October 2019

General antitrust

 The Hellenic Competition Authority publishes a public consultation regarding the determination and quantification of the criteria for case prioritisation and the setting of its strategic priorities upon the basis of a point system
Kyriakides Georgopoulos (Athens)
Greece 61 contributions 2279 visits
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Kyriakides Georgopoulos (Athens)
Greece 6 contributions 2596 visits
On October 25th, 2019 the Hellenic Competition Commission (the “HCC”), announced the launch of a public consultation of its revised methodology and criteria for the prioritization of cases (the draft “Prioritization Notice”) in order to facilitate its implementation and improve compliance and (...)

The Belgian, Dutch and Luxembourg Competition Authorities issue a Joint Memorandum on competition in a digital world
Hogan Lovells (Brussels)
Belgique 8 contributions 3463 visites
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Hogan Lovells (Brussels)
Belgique 7 contributions 1278 visites
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King & Spalding (Brussels)
Belgique 8 contributions 1610 visites
On 10 October 2019, the competition authorities of Belgium, the Netherlands and Luxembourg (the "Authorities") issued a "Joint Memorandum" which adds further (BeNeLux) perspective to the on-going debate regarding "competition law for the digital economy". The document shares the views of the (...)

The Belgian Competition Authority carries out an unannounced inspection in the pharmaceutical sector
Belgian Competition Authority (Brussels)
Belgium 109 contributions 22891 visits
The Belgian Competition Authority is conducting inspections in the pharmaceutical sector* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) is currently conducting inspections at the premises of companies suspected of having implemented restrictive (...)

The German Federal Ministry of Economic Affairs and Energy publishes a draft bill that partly serves to implement the ECN + directive
Bird & Bird (Dusseldorf)
Germany 21 contributions 2526 visits
On 7 October 2019, the German Federal Ministry for Economic Affairs and Energy published the draft bill of the so-called digitization law which partly serves to implement the “ECN Plus” Directive into German law. According to the new Sec. 19a ARC the German Federal Cartel Office ("FCO") may (...)

The US State of California becomes the first State to enact legislation rendering certain pharmaceutical patent litigation settlement agreements presumptively anticompetitive
White & Case (Washington)
United States 50 contributions 27768 visits
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Allen & Overy (Palo Alto)
États-Unis 17 contributions 13630 visites
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White & Case (New York)
États-Unis 12 contributions 5928 visites
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On October 7, 2019, California became the first state to enact legislation— Assembly Bill 824 (“AB 824”)—rendering certain pharmaceutical patent litigation (...)

Anticompetitive practices

 The UK Court of Appeal clarifies principles governing competition damages and reiterates that judges must base their decisions on the evidence before them by exclusively focusing on the loss of the claimant (BritNed / ABB)
University of Buckingham
Royaume-Uni 4 contributions 2012 visites
The Court of Appeal in BritNed v ABB [2019] EWCA Civ 1840 has again had to clarify the principles governing competition damages. It reaffirmed the English High Court’s rejection of the claimant’s approach to damages but took issue with the trial judge’s position that damages should err on the (...)

The Mexican Competition Authority announces its initiation of investigations in diverse oil markets
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26224 visits
The probes will be carried out in the gasoline and diesel markets, as well as the aviation fuel for national territory.* Today, the Federal Economic Competition Commission’s (COFECE or Commission) Investigative Authority published in the Federal Official Gazette and on its website, three (...)

The UK Court of Appeal hands down a follow-on damages claim against a power cable cartel member (BritNed / ABB)
KPN (Amsterdam)
Netherlands 33 contributions 7194 visits
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Bird & Bird (London)
United Kingdom 28 contributions 3414 visits
On 31 October 2019, the Court of Appeal of England and Wales ("Court") handed down a significant judgment in relation to BritNed’s follow-on damages claim against a power cable cartel member, ABB. The Court allowed ABB’s cross-appeal in relation to cartel savings, finding that the High Court (...)

The Czech Competition Authority fines a trading chain for concluding anticompetitive agreements with suppliers in the food sector (Marko)
Dentons (Prague)
République tchèque 5 contributions 633 visites
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Bird & Bird (Prague)
Czech Republic 25 contributions 4328 visits
The Office for the Protection of Competition imposed a fine in amount of CZK 46,560,000 on trading chain MAKRO Cash & Carry ČR s.r.o. ("MAKRO") for violating the Act on Significant Market Power in the Sale of Agricultural and Food Products and Abuse thereof ("Act on Significant Market (...)

The UK Court of Appeal adjusts-down a follow-on damages award in a cartel case and emphasises the principle that damages may only be compensatory, not punitive (BritNed / ABB)
White & Case (Brussels)
Belgium 50 contributions 37930 visits
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White & Case (London)
Royaume-Uni 14 contributions 34894 visites
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White & Case (London)
United Kingdom 27 contributions 13408 visits
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In BritNed v ABB, the English Court of Appeal substantially reduced the UK’s first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for a more strict and punitive approach to damages in cartel claims. The (...)

The UK Court of Appeal slashes a cartel follow-on damages award and emphasises claimants’ burden to prove losses in a claim brought by power cable manufacturers for market-sharing and customer allocating (BritNed / ABB)
Ashurst (London)
Royaume-Uni 7 contributions 1349 visites
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Ashurst (London)
Royaume-Uni 14 contributions 2472 visites
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Ashurst (London)
Royaume-Uni 1 contribution 86 visites
BritNed Development Limited ("BritNed") brought a claim against ABB arising from the European Commission’s 2014 power cables cartel decision. In October 2018, the High Court found that there had been no overcharge but awarded damages for "baked-in inefficiencies" and "cartel savings" plus (...)

The UK Court of Appeal clarifies the principles governing competition damages and reiterates that judges must base their decisions on the evidence before them by exclusively focusing on the loss of the claimant (BritNed / ABB)
Osborne Clarke (London)
Royaume-Uni 28 contributions 721 visites
Brief summary of facts The dispute arose from an ’interconnector’ submarine cable supplied by ABB, which connects the UK National Grid to the Dutch TenneT grid. It emerged in the European Commission’s ruling of 2014 that a cartel (of which ABB was a member) had sold cable capacity during the (...)

The Higher Regional Court of Karlsruhe rules on the scope of negotiation obligations for FRAND licensing by following the precedent of the EU Court of Justice (Wiko)
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52727 visits
On 30 October 2019, the Higher Regional Court of Karlsruhe (the “Court”) ruled on the nature and extent of fair, reasonable and non-discriminatory (“FRAND”) licensing principles as set out by the Court of Justice of the European Union (“CJEU”) in Huawei v. ZTE (see VBB on Competition Law, (...)

The Competition and Consumer Commission of Singapore receives the notification for a commercial cooperation covering the scheduling, pricing, sales and marketing between two airlines companies (Singapore Airlines / Malaysia Airlines)
Bird & Bird (Singapore)
Singapour 5 contributions 449 visites
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Bird & Bird (Singapore)
Singapour 4 contributions 382 visites
Feedback Sought on Singapore Airlines and Malaysia Airlines Cooperation On 30 October 2019, Singapore Airlines and Malaysia Airlines notified the Competition and Consumer Commission of Singapore (’’CCCS’’) of a proposed commercial cooperation between the parties covering scheduling, (...)

