October 2016

General antitrust

 The US FTC and DoJ jointly issue antitrust guidance for human resource professionals
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 18 contributions 9021 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 5627 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 17 contributions 2882 visites
On October 20, 2016, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly issued new guidance designed to help human resources professionals and their companies understand the potential antitrust implications of their work. The guidance (...)

The French Competition Authority declines to rely on historic case precedent to control a non-notifiable acquisition completed by a dominant broadcasting company (Continental Can)
Addleshaw Goddard (Paris)
France 39 contributions 44101 visits
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University of Paris I Panthéon-Sorbonne
France 396 contributions 454523 visits
Whilst competition authorities are reflecting on ways to control "killer acquisitions", the French Competition Authority ("FCA") has declined to rely on historic case precedent to control a non-notifiable acquisition completed by a dominant company. On 13 October 2016, TDF, the French (...)

The EU Commission publishes its preliminary report on the ongoing e-commerce sector inquiry
Covington & Burling (London)
United Kingdom 6 contributions 1421 visits
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Norton Rose Fulbright (Brussels)
Royaume-Uni 26 contributions 22955 visites
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Latham & Watkins (Brussels)
Belgique 4 contributions 964 visites
On September 15, 2016, the European Commission published its Preliminary Report on the ongoing e-commerce sector inquiry. The report is based on the input from nearly 1,800 companies operating in e-commerce of consumer goods and digital content and has analyzed around 8,000 distribution (...)

Anticompetitive practices

 The Italian Council of State partially confirms the Competition Authority’s fines imposed on an online travel agency for unfair commercial practices (Flygo)
Luiss Guido Carli University (Rome)
Italy 7 contributions 2526 visits
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Luiss Guido Carli University (Rome)
Italy 7 contributions 4284 visits
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Luiss Guido Carli University (Rome)
Italie 15 contributions 11342 visites
FlyGo is a company active in the online travel agency sector that operates through different websites including www.fly-go.it. In 2016, following a report from Ryanair, Wizzair and the Consumers Union, the AGCM investigated FlyGo’s business practices. The case is very significant, because (...)

The U.S. Court of Appeals for the Tenth Circuit holds that the invocation of intellectual property rights is a presumptively valid business justification sufficient to rebut a refusal to deal antitrust claim (Solidfx / Jeppesen Sanderson)
Cleary Gottlieb Steen & Hamilton (Rome)
Italy 9 contributions 3215 visits
Tenth Circuit holds IPRs defense available to rebut a refusal to deal antitrust claim* On 31 October 2016, the United States Court of Appeals for the Tenth Circuit (the “Court of Appeals”) held that the invocation of IPRs is a presumptively valid business justification sufficient to rebut a (...)

The Ukrainian Competition Authority issues a €7 million fine on seven alleged road fuel cartelists (Fuel Cartel)
Asters (Kiev)
Ukraine 1 contribution 242 visites
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Asters (Kiev)
Ukraine 10 contributions 2583 visites
Antimonopoly Committee of Ukraine - What is behind EUR 7 million fine on seven alleged road fuel cartelists?* On 28 October 2016, the Antimonopoly Committee of Ukraine (AMC) fined seven companies, including Shell and SOCAR, a total of approx. EUR 7 million for alleged concerted practices. (...)

The EU Commission sends a statement of objections against two airlines concerning a potentially anticompetitive codeshare agreement (Brussels Airlines / TAP Portugal)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
Antitrust: Commission sends Statement of Objections to Brussels Airlines and TAP Portugal on code-sharing on Brussels-Lisbon route* The European Commission has informed Brussels Airlines and TAP Portugal of its preliminary view that their codeshare cooperation on passenger services between (...)

The EU Commission opens a formal investigation concerning a network sharing agreement between two mobile phone companies (O2 / CETIN / T-Mobile)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
Antitrust: Commission opens formal investigation into mobile telephone network sharing in Czech Republic* The European Commission has opened an investigation into a network sharing agreement between two Czech operators of mobile telephony, O2 CZ / CETIN and T-Mobile CZ. The Commission will (...)

