October 2013

Anticompetitive practices

 The Canadian Supreme Court clears the way for indirect purchaser competition class action related to compensation for harm caused by inflating the price of microchips (Infineon / Pro-Sys / Sun-Rype)
Steve Szentesi Law Corporation (Vancouver)
Canada 50 contributions 9403 visits
Canadian Supreme Court Clears the Way for Indirect Purchaser Competition Class Actions: Reason and Clarity Prevail in Previously Muddled Area* Earlier today the Supreme Court of Canada (“SCC”) released three long-awaited companion judgments that finally create clarity and certainty in the area (...)

The Canadian Supreme Court allows indirect purchaser claims for a cartel infringement in the market for processor compatible software (Infineon / Pro-Sys / Sun-Rype)
Davies Ward Phillips & Vineberg (Toronto)
Canada 17 contributions 2009 visits
Supreme Court of Canada Allows Indirect Purchaser Claims* Note: On October 31, 2013, Canada’s Supreme Court issued important decisions regarding the scope of private claims for civil damages under the Competition Act. Below is a note prepared by Davies Ward Phillips & Vineberg on these (...)

The Canadian Supreme Court rejects the passing-on defence in relation to price fixing in the market for compatible PC software (Pro‑Sys Consultants / Microsoft)
Blackstone Chambers (London)
United Kingdom 22 contributions 4416 visits
Canadian Supreme Court: No such thing as passing on defence* On Thursday last week the Supreme Court of Canada handed down three much-anticipated judgments concerning indirect purchaser claims. The trio of cases point towards a distinctive, and in many respects more claimant-friendly, approach (...)

The Danish Competition and Consumer Authority enters into a settlement with a clothing company in a resale price maintenance case (Vila)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 40 contributions 71665 visits
On 31 October 2013, the clothing company Vila A/S (“Vila”) and two persons from the management entered into a settlement with the Danish Competition and Consumer Authority (“DCCA”) for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on some of its dealers. (...)

The Botswana Competition Tribunal rejects a complaint against the dual role played by the Competition Authority as administrative and adjudicating body in relation to a case of collusive agreement to set prices for repairing vehicles (Panel Beating Cartel)
Norton Rose Fulbright (Johannesburg)
South Africa 3 contributions 1290 visits
Due process arguments come to the fore as the Botswana Competition Authority gears itself for enforcement* In September and October, the Botswana Competition Commission (Commission) took its first two rulings on cartel enforcement. Both rulings have a keen (if not almost exhaustive) focus on (...)

The Danish Competition and Consumer Authority settles fines with a fashion brand company for resale price maintenance (Vila)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 80 contributions 14362 visits
Vila pays fine in settlement for resale price maintenance* On October 30, 2013, Vila entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance to some of the company’s dealers. (...)

The Australian Competition and Consumer Commission Chairman welcomes the review of Australian competition law in order to better regulate supermarket issues and enhance consumer welfare
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 11943 visits
ACCC Chairman addresses supermarket debate* Australian Competition and Consumer Commission Chairman Rod Sims today provided a regulator’s perspective on the debate surrounding the market share held by the two major supermarket chains. Mr Sims spoke at the Australian Food and Grocery Council’s (...)

The Australian Competition Authority reauthorises doctors’ associations to continue to collectively negotiate with state and territory health departments (RDAA)
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 11943 visits
ACCC reauthorises Rural Doctors to collectively negotiate* The Australian Competition and Consumer Commission has allowed the Rural Doctors Association of Australia (RDAA) and its state associations to continue to collectively negotiate with state and territory health departments, on behalf of (...)

The Australian Competition and Consumer Commission issues a draft determination proposing to re-authorise collective bargaining arrangements on behalf of visiting medical officers in public hospitals (NSW)
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 11943 visits
ACCC proposes to reauthorise AMA (NSW) to collectively bargain* The Australian Competition and Consumer Commission has issued a draft determination proposing to re-authorise collective bargaining arrangements put forward by the Australian Medical Association (NSW) for ten years. The AMA (NSW) (...)

A French Court of Appeal holds that article L. 442-6, I, 5 of the commercial code also applies to international business relations (Lauterbach, Logic Instrument)
Vogel & Vogel (Paris)
France 83 contributions 102790 visits
A German company which had had its products distributed by the same operator in France since 1988 announced its intention to recuperate the French market by installing a subsidiary on the territory thereby terminating relations with the distributor. Aggrieved by the lack of sufficient notice of (...)

The OECD publishes meeting documents on the matter of ex-officio cartel investigations and the use of screens to detect cartels
Steve Szentesi Law Corporation (Vancouver)
Canada 50 contributions 9403 visits
New Publications: OECD: Ex-officio Cartel Investigations and Use of Screens to Detect Cartels* The OECD has posted the papers from its recent (October 2013) discussion of ex officio cartel investigations and the use of screens to detect cartels. OECD overview: Fighting cartels remains a top (...)

The Italian Competition Authority publishes a Vademecum intended to help procurement agencies detect infringements of competition law in the context of public bids
Simmons & Simmons (Milano)
Italy 12 contributions 1146 visits
On 26 October 2013, the ICA published a “Vademecum” (guide) intended to help procurement agencies to detect infringements of competition law in the context of public bids. This is particularly interesting not only for its contents, but because the ICA usually refrains from providing formal or (...)

The Dutch Supreme Court confirms judgment on exclusive purchasing clause between competitors (Rab/Mantje)
Allen & Overy (Amsterdam)
Netherlands 8 contributions 1257 visits
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Allen & Overy (Amsterdam)
Netherlands 8 contributions 1257 visits
I. The Parties Rab onroerend goed BV and Mantje Bio-fuels BV II. The Facts In 2008, Mantje bought two plots of land (‘the land’) on Texel, an island off the Dutch coast. Mantje purchased the land from Bruining, while Bruining had bought it from Rab in 1995. At that time, Rab operated two petrol (...)

The Greek Competition Authority issues infringement decisions with fines against professional associations of foreign language school owners for price-fixing and other restrictions in the exercise of professional activities of their members (Panhellenic Federation of Language School Owners)
European Commission (Brussels)
Belgium 724 contributions 184846 visits
Greece: The Hellenic Competition Commission issues Commitments Decision on Foreign Language School Owners’ Association* On 25 October 2013 the Hellenic Competition Commission (HCC) published its decision No 554/VII/2012 regarding anticompetitive practices of seven professional associations of (...)

The German Competition Authority decides not to open proceedings against a consumer electronics manufacturer, after being satisfied that its modified agreements now allow authorized dealers to sell online (Sennheiser)
Ashurst (Milan)
United States 94 contributions 19461 visits
German Federal Cartel Office spares Sennheiser’s online policy from scrutiny* On 24 October 2013 the German Federal Cartel Office (“FCO”) stated (available only in German) that it will not open formal proceedings against Sennheiser, a manufacturer of consumer electronic products, following recent (...)

The EU Court of Justice upholds the fines imposed by the Commission on the largest manufacturer of elevators and escalators for its participation in a cartel (Kone)
Justinian Lawyers Belgium (Brussels)
27 contributions 23635 visites
I. Facts During the summer of 2003, the Commission received information about the possible existence of an agreement between the major European manufacturers of elevators and escalators within the European Union: Kone, Otis, Thyssen and Schindler. In early 2004, the Commission conducted (...)

