sharing agreement between two companies on credit card interchange fees (Bancroft-Snell / Visa Canada)
Conzen O’Connor (Toronto)
23 contributions 5063 visites
Courts have begun to criticize plaintiff lawyers who file multiple overlapping class actions across the country. In Ontario, Perell J. refused to approve an agreement by two BC firms to share their fee with a Saskatchewan-based firm, Merchant Law Group (“MLG”) in Bancroft-Snell v. Visa Canada (...)

The Indian Competition Appellate Tribunal dismisses application for review of its earlier decision and delineates the difference between “power of review” and that of “appeal” (TDI Fun Republic Shops Owners’ Welfare Association / E-City Property Management and Services)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42180 visits
Competition Appellate Tribunal (COMPAT) pronounces decision on the scope of review* The COMPAT in its order dated 18.11.2015, has dismissed an application for review of COMPAT’s decision dated September 1, 2015 through which it had dismissed the appeal preferred by the Informant against a (...)

The Albanian Competition Commission approves a New Leniency Program
Electronic and Postal Communications Authority (Tirana)
Albanie 4 contributions 867 visites
The Commission of the Competition Authority during its meeting, date 17.11.2015 approved “The Leniency Program and Application Form for leniency”. This program is supported by Law no. 9121, Article 77, and date 28.07.2003 on “Competition Protection” (as amended). The program enables the (...)

The US Court of Appeals for the Third Circuit potentially widens the opening for additional classes of plaintiffs to assert claims for antitrust injury (Hanover 3201 Realty / Village Supermarkets)
Patterson Belknap Webb & Tyler (New York)
United States 5 contributions 1194 visits
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Patterson Belknap Webb & Tyler (New York)
United States 5 contributions 1494 visits
Third Circuit Provides Clarity to “Inextricably Intertwined” Basis of Antitrust Injury in Partially Reinstating Claims Against ShopRite* On November 12, 2015, the Third Circuit Court of Appeals issued an opinion partially reversing the dismissal of the plaintiff’s claims in Hanover 3201 (...)

The Belgian Competition Authority launches consultation on new leniency guidelines
Belgian Competition Authority (Brussels)
Belgium 109 contributions 22886 visits
Launch of a public consultation on new leniency guidelines* The BCA launches a public consultation in respect of the revision of its leniency guidelines. This revision was necessary following the introduction of sanctions and immunity from prosecution for natural persons in Book IV of the (...)

The European Commission publishes a far-reaching on proposals to boost the enforcement powers of national competition authorities) and to address differences between national competition enforcement systems in the European Union
Norton Rose Fulbright (Brussels)
United States 31 contributions 13962 visits
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On November 4, the European Commission published a far-reaching consultation (the Consultation) on proposals to boost the enforcement powers of national (...)

The EU Commission launches a consultation on boosting enforcement powers of national competition authorities
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
Antitrust: Commission sends statement of objections to suspected participants in electrolytic capacitors cartel* The European Commission is inviting comments on whether national competition authorities in EU Member States should be given additional tools to enforce EU antitrust rules. The (...)

The Hungarian Parliament adopts the new Public Procurement Act (Act CXLIII)
Baker McKenzie (Budapest)
Hongrie 17 contributions 36460 visites
The new Hungarian Public Procurement Act (PPA) applicable from 1 November 2015 brings fundamental changes by introducing automatic mandatory debarment from public procurement tenders as a consequence of any violation of Art. 101 TFEU or its national equivalents. This is a major change compared (...)

Regulatory

 The Spanish Competition Authority approves the draft regulation for high-speed broadband wholesale markets
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46229 visits
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Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 22032 visites
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Callol, Coca & Asociados (Madrid)
Espagne 61 contributions 3951 visites
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On 18 November the NMCC has approved the project of regulation regarding the wholesale markets for high speed Internet in Spain. After analysing the competitive conditions of the said markets the NMCC has identified Telefónica as the one operator having significant market power with regard to (...)

The EU Court of Justice rules on the possibility for a contracting authority to impose minimum wage special conditions on businesses tendering for public contracts (Regiopost)
Norton Rose Fulbright (London)
Royaume-Uni 2 contributions 301 visites
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Norton Rose Fulbright (London)
Royaume-Uni 1 contribution 226 visites
Introduction When can a contracting authority impose minimum wage special conditions on businesses tendering for public contracts? On 17 November 2015, the Court of Justice of the EU (CJEU) delivered its judgment in Regiopost v Stadt Landau (Regiopost), a landmark ruling which could have (...)