The US DOJ and FTC issue guidance signalling that they will bring enforcement actions for wage-fixing and no-poaching agreements under federal antitrust law
Morgan Lewis (Silicon Valley)
États-Unis 11 contributions 1968 visites
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Morgan Lewis (Washington)
United States 13 contributions 3198 visits
The DOJ will now treat wage-fixing and no-poaching agreements criminally. On October 20, the US Department of Justice (DOJ) and Federal Trade Commission (FTC) issued guidance (the Guidance) signaling that they will bring enforcement actions for wage-fixing and no-poaching agreements under (...)

The Belgian Competition Authority confirms unannounced inspections carried out in the market of distribution and sale of infra-red cabins
Belgian Competition Authority (Brussels)
Belgium 109 contributions 22891 visits
The Belgian Competition Authority confirms the inspection at an undertaking active in the distribution and sale of infra-red cabins* The Investigation and Prosecution Service of the Belgian Competition Authority (hereafter “BCA”) confirms that the BCA has conducted an inspection at the (...)

The DOJ brings first criminal challenges to wage-fixing and no-poach agreements
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 5627 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 17 contributions 2882 visites
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 2 contributions 247 visits
More than four years after the U.S. Department of Justice (DOJ) and U.S. Federal Trade Commission (FTC) jointly released the Antitrust Guidance for Human Resource Professionals in 2016 (Antitrust Guidance), the DOJ has brought its first criminal indictments for wage-fixing and no-poach (...)

The US DOJ and FTC issue joint guidance on employee wage-fixing and non-poaching agreements
Robert Connolly Law (Philadelphia)
États-Unis 23 contributions 5076 visites
DOJ and FTC Release Guidance on Antitrust Law and Employee Hiring and Compensation*In a press release issued on October 20, 2016, the Antitrust Division and the FTC issued antitrust guidance for human resource (HR) professionals and others who are involved in hiring and compensation decisions. (...)

The Chinese NDRC and Beijing Development Reform Commission investigate the industries of housing and urban-rural development finding quality control price policy breaches
Hogan Lovells (Beijing)
Chine 81 contributions 19903 visites
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University of Melbourne
Australie 103 contributions 29110 visites
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China Competition Bulletin (Beijing)
Chine 101 contributions 26068 visites
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The NDRC and the Beijing Development and Reform Commission investigated the concrete industry management practices of the Beijing Municipal Commission of Housing and Urban-Rural Development (Beijing Development Commission), in particular its quality control price policy. On 24 December 2014, (...)

The German Competition Authority cancels fines against sausage manufacturers due to restructuring measures (Zur Mühlen Group)
German Competition Authority (Bonn)
Allemagne 447 contributions 113816 visites
Proceedings against companies of ClemensTönnies group concluded – fines of 128 million euros cancelled due to restructuring measures* The Bundeskartellamt has closed its fine proceedings against two companies of the Zur Mühlen Group. The fines totalling 128 million euros which were imposed (...)

The Italian Lazio Administrative Court upholds almost all the findings of the Competition Authority of a collusion in public contracts procurement (School Cleaning Services)
Municipality of Cagliari
167 contributions 133274 visites
The Regional Administrative Court for Latium (the Court) has recently handed down four judgments on the appeals filed against the infringement decision made by the Italian Competition Authority (ICA) in the School Cleaning Services case . By this decision the ICA found that Consorzio (...)

The Italian Supreme Court rules that the reorganization of the Italian distribution network of a car manufacturer does not breach competition law (Volkswagen)
Municipality of Cagliari
167 contributions 133274 visites
By the recent Volkswagen Group Italia (VGI) judgement , the Italian Supreme Court or Court of Cassation (the Court) has ruled that the plan for the reorganization of its Italian distribution network implemented by a German car manufacturer did not breach competition. The Court considered the (...)

The Hellenic Competition Authority accepts revised commitments by a company in the gas supplier market (DEPA)
Kyriakides Georgopoulos (Athens)
Greece 61 contributions 2279 visits
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Kyriakides Georgopoulos (Athens)
Grèce 28 contributions 935 visites
HCC accepts revised commitments by DEPA (HCC 631/2016) In 2012, as a result of ALUMINIUM’s complaint against DEPA, the incumbent natural gas supplier, the company offered commitments to the HCC in order to close the case. The commitments are continuously subject to review and update, (...)

