November 2019

General antitrust

 The South African Competition Authority releases its report on the retail grocery market outlining its conclusions following a four year inquiry
Baker McKenzie (Johannesburg)
Afrique du Sud 2 contributions 133 visites
On Monday, 25 November 2019, the Competition Commission published the final report in relation to its Grocery Retail Market Inquiry. The inquiry, which officially commenced on 27 November 2015, sought to elucidate features of the grocery retail market that have resulted in reduced competition (...)

The Maltese Government reiterates and confirms the fundamental non-discrimination and equivalence rule which applies to the technical specifications of tenders issued by Contracting Authorities (Vodafone Malta / Valletta Local Council)
Fenech & Fenech Advocates (Valletta)
Malta 5 contributions 311 visits
In a recent decision, the Public Contracts Review Board (“PCRB”) has reiterated and confirmed the fundamental non-discrimination and equivalence rule which applies to the technical specifications of tenders issued by Contracting Authorities. In PCRB case 1382 of 2019, Vodafone Malta Limited (...)

Anticompetitive practices

 The French Competition Authority carries out unannounced inspections in the VAT refund services sector
French Competition Authority (Paris)
France 743 contributions 395361 visits
Dawn raids: VAT refund services* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the VAT refund services sector. Following authorisation from the liberty and custody judge, the investigation services of the Autorité (...)

The EU Court of Justice dismisses an appeal in a cartel of power cable, confirming no infringement of the claimant’s rights of defence (Brugg / LS Cable)
Ashurst (Brussels)
Belgium 37 contributions 9019 visits
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ADNOC Group (Abu Dhabi)
United Kingdom 29 contributions 5384 visits
On 28 November 2019, the European Court of Justice ("ECJ") handed down judgments in three appeals against General Court judgments that had dismissed actions challenging the European Commission’s ("Commission") power cables cartel decision. Leniency applicant ABB’s appeal was partially upheld, (...)

The EU Court of Justice dismisses appeals brought by three manufacturers of power cables in a cartel case (Verwaltungs)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92686 visits
The Court of Justice of the European Union (the “Court of Justice”) dismissed in their entirety the appeals brought by LS Cable, Brugg Kabel and VISCAS (together with its parent company Furukawa), three manufacturers of power cables, against the judgment of the General Court which had upheld (...)

The Dutch Highest Administrative Court issues its final judgement in the flour cartel case
Bird & Bird (The Hague)
Netherlands 34 contributions 8724 visits
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KPN (Amsterdam)
Netherlands 33 contributions 7193 visits
On 28 November 2019 the highest administrative court in The Netherlands (het College van Beroep voor het bedrijfsleven, "CBb") issued its final judgment in the flour cartel case. CBb has previously on 19 March 2019 issued an interlocutory ruling in this case. The Dutch competition authority (...)

The Mexican Competition Authority closes probe for possible collusion in the market for watt-hour meters and emphasizes opportunities for improvement in the public procurement processes
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26224 visits
COFECE CLOSES PROBE FOR POSSIBLE COLLUSION IN MARKET FOR WATT- HOUR METERS AND EMPHASIZES OPPORTUNITIES FOR IMPROVEMENT IN PUBLIC PROCUREMENT PROCESSES* The Federal Economic Competition Commission’s (COFECE or Commission) Board of Commissioners resolved to decree the closure of the (...)

The Danish Supreme Court rules against two major road marking undertakings for submitting a joint bid with the object of restricting competition (Road Marking Case)
Bird & Bird (Copenhagen)
Denmark 36 contributions 8085 visits
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Bird & Bird (Copenhagen)
Denmark 23 contributions 2504 visits
On 27 November 2019, the Danish Supreme Court delivered its judgment in the expected ’’Road marking case’’, deciding that two undertakings had infringed the Danish Competition Act by submitting joint bids for a project for the Danish Road Directorate in 2014. In February 2014, the Danish (...)

The German Competition Authority and the Federal Network Agency publish their joint annual monitoring report on developments in the German electricity and gas markets
German Competition Authority (Bonn)
Germany 447 contributions 113814 visits
ENERGY MONITORING REPORT 2019 PUBLISHED BY THE BUNDESNETZAGENTUR AND THE BUNDESKARTELLAMT* The Bundesnetzagentur and the Bundeskartellamt have today published their joint annual monitoring report on developments in the German electricity and gas markets. At present no market dominance in (...)

The Danish Supreme Court renders a judgment on the legality of consortium agreements and repeals a decision between two companies regarding their joint bid on a public tender for road marking work (LFK / Eurostar)
Gorrissen Federspiel (Copenhagen)
Danemark 2 contributions 885 visites
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Gorrissen Federspiel (Copenhagen)
Danemark 7 contributions 2551 visites
The legality of consortium agreements under competition law has been widely debated in recent years. On 27 November 2019 the Supreme Court rendered a much-anticipated judgment on this subject. The court repealed a Maritime and Commercial High Court decision from 2018 in a case concerning a (...)

The Danish Supreme Court concludes that two undertakings have implemented bid-rigging in the market of road marking (LKF / Eurostar)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35915 visits
Supreme Court: Road marking consortium was illegal* The Danish Supreme Court has decided that the two undertakings LKF Vejmarkering (now GVCO) and Eurostar Danmark infringed the Danish competition Act, by submitting joint bids for a project for the Danish Road Directorate in 2014. Facts on (...)

The Dutch Court of Appeal finds a subsidiary liable for the cartel damage caused by a minority shareholder that had or could have a decisive influence over it (Cogelex)
Maastricht University
Pays-Bas 5 contributions 3120 visites
In a decision of 26 November 2019, the Court of Appeal Arnhem-Leeuwarden deduced from the Court of Justice’s decision in Skanska that the EU concept undertaking is to be used to determine the entity which is required to provide compensation for damage caused by an infringement of Article 101 (...)

The Dutch Court of Appeal in Arnhem-Leeuwarden applies the EU competition law notion of an undertaking in a cartel damages claim procedure (GIS Cartel)
KPN (Amsterdam)
Netherlands 33 contributions 7193 visits
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Bird & Bird (The Hague)
Netherlands 34 contributions 8724 visits
On 26 November 2019 the Court of Appeal of Arnhem ("Court of Appeal") applied the EU competition law notion of an ‘undertaking’ in a cartel damage claim procedure between TenneT and entities belonging to the Alstom group of companies. The Court of Appeal ruled that one of these entities (...)