The Canadian Commissioner of Competition delivers a speech about trade and professional associations and their compliance with competition law
Steve Szentesi Law Corporation (Vancouver)
Canada 50 contributions 9403 visits
Trade Association Compliance on New Competition Commissioner’s Radar* Canada’s new Commissioner of Competition, John Pecman, spoke in Toronto yesterday and delivered remarks that, as in recent speeches, included an emphasis on trade association compliance. In this, his second speech since (...)

The Luxembourgish Competition Council fines producers of railway switches for having participated in a market sharing and price fixing cartel (Voestalpine, Schreck-Mieves, Kihn, Vossloh)
European Commission (Brussels)
Belgium 724 contributions 184846 visits
Luxembourg: Fines imposed in Railway Switches Cartel Case* The Luxembourgish Competition Council (the Council) has fined two producers of railway switches by decision of 23 October 2013. Two German undertakings, voestalpine BWG GmbH (voestalpine) and Schreck-Mieves GmbH (Schreck-Mieves) were (...)

The UK Office of Fair Trading launches call for information on undergraduate higher education
European Commission (Brussels)
Belgium 724 contributions 184846 visits
United Kingdom: The Office of Fair Trading launches Call for Information on Undergraduate Higher Education in England* On 22 October 2013, the Office of Fair Trading (OFT) launched a call for information on the provision of undergraduate higher education in England by universities and other (...)

The Madrid Court of Appeal establishes that there should be no bar to the effect of the arbitration clause and the arbitrability of a dispute concerning rights and obligations arising out of vertical agreements in the motor vehicle sector (Camilaga / DAF Vehiculos)
CMS Cameron McKenna (Sofia)
Bulgaria 1 contribution 298 visits
Arbitrability of Competition Law Issues Reinforced* A number of decisions of various national courts have dealt with the issue whether a competition law dispute may be referred to arbitration. Although the case law tends to favour a positive answer, it is still an issue that is being (...)

The Australian Federal Court imposes fines of $2 million on the participants in a bearings cartel (Koyo)
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 11943 visits
$2 million penalty for bearings cartel* The Federal Court has made orders by consent against Koyo Australia Pty Ltd ordering it to pay penalties of $2 million following action by the Australian Competition and Consumer Commission. The Court found that in 2008 and 2009, Koyo Australia made and (...)

The Australian Competition and Consumer Commission allows the joint renegotiation of existing coal supply arrangements (Queensland power and Anglo Coal)
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 11943 visits
ACCC allows electricity generators to jointly negotiate* The Australian Competition and Consumer Commission has granted authorisation to allow Queensland power generators CS Energy, Callide Energy, InterGen and Callide Power Management (the applicants) to jointly renegotiate existing coal (...)

The Australian Competition and Consumer Commission grants interim authorization to a dealer group active in the stationary and office supply to collectively bargain with its suppliers (Office Choice)
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 11943 visits
ACCC grants interim approval to Office Choice members and franchises* “The Australian Competition and Consumer Commission” has granted interim authorisation to Office Choice Limited, Office Brands Limited, Office Products Depot Limited, and the members and franchisees of these companies (...)

The German Competition Authority concludes cartel proceedings against manufacturers of household porcelain by imposing fines (Porzellanfabrik Christian Seltmann / KAHLA-Thüringen Porzellan)
German Competition Authority (Bonn)
Germany 263 contributions 47552 visits
Bundeskartellamt concludes cartel proceedings against manufacturers of household porcelain* Bonn, 17 October 2013: The Bundeskartellamt has today imposed fines totaling just under 900,000 euros on the companies Porzellanfabrik Christian Seltmann GmbH and KAHLA/Thüringen Porzellan GmbH, the (...)

The Spanish High Court considers that the National Competition Authority has erred in considering that an individual’s public statements amounts to a collective price recommendation (CEOE)
Cuatrecasas, Goncalves Pereira (Barcelone)
Spain 7 contributions 555 visits
On October 15, 2013, the Spanish High Court issued judgment 4581/2013 regarding Mr. Gaspart’s appeal against the decision of the Comisión Nacional de la Competencia (Spanish Competition Commission, “CNC”), of September 26, 2012. The High Court considered that the CNC had erred in considering that (...)

The Austrian Cartel Court imposes fines for resale price maintenance between producers and supermarkets (Emmi, Ried)
European Commission (Brussels)
Belgium 724 contributions 184846 visits
Austria : Cartel Court imposes Fines for Resale Price Maintenance* The Cartel Court (the Court) adopted two decisions imposing fines for breach of Article 101 TFEU and of § 1 of the Austrian Cartel Act 2005 by Resale Price Maintenance (RPM) between producers and supermarkets. In the first (...)

The Slovenian Competition Authority finds that pharmaceutical wholesalers engaged in illegal price fixing and market sharing in selling medicines for human use to public pharmacies (Kemofarmacija, Salus, Farmadent and Gopharm)
European Commission (Brussels)
Belgium 724 contributions 184846 visits
Slovenia: Agreement/Concerted practice in the Pharmaceutical Sector* On 14 October 2013, the Slovenian Competition Protection Agency (CPA) issued a decision finding that four Slovenian wholesalers of pharmaceuticals, namely Kemofarmacija, Salus, Farmadent and Gopharm, infringed Article 6 of (...)

The Australian Competition and Consumer Commission proposes to allow coordination among credit card issuers and payment processing networks for the removal of signatures as a method of authentication (Visa / MasterCard / American Express)
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 11943 visits
ACCC proposes to grant authorisation to allow coordination in relation to the use of PINs* The Australian Competition and Consumer Commission is proposing to allow Visa and MasterCard, together with American Express and participating financial institutions, to coordinate in relation to the (...)

The ECN Working Group on Competition Law gathers in Bonn to discuss matters related to vertical restraints in the internet economy
German Competition Authority (Bonn)
Germany 263 contributions 47552 visits
Vertical Restraints in the Internet Economy - Meeting of the Working Group on Competition Law in Bonn* Bonn, 14 October 2013: On 10 October 2013 the Working Group on Competition Law met in Bonn at the invitation of the Bundeskartellamt. At this year’s meeting more than 100 competition law (...)

The Paris Court of Appeal fully endorses the application by the French competition authority of its fining guidelines (Nestle Purina Petcare / Royal Canin / Hill’s Pet Putrition)
Herbert Smith Freehills (Paris)
France 87 contributions 34630 visites
Introduction The Paris Court of Appeal reviewed and rejected an appeal against the decision of the French competition authority (the ADLC) sanctioning vertical restraints in the cat and dog food market. The Court upheld the ADLC’s decision finding various anticompetitive practices on the market (...)

The Portuguese Supreme Court declares a non-compete clause in a franchise agreement invalid due to absence of transference of confidential information justifying protection of know-how (Montijo)
New University of Lisboa - Faculty of Law
17 contributions 8419 visits
In a dispute concerning an infringement of a franchising agreement in the food services industry, including an alleged violation of a non-compete clause, the Portuguese Supreme Court reversed a ruling of the Lisbon Appeal Court, providing clarifications on its view on the validity of such (...)

The Mozambican Parliament’s recently adopted competition act is not yet implemented despite the expiry of the prescribed time limit
University of Tilburg - Law School
Netherlands 1 contribution 341 visits
Almost nine months later… and still no signs of the Mozambique Competition Authority* On April 11, 2013, the Mozambique Competition Act was passed. We wrote a piece on the potential advent of competition law in Mozambique here, brusquely entitled: Antitrust in Mozambique? …could have stayed in (...)