The Turkish Competition Authority decides that recommending the use of a certain engine oil brand in authorised service centres does not amount to a vertical restraint (Castrol / Dogus Oto)
Ankara Hacı Bayram Veli University (Ankara)
31 contributions 12009 visites
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that recommending the use of only Castrol branded engine oils in service centres authorised by Volkswagen and Dogus Oto, coupled with the practice of voiding the manufacturer’s warranty for (...)

The Clinton campaign publishes a fact sheet providing insight into how a Clinton Administration would approach antitrust enforcement
Reed Smith (Washington)
États-Unis 1 contribution 219 visites
Every presidential election season, antitrust attorneys hear one question more than any other from clients: “Do you think that the election will have an effect on antitrust enforcement?” This election year, the answer from most lawyers has very likely been something similar to: “If Trump is (...)

The US Court of Appeals for the Seventh Circuit considers potential discrimination between taxis and transportation network providers (Illinois Transport Association / City of Chicago)
Polish Academy of Sciences
Poland 7 contributions 2583 visits
Sharing and traditional economy: matter of substitutability ... between cats and dogs?* Sharing economy firms are disrupting traditional industries across the globe. As Tom Goodwin once put it: “Uber, the world’s largest taxi company, owns no vehicles. Facebook, the world’s most popular (...)

The US Federal Trade Commission issues report on patent assertion entities
Rutgers University (New Brunswick)
États-Unis 26 contributions 24848 visites
On October 6, 2016, the Federal Trade Commission (FTC) issued its long-awaited report on patent assertion entities (PAEs). Sometimes called “patent trolls,” these actors have elicited fierce debate, with critics lamenting their ability to demand ransom money and hold up an industry while (...)

Unilateral Practices

 The Italian Competition Authority launches an investigation into competition law breaches and personal data (WhatsApp)
White & Case (Milan)
Italy 16 contributions 18755 visits
Misleading Terms & Conditions and Unfair Contract Terms: The Italian Competition Authority Opens Two Investigations against WhatsApp Inc.* On 28 October 2016, the Italian Competition Authority (the “Authority”) opened two investigations against WhatsApp Inc. for alleged unfair commercial (...)

The Turkish Competition Authority imposes administrative monetary fine on an expo centre operator for abuse of dominance through refusal to deal (Congresium)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81267 visits
This case note analyses the Turkish Competition Board’s (“Board”) Congresium ATO decision dated 27.10.2016 and numbered 16-35/604-269. The Board’s decision comes following the judgment of the Ankara 3rd Administrative Court which annulled the Board’s previous decision with respect to the same (...)

The Russian Competition Authority fines a supplier of water for abuse of dominance (Sevkavkazenegro)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55747 visits
Five fines upon a monopolist* On 26 October, the Office of the Federal Antimonopoly Service in the Republic of North Ossetia – Alania imposed five fines upon “Sevkavkazenegro” JSC, totalling 2,812,500 RUB. The penalty is imposed for abusing dominance. In April 2015, “Sevkavkazenegro” JSC (...)

The Montenegrin Competition Authority fines a port operator and its director for abuse of dominance (Luka Kotor)
BDK (Podgorica)
Montenegro 17 contributions 1414 visits
The Montenegrin antitrust authority, the Agency for Protection of Competition of Montenegro (“Agency“), announced that the Higher Misdemeanour Court of Montenegro imposed on 10 July 2018 a fine in the amount of EUR 27,249.54 on the Montenegrin port operator “Luka Kotor” A.D. (“Luka Kotor“) for (...)

The EU Court of Justice AG Wahl delivers his opinion in a case regarding rebates and calls for a new approach to Article 102 (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 60 contributions 26207 visits
Call for a common-sense approach to Article 102 - Advocate General Wahl on Intel* If AG Kokott in Post Danmark II was a 102 hawk – ordoliberal-redux, fossilizing form over function, economics on the “too difficult pile” for authorities and courts – then AG Wahl firmly sets out his stall as (...)