The Dutch Arnhem-Leeuwarden Court of Appeal applies the Skanska judgement and determines that the parent company of a firm participating in the gas insulated switch gear cartel may be liable for damages (TenneT / Alstom / Cogelex)
Jones Day (Amsterdam)
Pays-Bas 11 contributions 274 visites
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Jones Day (Amsterdam)
Pays-Bas 11 contributions 274 visites
Brief summary of facts If this decision, the Court of Appeal Arnhem-Leeuwarden applied the Skanska judgment of the European Court of Justice (i.e. applied the competition law definition of an ‘undertaking’ within the meaning of Article 101 TFEU) to establish liability of a subsidiary for (...)

The Spanish Competition Authority fines a company for anticompetitive restrictions in contracts concluded with authorized repairers of gas boilers (Vaillant)
Van Bael & Bellis (Brussels)
Belgique 173 contributions 56716 visites
On 26 November 2019, the Spanish Competition Authority (“CNMC”) imposed total fines of € 859,763 on several companies in the Vaillant Group, suppliers and repairers of gas boilers, for a breach of Article 1 of the Spanish Competition Act for anticompetitive restrictions in contracts concluded (...)

The Dutch Court of Appeal applies a rationale of the EU Court of Justice and finds a subsidiary liable for damages resulting from an EU competition law infringement committed by its parent company whilst engaging in a cartel (Cogelex)
Leiden University - Faculty of Governance and Global Affairs
Pays-Bas 2 contributions 424 visites
Introduction In its interim judgement of 26 November 2019 (‘interim judgement’) the Dutch Court of Appeal Arnhem-Le euwarden (‘Court of Appeal’) applied the rationale of the Court of Justice of the European Union (‘CJEU’) in Skanska to rule that Cogelex (a subsidiary) and Alstom Holdings (...)

The French Competition Authority rejects a complaint for not being in its jurisdiction (Fréthelle / Beauvais)
French Competition Authority (Paris)
France 743 contributions 395361 visits
Pursuant to this Decision, the Competition Authority declares inadmissible the referral of the case to Fréthelle, taking the view that the facts relied on do not fall within its field of competence. The Fréthelle company, which operates a public road passenger transport business, denounces (...)

The Hellenic Competition Authority fines companies after the biggest dawn raid for anticompetitive horizontal agreements in the banking sector
Kyriakides Georgopoulos (Athens)
Greece 61 contributions 2279 visits
The Hellenic Competition Commission’s (HCC’s) investigatory activity during 2019 was marked by the biggest Dawn Raid carried out to date by HCC’s officials in the banking sector. HCC officials carried out successive unannounced ex-officio investigations at the premises of a number of banks and (...)

The German Competition Authority fines car manufacturers for anti-competitive practices in the purchase of steel (BMW / Daimler / Volkswagen)
German Competition Authority (Bonn)
Germany 447 contributions 113814 visits
German car manufacturers fined for anticompetitive practices in the purchase of steel* The Bundeskartellamt has imposed fines totalling around 100 million euros on Bayerische Motoren Werke AG, Daimler AG and Volkswagen AG for anticompetitive practices in the purchase of long steel products. (...)

The German Competition Authority fines car makers for steel purchasing cartel (BMW / Daimler / Volkswagen)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92686 visits
According to a press release of the German Federal Cartel Office (“FCO”) dated 21 November 2019, car manufacturers BMW, Daimler and Volkswagen were fined a total amount of approximately € 100 million for their involvement in a steel purchasing cartel between 2004 and 2013. The anticompetitive (...)

The German Competition Authority fines €100 million three car manufacturers for joint anti-competitive practices concerning the purchase of long steel products (BMW / Daimler / Volkswagen)
Ashurst (Frankfurt)
Germany 15 contributions 4178 visits
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Ashurst (Munich)
Allemagne 1 contribution 74 visites
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Ashurst (Munich)
Germany 9 contributions 1748 visits
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On 21 November 2019, the German Federal Cartel Office ("FCO") issued fines totalling approximately €100 million on BMW, Daimler and Volkswagen for joint anti-competitive practices concerning the purchase of long-steel products. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS In 2018, the FCO imposed (...)

The Latvian Competition Authority fines a DIY retailer as it becomes evident during the appeals procedure that a company manager did not disclose requested information during the investigation (DEPO DIY)
Cobalt Legal (Riga)
Lettonie 24 contributions 43728 visites
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Cobalt Legal (Riga)
Lettonie 20 contributions 35517 visites
Latvian Competition Council fines a DIY retailer for obstruction, because in appeal proceedings it puts forward new information that was not disclosed during investigation In August 2017, the Competition Council adopted an infringement decision against three DIY retailers and signed a (...)

The Federal Court of Appeals for the District of Columbia grants motion to intervene by 12 car manufacturers, supporting government on uniform federal emissions standards, following the announcement of DOJ investigation of four other carmakers (Environmental Defence / National Highway)
Richard Wolfram, Esq. (New York)
États-Unis 3 contributions 2430 visites
TWELVE OTHER CARMAKERS MOVE TO SUPPORT GOVERNMENT ENFORCEMENT OF UNIFORM FEDERAL STANDARDS ON EMISSIONS - WILL THE DOJ INVESTIGATE?* This article follows up on an October 15, 2019 article by the author on a reported investigation by the DOJ Antitrust Division into possible ‘collusion’ by (...)

The Chinese State Administration for Market Regulation publishes a draft to incentivise whistleblowing and reward measures for complaints against significant illegal conduct in the regulation field
Hogan Lovells (Beijing)
China 81 contributions 19897 visits
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Hogan Lovells (Hong Kong)
Hong Kong 3 contributions 611 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. COMPETITION LAW WHISTLE-BLOWING TO PAY OFF IN CHINA ?* As the number of leniency applications is down globally and competition authorities are struggling to (...)

The Indian Competition Authority rules that quoting identical rates in tenders to oil marketing companies does not necessarily amount to a cartel (Prathima)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18442 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20471 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19369 visits
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Continuing the long saga of cartel proceedings against LPG cylinder manufacturers accused of bid-rigging in tenders to oil marketing companies, the CCI held in a recent order that one of the opposite parties – Prathima Industries (Prathima) - had quoted identical rates to those quoted by (...)

The UK Ofcom finds an illegal market-sharing agreement in the parcel delivery services (Royal Mail / The SaleGroup)
Ashurst (London)
United Kingdom 34 contributions 16825 visits
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Ashurst (London)
United Kingdom 13 contributions 3942 visits
On 14 November 2019, Ofcom issued an infringement decision under Article 101 TFEU and Chapter 1 Competition Act 1998 against Royal Mail and The SaleGroup Limited ("TSG") finding that a parcel delivery services agreement was anticompetitive. This was swiftly followed by a decision to open a (...)