The Australian Competition Authority takes an action against an online platform company for allegedly engaging in misleading conduct and making false or misleading representations to customers (Google)
Bird & Bird (Sydney)
Australia 21 contributions 2423 visits
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Bird & Bird (Sydney)
Australia 28 contributions 3397 visits
In October 2019, the Australian Competition and Consumer Commission (“ACCC") decided to take action against Google LLC and Google Australia Pty Ltd (collectively, "Google") in the Federal Court of Australia for allegedly engaging in misleading conduct and making false or misleading (...)

The Indian Competition Authority orders an investigation against online travel agencies for possible abuse of dominance and for imposing vertical restrictions (Federation of Hotel & Restaurant Associations of India / MMT-Go)
Karkinos Healthcare (Mumbai)
8 contributions 6372 visits
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Trilegal (Bangalore)
India 5 contributions 3659 visits
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Trilegal (Mumbai)
India 8 contributions 6372 visits
Introduction The Federation of Hotel & Restaurant Associations of India (Informant), an association of hotels and restaurants in India, filed an Information with the Competition Commission of India (CCI) against MakeMyTrip India Pvt. Ltd. (MMT), Ibibo Group Private Limited (GoIbibo), (...)

The Canadian Competition Bureau takes steps against misleading representations in online sales of airline tickets (FlightHub)
Journal of Parliamentary and Political Law (Ottawa)
49 contributions 21035 visits
The old adage appears to ring true yet again: If it sounds too good to be true it probably is. Canada’s Competition Bureau (Bureau), which assists the Commissioner of Competition (Commissioner) in the administration and enforcement of the Competition Act (Act), announced on 28 October 2019 (...)

The French Competition Authority fines road transport companies for market sharing (Astre)
French Competition Authority (Paris)
France 743 contributions 395405 visits
The Autorité de la concurrence fines the Astre transport group €3.8 million for anticompetitive practices.* Background Following an investigation report sent by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF), the Autorité de la concurrence has (...)

The UK Competition Appeal Tribunal adopts a practical approach to the realities of collective actions damages due to the Truck cartel decision (Trucks Cartel)
Hausfeld (London)
Royaume-Uni 11 contributions 1588 visites
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Hausfeld (London)
United Kingdom 4 contributions 822 visits
A recent judgment by the UK Competition Appeal Tribunal (the “Tribunal”) in the Trucks collective actions regarding funding and adverse costs arrangements is welcome news for class claimants and undoubtedly positive for the development of the UK’s young collective actions regime. The judgment (...)

The French Competition Authority imposes a € 3.8 million fine on a transport association for market sharing (Astre)
Van Bael & Bellis (Brussels)
Belgique 386 contributions 92687 visites
On 28 October 2019, the French Competition Authority (“FCA”) imposed a fine of € 3.8 million on ASTRE, an association of small and medium-sized transport companies, for having introduced in 1997 a non-competition clause into its internal rules of procedure, its articles of association and its (...)

The French Competition Authority fines a group of road transport companies for organizing customer allocation practices among its members (Astre)
University of Paris I Panthéon-Sorbonne
France 396 contributions 454523 visits
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Addleshaw Goddard (Paris)
France 39 contributions 44101 visits
On 28 October 2019, the French Competition Authority ("FCA") fined a group of road transport companies for having organised customer allocation practices among its members. Astre did not challenge the FCA’s objections and applied for settlement. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS On 27 (...)

The US DoJ forms a new strike force to tackle criminal antitrust violations in the public procurement arena
Hogan Lovells (Washington)
United States 10 contributions 3565 visits
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Hogan Lovells (Washington)
United States 6 contributions 2815 visits
The division is poised to launch a new strike force aimed at criminal antitrust violations in the public procurement arena. A notice published in the Federal Register identifies a proposed "Procurement Collusion Strike Force complaint form" designed to "facilitate reporting by the public of (...)

The Rotterdam District Court issues an interim judgment in a private enforcement cartel claim in the lifts and escalators market (Kone / ThyssenKrupp)
Bird & Bird (The Hague)
Netherlands 34 contributions 8724 visits
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KPN (Amsterdam)
Netherlands 33 contributions 7194 visits
On 23 October 2019, the District Court of Rotterdam ("District Court") rendered an interim judgement on a private enforcement cartel claim against Kone and ThyssenKrupp. The private enforcement claim follows fines imposed by the European Commission back in 2007 for a lifts and (...)

The Spanish Competition Authority opens formal investigation into 14 companies active in film distribution following concerns over potential anticompetitive practices (Film Distribution)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20620 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 28560 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20604 visits
The CNMC has opened a formal investigation into 14 film distributors following concerns over anticompetitive practices. In particular, the CNMC suspects that large film distribution companies and the company specialising in digital solutions for the film industry, Ymagis, colluded to (...)

The Mexican Competition Authority presents a criminal complaint against individuals who could have colluded in the sale of goods and services in the health sector
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26224 visits
For the second time, COFECE presents criminal complaint against individuals that could have colluded in the sale of goods and services in the health sector* Mexico City, October 23, 2019.‐ Yesterday, the Federal Economic Competition Commission’s (COFECE or Commission) Investigative Authority (...)

The UK Competition Authority fines three construction companies for price-fixing, market sharing, and exchange of information (Stanton Bonna Concrete / CPM / FP McCann)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95612 visits
Construction firms fined £36 million for breaking competition law* The CMA has issued 3 firms with fines totalling more than £36 million for breaking competition law in supplying certain concrete drainage products for building projects. Following an investigation by the Competition and (...)

The Hong Kong Competition Authority finds that the proposed pharmaceutical sales survey is not exempted from the prohibition on anticompetitive agreements (Hong Kong Association of the Pharmaceutical Industry)
Hogan Lovells (Beijing)
Chine 81 contributions 19901 visites
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Hogan Lovells (Hong Kong)
Hong Kong 5 contributions 1388 visites
On 22 October 2019, the Hong Kong Competition Commission (“HKCC”) published a decision that the proposed sales survey of the Hong Kong Association of the Pharmaceutical Industry (“HKAPI”) is not exempted from the prohibition on anti-competitive agreements as a result of the efficiency (...)

The Finnish Supreme Court rules that economic succession is applicable to parent companies with respect to liability for competition damages caused by their acquired companies (Asphalt cartel)
Castrén & Snellman (Helsinki)
Finlande 1 contribution 106 visites
On 22 October 2019, the Supreme Court issued a significant precedent in a competition damages case based on the so-called asphalt cartel. The Supreme Court had granted the City of Vantaa leave to appeal concerning the question of whether a company that is the sole shareholder in a company (...)

The Hong Kong Competition Authority clarifies its approach to information exchange in a case involving the pharmaceutical sector (Hong Kong Association of the Pharmaceutical Industry)
Linklaters (Hong Kong)
Hong Kong 10 contributions 8418 visites
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Linklaters (Hong Kong)
Hong Kong 1 contribution 81 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Hong Kong Competition Commission (“HKCC”) recently published its decision relating to a proposed market sales survey by the Hong Kong Association of the (...)