The New Zealand Commerce Commission issues a warning against previously used contractual clauses in relation to telecommunications retail service providers (Sky)
New Zealand Commerce Commission (Wellington)
New Zealand 27 contributions 2808 visits
Press releases published on New Zealand Commerce Commission Commerce Commission issues warning to Sky* The Commerce Commission has issued Sky Network Television Ltd (Sky) with a warning that it believes certain provisions in Sky’s contracts with telecommunications retail service providers (...)

The Italian Regional Administrative Court of First Instance annuls the National Competition Authority’s decision concerning a cartel in the road barriers market (Marcegaglia)
Lipani Catricalà & Partners (Rome)
13 contributions 2710 visits
*Italian antitrust administrative case law. Overview of all decisions from October to December 2013 (Third contribution) 1. Premise – This work is part of a project (hereinafter, the “Project”) aimed to offer a general, quarterly overview of all the decisions of Italian administrative courts, (...)

The Hungarian Competition Authority finds vertical restrictive agreements between book publishers and retailers and imposes fines (Pécsi Direkt)
Hungarian Competition Authority (Budapest)
Hungary 46 contributions 7167 visits
Restrictive agreements on the book market* The Hungarian Competition Authority (Gazdasági Versenyhivatal - GVH) determined that Pécsi Direkt Kereskedelmi és Szolgáltató Kft., Líra Könyv Zrt., Libri Könyvkereskedelmi Kft, and Sun Books Könyvkereskedelmi Kft ("f.a." - being liquidated), which are book (...)

Unilateral Practices

 The Lisbon Court of Appeal states that the limitation period of a claim for damages caused by anticompetitive behaviour starts with the awareness of the facts by the claimant and not with the Competition Authority’s decision (ADSL)
Pares Advogados (Lisbon)
Portugal 4 contributions 3435 visits
On 31 October 2013, the Lisbon Court of Appeal confirmed the decision of the Lisbon Court of First Instance, denying the appellant the right to claim compensation for the losses suffered due to abuse of dominant position by Portugal Telecom and ZON between 2002 and 2003, fined by the Portuguese (...)

The UK OFT decides it has no grounds to take further action against fuel card operator over alleged abuse of dominance (CH Jones)
The University of Manchester
United Kingdom 9 contributions 1508 visits
The facts CH Jones is a subsidiary of Fleetcor Inc and in the course of its practice it issues fuel cards under its ‘Keyfuels’ brand. The latter are payment cards to access diesel on the road and are often used by firms with a fleet of large goods vehicles. CH Jones’ customers purchase diesel (...)

The Taiwan Fair Trade Commission fines electronics company for disseminating false online information to disparage competing products (Samsung)
Chung Yuan Christian University (Taiwan)
Taiwan 6 contributions 968 visits
Introduction On October 31, 2013, the Taiwan Fair Trade Commission (TFTC) imposed a fine of NT$10 million (US$340,000) on Samsung for hiring an independent marketing company to disseminate false online information regarding cellphones and other electronic devices produced by its competitors in (...)

The UK OFT closes abuse of dominance investigation concerning a leading provider of bunker fuel services to HGV fleets (CH Jones)
RBB Economics (London)
Royaume-Uni 4 contributions 1640 visites
In October 2013 the OFT decided to close an abuse of dominance investigation, launched in April 2010, against CH Jones, a leading provider of bunker fuel services to HGV fleets. This outcome marked a significant reversal from a statement of objections (“SO”) issued in February 2011, in which the (...)

The French Competition Authority accepts commitments from horse betting company consisting in the separation of its on-line and off-line horse betting activities to settle a case for potential abuse of a dominant position (Betclic / PMU)
Simmons & Simmons (Paris)
France 25 contributions 51678 visits
The commitments proposed by the PMU follow a formal complaint lodged by a competing online horse betting company, Betclic, on January 2012, to the French Competition Authority. In its compliant, Betclic alleged that PMU was abusing its legal monopoly on the French off-line horse betting market (...)

The French Competition Authority launches a public consultation on commitments received in by a major operator in online gambling sector (Betclic / PMU)
University Dublin College (UCD)
Irlande 4 contributions 1030 visites
The French Competition Authority launched a public consultation on commitments it received from an operator in a dominant position on the online gambling market to split its online betting activities from those of its shop-betting network. Following a complaint from the Betclic Everest Group (...)

The French Competition Authority dismisses an abuse of dominance case concerning a pre-emptive right provided in an affiliation agreement (Altimat / Sapec / Weldom)
Baker Botts (Brussels)
Belgium 11 contributions 2831 visits
By a decision (hereinafter the ‘Decision’) dated 29 October 2013, the French Competition Authority (hereinafter the ‘FCA’) rejected a complaint submitted in January 2011 by the company Altimat (hereinafter the ‘Complainant’) alleging abusive exercise of a pre-emptive right by the companies Sapec and (...)

The Guangdong High Court settles a high profile case dealing with refusal to licence intellectual property, which must be taken with caution (Huawei / IDC)
AnJie Law (Beijing)
China 32 contributions 9223 visits
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AnJie Law (Beijing)
Chine 4 contributions 322 visites
A Rational Thinking on the Refusal to License Intellectual Property under China’s Antitrust Legal Framework* 1. Introduction This article will address the perplexing issue of refusal to license a patent or copyright to other undertakings conducted by intellectual property proprietors under (...)

The Guangdong High Court upholds Shenzhen Intermediate Court decision in abuse of dominance case involving IP rights (Huawei / Interdigital)
First Principles Economics (London)
United Kingdom 6 contributions 2280 visits
Guangdong High Court largely upholds Shenzhen Intermediate Court decision, requires Interdigital to pay full amount of damages requested by Huawei, and stipulates 0.019% maximum patent licencing fee. On Monday 28th October 2013 the Guangdong High Court reached its decision in the ongoing (...)

The German Competition Authority closes its investigation into dual pricing practices (Gardena)
Ashurst (Milan)
United States 94 contributions 19461 visits
Germany’s Federal Cartel Office closes two investigations into dual pricing practices* On 28 October 2013, Germany’s Federal Cartel Office (“FCO”) stated that it has closed its investigation into Gardena’s dual pricing practices, which, according to the FCO, sought to limit online distribution of (...)

The German Competition Authority initiates proceedings against a manufacturer of gardening tools for staggered trade discounts awarded on an allegedly discriminatory basis (Gardena)
German Competition Authority (Bonn)
Germany 263 contributions 47552 visits
Bundeskartellamt gets GARDENA to amend its dealer discount system* Bonn, 28 October 2013: The garden product manufacturer GARDENA has promised the Bundeskartellamt that in future it will apply the same discounts for its brick-and-mortar and online retailers. In awarding retailer discounts the (...)

The Czech Office for the Protection of Competition imposes fines for abuse of significant market power on the retail market for agricultural and food products (Kaufland)
Braun Partners (Prague)
Czech Republic 5 contributions 1057 visits
Food Retailers in the Czech Republic, Be Aware!* The so-called Act on Significant Market Power for the Sale of Agricultural and Food Products and the Abuse thereof (No. 359/2009 Coll.) had effect from 1 February 2010. In October 2013, internal appeal procedures ended with the first significant (...)