The EU Court of Justice dismisses an appeal seeking to set aside an earlier judgement by the General Court sanctioning a cartel of manufacturers of power cables (Verwaltungs)
ADNOC Group (Abu Dhabi)
United Kingdom 29 contributions 5384 visits
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Ashurst (Brussels)
Belgium 37 contributions 9019 visits
On 14 November 2019, the European Court of Justice ("ECJ") dismissed the appeal in case C-599/18 P brought by Silec Cable ("Silec"), which sought to set aside an earlier judgment by the General Court upholding the European Commission’s ("Commission") power cables decision. WHAT YOU NEED TO (...)

The Spanish Competition Authority fines €77.1 million two companies for developing commercial policies to consolidate their position in the marketing of television advertising sector (Mediaset / Atresmedia)
Ashurst (Madrid)
Espagne 14 contributions 2244 visites
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Spanish Competition Authority (CNMC) (Madrid)
Espagne 8 contributions 1410 visites
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Ashurst (Madrid)
Espagne 7 contributions 887 visites
On 13 November 2019, the Spanish Competition Authority ("CNMC") announced that it had fined Mediaset and Atresmedia €77.1 million in total for antitrust practices in the marketing of television advertising. Both companies have been required to cease their behaviour and adapt their commercial (...)

The Spanish Competition Authority fines €77,2 million the largest media companies for including clauses in their contracts that foreclosed the access of competitors to the television advertising market (Mediaset / Atresmedia)
Bird & Bird (Madrid)
Spain 29 contributions 4687 visits
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Ecija & Asociados (Madrid)
Spain 20 contributions 2167 visits
On 12 November 2019, the Spanish Competition Authority ("CNMC") imposed a total fine of EUR 77.2 million on Mediaset and Atresmedia, the largest media companies in Spain, for including clauses in their contracts with advertisers and media agencies that foreclosed the access of competitors to (...)

The Spanish Competition Authority imposes fines totalling €77 million on two national leading TV channel operators for restricting other channels’ abilities to compete for advertising revenue (Mediaset / Atresmedia)
Van Bael & Bellis (Brussels)
Belgique 173 contributions 56716 visites
On 12 November 2019, the Spanish Competition Authority (“CNMC”) fined Spain’s two leading TV channel operators Mediaset and Atresmedia a total of € 77 million for imposing single-branding obligations in their agreements with television advertisers. The CNMC concluded that the two TV channel (...)

The Czech Competition Authority rejects the appeal brought by an online travel agency company and confirms the fine imposed for entering into prohibited vertical agreements (Booking.com)
Dentons (Prague)
République tchèque 5 contributions 633 visites
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Bird & Bird (Prague)
Czech Republic 25 contributions 4328 visits
Petr Rafaj, the Chairman of the Office for the Protection of Competition, rejected, by his final decision, the appeal brought by the company Booking.com B.V. ("Booking.com") and confirmed the fine amounting to CZK 8,336,000 imposed on the company for entering into prohibited vertical (...)

The French Competition Authority carries out unannounced inspections in the port service activities sector in the Mayotte island
French Competition Authority (Paris)
France 743 contributions 395361 visits
Dawn raids in Mayotte* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the port service activities sector in the Longoni port (Mayotte island). Following authorisation from the liberty and custody judge, the (...)

The EU General Court partially annuls the Commission’s decision in a car battery recycling cartel case finding that the Commission erred in its findings on the duration of the infringement and on the fine reduction for mitigating circumstances (Campine)
Ashurst (Brussels)
Belgium 37 contributions 9019 visits
On 7 November 2019, the General Court ("GC") partially annulled with respect to Campine the Commission’s decision in the car battery recycling cartel case. While the Commission was correct to establish that Campine had participated in an unlawful cartel, the GC concluded that the Commission (...)

The EU General Court reduces the fine imposed on a company involved in a car battery recycling cartel (Campine)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92686 visits
On 7 November 2019, the General Court (“GC”) ruled on an appeal lodged by Campine Recycling NV (“Campine”) against the Commission’s decision fining Campine € 8,158,000 for its involvement in the Car Battery Recycling cartel. In its decision, the Commission found that Campine had agreed with (...)

The French Competition Authority carries out unannounced inspections in the inter-island air passenger traffic sector in La Réunion
French Competition Authority (Paris)
France 743 contributions 395361 visits
Dawn raids in La Réunion* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the inter-island air passenger traffic sector in the Indian Ocean area. Following authorisation from the liberty and custody judge, the (...)

The EU Commission launches a public consultation on the block exemption regulations
Allen & Overy (Brussels)
Belgium 28 contributions 3272 visits
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Bird & Bird (Brussels)
Belgium 42 contributions 12192 visits
On 6 November 2019, the European Commission launched a public consultation on the Horizontal Block Exemption Regulations ("HBERs") – the Research & Development Block Exemption Regulation ("R&D BER") and the Specialisation Block Exemption Regulation ("Specialisation BER"), and the (...)

The US DoJ announces the formation of a "Procurement Collusion Strike Force"
Ontra (Philadelphia)
États-Unis 1 contribution 470 visites
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Morgan Lewis (Washington)
États-Unis 1 contribution 470 visites
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Morgan Lewis (Silicon Valley)
États-Unis 11 contributions 1968 visites
The US Department of Justice (DOJ) on November 5 announced the formation of the Procurement Collusion Strike Force (PCSF). This interagency initiative will “lead a coordinated national response to combat antitrust crimes and related schemes in government procurement, grant, and program funding (...)

The US DoJ launches a "Strike Force" to combat anticompetitive crimes in government procurement
Jones Day (Washington)
États-Unis 5 contributions 1008 visites
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Jones Day (Washington)
États-Unis 1 contribution 431 visites
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Jones Day (Washington)
États-Unis 1 contribution 431 visites
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Last week, the U.S. Department of Justice ("DOJ") launched the Procurement Collusion Strike Force ("PCSF") to detect, investigate, and prosecute antitrust crimes in government procurement, grant, and program funding, at all levels of government. This interagency partnership includes (...)

The US DoJ forms new criminal antitrust “strike force” focused on investigating price-fixing and bid-rigging for government contracts
Baker Botts (Washington)
États-Unis 4 contributions 579 visites
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Clifford Chance (Washington)
États-Unis 11 contributions 2547 visites
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Amazon (Washington)
États-Unis 4 contributions 579 visites
On November 5, 2019, the U.S. Department of Justice (“DOJ”) announced the creation of a new “strike force” designed to combat criminal antitrust violations in the government procurement process. The newly-formed Procurement Collusion Strike Force (“PCSF”) will include prosecutors from DOJ’s (...)