The EU Court of Justice AG Wahl opts for a more effect-based approach on rebates and proposes an annulment of the EU General Court’s judgment (Intel)
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71789 visits
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Herbert Smith Freehills (London)
United Kingdom 14 contributions 2966 visits
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Herbert Smith Freehills (Paris)
France 94 contributions 45550 visits
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In Intel’s appeal against the General Court’s judgement of June 2014 (which upheld the Commission’s decision that Intel abused its dominant position by virtue of operating exclusivity rebate schemes – see here for our e-bulletin on the judgment), Advocate General Wahl recommends that the Court (...)

The EU Court of Justice AG Wahl recommends that the Court grant an appeal against the judgment of the General Court, which had upheld a decision of the Commission imposing a fine of €1.06 billion for abuse of a dominant position (Intel)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 65834 visites
On 20 October 2016, Advocate General Wahl rendered his opinion on Intel’s appeal before the Court of Justice of the European Union (“CJEU”) against the judgement of the General Court, which had upheld a decision of the European Commission of 13 May 2009 imposing a fine of € 1.06 billion for (...)

The French Supreme Court confirms fines imposed on undertaking for abusive limitation of generic entry (Sanofi-Aventis)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 65834 visites
On 18 October 2016, the French Supreme Court upheld the decision of the French Competition Authority (“FCA”) which had fined the pharmaceutical company Sanofi-Aventis over € 40 million for having abused its dominant position on the market for the active ingredient clopidogrel. Sanofi-Aventis (...)

The Canadian Competition Tribunal turns down leave application on refusal to deal (CarGurus)
Steve Szentesi Law Corporation (Vancouver)
France 55 contributions 14437 visites
Competition Tribunal Denies Car Listing Refusal to Deal Leave Application and Establishes New Price Maintenance Law* On October 14, 2016 the Canadian Competition Tribunal (“Tribunal”) released an important Competition Act (“Act”) private application leave case (see:CarGurus Inc v Trader (...)

The Canadian Competition Tribunal denies a company leave to commence a private application in a refusal to deal case (CarGurus)
Conzen O’Connor (Toronto)
23 contributions 5063 visits
Used car listing website operator CarGurus Inc.’s attempt to force rival Trader Corporation to supply it with vehicle listing data has encountered a dead end as the Competition Tribunal denied it leave to commence a private application under several provisions of the Competition Act. This (...)

The Chinese Kunming Intermediate People’s Court decides that a refusal to purchase in the refined oil market is not anticompetitive (Yunnan Yingding Biological Energy / Sinopec)
Hogan Lovells (Beijing)
Chine 81 contributions 19903 visites
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University of Melbourne
Australie 103 contributions 29110 visites
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China Competition Bulletin (Beijing)
Chine 101 contributions 26068 visites
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On 8 October 2016, the Kunming Intermediate People’s Court amended its first-instance decision in the refusal to deal dispute between Yunnan Yingding Biological Energy, a biodiesel company, and Sinopec’s branch in Yunnan. In December 2014, the court had originally decided the case in the (...)

The Indian Competition Authority opens an investigation into alleged abuse of dominance practices by the national gas supplier with its customers (Rico Auto / Omax Autos / Rico Castings / GAIL Gas Authority of India)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 42180 visites
CCI initiates investigation against Gas Authority of India Limited (GAIL) for alleged abuse of dominance* CCI by its order dated October 3, 2016 has directed investigation against GAIL for alleged abuse of dominant position in relation to gas supply agreements (GSAs) with its customers. (...)

Mergers

 The US Court of Appeals for the Seventh Circuit overturns a district court decision which denies a motion by the FTC to enjoin the proposed merger in a hospital merger case (FTC / Advocate Health Network)
McDermott Will & Emery (Chicago)
United States 10 contributions 2438 visits
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McDermott Will & Emery (Washington)
United States 7 contributions 823 visits
On October 31, 2016, the US Court of Appeals for the Seventh Circuit handed another important victory to the Federal Trade Commission (FTC) and the State of Illinois in a hospital merger case in Chicago, Illinois. This decision follows closely on the heels of the FTC’s victory earlier this (...)

The German Competition Authority clears a merger, subject to remedies, in the food retail market (Coop / Rewe)
German Competition Authority (Bonn)
Allemagne 447 contributions 113816 visites
Bundeskartellamt clears acquisition of Coop by Rewe subject to conditions* The Bundeskartellamt has cleared the acquisition of the northern German food retailer Coop eG, Kiel, by REWE Markt GmbH, Cologne, subject to conditions. Coop operates around 200 supermarkets in the federal states of (...)