The Danish Maritime and Commercial Court rules against two companies for entering into an anticompetitive agreement for the purchase and sale of the distribution of unaddressed mail (Mediacenter)
Bird & Bird (Copenhagen)
Denmark 36 contributions 8085 visits
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Bird & Bird (Copenhagen)
Denmark 23 contributions 2504 visits
On 21 October 2019, the Danish Maritime and Commercial Court found two Danish companies, Mediacenter Danmark and MPE Distribution, guilty of having entered into an anticompetitive agreement to share customers on the market for the purchase and sale of the distribution of unaddressed mail. It (...)

The Danish Maritime and Commercial Court confirms the Danish Competition Authority’s decision finding that media agencies have concluded a market sharing agreement (Media Agencies)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35922 visits
Court: Agreement between media agencies constituted anti-competitive customer allocation* Danish Maritime and Commercial Court confirms Competition Council decision: Agreement between media agencies constituted anti-competitive customer allocation. In August 2017, the Danish Competition (...)

The EU Court of Justice confirms a decision of the General Court which dismissed a company’s request for the suspension of an investigation of documents marked as legally privileged (Alcodis / Alcogroup)
Ashurst (Brussels)
Belgium 37 contributions 9019 visits
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Ashurst (London)
Royaume-Uni 13 contributions 3942 visites
On 17 October 2019, the Court of Justice of the European Union ("ECJ") dismissed an appeal by ethanol company Alcogroup and its subsidiary Alcodis (collectivey "Alcogroup") against a ruling of the General Court ("GC") which had dismissed the company’s request for the suspension of the European (...)

The Paris Court of Appeal confirms the decision of the Competition Authority sanctioning a leader in garden machinery who imposed clauses restricting online sales on its distribution network (Stihl)
Addleshaw Goddard (Paris)
France 39 contributions 44101 visits
The Court of appeal of Paris has confirmed the decision of the French Competition Authority ("FCA") sanctioning Stihl, a manufacturer of mechanical garden equipment, for prohibiting, between 2006 and 2017, the sale of certain dangerous products on its distributors’ websites. The Court of (...)

The Belgian Competition Authority fines the national pharmacists order for taking disciplinary measures limiting the ability to advertise and apply rebates to para pharmaceutical products (Order of Pharmacists)
Ashurst (Brussels)
Belgium 7 contributions 1236 visits
On 16 October 2019, the Belgian Competition Authority ("BCA") fined the national Order of Pharmacists €225,000 for taking disciplinary measures limiting the ability of pharmacists to advertise and apply rebates to parapharmaceutical products. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS The BCA’s (...)

The US DOJ opens an investigation of four car manufacturers for possible collusion by entering into an agreement with the State of California on light vehicle emissions and gas mileage standards
Richard Wolfram, Esq. (New York)
États-Unis 3 contributions 2430 visites
THE DOJ INVESTIGATES CAR MANUFACTURERS FOR ’COLLUSSION’ IN THEIR FRAMEWORK AGREEMENT WITH CALIFORNIA ON GAS MILEAGE AND EMISSIONS STANDARDS: SOUNDING THE DEPTHS OF PROSECUTORIAL DISCRETION ON ANTICOMPETITIVE COLLUSION AS DISTINGUISHED FROM PROCOMPETITIVE COLLABORATION* At a historic moment (...)

The Belgian Competition Authority fines €225,000 the national association of pharmacists for limiting the ability of pharmacists to advertise para pharmaceutical products online (Order of Pharmacists)
Allen & Overy (Brussels)
Belgium 28 contributions 3273 visits
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Bird & Bird (Brussels)
Belgium 42 contributions 12192 visits
On 15 October 2019, the Belgian Competition Authority ("BCA") imposed a fine of EUR 225,000 on the national Order of Pharmacists for adopting, maintaining and implementing provisions of its Deontological Code that limit the ability of pharmacists to advertise para-pharmaceutical products, in (...)

The Higher Regional Court of Nürnberg rules that without reference to a specific product there will not be a prima facie case against exchanges of information (HEMA)
Hogan Lovells (Munich)
Germany 65 contributions 25100 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4350 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1351 visits
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Brief summary of facts Claimant brought an action for damages to the Regional Court based on purchases between 2005 and 2010 from the defendant. The defendant was later fined by the German Federal Cartel Office for participation in a cartel concerning the goods at stake. Therefore, claimant (...)

The Brazilian Competition Authority recommends closing an administrative inquiry that investigates potential anticompetitive conduct in the transmission of sensitive information among competitors in the payment market
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
1 contribution 284 visits
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Federal Comptroller General - Brazil
Brazil 9 contributions 2892 visits
On October 14, CADE’s General Superintendence (GS) recommended closing an administrative inquiry investigating potential anticompetitive conduct. Such conduct consisted of the transmission of sensitive information among competitors in the payments market. More specifically, the investigation (...)

The Ukrainian Competition Authority imposes a record-breaking fine totaling € 245.3 million on tobacco companies and their sole distributor for concerted practices (Tedis)
Redcliffe Partners (Kyiv)
Ukraine 1 contribution 299 visites
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Redcliffe Partners (Kyiv)
Ukraine 9 contributions 9457 visites
In October 2019, the Antimonopoly Committee of Ukraine (the "AMC") imposed a record fine on the Ukrainian subsidiaries of four leading international tobacco producers, namely Philip Morris, JTI, Imperial Tobacco and British American Tobacco (the "Tobacco Companies"), and (...)

The Hellenic Competition Authority signs a protocol on cooperation with the Single Public Procurement Authority
University of Portsmouth
Royaume-Uni 1 contribution 287 visites
PROTOCOL ON COOPERATION BETWEEN THE GREEK COMPETITION AUTHORITY AND THE GREEK PUBLIC PROCUREMENT AUTHORITY* In October 2019, the Hellenic Competition Commission signed Protocol on Cooperation with the Hellenic Single Public Procurement Authority. Both agencies have agreed on the areas of (...)

The Australian Director of Public Prosecutions brings criminal charges against a former general manager for obstructing an Australian Competition Authority’s cartel investigation (BlueScope)
Bird & Bird (Sydney)
Australia 21 contributions 2423 visits
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Bird & Bird (Sydney)
Australia 28 contributions 3397 visits
In our August update , we discussed the proceedings that had been commenced by the Australian Competition and Consumer Commission (ACCC) in the Federal Court of Australia against BlueScope Steel Limited (BlueScope) and its former General Manager of Sales and Marketing, Mr Jason Ellis, for (...)

The French Competition Authority fines three companies and their wholesale importers for having set up exclusive import agreements in the distribution of perfumes and cosmetic products market in Guadeloupe, Martinique, French Guiana and La Réunion (Procter & Gamble / Coty / Chanel)
French Competition Authority (Paris)
France 743 contributions 395405 visits
Distribution of perfumes and cosmetics in the French Antilles, French Guiana and La Réunion* The Autorité de la concurrence hands down fines to Procter & Gamble, Coty and Chanel and their wholesale importers for having set up exclusive import agreements. The Lurel Law has prohibited (...)