The US DoJ announces the creation of a Procurement Collusion Strike Force with implications for US companies and beyond
Baker McKenzie (Washington)
États-Unis 5 contributions 552 visites
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Baker McKenzie (Washington)
États-Unis 1 contribution 108 visites
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Baker McKenzie (Washington)
États-Unis 2 contributions 143 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On November 5, 2019, the United States Department of Justice (DOJ) announced the creation of a strike force, consisting of federal and state investigators and (...)

The US DoJ announces major new government procurement antitrust initiative
Latham & Watkins (New York)
États-Unis 4 contributions 911 visites
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Latham & Watkins (Washington)
États-Unis 1 contribution 52 visites
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Latham & Watkins (Washington)
États-Unis 1 contribution 52 visites
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On Nov. 5, the Antitrust Division of the U.S. Department of Justice announced a major new initiative focused on antitrust enforcement in the area of public (...)

The EU Commission opens an investigation into a possible collusion by two French retailers in a purchasing alliance (Casino Guichard-Perrachon / Les Mousquetaires)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823576 visits
Antitrust: Commission opens investigation into possible collusion by two French retailers in a purchasing alliance* The European Commission has opened a formal antitrust investigation to assess whether two French groups of retailers, Casino Guichard-Perrachon (known as ‘Casino’) and Les (...)

Unilateral Practices

 The French Competition Authority launches a market inquiry following a game console manufacturer’s commitments proposal (Sony)
French Competition Authority (Paris)
France 743 contributions 395361 visits
Games consoles: The Autorité launches a market consultation* In the context of a litigation procedure opened before the Autorité, Sony offers commitments to make its licensing policy more transparent to third parties wishing to manufacture and market compatible controllers with the (...)

The Paris Court of Appeal clarifies the relevant test for characterizing an excessive price in the market of waste disposal for hospitals and clinics in Corsica (Sanicorse)
Dechert (Paris)
France 47 contributions 68836 visits
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Dechert (Paris)
France 20 contributions 22017 visits
On 14 November 2019, the Paris Court of Appeal (the “Court”) quashed a decision of the French Competition Authority (“FCA”) of 20 September 2018 in which the latter had imposed € 199 000 fine on Sanicorse for having abused its dominant position on the market for infectious clinical waste (...)

The UK Competition Appeal Tribunal upholds the Ofcom decision on abuse of dominance and discriminatory pricing strategy in the mail delivery service market (Royal Mail / Whistl)
Bird & Bird (London)
United Kingdom 3 contributions 480 visits
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Bird & Bird (London)
United Kingdom 28 contributions 3414 visits
On 12 November 2019, the Competition Appeal Tribunal ("Tribunal") upheld Ofcom’s decision against Royal Mail Plc (Royal Mail), finding Royal Mail’s pricing strategy in relation to bulk mail delivery services to be discriminatory and an abuse of dominance. Royal Mail first announced the (...)

The Italian Supreme Court rules that an airline company abused its dominant position by refusing to grant online travel agencies the right to intermediate its tickets by accessing its databases and procedures for flight reservations (Ryanair)
Bird & Bird (Rome)
Italy 19 contributions 4096 visits
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Luiss Guido Carli University (Rome)
Italy 27 contributions 5464 visits
On 12 November, the Italian Supreme Court brought to an end a multi-jurisdictional dispute which began in 2008, related to the Ryanair’s refusal to grant online travel agencies ("OTAs") the right to intermediate its tickets by accessing its databases and procedures for flight reservations. (...)

The UK Competition Appeal Tribunal upholds a fine totalling £50M against the national postal service for abusing its dominant position by announcing price changes (Royal Mail / Whistl)
Ashurst (London)
United Kingdom 34 contributions 16825 visits
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Ashurst (London)
United Kingdom 13 contributions 3942 visits
On 12 November 2019, the UK Competition Appeal Tribunal ("CAT") upheld Ofcom’s decision to fine Royal Mail £50 million for abusing a dominant position by announcing price changes. Royal Mail has announced that it is seeking permission to appeal to the Court of Appeal. WHAT YOU NEED TO KNOW - (...)

The UK Competition Appeal Tribunal upholds Ofcom’s fine against the national postal service for price discrimination (Royal Mail / Whistl)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 65834 visits
The UK’s Competition Appeal Tribunal upholds the Ofcom’s record £50 million fine against Royal Mail for price discrimination against Whistl, a competitor in the market for the processing of bulk mail.On 12 November 2019, the UK’s Competition Appeal Tribunal (CAT) upheld the UK communication (...)

The Italian Supreme Court rules on the abuse of a dominant market position of a company in the aviation sector and reinstates the criteria needed to determine the relevant market (Ryanair)
Accademia del Lusso (Milan)
Italy 3 contributions 667 visits
The facts of this case date back to 2007, when Ryanair decided to exclude all intermediaries from relations with its customers and directed all consumer internet traffic to its website, where other services were also offered by operators and commercial partners of the company, which therefore (...)

The UK Competition Appeal Tribunal considers what constitutes abusive conduct and the use of expert economic advice and clarifies what the "as-efficient competitor test" entails (Royal Mail / Whistl)
Latham & Watkins (London)
Royaume-Uni 2 contributions 792 visites
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Latham & Watkins (London)
Royaume-Uni 10 contributions 12843 visites
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Latham & Watkins (London)
Royaume-Uni 1 contribution 741 visites
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UK COMPETITION APPEAL TRIBUNAL JUDGMENT: PUSHING THE ENVELOPE ON ABUSE OF DOMINANCE* The CAT’s Royal Mail v Ofcom judgment considers what constitutes abusive conduct, the “as-efficient competitor” test, and the use of expert economic advice. On 12 November 2019, the UK Competition Appeal (...)

The Turkish Competition Authority imposes a daily fine on a Big Tech company for not complying with previously imposed obligations (Google)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 12 contributions 2994 visites
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 20 contributions 4473 visits
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ACTECON (Istanbul)
Turkey 9 contributions 2323 visits
Turkish Competition Authority (“TCA”) recently published its decision (“Review Decision”) reviewing the obligations that ought to be fulfilled by the economic integrity comprised of Google LLC, Google International LLC and Google Reklamcılık ve Pazarlama Ltd. Şti. (will be referred to as (...)