The EU Commission clears a merger, subject to remedies, in the alumina sector (Alteo ARC and Alufin / Imerys)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
Mergers: Commission approves acquisition of Alteo ARC and Alufin by Imerys, subject to conditions* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of Alteo ARC and Alufin by Imerys of France. The clearance is conditional on the divestment of Alteo (...)

The EU Commission clears a merger, subject to remedies, in the laser manufacturing sector (Rofin-Sinar / Coherent)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
Mergers: Commission approves acquisition of lasers supplier Rofin-Sinar by Coherent, subject to conditions* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of US and German-based Rofin-Sinar by Coherent of the US. Both are global suppliers of (...)

The Hellenic Competition Authority clears an acquisition in the super-market sector (Vassilopoulos / Kanakis)
Kyriakides Georgopoulos (Athens)
Greece 61 contributions 2279 visits
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Kyriakides Georgopoulos (Athens)
Grèce 28 contributions 935 visites
METRO/VEROPOULOS (HCC 623/2016) and VASSILOPOULOS/KANAKIS (HCC 624/2016) The HCC continued its control of super-market takeovers with the clearance of the acquisitions of VEROPOULOS by METRO and KANAKIS by VASSILOPOULOS in early 2016. As a result of the former (January 2016), two competing (...)

The EU Commission clears acquisition of global laser manufacturer by its leading competitor, subject to conditions (Coherent / Rofin-Sinar)
European Commission - DG COMP (Brussels)
Belgique 2 contributions 332 visites
Coherent/Rofin-Sinar: Merger between leading CO2 laser suppliers cleared in phase I subject to conditions* In a nutshell: After the Bundeskartellamt had prohibited Coherent’s acquisition of Excel (now Synrad) in 2006, Coherent announced in 2016 its intention to acquire Rofin-Sinar; another (...)

The Hellenic Competition Authority approves a merger in the car distribution markets (Vassilakis)
Kyriakides Georgopoulos (Athens)
Greece 61 contributions 2279 visits
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Kyriakides Georgopoulos (Athens)
Grèce 28 contributions 935 visites
VASSILAKIS acquisition of KIA and HYUNDAI distributors in Greece (HCC 632/2016) The VASSILAKIS Group includes a subsidiary which is the official authorized SEAT distributor in Greece and is also active in the wholesale and retail sale of passenger cars, spare parts and repair services under (...)

The EU Commission invites third party comments on a proposed acquisition in information technology sector (Microsoft / Linkedin)
Steptoe & Johnson (London)
Royaume-Uni 1 contribution 479 visites
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Fieldfisher (London)
Royaume-Uni 3 contributions 1130 visites
Microsoft/LinkedIn: could Big Data be a Big Problem?*On 14 October 2016, Microsoft’s $26.2 billion acquisition of LinkedIn was notified to the European Commission for merger clearance. The EU regulator’s initial deadline to decide whether to approve the deal or refer it for in-depth (...)

The UK Competition Authority orders structural remedies to clear a merger on the market of energy trading services (Intercontinental Exchange / Trayport)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
On 17 October 2016, the UK Competition and Markets Authority (“CMA”) ordered Intercontinental Exchange Inc. (“ICE”) to sell Trayport to a new owner, to be approved by the CMA, in order to preserve competition on the market for the supply of certain energy trading services. ICE is the largest (...)

The Indian Competition Authority approves an internal restructuring of a healthcare conglomerate’s three companies into two companies with clearer business verticals (Fortis Healthcare / Fortis Malar Hospital / SRL)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 42180 visites
CCI approves international organization within the Fortis Group* CCI vide its order dated October 14, 2016, has given the approval to the internal re-organization of the hospitals and diagnostics business of Fortis Group into separate verticals. Prior the proposed combination, the (...)

The US DoJ decides to criminally charge a former company vice president and director for concealing and attempting to destroy documents in the context of a joint venture investigation (Ralph Groen)
10 contributions 1218 visits
On October 14, 2016, former vice president and director of information technology of Coach USA, Inc. (Coach), Ralph Groen, entered a guilty plea for concealing and attempting to destroy documents and giving false and misleading statements under oath in a deposition during the US Department of (...)