The French Competition Authority sanctions €176,000 a consumer goods corporation and its wholesaler for implementing exclusive import agreements in overseas territories (Procter & Gamble / Coty / Chanel)
University of Paris I Panthéon-Sorbonne
France 396 contributions 454523 visits
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Addleshaw Goddard (Paris)
France 39 contributions 44101 visits
On 8 October 2019, the French Competition Authority ("FCA") sanctioned Procter & Gamble ("P&G"), Coty and Chanel, as well as their wholesalers, €176,000 for having implemented exclusive import agreements in overseas territories. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS Since March 2013, (...)

The US District Court for the Northern District of California rules that an automotive company breaches FRAND commitments for the standard essential patents it was offering to license (Continental / Avanci)
Ropes & Gray (New York)
États-Unis 1 contribution 84 visites
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Ropes & Gray (New York)
États-Unis 2 contributions 156 visites
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Ropes & Gray (New York)
États-Unis 2 contributions 156 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. As new devices become wirelessly connected, the importance of fairly licensing cellular standard essential patents (SEPs) has become increasingly important. (...)

The UK Competition Authority issues a statement of objections to three pharmaceutical companies over pay-for-delay agreements (Aspen / Amilco / Tiofarma)
KPN (Amsterdam)
Netherlands 33 contributions 7194 visits
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Bird & Bird (London)
United Kingdom 28 contributions 3414 visits
On 3 October 2019 the Competition and Markets Authority (CMA) issued a Statement of Objections (the “SO”) to three pharmaceutical companies over pay-for-delay agreements in the market for Addison’s disease treatment. In its SO the CMA sets out its provisional view that, in 2016, (...)

The Spanish Competition Authority fines companies for participating in a cartel in the industrial assembly and maintenance sector (Montaje Y Mantenimiento Industrial)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20620 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 28560 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20604 visits
The CNMC has dismantled a cartel in the industrial assembly and maintenance sector. According to the CNMC, the practices in question were conducted with the aim of increasing prices in the services provided, mainly, to energy and petrochemical clients. The cartel members engaged in client (...)

The Spanish Supreme Court sheds light on the issue of penalties to directors in a price-fixing case (FENIN)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46229 visits
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Latham & Watkins (Brussels)
Belgium 24 contributions 3223 visits
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Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 22032 visites
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The Supreme Court’s judgments quash the decisions against two employees of FENIN (the Spanish Federation of Health Technology Companies) in the CNMC’ Decision of 26 May 2016, AIO, S/DC/0504/14), which fined €128.8 million on eight manufactures, their association FENIN and four individuals, for (...)

The Belgian Competition Authority adopts guidelines on the exchange of information by trade associations
Hogan Lovells (Brussels)
Belgique 7 contributions 1278 visites
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King & Spalding (Brussels)
Belgium 10 contributions 5288 visits
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King & Spalding (Brussels)
Belgique 8 contributions 1610 visites
On 1 October 2019, the Belgian Competition Authority (BCA) adopted a new set of guidelines relating to exchanges of information in the context of trade associations. Following the lack of clarity highlighted by some market participants, the main objective of these guidelines is to provide (...)

The Belgian Competition Authority publishes a guide which sets out the principles of exchanging information between competitors and how it applies to associations of undertakings
Allen & Overy (Brussels)
Belgium 28 contributions 3273 visits
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Bird & Bird (Brussels)
Belgium 42 contributions 12192 visits
On 1 October 2019, the Belgian Competition Authority published a Guide on the "Exchange of Information in the framework of Associations of Undertakings". The Guide sets out the main principles of exchanging information between competitors and how they apply to associations of undertakings, and (...)

The Spanish Supreme Court rules that officers of companies that infringe competition rules may be penalised for their passive conduct in the infringement (FENIN)
Herbert Smith Freehills (Madrid)
Espagne 22 contributions 31628 visites
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Gold Abocados (Madrid)
Espagne 3 contributions 569 visites
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Herbert Smith Freehills (Madrid)
Spain 12 contributions 2119 visits
In its recent judgments dated 1 October 2019 (in connection with appeals 5280/2018 and 5244/2018 ), the Spanish Supreme Court (the "SSC") has found that the legal representatives and members of the management boards of undertakings that infringe competition rules need not have a decisive or (...)

The Belgian Competition Authority issues a guide on the exchange of information in the framework of professional association
Belgian Competition Authority (Brussels)
Belgium 109 contributions 22891 visits
Guide on the exchange of information in the framework of professional association* After completing the public consultations, the Board of the Belgian Competition Authority (BCA) has adopted on the 1st of October 2019 a guide on the exchange of information in the framework of professional (...)

The Spanish Competition Authority fines 19 assembly and maintenance companies operating in the energy and petrochemical sectors €54.2 million and also fines 8 directors €0.28 million for big-rigging (Montaje Y Mantenimiento Industrial)
Spanish Competition Authority (CNMC) (Madrid)
Spain 8 contributions 1410 visits
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Ashurst (Madrid)
Spain 7 contributions 887 visits
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Ashurst (Madrid)
Spain 14 contributions 2244 visits
The Spanish Competition Authority ("CNMC") has fined 19 assembly and maintenance companies operating in the energy and petrochemical sectors €54.2 million, and fined 8 directors €0.28 million, for big-rigging practices following a leniency application submitted by one of the companies. WHAT (...)

The Australian Competition Authority starts applying an updated cartel immunity policy which requires a higher level of cooperation for leniency and introduces a new online portal for whistleblowers
King & Wood Mallesons (Sydney)
Australia 11 contributions 1425 visits
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King & Wood Mallesons (Sydney)
Australie 1 contribution 109 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. From 1 October 2019, the Australian Competition and Consumer Commission (ACCC) will apply an updated cartel immunity and cooperation policy, with the changes (...)

Unilateral Practices

 The Cypriot Competition Authority fines a chemical and consumer goods company €3.3M after finding that its exclusionary practices amounted to an abuse of dominance through portfolio effects in the wholesale market for heavy-duty detergents (K.A.C. Constantinides Trading / GPM-Henkel)
Antoniou McCollum & Co. (Nicosia)
Chypre 15 contributions 16870 visites
The Cypriot Commission for the Protection of Competition (CPC) found that exclusionary practices on the part of a dominant undertaking in the wholesale market for heavy-duty detergents amounted to an abuse of a dominant position. Henkel AG & Co KGa, a chemical and consumer goods company, (...)

The Mexican Competition Authority initiates an investigation to determine if there are barriers to competition and of essential facilities in the aircraft fuel market
Baker Mckenzie (Mexico)
Mexique 1 contribution 425 visites
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Baker Mckenzie (Mexico)
Mexique 2 contributions 932 visites
On October 31, 2019, COFECE published in the Federal Official Gazette an official Notice that initiated an investigation to determine if there are barriers to competition and of essential facilities in the aircraft fuel market, including the production, importation, storage, transportation, (...)

The German Federal Court of Justice allows an appeal in an abuse of dominance claim between a transmitter operator and a radio station Berufungszuständigkeit II
Hogan Lovells (Munich)
Germany 65 contributions 25100 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4350 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1351 visits
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Brief summary of facts The defendant operates a radio station in Potsdam and uses the terrestrial transmitters operated by claimant for the transmission. In August 2015, the Federal Network Agency approved the fees of claimant in appeal for the period from 1 January 2016 onwards. For the (...)