The Turkish Competition Authority concludes preliminary inquiry into a Big Tech’s shopping unit bidding mechanism and takes decision not to proceed to full fledged investigation (Google)
ACTECON (Istanbul)
Turkey 27 contributions 9532 visits
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ACTECON (Istanbul)
Turkey 12 contributions 2808 visits
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ACTECON (Istanbul)
Turquie 8 contributions 1969 visites
TCA’s Preliminary Inquiry into Google’s Shopping Unit Bidding Mechanism On 07.11.2019, the Turkish Competition Authority (“TCA”) concluded its preliminary inquiry regarding Google’s bidding system and decided not to initiate a full-fledged investigation. Said preliminary inquiry had been (...)

The Turkish Competition Authority experts impose administrative fines on undertakings to ensure the protection of competition (Google)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 75785 visits
Introduction The Law on Protection of Competition (“Law No. 4054”) outlines the Competition Board’s (“Board”) and the Competition Authority’s experts’ powers while implementing their duties to ensure the protection of competition. Accordingly, Law No. 4054 imposes several types of (...)

Mergers

 The Spanish Competition Authority imposes a fine on a fruit-wholesaler for gun-jumping (Nufri)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20620 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 28559 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20604 visits
NUFRI, Sociedad Agraria de Transformación, has been fined by the CNMC for implementing a merger prior to its notification. In the beginning of the year, NUFRI acquired fruit-based products’ manufacturer Grupo Indulleida. The transaction was only pre-notified on 15 April 2019 and, (...)

The Italian Government implements a directive regarding cross-border mergers, demergers and transformations
Hogan Lovells (Milan)
Italie 2 contributions 67 visites
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Hogan Lovells (Milan)
Italie 2 contributions 67 visites
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Hogan Lovells (Rome)
Italie 1 contribution 36 visites
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The Italian Government has approved the Legislative decree no. 19 of 2 March 2023 (the “Decree”) implementing in Italy the Directive (EU) 2019/2121 of the European Parliament and of the Council of 27 November 2019, amending the Directive (EU) 2017/1132 regarding, among other things, (...)

The French Competition Authority conditionally clears a merger in the construction industry (Point P Travaux Publics / Frans Bonhomme)
French Competition Authority (Paris)
France 743 contributions 395361 visits
Green light, subject to conditions, to the acquisition of Point P Travaux Publics by Frans Bonhomme* On 18 October 2019, Frans Bonhomme notified the Autorité de la concurrence of its plan to acquire control of one of its competitors, Distribution de Matériaux pour les Travaux Publics (...)

The Turkish Competition Authority approves the transaction concerning the indirect acquisition of joint control over a chemical company by an investment fund (Cinven / Vakıf / Barentz)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81260 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 5533 visits
This case summary concerns an analysis of the Board’s Cinven/Vakıf/Barentz decision, in which the Board evaluated the acquisition of joint control over H.L. Barentz B.V. (“ Barentz ”) by (i) an investment fund, which was ultimately controlled by Cinven Capital Management (VI) General Partner (...)

The Spanish Competition Authority approves in first phase with commitments a merger in the wholesale distribution of pharmaceutical products (Cofares / Cofarta)
Ramón y Cajal (Madrid)
Espagne 1 contribution 103 visites
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Ramón y Cajal (Madrid)
Spain 11 contributions 4137 visits
Introduction On 21 November 2019, the Spanish Competition Authority (“CNMC”) authorized, in first phase with commitments, the acquisition by COFARES, the main wholesale distributor of pharmaceuticals in Spain, of Cofarta Cooperativa’s pharmaceutical distribution business (the “Target”). This (...)

The Indian Competition Authority imposes a penalty on an undertaking which only notified the first acquisition of an energy company without doing so for the subsequent acquisitions (CPPIB / ReNew Power)
Shardul Amarchand Mangaldas (New Delhi)
India 60 contributions 17599 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18442 visits
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Shardul Amarchand Mangaldas (New Delhi)
Inde 67 contributions 19663 visites
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Where a transaction qualifies as a notifiable combination, the notifying party/parties must also notify any inter- connected transactions, even where they are not in themselves notifiable. Failure to do so can result in penalties under Section 43A of the Competition Act for failure to notify. (...)

The German Competition Authority clears a merger in the market of processed meat and sausages products (Reinert / Kemper)
German Competition Authority (Bonn)
Germany 447 contributions 113814 visits
Processed meat and sausage producers Kemper and Reinert can merge* The Bundeskartellamt has today cleared the merger between the Reinert Group (H. & E. Reinert Holding GmbH & Co. KG) and the Kemper Group (H. Kemper GmbH & Co. KG /P.F.C. Pro Food Company GmbH & Co. KG). The (...)

The Peruvian Competition Authority introduces a premerger review system of corporate concentration transactions
Peruvian Competition Authority - INDECOPI (Lima)
Pérou 8 contributions 1926 visites
INDECOPI WILL DEVELOP AND ADMINISTER THE PREMERGER REVIEW SYSTEM* Today the Executive Branch has published Urgent Decree 013-2019 which approves the Act for premerger review, introducing for the first time in Peru a premerger review system of corporate concentration transactions which will (...)

The Italian Competition Authority clears a merger subject to remedies in the natural gas distribution market (AcegasApsAmga / Ascopiave)
Italian Competition Authority (Rome)
Italy 69 contributions 18418 visits
Antitrust: The acquisition of control of the business units of AcegasApsAmga S.p.A. by Ascopiave S.p.A. authorized with conditions* On 19 November 2019, the Italian Antitrust Authority authorized, with remedies, the acquisition of control of the business units of AcegasApsAmga S.p.A. by (...)

The EU Commission opens an in-depth investigation into proposed merger between the two leading copper scrap refiners in Europe (Metallo / Aurubis)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823576 visits
Mergers: Commission opens in-depth investigation into proposed acquisition of Metallo by Aurubis* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Metallo by Aurubis, under the EU Merger Regulation. The Commission is concerned that the (...)

The Italian Competition Authority conditionally clears a merger in the market for distribution of natural gas (Rami Distribuzioni)
Municipality of Cagliari
167 contributions 133270 visits
With a II-Phase conditional clearance decision, the Italian Competition Authority (ICA) has closed the review of the merger notified in the Rami Distribuzioni case. The ICA had concerns that the merger might negatively affect competition in the market for the distribution of natural gas. (...)