The EU Commission opens an in-depth investigation concerning a merger on grey cement market in Croatia (HeidelbergCement / Schwenk)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
Mergers: Commission opens in-depth investigation into HeidelbergCement and Schwenk’s joint acquisition of Cemex Croatia* The European Commission has opened an in-depth investigation to assess whether the proposed acquisition of Cemex Croatia by HeidelbergCement and Schwenk is in line with (...)

The UK Competition Authority accepts merger remedies proposed by petrol and diesel retailers (Dover / Wayne)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95612 visits
CMA ACCEPTS REMEDIES IN FUEL PUMPS MERGER* The CMA has accepted undertakings from Dover to remedy competition concerns arising from its merger with Wayne. This follows the Competition and Markets Authority’s (CMA) intervention to ensure that choice is maintained for petrol and diesel (...)

The EU Commission launches a public consultation to continue the process of identifying possible areas of the EU Merger Regulation suitable for improvements
McDermott Will & Emery (Paris)
France 134 contributions 66025 visits
OVERVIEW OF THE PROPOSED REFORMS OF THE EU MERGER CONTROL REGIME* In October 2016, the European Commission launched a public consultation to continue the process of identifying possible areas of the EU Merger Regulation suitable for refinement, improvement and simplification. In the past (...)

The EU Commission seeks feedback on procedural aspects of EU merger control
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
On 7 October 2016, the Commission published an online survey to collect views on certain procedural and jurisdictional aspects of EU merger control. According to the Commission, the purpose of the survey is to gather information on particular aspects of the performance of EU merger control. (...)

The EU Commission launches a consultation on aspects of EU merger control
Norton Rose Fulbright (Brussels)
United States 31 contributions 13962 visits
EU Commission consults on merger control reform* The EU Commission recently launched a consultation on ‘procedural and jurisdictional aspects of EU Merger Control’ (the Consultation), which most notably proposes the introduction of a deal-size threshold in the EU Merger Regulation (EUMR) to (...)

The US FTC changes its positions on the calculation of the HSR size-of-transaction in connection with leveraged buyouts
McDermott Will & Emery (Paris)
France 134 contributions 66025 visits
The Federal Trade Commission (FTC) recently reversed its position on how to calculate the size-of-transaction for HSR purposes in connection with leveraged buyouts (LBOs). This change in position may result in more reportable transactions. As detailed here, the FTC’s position, effective (...)

The Indian Competition Authority clears acquisition of sole ownership over automation solutions provider by private equity group (Cortes NP Acquisition Corporation / ASCO Power GP / Emerson Network Power Business / Platinum Equity Group)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 42180 visites
CCI approves acquisition of sole interest Emerson Network Power Business (ENP) by Platinum Equity Group* CCI by its order dated October 5, 2016 has approved the aforementioned combination. The proposed combination relates to acquisition by Platinum Equity Group (Platinum) of 85% equity (...)

The EU Commission clears a merger, subject to remedies, in the market of train equipment (Wabtec / Faiveley)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
Mergers: Commission approves acquisition of Faiveley by Wabtec, subject to conditions* Brussels, 4 October 2016 After an in-depth investigation under the EU Merger Regulation, the European Commission has cleared the proposed acquisition of Faiveley Transport of France by US-based Wabtec. (...)

The EU Commission clears acquisition between two of the world’s largest rail equipment manufacturers, subject to the divestment of the overlapping friction materials business (Wabtec / Faiveley)
European Commission - DG COMP (Brussels)
Belgique 2 contributions 429 visites
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Guyer & Regules (Montevideo)
Uruguay 1 contribution 170 visites
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European Commission - Legal Service (Brussels)
Belgique 3 contributions 524 visites
Wabtec/Faiveley - Braking News: Commission conditionally clears acquisition in train equipment sector* In a nutshell: The Commission cleared the acquisition of Faiveley Transport by Wabtec, subject to conditions. This case required the assessment of the effects of a merger with a potential (...)