The Japanese FTC commitment case for the First Time at the Japan Fair Trade Commission – MFN Clauses (Rakuten)
White & Case (Tokyo)
Japon 21 contributions 3381 visites
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White & Case (Tokyo)
Japon 20 contributions 3287 visites
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White & Case (Tokyo)
Japon 21 contributions 3381 visites
On October 25, 2019, the Japan Fair Trade Commission (“JFTC”) announced that it approved a commitment plan proposed by Rakuten, Inc. (“Rakuten”). As a result, the JFTC closed its investigation without finding violation or imposing penalties. This is the first case for which the JFTC applied (...)

The Turkish Administrative Court in Ankara annuls a decision of the Competition Authority in the electronic communications sector due to incomplete examination of anticompetitive infringement (Dogan / Cisco)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81264 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 10 contributions 4540 visites
This case summary includes an analysis of Ankara 11th Administrative Court’s (the “Administrative Court”) decision (24.10.2019, E. 1315, K. 2115) in which the Administrative Court annulled the Turkish Competition Board’s (the “Board”) decision (15-28/317-95, 07.07.2015) due to the incomplete (...)

The South African Competition Appeal Court dismisses an appeal following the Competition Tribunal’s decision for an abuse of dominance in contravention of the Competition Act (Computicket)
Linklaters (London)
United Kingdom 7 contributions 4075 visits
SOUTH AFRICA: COMPETITION APPEAL COURT CONFIRMS TRIBUNAL FINDING IN COMPUTICKET ABUSE OF DOMINANCE CASE* The South African Competition Appeal Court (CAC) on 23 October 2019 dismissed an appeal by Computicket (Pty) Ltd. (Computicket), following the decision of the Competition Tribunal (...)

The Italian Regional Administrative Court of Lazio upholds the Competition Authority’s decision which fined a company for abusing its dominant position in the electricity market (Enel)
Bird & Bird (Rome)
Italie 19 contributions 4096 visites
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Luiss Guido Carli University (Rome)
Italie 27 contributions 5464 visites
On 17 October 2019, the Regional Administrative Court of Lazio (“TAR”) issued its judgment on the appeal lodged by Enel Group against the decision of the Italian Competition Authority (the “ICA”) issued on 20 December 2018. The ICA had fined the company over EUR 93 million for abusing its (...)

The EU Commission imposes interim measures on a tech company in the design, development and supply of semiconductors (Broadcom)
Bird & Bird (Brussels)
Belgium 42 contributions 12192 visits
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Allen & Overy (Brussels)
Belgium 28 contributions 3273 visits
On 16 October 2019, the European Commission (EC) imposed interim measures on Broadcom. Broadcom is a technology leader in the design, development and supply of a range of semiconductor and infrastructure software solutions, including chipsets for TV set-top boxes and modems. The EC started its (...)

The EU Commission imposes interim measures on a major supplier of integrated circuits for communications devices to prevent damage to competition in the TV set-top boxes and modems market (Broadcom)
Free University of Brussels (ULB)
Belgique 17 contributions 29419 visites
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Ashurst (Brussels)
Belgium 37 contributions 9019 visits
On 16 October 2019, for the first time in 18 years, the European Commission ("Commission") imposed interim measures on Broadcom - a major supplier of integrated circuits for communications devices - in order to prevent "serious and irreparable damage" to competition from occurring in certain (...)

The EU Commission imposes interim measures on a technology company suspected to have abused its dominance in the TV and modem chipset markets (Broadcom)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
Antitrust: Commission imposes interim measures on Broadcom in TV and modem chipset markets* The European Commission has ordered Broadcom to stop applying certain provisions contained in agreements with six of its main customers. This will prevent serious and irreparable harm to competition (...)

The EU Commission imposes interim measures on a technology company to prevent it causing serious and irreparable damage to competition by prima facie abusing its dominant position (Broadcom)
Leiden University - Faculty of Governance and Global Affairs
Pays-Bas 2 contributions 424 visites
Introduction On 16 October 2019, the European Commission imposed interim measures on Broadcom to prevent it causing serious and irreparable damage to competition by prima facie abusing its dominant position. On 7 October 2020, the Commission accepted commitments offered by Broadcom regarding (...)

The EU Commission imposes interim measures on a company for abuse of dominance in the TV and modem chipset markets (Broadcom)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 65834 visites
On 16 October 2019, the European Commission adopted a decision ordering Broadcom to stop applying certain provisions contained in agreements with six of its main customers in the TV and modem chipset markets. According to the Commission’s press release, Broadcom was prima facie found to be (...)

The EU Commission imposes interim measures on an IT company for the first time in 20 years over alleged abuse of dominance position (Broadcom)
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71789 visits
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Herbert Smith Freehills (Düsseldorf)
Germany 22 contributions 5760 visits
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Herbert Smith Freehills (Düsseldorf)
Germany 16 contributions 4382 visits
On 16 October 2019, the EU Commission ("the Commission") adopted interim measures against Broadcom in connection with its ongoing investigation into the company for abuse of a dominant position. The investigation started in June 2019 when the Commission opened an antitrust investigation to (...)

The EU Commission imposes interim measures on a company for abuse of dominance in the TV and modem chipset markets (Broadcom)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20620 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 28560 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20604 visits
On 16 October 2018, the European Commission announced that, in the framework of its investigation into possible anticompetitive practices by Broadcom, it had imposed interim measures on the American company. This is the first time in 18 years that the Commission uses the power enshrined in (...)

The EU Commission imposes interim measures for the first time in 18 years making the company cease and desist until the end of the investigation (Broadcom)
Baker Botts (Brussels)
Belgium 29 contributions 48999 visits
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Baker Botts (Brussels)
Belgium 2 contributions 159 visits
For the first time in 18 years, the European Commission (“Commission”) has imposed interim measures on a company, ordering it to cease and desist certain practices pending the outcome of its antitrust investigation (or for a period of 3 years if the investigation is not concluded earlier). The (...)

The EU Commission finds on a prima facie basis, that an undertaking abused its dominant position and orders to cease its prima facie abusive conduct in order to avert the risk of damage to competition (Broadcom)
McDermott Will & Emery (Paris)
France 134 contributions 66025 visits
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Arnold & Porter Kaye Scholer (Brussels)
Belgium 64 contributions 98663 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. INTERIM MEASURES IMPOSED ON BROADCOM: THE RE-AWAKENING OF A ONCE-DORMANT TOOL?* The European Commission (EC) has found, on a prima facie basis, that Broadcom (...)

The EU Commission imposes interim measures on a chipmaking company suspected of having put in place contractual restrictions to exclude its competitors from the market (Broadcom)
Orrick, Herrington & Sutcliffe (Paris)
France 2 contributions 364 visits
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Orrick, Herrington & Sutcliffe (Paris)
France 18 contributions 26123 visits
On June 26, 2019, the EU Commission opened a formal investigation into U.S. chipmaker Broadcom’s alleged abuse of dominance. In a rather unexpected move, the EU Commission informed the company, on the same day, of its intention to impose interim measures, a long-forgotten tool. Broadcom, (...)