The German Competition Authority ceases the investigation concerning an alleged abuse of dominance in the market for alternative postal services (Compador Technologies / DPAG)
German Competition Authority (Bonn)
Germany 263 contributions 47552 visits
Bundeskartellamt abandons abuse of dominance proceedings against Compador Technologies GmbH* Bonn, 23 October 2013: The Bundeskartellamt has abandoned its abuse of dominance proceedings against Compador Technologies GmbH, an affiliated company of Deutsche Post AG (DPAG). The proceedings were (...)

The Italian Competition Authority fines a producer of renewable energy for a breach of disclosure duty (ERG)
University of London - School of Economics Birkbeck College
United Kingdom 8 contributions 3647 visits
On the 22nd of October 2013, the Italian Competition Authority (the “Authority”) opened an investigation against ERG S.p.A. for a breach of disclosure duty in accordance with section 3 (1) of Legislative Decree 13 August 2010, n. 130, relating to incentives of competition for the natural gas (...)

The EU Commission expresses concerns that the revised commitments do not address abusive practices in the online search space (Google)
Ashurst (Milan)
United States 94 contributions 19461 visits
European Commission not convinced by improved commitments offered by Google* On 21 October 2013 Google offered improved commitments to the European Commission in order to close the three-year long investigation into four practices that the Commission considered had amounted to a possible abuse (...)

The Supreme Administrative Court of Lithuania confirms the judgement of the Vilnius District Administrative Court fining a retailer for unfair practices (Palink)
Max Planck Institute for Innovation and Competition (Munich)
Allemagne 18 contributions 3226 visites
On 18 October 2013 the Supreme Administrative Court of Lithuania issued a final judgment in the case on the alleged infringement of Article 3 of the Law on the Prohibition of Unfair Practices of Retailers of the Republic of Lithuania. In the decision of the Competition Council against UAB (...)

The EU Commission consults on commitments to license on FRAND terms regarding use of standard essential patents (Samsung SEPs)
Garrigues (Brussels)
Belgium 17 contributions 7305 visits
Samsung offers commitments to appease DG Comp* The most important (antitrust-related) news last week was the European Commission’s announcement that it will market test a commitment proposal submitted by Samsung regarding the enforcement of its SEPs (Standard Essential Patents) related to (...)

The EU Commission consults on commitments to close UMTS standards essential patents investigation (Samsung)
Ashurst (Milan)
United States 94 contributions 19461 visits
European Commission tests Samsung’s proposed commitments to close UMTS standards essential patents investigation* Last 17 October 2013, the European Commission advised (see also here) that it is testing the commitments Samsung offered in connection with investigations into the alleged abuse of (...)

The Australian Competition and Consumer Commission proposes to allow the national music copyright collection society to continue its arrangement for the acquisition and licensing of performing rights subject to a range of conditions (APRA)
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 11943 visits
ACCC proposes changes to performing rights arrangement* The Australian Competition and Consumer Commission proposes to allow the Australasian Performing Right Association (APRA) to continue its arrangements for the acquisition and licensing of performing rights in music subject to a range of (...)

The Italian Regional Administrative Court of First Instance annuls in parte qua the Italian Competition Authority’s decision concerning an abuse of dominant position in gas distribution services sector (Italgas)
Lipani Catricalà & Partners (Rome)
13 contributions 2710 visits
*Italian antitrust administrative case law. Overview of all decisions from October to December 2013 (Third contribution) 1. Premise – This work is part of a project (hereinafter, the “Project”) aimed to offer a general, quarterly overview of all the decisions of Italian administrative courts, (...)

The Court of Bosnia and Herzegovina quashes the no-infringement of the Competition Authority for the failure to conduct an efficient investigation (Telekomunikacije)
Faculty of Law - University of Macau
Macao 278 contributions 206990 visits
On 12 October 2011 the Competition Authority of Bosnia and Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the incumbent telecom operator Telekomunikacije RS a.d. The KV‘s investigation was prompted by a complaint lodged by an independent (...)

The Cypriot Commission for the Protection of Competition concludes that the termination of a franchise agreement in a reasonable delay does not constitute an abuse of economic dependence (Bacenco / Orchestra-Premaman)
Elias Neocleous (Cyprus)
11 contributions 1003 visits
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Neocleous (Nicosia)
Chypre 9 contributions 1366 visites
The case arises out of a complaint filed by Bacenco Ltd against Orchestra-Premaman for the alleged infringement of the Protection of Competition Law 13(I)/2008 (“Law”); concerning the termination of the sub-franchise agreement between Bacenco Ltd and Orchestra-Premaman. Bacenco was an (...)

The Competition Commission of South Africa receives a complaint against the dominant incumbent mobile operators concerning discriminatory pricing (Cell C / MTN Vodacom)
Primerio (Washington)
United States 42 contributions 6097 visits
South Africa’s mobile operators under attack for discriminatory “on-net” pricing* Cell C (one of South Africa’s top 3 mobile telecommunications providers) has filed a complaint against competitors MTN and Vodacom with the Competition Commission, according to its press statement dated October 9, (...)

The US District Court of Northern California draws a sharp line between two types of sham litigation claims and dismisses the monopolization counterclaims with leave to amend (Surface Supplied / Kirby Morgan Dive)
Orrick, Herrington & Sutcliffe (San Francisco)
United States 22 contributions 4852 visits
A Useful Reminder About Sham Litigation as Exclusionary Conduct* In Surface Supplied, Inc. v. Kirby Morgan Dive Systems, Inc., 2013 U.S. Dist. LEXIS 143478 (N.D. Cal. Oct. 3, 2013) (Chesney, J.), the Court dismissed attempted monopolization and monopolization counterclaims with leave to amend. (...)

The US District Court for the Northern District of Illinois issues second ruling determining RAND rate for standard essential patent (Innovatio)
Rutgers University (New Jersey)
United States 18 contributions 10967 visits
On October 3, 2013, Judge James F. Holderman of the U.S. District Court for the Northern District of Illinois offered the second analysis by a U.S. court of an appropriate royalty that a patentee could obtain after promising to license its patent on reasonable and nondiscriminatory (RAND) (...)

The Belgian Council of Competition dismisses a claim of abuse of dominance on the self-service bicycle sector (CCB and BP / JCD)
Covington & Burling (Brussels)
Belgium 12 contributions 4278 visits
I. The Facts Historical background Cyclocity The college of Aldermen of the City of Brussels awarded a public contract, after a call for tenders, to JC Decaux Street Furniture (“JCD”) concerning the manufacture, supply, placement, activation and the maintenance of self-service movables, (...)

The Belgian Competition Council dismisses a complaint against an advertising company for abuse of dominant position on the outdoor advertising market (ClearChannel Belgium, Belgian Posters / JC Decaux)
Liège University
France 39 contributions 155202 visits
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Liège University
Belgique 1 contribution 142 visites
The Belgian Competition Council’s Body of Prosecutors dismisses a complaint against JCD for abuse of dominant position in the framework of outside advertising Décision n°2013-P/K-35-AUD du 1er octobre 2013 – Affaires: CONC-P/K – 08/0005 ClearChannel Belgium S.A. c/ la S.A. JC Devaux Street Furniture (...)

Mergers

 The Australian Competition and Consumer Commission allows a proposed acquisition in the dairy industry (Warrnambool Cheese & Butter and Bega)
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 11943 visits
ACCC to not oppose Bega Cheese’s proposed acquisition of Warrnambool Cheese and Butter* The Australian Competition and Consumer Commission will not oppose the proposed acquisition of Warrnambool Cheese and Butter Factory Company Holdings Limited (Warrnambool Cheese and Butter) by Bega Cheese (...)