The Finnish Competition Authority proposes to the Market Court to prohibit the merger between two operators in wholesale services in the foodservice industry (Kesko / Heinon Tukku)
Hannes Snellman (Helsinki)
Finlande 23 contributions 3019 visites
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Bird & Bird (Helsinki)
Finlande 14 contributions 1097 visites
On 18 November 2019, the Finnish Competition and Consumer Authority ("FCCA") proposed the Market Court to prohibit the merger between Kesko Oyj and Heinon Tukku Oy, two operators in wholesale services in the foodservice industry. According to the FCCA, the merger would significantly impede (...)

The Italian Competition Authority authorizes the acquisition of a media company by a private equity firm (F2I / Persidera)
Italian Competition Authority (Rome)
Italy 69 contributions 18418 visits
Antitrust: acquisition of Persidera by Terzo Fondo authorized with remedies* On 12 November 2019, the Authority concluded its investigation, launched on 4 September 2019, to assess the effects on competition of the acquisition of the sole control of Persidera S.p.A. by Terzo Fondo per le (...)

The EU Commission clears subject to behavioural commitments a merger in the telecommunications sector (Telia / Bonnier Broadcasting)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 71807 visites
On 12 November 2019, the European Commission (“Commission”) conditionally cleared Telia Company’s acquisition of Bonnier Broadcasting Company after a Phase II investigation. Telia is a Swedish telecommunications company that provides fixed and mobile telecommunications, broadband and (...)

Phase II : The European Commission approves, after a Phase II investigation and subject to behavioural remedies in Sweden and Finland, the acquisition by a Swedish telecommunication and mobile network operator of an audiovisual content provider (Telia / Bonnier Broadcasting)
ICC France (Paris)
France 37 contributions 9195 visits
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Hogan Lovells (Paris)
France 15 contributions 7921 visits
The audiovisual sector is highly dynamic and incumbent players increasingly face the competitive pressure exerted by subscription video on demand (SVOD) platforms such as Amazon Prime, Netflix or Disney+. One of the most pressing questions for competition authorities analyzing this sector is (...)

The EU Commission clears a merger subject to remedies in the market of telecommunications and TV broadcasting (Telia / Bonnier Broadcasting)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823576 visits
Mergers: Commission clears Telia’s acquisition of Bonnier Broadcasting, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Bonnier Broadcasting by Telia. The approval is conditional on full compliance with a commitments (...)

The French State Council upholds a €20M fine against a retailer specialising in cultural and electronic products for breach of merger commitments (Fnac / Darty)
Addleshaw Goddard (Paris)
France 39 contributions 44100 visits
In a decision of 7 November 2019, the French State Council ("Conseil d’Etat") dismissed the appeal brought by Fnac Darty, a retailer specialising in cultural and electronic products, against a fine imposed by the French Competition Authority (the "FCA") for failure to comply with its (...)

The French State Council upholds the Competition Authority’s decision to fine a merged company for non-compliance with its merger commitments (Fnac / Darty)
French Competition Authority (Paris)
France 743 contributions 395361 visits
The Conseil d’Etat confirms the decision regarding the fine handed down to Fnac Darty for non-compliance with its commitments* In a judgment dated 7 November 2019, the Conseil d’Etat confirmed the whole of the decision 18-D-16 by which the Autorité fined Fnac Darty €20 million for failing (...)

The Polish Competition Authority fines a company in the energy sector €40 million for not providing requested information during an investigation (Engie)
Bird & Bird (Warsaw)
Poland 19 contributions 3005 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 3005 visits
On 7 November 2019, the Polish Office of Competition and Consumer Protection ("UOKiK") imposed a PLN 172 million (EUR 40 million) fine on Engie Energy Management Holding Switzerland AG ("Company") for not providing requested information. The fine was imposed due to the lack of response to (...)

The US FTC finds a consummated merger between two sellers of prosthetic knees anticompetitive and orders assets to be divested (Otto Bock / Freedom)
Davis Polk (New York)
États-Unis 2 contributions 303 visites
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Davis Polk (New York)
États-Unis 1 contribution 53 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On November 6, 2019, the Federal Trade Commission unanimously found that the consummated merger of two sellers of prosthetic knees violated United States (...)

The Dutch Competition Authority needs further investigation into a joint-venture of asphalt plant construction companies (BAM / Heijmans)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35137 visits
Further investigation needed into joint venture of asphalt plants of construction companies BAM and Heijmans* The plans of Dutch construction companies BAM and Heijmans to combine their asphalt plants have not yet been cleared by the Netherlands Authority for Consumers and Markets (ACM). BAM (...)

The US FTC orders the unwinding of a merger that was not HSR-reportable between two companies supplying prosthetics (Otto Bock / Freedom)
Orrick, Herrington & Sutcliffe (Washington)
États-Unis 2 contributions 158 visites
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Orrick, Herrington & Sutcliffe (Washington)
États-Unis 3 contributions 3265 visites
The HSR Act requires that parties to certain transactions submit a premerger notification filing to the Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC), and then observe a waiting period before closing. Any transaction valued in excess of the HSR threshold – (...)

The US FTC confirms the acquisition of a rival lessens competition in the market for microprocessor-driven prosthetic knees (Otto Bock / Freedom)
Cadwalader Wickersham & Taft (New York)
États-Unis 4 contributions 1763 visites
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Cadwalader Wickersham & Taft (Charlotte)
États-Unis 2 contributions 807 visites
BUYER BEWARE: FTC ORDERS UNWINDING OF A CONSUMMATED TRANSACTION* What happened? On November 6, 2019, the Federal Trade Commission (“FTC”) voted 5-0 to uphold Administrative Law Judge D. Michael Chappell’s initial decision that Otto Bock HealthCare GmbH’s (“Otto Bock”) acquisition of rival (...)

State Aid

 The EU Commission approves under EU State aid rules a German scheme for very high capacity broadband networks in Bavaria (Bavarian)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823576 visits
State aid: Commission approves German scheme for very high capacity broadband networks in Bavaria* The European Commission has approved, under EU State aid rules, a Bavarian scheme to deploy very high capacity networks in Bavaria. The aid will bring very fast broadband to customers in areas (...)

The Polish Court of Appeal in Warsaw issues a judgment on the application of State aid law by arbitration tribunals
Warsaw School of Economics
Pologne 16 contributions 860 visites
Background & facts of the case Based on a tender and a respective concession agreement Polish authorities entrusted in 1997 a private Polish company Autostrada Wielkopolska S.A. with construction and operation of a motorway. Following Poland’s accession to the EU, national laws were (...)