The Cypriot Competition Authority issues a decision imposing a fine of €33K on a local authority for excessively pricing its water supply services for livestock productions (Community Council of Kokkinotrimithia)
ServPRO Accountants & Consultants (Nicosia)
9 contributions 1590 visits
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Trojan Economics (Nicosia)
Cyprus 11 contributions 2239 visits
Introduction On 14 October 2019 the Cyprus Commission for the Protection of Competition (“CPC”) issued a decision imposing a fine of €33,843.81 on the Community Council of Kokkinotrimithia (“CCK”) for a violation of Section 6(1)(a) of the Protection of Competition Law (Law 13(I)/2008), as (...)

The German Federal Court rules on ad-blocking software, the market definition and the potential competitive concerns (Ad Blocker III)
Bird & Bird (Dusseldorf)
Germany 21 contributions 2526 visits
On 8th October 2019 the German Federal Court ruled on ad blocking software, the market definition and potential competitive concerns (KZR 73/17 "Ad blocker III"). The judgment concerns the dispute between companies of the RTL Group and the defendant, a provider of advertising blocker software. (...)

The Italian Competition Authority opens an abuse of dominance investigation into orphan drugs pricing (Leadiant Biosciences / Farmaco per la cura della Xantomasi cerebrotendinea)
Municipality of Cagliari
167 contributions 133274 visits
On 8 October 2019 the Italian Competition Authority (ICA) has opened an Article 102 TFEU investigation against several pharmaceutical companies belonging to the Leadiant group. The ICA’s attention was drawn by the selling prices applied by the parties to an orphan drug because it feared that (...)

The Polish Competition Authority imposes a fine for abuse of contractual advantage in relations between a buyer and a supplier in the food sector (Fruit Polska)
Bird & Bird (Warsaw)
Poland 19 contributions 3005 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 3005 visits
The Polish Act on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products (the “Act”) applies to all contracts for supply of agricultural and food products (i.e. between supermarkets or retail chains and food producers, as well as food producers and (...)

The French Commercial Court of Paris rules that a private enforcement action cannot proceed because the limitation period has expired and that argument that the period was interrupted is flawed (Sanofi / Sanofi Aventis / CNAMTS)
Herbert Smith Freehills (Paris)
France 56 contributions 12582 visites
Brief summary of facts On 14 May 2013, following a complaint by TEVA, a generics manufacturer, the FCA fined Sanofi EUR 40.6 million for abuse of dominance (disparaging the generic versions of Plavix®). Decision was confirmed by the Paris Court of Appeal in December 2014 and the French (...)

Mergers

 The Turkish Competition Authority unconditionally approves an acquisition concluding that the parties, both controlled by Chinese State authorities, constitute separate entities (Tsinghua Tongfang / CNNC Capital)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81264 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 24 contributions 4801 visits
This case summary concerns an analysis of the Board’s CNNC Capital/Tongfang decision, regarding the acquisition of sole control over Tsinghua Tongfang Co. Ltd. (“Tongfang”) by China National Nuclear Corporation Capital Holdings Co. Ltd. (“CNNC Capital”). The Board assessed whether the (...)

The Turkish Competition Authority approves the transaction concerning the indirect acquisition of control over a coal and steel company and its business unit for the distribution of steel pipes via a transfer of shares (Van Leeuwen / Benteler)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81264 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 5533 visits
This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) Van Leeuwen/Benteler decision, in which the Board evaluated the acquisition of sole control over Benteler International Aktiengesellschaft’s (“ Benteler ”) business unit for the distribution of steel pipes (“ (...)

Sole control : The French Competition Authority clears an acquisition of sole control in the care institutions sector (Courlancy / Saint Gatien)
L’actu-concurrence (Paris)
France 4660 contributions 1201460 visits
In the last few days, the Competition Authority has put 6 new merger clearance decisions online, including 4 simplified decisions. These decisions include Decision No. 19-DCC-205 of 30 October 2019. by which the Authority authorised the acquisition of sole control of the Courlancy group, (...)

The Indian Competition Authority clears acquisition by automobile manufacturers of small shareholdings in a ride-sharing company (ANI / OLA)
Shardul Amarchand Mangaldas (New Delhi)
India 60 contributions 17599 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18442 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19369 visits
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The CCI cleared the proposed acquisition by automobile manufacturers Hyundai and Kia of small shareholdings in ride-sharing company ANI Technologies (ANI/OLA) and its electrical vehicles arm, Ola Electric Mobility (OEMPL), together with strategic cooperation in various areas. The CCI (...)

The French Competition Authority unconditionally clears a merger in the healthcare sector (Vivalto Santé / Confluent)
French Competition Authority (Paris)
France 743 contributions 395405 visits
In the Decision set out below, the Authority has examined the acquisition of sole control of the Confluent group by the Vivalto Santé group. The Confluent Group owns two healthcare facilities located in Nantes, namely the Confluent Private Hospital and the CCS chemotherapy centre located (...)

The French Competition Authority clears a merger in the healthcare sector without remedies (Vivalto Santé / Confluent)
French Competition Authority (Paris)
France 743 contributions 395405 visits
In the Decision set out below, the Authority has examined the acquisition of sole control of the Confluent group by the Vivalto Santé group. The Confluent Group owns two healthcare facilities located in Nantes, namely the Confluent Private Hospital and the CCS chemotherapy centre located (...)

The EU Commission opens in-depth investigation relating a merger in the global cruise shipbuilding market (Chantiers de l’Atlantique / Fincantieri)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
Mergers: Commission opens in-depth investigation into proposed acquisition of Chantiers de l’Atlantique by Fincantieri* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Chantiers de l’Atlantique by Fincantieri, under the EU Merger Regulation. (...)

The Norwegian Competition Authority prohibits a merger in the market for semi-submersible accommodation vessels as it would reduce competition in terms of prices, quality and innovation (Prosafe)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
On 28 October 2019, the Norwegian Competition Authority (“NCO”) prohibited Prosafe, the leading global producer of semi-submersible accommodation vessels, from acquiring competitor Floatel. Prosafe is Norwegian, whereas Floatel is based in Bermuda and Sweden. Semi-submersible accommodation (...)

The French Competition Authority decides to not renew remedies previously imposed to clear a merger in the telecommunications sector (SFR / Altice)
French Competition Authority (Paris)
France 743 contributions 395405 visits
Acquisition of SFR by Altice: the Autorité de la concurrence will not renew the commitments and maintains certain injunctions* Given changes to the markets, the Autorité de la concurrence will not renew the commitments made by Altice upon acquiring SFR. However, the injunctions with (...)

The Austrian Cartel Court fines a company for gun-jumping in the investment market (Eurazeo)
Austrian Competition Authority (Vienna)
Austria 63 contributions 7225 visits
Eurazeo SE fined for illegal merger* The Cartel Court, at the Austrian Federal Competition Authority’s request, has imposed a fine of € 30,000 on Eurazeo SE. The respondent had indirectly acquired a 58.8% stake in 2R Holding SAS and thus been in a position of sole control between 17 July (...)