The German Competition Authority clears a merger between component suppliers for the aerospace industry (Precision Castparts / Permaswage)
German Competition Authority (Bonn)
Germany 263 contributions 47552 visits
Merger of component suppliers to the aerospace industry cleared after intensive examination* Bonn, 24. October 2013: The Bundeskartellamt has cleared the acquisition of Permaswage Holding SAS registered in Les Clayes-sous-Bois, France, by Precision Castparts Corporation, Portland, USA, in (...)

The Polish Competition Authority clears a merger subject to remedies in the print media sector (Polskapresse / Media Regionalne)
WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 19 contributions 5299 visits
The Polish Competition Authority gives green light to Polskapresse for conditional concentration in press sector (Polskapresse / Media Regionalne). According to the decision of 24 October 2013, Polskapresse’s acquisition of newspaper and media group Media Regionalne was approved by the Polish (...)

The Danish Competition Council conditionally approves an acquisition on the market for veterinary drugs (Vilomix / Hatting-KS)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 80 contributions 14362 visits
Danish Competition Council approves Vilomix Holding A/S’ acquisition of A/S Hatting-KS conditional on commitments* On October 23th 2013 the Danish Competition Council (“DCC”) approved Vilomix Holding A/S’ (Vilomix) acquisition of A/S Hatting-KS (Hatting). The DCC decision is conditional on a (...)

The Danish Competition Council approves commitments concerning an envisaged reorganization on the grocery market (Dagrofa / SuperBest and Spar)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 80 contributions 14362 visits
The Danish Competition Council Accepts Commitments from Dagrofa ApS* On October 23 2013 the Danish Competition Council (“DCC”) adopted a commitment decision that approves an envisaged reorganization of Dagrofa ApS (“Dagrofa”) and the supermarket chains SuperBest and Spar. Dagrofa is the parent (...)

The Indian Competition Authority approves a merger between two multinational advertising and communications groups (Publicis / Omnicom)
University of Delhi (New Delhi)
India 8 contributions 1796 visits
In a recent decision (technically known as an ‘order’), delivered on 23 October 2013, the Competition Commission of India (CCI) approved a merger between two large multinational corporate groups specializing in advertising and communications. The Publicis group, headquartered in Paris, and the (...)

The Canadian Competition Bureau completes two lengthy merger investigations in the grocery sector where the regulation of pricing conduct with regard to the relation retailer - supplier was a central issue
Davies Ward Phillips & Vineberg (Toronto)
Canada 17 contributions 2009 visits
Face-off in the Grocery Aisle: Retailers and Suppliers Go Head-to-Head in Canada* I. INTRODUCTION Perhaps more than ever, tensions between suppliers and retailers have become the defining feature of the grocery industry worldwide. These tensions have also frequently formed the basis for (...)

The UK Competition Commission doesn’t find enough evidence that the merger could provide specific benefits for patients which would outweigh the harm from the loss of competition and choice (Dorset Foundation Trusts)
UEA law school - Centre for Competition Policy
United Kingdom 2 contributions 219 visits
Article published on Centre for Competition Policy blog. The Meaning of ‘Relevant Customer Benefits’ in the Context of Health Care: Monitor’s Advice and the Competition Commission’s Response to the Dorset Foundation Trusts’ merger* On 17 October, the Competition Commission (CC) blocked the (...)

The Slovak Competition Authority publishes guidelines on calculation of turnover in merger notifications
European Commission (Brussels)
Belgium 724 contributions 184846 visits
Slovakia: New Guidelines on Calculation of Turnover* The Antimonopoly Office of the Slovak Republic (the Office) has published Guidelines on Calculation of Turnover, with effect from 15 October 2013. The Guidelines were issued for the purpose of merger control, and will help the merging (...)

The Lithuanian Competition Council prohibits concentration in the markets for foreign language teaching material, school textbooks and retail trade of books (AL Holding / Humanitas)
Law firm of Raimundas Moisejevas (Vilnius)
Lithuania 5 contributions 621 visits
Background On 16 May 2013, the Lithuanian Competition Council received request of UAB AL Holding to acquire up to 100 percent of the shares of UAB “Humanitas”. On 11 October 2013, the Lithuanian Competition Council passed resolution that procedure concerning evaluation of the request of UAB AL (...)

The New Zealand Commerce Commission receives an application seeking clearance to acquire the management rights to 700 MHz radio spectrum (Vodafone)
New Zealand Commerce Commission (Wellington)
New Zealand 27 contributions 2808 visits
Press releases published on New Zealand Commerce Commission Vodafone seeks clearance to acquire radio spectrum* The Commerce Commission has received an application from Vodafone New Zealand Limited seeking clearance to acquire the management rights to 700 MHz radio spectrum. The Crown is (...)

The Lithuanian Competition Council sends a SOS to an oil company suspected of having implemented a merger without previous notification (Lukoil Baltija)
Lithuanian Competition Authority (Vilnius)
Lithuania 39 contributions 5970 visits
Competition Council closes investigation on possibly unnotified mergers implemented by UAB Lukoil Baltija within the market of fuel retail trade* On November 6, the Competition Council (the Council) sent a Statement of Objections to UAB Lukoil Baltija suspected of having infringed the Law on (...)

The French Competition Authority clears an acquisition of sole control on the market for public transportation subject to commitments (Transdev & Caisse des Dépôts et Consignations)
French Competition Authority (Paris)
France 513 contributions 154842 visits
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of sole control of the Transdev group by the Caisse des Dépôts et Consignations subject to the maintenance of the commitments made in 2010*. On 26 April (...)

The OECD holds a roundtable on remedies in cross-border merger cases
OECD - Competition Division
266 contributions 524613 visits
Executive summary, by the Secretariat * Considering the discussion at the roundtable, the Note by the Secretariat as well as the delegates’ written submissions, several key points emerge: (1) Cross-border mergers raise specific challenges for competition authorities reviewing the transaction (...)

State Aid

 The EU Court of Justice rules in favour of the appellant and allows the action for annulment against the Commission decision to reopen an inquiry on the alleged incompatibility of a state aid measure (Deutsche Post)
University of Bristol - Law School
United Kingdom 88 contributions 18860 visits
"Ne bis in idem" in State aid control? CJEU quashes Deutsche Post decision (C-77/12 P)* In its Judgment of 24 October 2013 in case C-77/12 P Deutsche Post v Commission, the Court of Justice of the EU quashed a Judgment of the General Court (T-421/07) and (indirectly) questioned a decision (...)

The EU Court of Justice applies "private vendor" test and upholds EU Commission’s approach on the incompatibility of a state aid for the privatisation of an Austrian bank (Land Burgenland)
University of Bristol - Law School
United Kingdom 88 contributions 18860 visits
Maybe not such a global appraisal of State aid after all: CJEU backtracks from a truly economic approach (C-124/10)* In an interesting recent paper, Pablo Ibáñez Colomo conducts a very detailed statistical overview of State Aid Litigation before EU Courts (2004–2012) Journal of European (...)

The EU Court of Justice establishes that the privatisation of the Austrian bank has not been carried out in the light of the private investor in a market economy principle (Land Burgenland)
College of Europe (Bruges)
Belgium 257 contributions 31822 visits
* Article published on Lexxion State Aid Blog (click here), republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice confirms prior State aid cannot be taken into account by public authority to justify further subsidies as market behaviour (Land Burgenland)
Siemens (Brussels)
Belgium 8 contributions 9291 visits
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Jones Day (Brussels)
Belgium 26 contributions 12214 visits
In its recent judgment in Land Burgenland (Joined Cases C-214/12 P, C-215/12 P and C-223/12 P) the Court of Justice of the European Union (CJEU) has confirmed that compatible State aid granted to an undertaking in the past must not be taken into account in the context of the Market Economy (...)