The Italian Regional Administrative Court of Trentino-Alto Adige issues a decision on the application of State aid provisions to public service compensation (SAD Trasporto Locale / Autonomous Province of Bolzano)
BonelliErede (Brussels)
Belgique 28 contributions 23144 visites
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Luiss Guido Carli University (Rome)
Italie 23 contributions 973 visites
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BonelliErede (Brussels)
Belgique 24 contributions 1942 visites
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On 26 November 2019, the Regional Administrative Court of Trentino-Alto Adige (“TAR Trentino-Alto Adige”) delivered Decision No. 285 in which it rejected the annulment action brought by SAD Trasporto Locale S.p.A. (“SAD”), a company operating within the public transport sector in the (...)

The Spanish Supreme Court dismisses appeal for administrative liability from the actions and omissions in the enforcement of the European Commission Decision 2002/820/EEC on recovery of unlawful state aid
Judicial Ethics Commission (Madrid)
39 contributions 2137 visites
The Supreme Court confirmed the judgment of the Vitoria Contentious-Administrative Court and the Chamber of the Basque Country High Court of Justice that had rejected the claim for administrative liability derived from the recovery actions for the aid declared illegal by the European (...)

The EU Court of Justice reinforces its strict approach and holds that alterations to an approved aid scheme are to be cleared by the Commission (Dilly’s Wellnesshotel)
Baker Botts (Brussels)
Belgique 7 contributions 9671 visites
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University of Tilburg
Belgique 14 contributions 13653 visites
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Baker Botts (Brussels)
Belgique 2 contributions 1161 visites
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The EU’s State aid procedures are complex and often slow and not always easy to navigate. Many companies may be content to leave the process of obtaining a green light from the European Commission (the “Commission”) to government authorities. Or they may take comfort from the fact that a large (...)

The EU Commission decides that the scheme used for the construction of a sustainable irrigation system does not constitute State aid (Bavaria)
Maastricht University
Belgique 353 contributions 64272 visites
Public Funding of Infrastructure without State Aid* Introduction Public funding of infrastructure does not constitute State aid if access to the infrastructure is free for all users on non-discriminatory terms. If, by contrast, access to the infrastructure is restricted or it is designed (...)

The EU Court of Justice provides a preliminary ruling relating to a dispute between several electricity and hydroelectricity producers concerning a tax on the use of inland waters for the production of electricity (UNESA)
Maastricht University
Belgique 353 contributions 64272 visites
CAN A TAX (RATHER THAN A TAX EXEMPTION) CONFER A SELECTIVE ADVANTAGE?* Introduction A tax exemption normally confers a selective advantage, unless it is justified by the logic of the tax. Counterintuitively, a tax itself can be selectively advantageous if its scope is too narrow. As the (...)

The Spanish Supreme Court dismisses appeal against assessment of tax on large commercial establishments in Catalonia (El Corte Inglés)
Judicial Ethics Commission (Madrid)
39 contributions 2137 visites
The Supreme Court, in the light of the Court’s answer to a question referred for a preliminary ruling, dismisses the action against the assessment of El Corte Inglés tax on large commercial establishments in Catalonia. Background & facts of the case Articles 49 and 54 TFEU must be (...)

The EU Court of Justice upholds the Commission’s decision finding that e-procurement is a service of general interest which can be commercially exploited insofar as the State does not offer the service itself (TenderNed)
University of Bristol - Law School
Royaume-Uni 92 contributions 25407 visites
In its Judgment of 7 November 2019 in Aanbestedingskalender and Others v Commission, C-687/17 P, EU:C:2019:932 (the ‘TenderNed’ case), the Court of Justice of the European Union (CJEU) rejected the appeal against the earlier Judgment of the General Court (GC) of 28 September 2017 (T-138/15, (...)

The EU Court of Justice provides further guidance on how economic activities linked to non-economic functions must be treated in a State aid context (Aanbestedingskalender)
Maastricht University
Belgique 353 contributions 64272 visites
SEPARABILITY OF ECONOMIC FROM NON-ECONOMIC ACTIVITIES* Introduction Pure research whose results are widely disseminated is undoubtedly a non-economic activity. Research reports are often published on the internet. But the design and management of a research organisation’s website can be an (...)

The EU Commission approves over €22M of public support to upgrade the traffic management equipment on freight locomotives in the Netherlands
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823576 visits
State aid: Commission approves over €22 million of public support to promote rail transport operability in the Netherlands* The European Commission has approved, under EU State aid rules, €22.2 million of public support to upgradetraffic management equipment on freight locomotives in the (...)

The Spanish Supreme Court dismisses appeal against the assessment of tax on large commercial establishments in Catalonia (Leroy Merlin)
Judicial Ethics Commission (Madrid)
39 contributions 2137 visites
The Supreme Court, in the light of the ECJ answer to a reference for a preliminary ruling, dismisses the action against the assessment of Leory Merlin’s tax on large commercial establishments in Catalonia. Background & facts of the case Articles 49 and 54 TFEU must be interpreted as (...)

Procedures

 The US DoJ Business Review Letter provides insights into appropriate safeguards for standard-setting organizations
Paul Weiss (New York)
États-Unis 3 contributions 188 visites
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Paul Weiss (Washington)
États-Unis 3 contributions 188 visites
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George Mason University - Antonin Scalia Law School (Arlington)
États-Unis 5 contributions 499 visites
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Last week, the Antitrust Division of the U.S. Department of Justice (DOJ) issued a business review letter stating that it “has no present intention to take (...)

The UNCTAD and Turkish Competition Authority say that keeping markets fair in digital era requires stronger cooperation among national competition authorities
United Nations Conference on Trade and Development (UNCTAD)
Switzerland 12 contributions 788 visits
Keeping markets fair in digital era requires stronger cooperation* As economies become more digital, keeping them competitive and fair requires stronger government cooperation, the first Istanbul Competition Forum heard on 25 November. The forum gathered more than two dozen competition (...)

The Latvian Competition Council imposes a fine on a trader of building materials who failed to provide full information required during an investigation (DEPO DIY)
Latvian Competition Council (Riga)
Latvia 122 contributions 23801 visits
The CC imposes fine on one of the largest traders of building materials for non-fulfilment of the company obligation* On 21 November, the Competition Council of Latvia (the CC) adopted a decision, detecting that one of the largest Latvia’s traders of building materials SIA “DEPO DIY” has not (...)