The Austrian Competition Authority fines two companies for gun-jumping in the motorcycle and sports car manufacturing market (KTM / Kiska )
Austrian Competition Authority (Vienna)
Austria 63 contributions 7225 visits
KTM AG and Kiska GmbH fined for illegal merger* The Cartel Court, at the Austrian Federal Competition Authority’s request, has imposed a fine of € 60,000 on KTM AG and Kiska GmbH. The first respondent had held a 26% stake in the second respondent during the period from 7 October 2015 to 29 (...)

The French Competition Authority opens an in-depth investigation relating to a merger in the food retail market (Casino / Leclerc)
French Competition Authority (Paris)
France 743 contributions 395405 visits
Acquisition of a Casino hypermarket located in the Troyes urban area: The Autorité de la concurrence opens an in-depth examination phase* The Autorité de la concurrence opens an in-depth examination phase for the acquisition of a Casino hypermarket located in the Troyes urban area by (...)

The French Competition Authority clears a merger in the energy efficiency sector (Économie d’Énergie / La Poste)
French Competition Authority (Paris)
France 743 contributions 395405 visits
The Autorité de la concurrence clears the acquisition of Économie d’Énergie by Le Groupe La Poste.* Le Groupe La Poste notified the Autorité of its plans to take exclusive control of Économie d’Énergie. This transaction is part of Le Groupe La Poste’s strategy to diversify its activities, (...)

The Spanish Competition Authority fines a company for a merger commitment breach (Telefonica)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20620 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 28560 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20604 visits
The CNMC has fined Telefonica 1.5 million for breaching one of the commitments attached to its acquisition of DTS. The merger was cleared in 2015 by the CNMC on the condition that Telefonica fulfilled a number of commitments in the pay TV market. This included, among others, making (...)

The UK Government provides a withdrawal agreement for the Competition Authority’s merger control during the Brexit transition period and after
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71789 visits
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Herbert Smith Freehills (London)
United Kingdom 44 contributions 8894 visits
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Herbert Smith Freehills (London)
United Kingdom 59 contributions 21059 visits
On 31 January 2020, at 11pm GMT, the UK ceased to be a Member State of the EU and the transition period provided for in Article 126 of the Withdrawal Agreement started to run. This briefing looks at the provisions in the Withdrawal Agreement that are relevant for merger control, both during (...)

The French Competition Authority launches its online notification procedure for certain mergers
French Competition Authority (Paris)
France 743 contributions 395405 visits
Modernisation of merger control* Today, the Autorité de la concurrence launched its online notification procedure for certain mergers. Background The Autorité is continuing the simplification process it has begun for merger procedures. After adopting various measures to reduce and (...)

The French Competition Authority opens an in-depth investigation into a merger in the diagnosis and hospital care market (Elsan / Hexagone Santé Méditerranée)
French Competition Authority (Paris)
France 743 contributions 395405 visits
In-depth examination into Elsan’s plans to acquire Hexagone Santé Méditerranée* Elsan notified the Autorité de la concurrence of its plans to take exclusive control of Hexagone Santé Méditerranée (HSM). The parties to the transaction are especially active in the diagnosis and hospital care (...)

The UK Competition Authority imposes a fine for failure to comply with mandatory document requests under Section 109 Notices (Sabre / Farelogix)
Herbert Smith Freehills (London)
Royaume-Uni 24 contributions 8249 visites
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Herbert Smith Freehills (London)
United Kingdom 59 contributions 21059 visits
The CMA today published a penalty notice addressed to Sabre Corporation in the context of its anticipated acquisition of Farelogix Inc, for its failure to comply with two Section 109 Enterprise Act Notices. The anticipated acquisition is currently being examined by the CMA after its Merger (...)

The UK Competition and Markets Authority fines a company for failure to comply with document requests (Sabre / Farelogix)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
On 11 October 2019, the UK’s Competition and Markets Authority (“CMA”) fined the airline technology company Sabre Holdings £ 20,000 for failing to comply with two Section 109 Enterprise Act notices during the CMA’s in-depth investigation into its proposed acquisition of Farelogix, Inc. (...)

The Finnish Permanent Secretary of the Ministry of Economic Affairs and Employment considers amending the merger control thresholds and the investigative powers of the Competition Authority
Bird & Bird (Helsinki)
Finland 14 contributions 1097 visits
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Hannes Snellman (Helsinki)
Finland 23 contributions 3019 visits
According to the Permanent Secretary of the Ministry of Economic Affairs and Employment ("Ministry"), the Ministry will examine whether the turnover thresholds of Finnish merger control should be amended. Another issue to be considered is whether the Finnish Competition and Consumer Authority (...)

The UK Competition Authority orders a divesture and blocks a merger in the cleaning chemicals sector (Ecolab / Holchem)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
On 8 October 2019, the UK’s Competition and Markets Authority (“CMA”) ordered Ecolab to divest Holchem, effectively blocking the merger of two of the largest cleaning chemicals suppliers in the UK. Ecolab bought Holchem in November 2018. The CMA launched a merger inquiry in February 2019, (...)

The German Competition Authority clears a merger in the food wholesale market (Rewe / Lekkerland)
German Competition Authority (Bonn)
Germany 447 contributions 113815 visits
Rewe can acquire Lekkerland – Bundeskartellamt clears merger* Today the Bundeskartellamt has cleared the acquisition by the Rewe Group of Lekkerland AG & Co. KG. Andreas Mundt, President of the Bundeskartellamt: “Together Rewe and Lekkerland only achieve an unproblematic market share (...)

The Dutch Competition Authority allows a biscuit company to acquire a chain of bakeries (Banketgroep / Nieuwko)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35137 visits
Banketgroep Holding International may acquire Nieuwko Holding (merger decision)* Banketgroep Holding International BV may acquire Nieuwko Holding BV. This was decided by the Netherlands Authority for Consumers & Markets (ACM) on September 27, 2019. Sufficient competition will remain (...)

The EU Commission opens an in-depth investigation relating to a proposed joint venture by aircraft manufacturers (Boeing / Embraer)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
Mergers: Commission opens in-depth investigation into joint ventures proposed by Boeing and Embraer* The European Commission has opened an in-depth investigation to assess the proposed creation of two joint ventures by aircraft manufacturers Boeing and Embraer, under the EU Merger (...)

The EU Commission clears a merger, subject to remedies, in the production of aluminium automotive body sheets market (Novelis / Aleris)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
Mergers: Commission clears Novelis’ acquisition of Aleris, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Aleris by Novelis. The decision is conditional on the divestiture of Aleris’ aluminium automotive body sheets business in (...)

State Aid

 The EU Commission opens an in-depth investigation into the public support for a chemical plant in Poland (PCC)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
State aid: Commission opens in-depth investigation into public support for chemical company PCC’s plant in Poland* The European Commission has opened an in-depth investigation to assess whether two support measures totalling €39 million awarded by Poland to chemical company PCC MCAA Sp. Zo.o (...)