The Court of Justice of the European Union recalls that except in the case of ‘absolute impossibility’, the provider State of an illegal State aid is obliged to obtain recovery thereof, despite the potentially major economic consequences for the recipient of the aid (Alcoa)
Norton Rose Fulbright (Paris)
France 4 contributions 832 visits
,
Norton Rose Fulbright (Paris)
France 4 contributions 910 visites
By a judgment dated October 17, 2013, the Court of Justice of the European Union (the CJEU) recalls that except in the case of ‘absolute impossibility’, the provider State of an illegal State aid is obliged to obtain recovery thereof, despite the potentially major economic consequences for (...)

The EU General Court rejects an appeal against a budgetary grant in favour of the French state owned television company, without providing any further explanation on the matter of inefficient undertakings assigned with public service obligations (Télévision française 1)
College of Europe (Bruges)
Belgium 257 contributions 31822 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission considers that a Dutch notified scheme fulfils the conditions of the environmental aid guidelines and passes the compatibility test in accordance with Article 107(3)(c) TFEU (Anti-opt-out scheme)
College of Europe (Bruges)
Belgium 257 contributions 31822 visits
Article published on Lexxion State Aid Blog Economically Rational Environmental Aid* Introduction A few months ago I wrote an article on this blog explaining the big puzzle of environmental State aid. Since the rules allow State aid which is only a proportion of the extra costs incurred by (...)

The EU Commission announces that the nuclear industry won’t be included in its draft guidelines on environmental and energy aid
Baker McKenzie (Brussels)
Belgium 6 contributions 3049 visits
Still in primary containment: the European Commission’s approach to State aid in the nuclear industry* On 8 October 2013, it was announced that the nuclear industry would not be included in the European Commission’s draft Guidelines on environmental and energy aid for 2014-2020 as anticipated. (...)

The EU Commission establishes that the compensation for the provision of inter-regional bus transportation services constitutes incompatible state aid as the requirement for ex ante determination of net costs has not been fulfilled (Simet)
College of Europe (Bruges)
Belgium 257 contributions 31822 visits
* Article published on Lexxion State Aid Blog, republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no relationships (...)

Procedures

 The Canadian Supreme Court allows indirect purchasers to sue for damages caused by a price fixing cartel (Infineon / Pro-Sys / Sun-Rype)
Cassels Brock (Toronto)
Canada 18 contributions 3149 visits
Class action business as usual after SCC decisions* It’s business as usual for class actions after Canada’s Supreme Court issued a trilogy of decisions holding that so-called indirect purchasers can sue for damages caused by price fixing, and that whether indirect purchasers suffered harm can be (...)

The Canadian Supreme Court rules on the matter of standing to sue for damages held by indirect purchasers in class action proceedings (Pro-Sys Consultants / Microsoft)
Steve Szentesi Law Corporation (Vancouver)
Canada 50 contributions 9403 visits
New C.D. Howe Institute Report on Indirect Purchaser Class Actions Before Supreme Court Decision – Consensus? Open the Door* Canada’s Supreme Court is expected to release a long awaited indirect purchaser competition class action decision on 31 October 2013. This case, and the tortuous (and (...)

The Canadian Supreme Court rules on the matter of standing to sue for damages held by indirect purchasers in class action proceedings (Infineon Technologies / Option Consommateurs)
Steve Szentesi Law Corporation (Vancouver)
Canada 50 contributions 9403 visits
New C.D. Howe Institute Report on Indirect Purchaser Class Actions Before Supreme Court Decision – Consensus? Open the Door* Canada’s Supreme Court is expected to release a long awaited indirect purchaser competition class action decision on 31 October 2013. This case, and the tortuous (and (...)

The Canadian Supreme Court rules on the matter of standing to sue for damages held by indirect purchasers in class action proceedings (Sun-Rype Products / Archer Daniels Midland)
Steve Szentesi Law Corporation (Vancouver)
Canada 50 contributions 9403 visits
New C.D. Howe Institute Report on Indirect Purchaser Class Actions Before Supreme Court Decision – Consensus? Open the Door* Canada’s Supreme Court is expected to release a long awaited indirect purchaser competition class action decision on 31 October 2013. This case, and the tortuous (and (...)

The Paris Court of Appeal rules on search and seizure warrants (Seco-Rail)
Vogel & Vogel (Paris)
France 83 contributions 102789 visits
In several cases relating to the award of public contracts, the courts have authorized search and seizure operations in the premises of various companies suspected of collusion. In each case, the Court of Cassation dismissed the appeal against the order issuing the warrant and the Competition (...)

The Indian Competition Appellate Tribunal clarifies the standards for calculation of antitrust penalties in relation to a cartel on the market for AlP tablets used for fumigation treatment (United Phosphorous / Excel Crop Care / Sandhya Organic Chemicals)
Luthra & Luthra Law Offices (New Delhi)
Inde 1 contribution 157 visites
COMPAT clarifies the standards for calculation of penalty* Competition Appellate Tribunal (COMPAT) vides its order dated 29 October 2013, decided on an appeal filed by three manufacturers of Aluminium Phosphide Tablets (AlP), namely, Excel Crop Care Limited, United Phosphorus Limited and (...)

The EU General Court dismisses the appeal against the decision made by the Commission to refuse access to a document in its investigation of the merger between two leading stock exchanges (Beninca)
Justinian Lawyers Belgium (Brussels)
27 contributions 23635 visits
I. Facts On 3 April 2012, based on the Regulation No 1049/ 2001 (hereafter "the Regulation"), Mr Jürgen Beninca (hereafter “the applicant”) called the European Commission to grant him access to a memorandum of the Head of the unit responsible for competition matters of the Directorate-General (...)

The Court of Appeal of England and Wales rules that the making of an order for further information against a French litigant is in the English Court’s discretion, and is not precluded by French Law No. 68-678 or the Council Regulation No 1206/2001 (Secretary of State for Health / Servier Laboratories)
Blackstone Chambers (London)
United Kingdom 11 contributions 2480 visits
Curtains for the French Blocking Statute?* Never the most celebrated actor on the stage of English litigation, the French Blocking Statute nonetheless has its fans, particularly among competition lawyers. The recent decision of the Court of Appeal in Secretary of State for Health v Servier (...)

The Court of Appeal of England and Wales rules that the making of a disclosure order against a French litigant is in the English Court’s discretion, and is not precluded by French Law No. 68-678 or the Council Regulation No 1206/2001 (National Grid Electricity Transmission / ABB)
Blackstone Chambers (London)
United Kingdom 11 contributions 2480 visits
Curtains for the French Blocking Statute?* Never the most celebrated actor on the stage of English litigation, the French Blocking Statute nonetheless has its fans, particularly among competition lawyers. The recent decision of the Court of Appeal in Secretary of State for Health v Servier (...)

The English Court of Appeal requires French defendants to comply with disclosure orders despite the French "blocking statute" (Secretary of State for Health / Servier Laboratories)
White & Case (London)
United Kingdom 12 contributions 33641 visits
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JPTT & Partners (Paris)
France 175 contributions 362687 visits
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White & Case (Brussels)
Belgique 37 contributions 23484 visites
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The existence in several countries of “blocking statutes”, which prohibit the provision of economic information to foreign authorities or courts (or require prior authorization to be obtained before doing so), present a challenge to those managing international litigation and (...)