State Aid

 The Spanish Supreme Court annuls a decision by the Basque Country High Court of Justice and decides that a decision on recovery of illegal State aid is void because the parties were not given a hearing (Zayer)
Judicial Ethics Commission (Madrid)
39 contributions 2137 visits
The Spanish Supreme Court (Administrative Section) annuls the recovery of State aid because, although there is no specific procedure for recovering State aid contrary to Community law under Commission Decision 2002/820/EC, it cannot be carried out outright without a hearing of the person (...)

The German Federal Administrative Court rules on the obligation for administrative Courts to comprehensively review the characterization of a measure as state aid, despite preliminary examination by the European Commission
Gleiss Lutz (Brussels)
Belgique 17 contributions 2062 visites
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Gleiss Lutz (Brussels)
Belgique 14 contributions 474 visites
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Jones Day (Brussels)
Belgique 46 contributions 18579 visites
The German Federal Administrative Court (“BVerwG”) ruled that administrative courts are obliged to independently review the question, whether an economic aid meets all the requirements of a notifiable State aid within the meaning of Article 107 TFEU. This obligation is not limited by the fact (...)

The German Federal Administrative Court rules that national courts must autonomously and comprehensively assess the existence of (notifiable) aid
Gleiss Lutz (Brussels)
Belgique 17 contributions 2062 visites
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Gleiss Lutz (Brussels)
Belgique 14 contributions 474 visites
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Jones Day (Brussels)
Belgique 46 contributions 18579 visites
The Federal Administrative Court (Bundesverwaltungsgericht) ruled that Article 108(3), Sentence 3 TFEU obliges national courts to interpret and apply the concept of State aid under Article 107(1) TFEU autonomously and comprehensively. According to the Federal Administrative Court, national (...)

The EU Court of Justice rules that the extension of existing State aid must be considered as the alteration of that aid and is therefore subject to the obligation of prior notification as new aid (DEI / Alouminion tis Ellados)
Liege Competition and Innovation Institute
Belgique 1 contribution 345 visites
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Latham & Watkins (Brussels)
Belgique 12 contributions 4641 visites
The CJEU’s Judgment provides additional clarification on the effects of the extension of the duration of an existing aid measure. The CJEU - annulling a Judgment of the EU General Court (GC) - rules that the extension of the duration of existing aid measure by a national court must be (...)

The High Court of Eastern Denmark finds that an activity can constitute an exercise of public powers despite pre-existing operators carrying out the exact same activity for profit, rendering State aid rules inapplicable (KortCenter.dk)
Honoré, Fallesen & Andersen - HFA Law (Copenhagen)
Danemark 7 contributions 256 visites
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Honoré, Fallesen & Andersen - HFA Law (Copenhagen)
Danemark 31 contributions 36657 visites
In a judgement of October 2016, the High Court of Eastern Denmark has rejected a state aid complaint against FOTdanmark, an association of Danish public authorities operating a shared database of digital topographical maps and making those maps available to members of the association and third (...)

The EU General Court upholds a Commission decision finding that a Danish aid scheme in favour of the print media sector is compatible with the internal market (Søndagsavisen)
Maastricht University
Belgium 353 contributions 64282 visits
* Article published on StateAidHub (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 relationships (...)

The EU Commission finds that a State guarantee on a bond to be issued by a Greek bank to improve its liquidity is aid compatible with the internal market (Attica Bank)
Maastricht University
Belgium 353 contributions 64282 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 finds that a Croatian scheme to save banks in financial distress is compatible with State aid rules and the Directive on bank recovery and resolution (Resolution scheme for small credit institutions with total assets below EUR 1.5 billion)
Maastricht University
Belgium 353 contributions 64282 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 (...)

Procedures

 The EU Commission plans new antitrust law under 2017 work programme
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46644 visits
On 25 October 2016, the European Commission published its annual Work Programme: Delivering a Europe that protects, empowers and defends. As part of the Commission’s plans for creating a deeper and fairer internal market with a strengthened industrial base, antitrust enforcers are expected to (...)

The EU Commission publishes study on the passing-on of overcharges
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46644 visits
On 25 October 2016, the European Commission’s Directorate-General for Competition (“DG Comp”) published an expert study on potential approaches for national courts to assess the passing-on of overcharges in competition litigation (“the Study”). The Study aims to provide judges and (...)