The EU Commission opens an in-depth investigation to assess whether various financing measures granted by Hungarian State-owned entities to a company operating in the ground handling market comply with EU rules for aid to companies in difficulty (Malév)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
State aid: Commission opens in-depth investigation into Hungarian support measures to Malév Ground Handling* The European Commission has opened an in-depth investigation to assess whether various financing measures totalling approximately €21 million granted by Hungarian State-owned entities (...)

The EU Commission approves under EU State aid rules Romania’s plans to inject €200 million of capital in a fully state-owned Bank (CEC Bank)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
State aid: Commission approves market conform recapitalisation of Romanian CEC Bank* The European Commission has found Romania’s plans to inject €200 million of capital in fully state-owned CEC Bank to be free of any State aid. The Commission found that the recapitalisation will be carried (...)

The EU Commission opens an in-depth investigation to assess whether the plan by the Spanish region of Valencia to grant public support to a regional airline company is in line with EU State aid rules (Air Nostrum)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
State aid: Commission opens investigation into public support for Air Nostrum’s fleet renewal in Spain* The European Commission has opened an in-depth investigation to assess whether the plan by the Spanish region of Valencia to grant €9 million of public support to regional airline Air (...)

The EU General Court confirms the Commission ruling on the calculation of the amount of compensation resulting from contractual obligations in the motorways sector (Autostrada Wielkopolska)
Maastricht University
Belgium 353 contributions 64282 visits
COMPENSATION TO A TOLL ROAD OPERATOR* Introduction When is a company entitled to compensation by the state? The easy answer is “when the state is liable for damage”. However, it may be possible for a company to claim compensation from the state when the state has assumed contractual (...)

The EU Commission approves under EU State aid rules the British Capacity Market scheme introduced in 2014 to safeguard security of electricity supply
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
State aid: Commission approves the British Capacity Market scheme* Following an in-depth investigation, the European Commission has approved under EU State aid rules the British Capacity Market scheme introduced in 2014 to safeguard security of electricity supply. In July 2014, the (...)

The EU Commission opens an investigation into proposed Hungarian public support for a plant in the battery cell production facility market (Samsung)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
STATE AID: COMMISSION OPENS INVESTIGATION INTO PROPOSED PUBLIC SUPPORT FOR SAMSUNG PLANT IN HUNGARY* The European Commission has opened an in-depth investigation to assess whether Hungary’s plans to grant €108 million of public support to Samsung SDI for investing in the expansion of its (...)

The EU Commission finds that Greek plans aimed at supporting the reduction of non-performing loans of Greek banks are in line with EU State aid rules
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824043 visits
STATE AID: COMMISSION APPROVES MARKET CONFORM ASSET PROTECTION SCHEME FOR BANKS IN GREECE* The European Commission has found Greek plans aimed at supporting the reduction of non-performing loans of Greek banks to be free of any State aid. The Commission found that, under the asset (...)

The Serbian National Assembly enacts a State aid control act
BDK (Podgorica)
Montenegro 17 contributions 1414 visits
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BDK Advokati (Belgrade)
Serbie 2 contributions 102 visites
The Serbian National Assembly enacted on 10 October 2019 the new State Aid Control Act, which will become applicable only on 1 January 2020 (with the exception of the provisions regulating the organization of the Commission for State Aid Control (“Commission“), which are already applicable). (...)

Procedures

 The Peruvian Competition Authority pre-publicates the draft of guidelines for dawn raids, which seeks to guide the scope of these investigative actions to detect anticompetitive behaviours
Peruvian Competition Authority - INDECOPI (Lima)
Peru 8 contributions 1926 visits
THE INDECOPI PRE-PUBLICATES THE DRAFT OF GUIDELINES FOR DAWN RAIDS, WHICH SEEKS TO GUIDE THE SCOPE OF THESE INVESTIGATIVE ACTIONS TO DETECT ANTICOMPETITIVE BEHAVIORS* Indecopi, through the Technical Secretariat of the Free Competition Commission, pre-published for comments the project (...)

Regulatory

 The Dutch Competition Authority launches a market study into major tech firms on Dutch payments market
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35137 visits
Market study into major tech firms on Dutch payments market* At the request of the Dutch Minister of Finance, the Netherlands Authority for Consumers and Markets (ACM) has launched a market study into the activities of major tech firms (so-called Big Techs) on the Dutch payments market. (...)

The UK Government follows the withdrawal agreement with its implications on UK competition law
Bird & Bird (London)
United Kingdom 19 contributions 3441 visits
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Spencer West (London)
Royaume-Uni 4 contributions 231 visites
The UK exited the EU on 31st January 2020. By virtue of the transition period in the Withdrawal Agreement, EU law will continue to apply in and in relation to the UK only until the 31st December 2020. The EU Treaties, EU free movement rights and the general principles of EU law will then cease (...)

The US Senate unanimously passes a bill to provide new whistleblower protections for employees, contractors, subcontractors, and agents of private employers
Morgan Lewis (Silicon Valley)
United States 11 contributions 1968 visits
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Morgan Lewis (Washington)
États-Unis 7 contributions 1581 visites
The US Senate on October 17 unanimously passed S. 2258, the Criminal Antitrust Anti-Retaliation Act of 2019 (the Bill). The Bill, if enacted, would amend the Antitrust Criminal Penalty Enhancement and Reform Act of 2004, and establish new whistleblower protections for employees, contractors, (...)

The Greek Regulatory Authority for Railways accepts commitments by a railway operator following investigations for potential abuse of dominance (Trainose)
Brown Hatchett Williams (New York)
États-Unis 1 contribution 284 visites
The Greek Regulatory Authority for Railways (RAS) has handed down its long-awaited Decision in TRAINOSE SA. The Decision gears towards the hearing of TRAINOSE SA because of a complaint made by another rail freight company, RCLG SA. It relates to competition concerns due to potential abuses of (...)

The South African Competition publishes new guidance on novel price discrimination and buyer power abuses
Herbert Smith Freehills (Johannesburg)
South Africa 4 contributions 516 visits
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Herbert Smith Freehills (Johannesburg)
South Africa 2 contributions 1023 visits
The South African competition authorities this month took an important step towards enforcing novel price discrimination and buyer power provisions contained in the Competition Amendment Act No.18 of 2018 (Amendment Act), with the publication of draft Regulations (here) and Guidelines (here (...)

The EU Commission Vice-President Margrethe Vestager backs her candidacy after a three-and-a-half-hour hearing in which she fielded questions on her plans to carry out her double role as the Commission’s Executive Vice-president and Competition Chief
Bird & Bird (Brussels)
Belgium 42 contributions 12192 visits
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Bird & Bird (Belgium)
Belgique 3 contributions 271 visites
Five years after winning the support of the European Parliament to become EU Competition Commissioner in the Juncker Commission, the Danish liberal politician Margrethe Vestager has done it again. MEPs backed her candidacy after a three-and-a-half hour hearing on 8th October during which she (...)

The Belgian, Dutch and Luxembourg Competition Authorities advocate for an ex ante competition law enforcement in the digital world
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46644 visits
On 2 October 2019, the Belgian, Dutch and Luxembourg competition authorities took the unusual step of adopting a joint memorandum on the role of the competition authorities in a digital world. This joint memorandum discusses merger control issues, the need for guidance in fast-moving digital (...)