The U.S. International Trade Commission (ITC) decides to review the entire final initial determination issued by the presiding administrative law judge concerning RAND defenses in a case regarding potential infringements of standard essential patents (LSI / Realtek)
DLA Piper Weiss-Tessbach (Vienna)
Austria 26 contributions 5461 visits
U.S. ITC reviews the ALJ’s entire initial determination in the LSI-Realtek 337 case* On 17 October 2013 the International Trade Commission (ITC) issued a Notice determining that it will review the final initial determination (ID) issued by the presiding administrative law judge (ALJ) of 18 July (...)

A French Court orders immediate stay of proceedings in a follow-on action based on the animal feed phosphates cartel (FRSEA Bretagne)
Kramer Levin Naftalis & Frankel (Paris)
France 17 contributions 92293 visits
Introduction On 20 July 2010, the European Commission (“the Commission”) adopted a decision regarding the application of Article 101 of the Treaty on the functioning of the European Union (“TFEU”) in relation to anticompetitive practices perpetrated on the European market for animal feed (...)

The UK Competition Commission publishes its final report on its investigation into the statutory audit services market
Simmons & Simmons (London)
United Kingdom 16 contributions 5594 visits
In brief The UK Competition Commission (CC) has published its Final Report on its investigation into the statutory audit services market. It confirmed its provisional findings that competition in the sector is not functioning well and identified the remedies it will impose, some of them (...)

The Paris Court of Appeal dismisses the appeals which contested the criteria applied in calculating the fines after having settled the case before the Competition Authority (Nestlé Purina Petcare France and Royal Canin)
Engie (Paris)
France 3 contributions 603 visites
,
Norton Rose Fulbright (Paris)
France 7 contributions 1796 visits
By a judgment of October 10, 2013, the Paris Court of Appeal (the Court of Appeal) dismissed the appeals which contested the criteria applied in calculating the fines. Although appeals on such grounds should be permitted for parties who have decided to use the French settlement procedure (...)

The new Spanish Competition Authority becomes operational
European Commission (Brussels)
Belgium 724 contributions 184843 visits
Spain: The Comisión Nacional de los Mercados y la Competencia (CNMC) becomes operational* On 7 October 2013, the Comisión Nacional de los Mercados y la Competencia (CNMC) became fully operational, following the publication of the relevant Ministerial Order of the Ministry of Economy. The CNMC (...)

The Italian Administrative Court of First Instance annuls an ICA’s decision because of the length of proceedings (Industria Meccanica Varricchio Imeva)
Studio Legale Scoccini E Associati (Rome)
Italy 14 contributions 5591 visits
Introduction On 7 October 2013, the Italian administrative court of first instance with jurisdiction on antitrust cases (TAR Lazio) annulled the decision of the Italian Competition Authority (ICA), which fined seven companies that were found to have entered into an anti-competitive agreement in (...)

The Canadian Competition Bureau seeks input on its new draft inquiries bulletin
Steve Szentesi Law Corporation (Vancouver)
Canada 50 contributions 9403 visits
New Competition Bureau Inquiries Bulletin & New Commissioner Remarks* Earlier today (3 October 2013) the Competition Bureau published for public consultation a new draft Inquiries Bulletin. Canada’s new Commissioner of Competition, John Pecman, also outlined some of the Bureau’s priorities (...)

EU Court of Justice Advocate General Cruz Villalón upholds Commission’s pleas about the judgement of the General Court on access to cartel documents under EU transparency regulation (EnBW)
Ramón y Cajal (Madrid)
Espagne 10 contributions 2899 visites
Relevance of the Opinion The Opinion touches upon the disclosure through the Regulation 1049/2001 ("Transparency Regulation") of cartel-related-documents held by the Commission. First, it addresses how the Commission should handle these requests, in particular, it tackles the harmonious (...)

The EU Court of Justice Advocate General Cruz Villalón deals in his opinion with the exceptions to the right of access to public documents implying that it cannot be excluded that the commercial interests of the leniency applicants may be damaged by disclosure (EnBW)
University of Bristol - Law School
United Kingdom 88 contributions 18860 visits
AG Cruz Villalon on access to leniency applications: A stringent test. Really? (C-365/12)* In his Opinion of 3 October 2013 in case C-365/12 EnBW Energie, Advocate General Cruz Villalon has proposed a holistic interpretation of the regulatory schemes relating to access to documents of the (...)

The UK CAT rules that use of data rooms is lawful in market investigations, but criticises restrictive access conditions (BMI Healthcare I)
St John’s Chambers (Bristol)
United Kingdom 14 contributions 4009 visits
Competition Appeal Tribunal rules that use of data rooms is lawful in market investigations, but criticises restrictive access conditions* In competition investigations, competition authorities receive substantial amounts of confidential business information, some of which will be commercially (...)

The UK Competition Appeal Tribunal rules on the balance between protecting confidentiality and assuring procedural fairness (BMI Healthcare)
British Competition Authority - CMA (London)
United Kingdom 4 contributions 425 visits
The UK Competition Commission, in its final months before being absorbed into the new Competition and Markets Authority, has had a procedural decision overruled by the Competition Appeal Tribunal (Britain’s specialist judicial body that oversees decisions by the competition authorities). In the (...)

The UK CAT rules on the matter of confidentiality and procedural fairness, deciding that a data room procedure was so restrictive as to be unfair (BMI Healthcare)
Blackstone Chambers (London)
United Kingdom 11 contributions 2480 visits
Cats, bags, rings and rooms: the problem of confidentiality* Dealing with confidential information in competition cases can be tricky. The CAT’s recent judgment in BMI Healthcare and others v Competition Commission [2013] CAT 241 provides some help. The core problem of confidentiality in the (...)

The UK Competition Appeal Tribunal rules that Competition Commission’s use of data room in market investigations breached duty to consult (BMI Healthcare)
The University of Manchester
United Kingdom 9 contributions 1508 visits
Case management powers This case is a brilliant example of good management powers. As noted by Brick Court Chambers, ‘[T]he 35-page reserved judgment in BMI Healthcare Ltd. & others v. Competition Commission [2013] CAT 24 is remarkable for demonstrating the speed with which the Tribunal is (...)

The UK Competition Appeal Tribunal criticises the NCA’s improper and unjust use of data rooms in market investigations (BMI Healthcare)
The University of Manchester
United Kingdom 8 contributions 1516 visits
Background This appeal to the UK Competition Appeal Tribunal (“CAT”) concerns a reference that was made by the Office of Fair Trading to the UK Competition Commission (“CC”) under section 131 and 133 of the Enterprise Act 2002 (the “Act”) on 4 April 2012. The investigation is into the private (...)

The UK Competition and Markets Authority comes into existence
European Commission (Brussels)
Belgium 724 contributions 184843 visits
United Kingdom: New Competition Authority Comes into Existence* The UK’s new unified competition body, the Competition and Markets Authority (CMA), was launched on 1 October 2013 in shadow form before going live in April 2014. The CMA will bring together the Competition Commission (CC) with (...)