The EU Commission and the UK Government agree on the UK’s EU Withdrawal Agreement, with important implications for State aid rules during the transition period
Freshfields Bruckhaus Deringer (Berlin)
Allemagne 6 contributions 1428 visites
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Freshfields Bruckhaus Deringer (Brussels)
Belgique 4 contributions 439 visites
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Freshfields Bruckhaus Deringer (London)
United Kingdom 7 contributions 1363 visits
Since 1 February 2020, the UK is no longer part of the EU. Until the end of the transition period (31 December 2020), EU state aid rules remain fully applicable in the UK. Unless an extension of the transition period is agreed between the UK and the EU (the Parties), the future relationship (...)

The EU Court of Justice provides further guidance on the selectivity assessment of environmental taxes in the framework of national autonomous communities (UNESA)
Van Bael & Bellis (Brussels)
Belgique 153 contributions 33996 visites
On 7 November 2019, the Court of Justice of the European Union (the “ECJ”) delivered a judgment on a request for a preliminary ruling by the Spanish Supreme Court. The request was made in proceedings between several hydroelectricity producers and the Spanish authorities, with regard to the (...)

The Swedish Competition Authority initiates a market study on competition law in the Swedish markets for digital platforms
Swedish Competition Authority (Stockholm)
Sweden 69 contributions 9944 visits
MARKET STUDY OF DIGITAL PLATFORMS* The Swedish Competition Authority is initiating a market study into competition on the markets for digital platforms in Sweden. This includes, for example, digital advertising, food delivery, audiobooks, and digital payment services. The study will (...)

Regulatory

 The EU Parliament and Council publish a new directive on better enforcement and modernization of Union consumer protection rules
Kyriakides Georgopoulos (Athens)
Grèce 4 contributions 110 visites
Directive 2019/2161 on better enforcement and modernisation of Union consumer protection rules (“The Directive”) was adopted by the European Parliament and the Council on the 27th of November 2019 and has entered into force on the 7th of January 2020. EU Member States need to transpose the (...)

The Finnish Administrative Court allows game organizers to continue their fantasy sports operations while the definition of a lottery is being reviewed (Veikkaus Oy)
Hannes Snellman (Helsinki)
Finlande 23 contributions 3019 visites
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Bird & Bird (Helsinki)
Finlande 14 contributions 1097 visites
The Finnish gambling market is one of the most regulated in Europe; state-owned Veikkaus Oy has the exclusive right to provide gambling services in Finland. The Lotteries Act (1047/2001) stipulates that the definition of a lottery is fulfilled when an activity includes three elements: a charge (...)

The Chinese State Administration of Market Regulation posts a draft of the Interim Measures on Rewards for Complaints against Significant Illegal Conduct in the market regulation field
Hogan Lovells (Beijing)
China 81 contributions 19897 visits
COMPETITION LAW WHISTLE-BLOWING TO PAY OFF IN CHINA?* As the number of leniency applications is down globally and competition authorities are struggling to find alternative sources of supply for antitrust complaints, China has circulated a draft rule to financially incentivise employee (...)

The US Administration issues an executive order releasing a pair of broad and inclusive rules aiming at advancing price transparency in the healthcare market
Morgan Lewis (Houston)
États-Unis 1 contribution 1431 visites
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Morgan Lewis (Houston)
États-Unis 1 contribution 1431 visites
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Morgan Lewis (Washington)
États-Unis 6 contributions 12824 visites
Building on an executive order issued by US President Donald Trump in June, the administration released a pair of broad and inclusive rules aimed at advancing price transparency in healthcare on November 15, 2019. Key themes emerging from the hundreds of pages of price transparency rules (...)

The Mexican Competition Authority issues the Ministry of Communications and Transports an opinion which recommends modifications to port law and other measures to promote competition in manoeuvre services
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26224 visits
COFECE RECOMMENDS MODIFICATIONS TO PORT LAW AND OTHER MEASURES TO PROMOTE COMPETITION IN MANOEUVRE SERVICES* The Federal Economic Competition Commission (COFECE or Commission) issued the Ministry of Communications and Transports (SCT for its initials in Spanish) and the respective (...)

The French Competition Authority publishes alongside the German Competition Authority a report on algorithms and competition law
European Commission - DG COMP (Brussels)
Belgium 4 contributions 14013 visits
THE AUTORITÉ DE LA CONCURRENCE AND BUNDESKARTELLAMT REPORT ON “ALGORITHMS AND COMPETITION”* I. Introduction Algorithms may raise competition concerns especially when assessing collusive practices. Very often, the term “algorithm” is used improperly. When we imagine the cartels of the (...)

The French and the German Competition Authorities publish collaborative work on algorithms
Bird & Bird (Paris)
France 23 contributions 3219 visits
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Vaillant Group (Paris)
22 contributions 3365 visits
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Bird & Bird (Dusseldorf)
Germany 21 contributions 2526 visits
Last month, the French Competition Authority ("FCA") and the Bundeskartellamt ("BKA") published a joint study on algorithms and their potential implications from a competition law standpoint. This study presents the results of nearly a year and a half of collaborative work between the two (...)

The French and German Competition Authorities present their joint study on algorithms and competition law
French Competition Authority (Paris)
France 743 contributions 395361 visits
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German Competition Authority (Bonn)
Germany 447 contributions 113814 visits
Algorithms are among the most important technological drivers of the ongoing digitalization process. They are becoming more and more important, enabling firms to be more innovative and efficient. However, debate has arisen on whether and to what extent algorithms might also have detrimental (...)

The German and French Competition Authorities find a need for higher compliance standards in their joint study on the competition risks resulting from the use of algorithms
Hogan Lovells (Munich)
Germany 65 contributions 25099 visits
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Hogan Lovells (Paris)
France 40 contributions 20739 visits
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Hogan Lovells (Paris)
France 15 contributions 7921 visits
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Digital ubiquity, and the resulting rules, do not only concern tech giants. To the contrary, digital regulation is relevant for companies in all market sectors (...)

The French and German Competition Authorities publish a joint study on algorithms and competition law
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46644 visits
On 6 November 2019, the French and German competition authorities presented their joint study on algorithms and competition at a conference in Paris. The study recognises algorithms as one of the “most important technological drivers of the ongoing digitalization process” but also identifies a (...)

International

 Spain: The Audiencia Provincial of Barcelona reduces the amount to be paid to a collecting society, finding that the fees requested from a concert promoter were abusive based on an earlier decision of the Spanish Competition Authority (SGAE)
Baker McKenzie (Madrid)
Espagne 34 contributions 25312 visites
The Audiencia Provincial of Barcelona has partially quashed the judgment of a Juzgado Mercantil of Barcelona which awarded collecting society SGAE € 115,398 corresponding to unpaid IP rights. The Audiencia Provincial found that the amount claimed by SGAE was inflated due to the application of (...)