The US DoJ and the FTC publish competition law compliance guidelines aimed at HR professionals involved in recruitment and remuneration decisions for their firms
Simmons & Simmons (London)
Royaume-Uni 13 contributions 3144 visites
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Herbert Smith Freehills (Hong Kong)
Hong Kong 12 contributions 3013 visites
In October, the US competition authorities (the Department of Justice (DOJ) and the Federal Trade Commission (FTC)) published competition law compliance guidelines aimed at HR professionals involved in recruitment and remuneration decisions for their firms (the US Guidelines). This development (...)

The UK CAT orders first fast-track hearing and ’hot-tubbing’ of expert witnesses (Socrates Training / The Law Society)
Monckton Chambers (London)
Royaume-Uni 1 contribution 135 visites
Hot-tubbing’ directed in CAT’s first fast-track case* Last Friday saw the pre-trial review in Socrates Training Limited v The Law Society – the first fast-track case in the Competition Appeal Tribunal. The fast track procedure was introduced in 2015 and is designed to bring smaller (...)

The U.S. FTC releases long-awaited report on patent assertion entities
Jones Day (Washington)
United States 17 contributions 14178 visits
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Jones Day (Cleveland)
États-Unis 3 contributions 1501 visites
Three years after initiating an extensive sector study under section 6(b) of the FTC Act, the Federal Trade Commission has issued its report on the activities of patent assertion entities ("PAEs"). The report, titled Patent Assertion Entity Activity: An FTC Study ("PAE Report"), sets forth the (...)

Regulatory

 The EU and Canada sign the Comprehensive Economic and Trade Agreement (CETA) setting out provisions relating to competition policy
Davies Ward Phillips & Vineberg (Toronto)
Canada 21 contributions 3929 visits
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Clifford Chance (London)
Royaume-Uni 3 contributions 1688 visites
This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. What does CETA mean for EU and Canadian competition policy?* Introduction With the Comprehensive Economic and Trade Agreement (CETA) having finally been (...)

The EFTA Surveillance Authority investigates members of the Norwegian banking sector for suspected breaches of competition rules (DNB / Nordea / Finance Norway / BankID)
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 27994 visits
ESA investigates DNB, Nordea, Finance Norway and BankID* The EFTA Surveillance Authority (ESA) has opened proceedings against DNB, Nordea, Finance Norway and BankID for suspected breaches of the competition rules in the EEA Agreement. Bits, a related organisation to Finance Norway, will also (...)

The US DoJ and FTC publish their antitrust guidance in order to alert HR professionals that agreements among competing employers to limit or fix the terms may violate antitrust laws
Baker Botts (Washington)
États-Unis 2 contributions 192 visites
After years of filing civil enforcement actions against companies, hospitals, and various employer groups for entering into a variety of schemes to suppress employee wages, the Antitrust Division of the Department of Justice and the Federal Trade Commission have made it clear that naked (...)

The US FTC and DoJ publish antitrust guidance to human resource professionals about how antitrust laws apply in the employment context
Crowell & Moring (Washington)
United States 17 contributions 2527 visits
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McDermott Will & Emery (Chicago)
États-Unis 13 contributions 3286 visites
On October 20, 2016, the United States Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) issued joint Antitrust Guidance to Human Resource (HR) Professionals (the Guidance) involved in hiring and compensation decisions. The agencies issued the guidance to (...)

The EU Court of Justice rules that the creation of a single agency grouping sector regulators and the competition authority breaches EU law
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46230 visits
The European Court of Justice (ECJ) rules that the creation of the current SCA breached EU law (ECJ Judgment of 19 October 2016 (Case C-424/15)). The ECJ has issued its ruling on a request by the Supreme Court regarding the compatibility of the SCA creation back in 2013, when Spain (...)

The French Competition Authority publishes an opinion on the freedom of establishment for lawyers at the French Administrative Supreme Court and French Supreme Court
French Competition Authority (Paris)
France 743 contributions 395405 visits
Freedom of Establishment for lawyers at the French Administrative Supreme Court and the French Supreme Court* The Autorité de la concurrence issues an opinion on the freedom of establishment for lawyers at the French Administrative Supreme Court and French Supreme Court. In order to (...)