The UK High Court dismisses defendants’ stay application in long term interchange fee litigation (Morrison Supermarkets / MasterCard)
The University of Manchester
United Kingdom 9 contributions 1508 visits
On 4 May 2013, Mr Justice Field handed in a judgment in WM Morrison Supermarkets, dismissing an application by a number of the defendants within the MasterCard group for an immediate stay of the proceedings until a related appeal which is currently pending before the Court of Justice of the (...)

Regulatory

 The England and Wales Court of Appeal reinforces that market definition is a tool in competition analysis and substance must prevail over form (Talktalk Telecom / Office of Communications & Anor)
Blackstone Chambers (London)
Royaume-Uni 2 contributions 450 visites
TalkTalk v Ofcom – the Court of Appeal stresses that market definition is a tool not an end* The Court of Appeal, in TalkTalk v Ofcom [2013] EWCA Civ 1318, recently gave an important reminder to all competition practitioners that market definitions are a tool rather than an end: what matters is (...)

The Australian Competition and Consumer Commission and Australian Energy Regulator publish their annual report on competition in the energy sector and consumer choice
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 11943 visits
ACCC and AER issue joint 2012-13 annual report* The Australian Competition and Consumer Commission and Australian Energy Regulator have published their annual report for 2012-13. ACCC Chairman Rod Sims highlighted the notable achievements, including strong court judgments and penalties for (...)

The French Competition Authority receives commitments from the incumbent betting company in order to distinguish its online horserace betting activities from those dealing with horserace betting in physical outlets (Betclic / PMU)
French Competition Authority (Paris)
France 513 contributions 154842 visits
PMU proposes commitments in order to distinguish its online horserace betting activities from those dealing with horserace betting in physical outlets* Following a complaint lodged by Betclic Everest Group (hereinafter Betclic) with the Autorité de la concurrence, the PMU proposed separating (...)

A Dutch District Court upholds ACM’s decision concerning imposition of fines on the national telecom company for failing to inform its competitors about a discount scheme (KPN)
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 90 contributions 9914 visits
ACM fines KPN for putting competitors at a disadvantage in government tender* The Netherlands Authority for Consumers and Markets (ACM) imposed a fine of almost EUR 30 million on Dutch telecom company KPN. KPN committed a violation in the government tender for fixed telephony services for (...)

The French Competition Authority issues several recommendations designed to ensure the necessary preservation of a level playing field in the railway sector
French Competition Authority (Paris)
France 513 contributions 154842 visits
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence publishes the opinion it provided to the French government concerning a bill on railway reform. The Autorité issues several recommendations that are designed to reconcile the logic (...)

The UK OFGEM introduces new rules aimed at increasing competition on the retail market and making energy pricing simpler, clearer and fairer
University of East Anglia
United Kingdom 26 contributions 20970 visits
Article published on Centre for Competition Policy blog. A Simple Way to Boost Competition in the Energy Market* The latest round of increases in energy prices has sparked an angry debate about how well competition is working in the UK market. Energy companies claim increases reflect rising (...)

The French Competition Authority issues three opinions on the analysis of wholesale fixed and mobile voice call and SMS termination markets (ARCEP)
French Competition Authority (Paris)
France 513 contributions 154842 visits
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence issues three opinions to Arcep on the analysis of wholesale call termination markets for the 2014-2016 period and calls for an accelerated and generalised application of the (...)

The Australian Competition and Consumer Commission seeks to change the framework that governs the access to national broadband network (NBN)
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 11943 visits
ACCC seeks variation of NBN Co Special Access Undertaking* On 8 October 2013 the Australian Competition and Consumer Commission has released a Notice to Vary (variation notice) formally seeking changes to the Special Access Undertaking (SAU) offered by NBN Co in December 2012. The SAU will (...)

The French Competition Authority issues several recommendations to amend bill on railway sector reform
European Commission (Brussels)
Belgique 724 contributions 184843 visites
France: The Autorité de la concurrence issues several Recommendations to amend Bill on Railway Sector in France* On 4 October 2013, the Autorité de la concurrence (the Autorité) provided the French government with an opinion concerning a bill on railway reform (the Bill) that had been submitted (...)

The Australian Competition and Consumer Commission grants interim authorisation to Queensland Government for liquor accord
Australian Competition and Consumer Commission (Canberra)
Australia 112 contributions 11943 visits
ACCC grants interim authorisation to Queensland Government for liquor accord* The Australian Competition and Consumer Commission has granted interim authorisation to the State of Queensland, acting through the Office of Liquor and Gaming, for its pro-forma liquor accord. The pro-forma liquor (...)

The OECD holds a roundtable on competition issues in waste management
OECD - Competition Division
266 contributions 524573 visits
Technological and policy changes have altered the economics of waste collection and treatment. Landfills are further away from cities and larger. More waste is diverted towards treatments that allow to re-use it, recycle it, or to recover energy from it. Secondary raw materials derived from (...)

The OECD holds a roundtable on competition issues in the food chain ndustry
OECD - Competition Division
266 contributions 524573 visits
Food processing and retail chains often give rise to competition issues especially due to recent trends of high and volatile commodity prices. The role of anti-trust authorities in addressing competition in the food sector is no different: dealing with anti-competitive mergers, abuse of (...)

Public sector

 The Italian Competition Authority publishes guidelines on competitive bids
White & Case (Milan)
Italie 7 contributions 92 visites
ITALIAN COMPETITION AUTHORITY RELEASES NEW GUIDELINES ON COMPETITIVE BIDS* On October 26, 2013, the Italian Competition Authority (the Authority) published its new guidelines on competitive bids. The guidelines are intended to help contracting entities to recognize and inform the Authority of (...)

The EU General Court rules that a contracting authority must provide explanations about its reasons not to consider the winning offer as being abnormally low (European Dynamics / EMA)
University of Bristol - Law School
United Kingdom 88 contributions 18860 visits
3 more instalments in the Evropaïki Dynamiki saga: one successful appeal (T-638/11)* Today (15 October 2013), the General Court has issued three judgments that add to the ’Evropaïki Dynamiki saga’. In two of them (T-474/10 and T-457/10), the famous challenger of EU Institutions’ procurement (...)

The UK Office of Fair Trading launches market study into the supply of information and communications technology (ICT) goods and services to the public sector
European Commission (Brussels)
Belgique 724 contributions 184843 visites
United Kingdom: The Office of Fair Trading launches Market Study into Supply of Public Sector ICT Services* On 15 October 2013, the Office of Fair Trading (OFT) launched a market study into the supply of information and communications technology (ICT) goods and services to the public sector. (...)

The EU Court of Justice rules that a general interdiction to rely on the capacities of more than one undertaking for the same qualification category imposed on tenderers is precluded by law (Mannocchi Luigino)
University of Bristol - Law School
United Kingdom 88 contributions 18860 visits
A jigsaw of qualifications or a procurement puzzle?: CJEU launches a depth charge against certification systems (C-94/12)* In its Judgment of 10 October 2013 in case C-94/12 Swm Costruzioni 2 and Mannocchi Luigino, the Court of Justice of the EU has followed the Opinion of AG Jääskinen (which I (...)

The EU Court of Justice rules that the principle of equal treatment must be interpreted as not precluding a contracting authority from asking a candidate to provide additional information after the deadline (Manova)
University of Bristol - Law School
United Kingdom 88 contributions 18860 visits
CJEU flexibilises treatment of formally non-compliant bids in public procurement (C-336/12)* In its Judgment of 10 October 2013 in case C-336/12 Manova, the Court of Justice of the EU (CJEU) has followed its own approach in Slovensko and created some room for the flexible interpretation of (...)

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