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 Law Firm (Athens)
60 contributions 562 visits
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Kyriakides Georgopoulos Law Firm (Athens)
6 contributions 1782 visites
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 Hellenic Competition Commission signs protocol on cooperation with the Hellenic single public procurement Authority
University of Portsmouth (United Kingdom)
Royaume-Uni 1 contribution 218 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 joint (...)

The Belgian Competition Authority carries out an unannounced inspection in the pharmaceutical sector
Belgian Competition Authority (Brussels)
Belgium 59 contributions 13714 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 practices (...)

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 29 contributions 18265 visits
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White & Case (Washington)
United States 16 contributions 10360 visits
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White & Case (New York)
United States 7 contributions 3143 visits
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On October 7, 2019, California became the first state to enact legislation— Assembly Bill 824 (“AB 824”)—rendering certain pharmaceutical patent litigation settlement (...)

Anticompetitive practices

 The Mexican Competition Authority announces its initiation of investigations in diverse oil markets
Mexican Competition Authority (Mexico City)
Mexico 80 contributions 14924 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)
Bird & Bird (Amsterdam)
Netherlands 31 contributions 4260 visits
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Bird & Bird (London)
United Kingdom 26 contributions 1646 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 of (...)

The Czech Competition Authority fines trading chain for concluding agreements with some suppliers in the food sector (Marko)
Bird & Bird (Prague)
République tchèque 5 contributions 419 visites
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Bird & Bird (Prague)
Czech Republic 22 contributions 2078 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 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 4 contributions 328 visites
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Ashurst (London)
Royaume-Uni 9 contributions 888 visites
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Ashurst (London)
Royaume-Uni 1 contribution 37 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 simple (...)

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)
Case Associates (London)
United Kingdom 3 contributions 1813 visits
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 side (...)

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)
Singapore 5 contributions 219 visits
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Bird & Bird (Singapore)
Singapore 4 contributions 168 visits
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, pricing, and (...)

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)
Australie 20 contributions 1568 visites
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Bird & Bird (Sydney)
Australie 26 contributions 1944 visites
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 UK Competition Appeal Tribunal adopts a practical approach to realities of collective actions damages due to the Truck cartel decision (Road Haulage Association / UK Trucks Claim)
Hausfeld (London)
United Kingdom 6 contributions 353 visits
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Hausfeld (London)
Royaume-Uni 3 contributions 234 visites
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 Indian Competition Authority orders an investigation against online travel agencies for possible abuse of dominance and for imposing vertical restrictions (MakeMyTrip / OYO)
Trilegal (Mumbai)
India 7 contributions 4243 visits
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Trilegal (Bangalore)
India 5 contributions 2955 visits
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Trilegal (Mumbai)
India 7 contributions 4243 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 French Competition Authority fines a group of road transport companies for organising customer allocation practices among its members (Astre)
University of Paris I Panthéon-Sorbonne (Paris)
France 348 contributions 412725 visits
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Ashurst (Paris)
France 36 contributions 39724 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 French Competition Authority fines road transport companies for market sharing (Astre)
French Competition Authority (Paris)
France 611 contributions 246398 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 today (...)

The French Competition Authority imposes a € 3.8 million fine on a transport association for market sharing (Astre)
Van Bael & Bellis (Brussels)
Belgium 367 contributions 78957 visits
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 Canadian Competition Bureau takes steps against misleading representations in online sales of airline tickets (FlightHub)
Commonwealth Secretariat (London)
United Kingdom 34 contributions 14813 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 that (...)

The Spanish Competition and Markets Authority opens formal investigation into 14 companies active in film distribution following concerns over potential anticompetitive practices (Film Distribution)
Gómez-Acebo & Pombo (Brussels)
Belgium 45 contributions 17486 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 50 contributions 21561 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 44 contributions 17395 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 harmonise (...)

The Mexican Competition Authority presents 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 80 contributions 14924 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)
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 203 contributions 40807 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 Markets (...)

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 23 contributions 2588 visits
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Bird & Bird (Amsterdam)
Netherlands 31 contributions 4260 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 escalators-cartel (...)

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 8 contributions 7623 visits
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Linklaters (Hong Kong)
Hong Kong 1 contribution 40 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 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 101 contributions 25214 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 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 29 contributions 2415 visits
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Bird & Bird (Copenhagen)
Denmark 22 contributions 1292 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 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 26 contributions 3758 visits
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Ashurst (London)
Royaume-Uni 9 contributions 2361 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 to its distribution network (Stihl)
Ashurst (Paris)
France 36 contributions 39724 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 appeal, (...)

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 2179 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 in (...)

The Belgian Competition Authority fines €225,000 the national Order of Pharmacists for limiting the ability of pharmacists to advertise para-pharmaceutical products online (Ordre des Pharmaciens)
Bird & Bird (Brussels)
Belgium 28 contributions 1475 visits
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Bird & Bird (Brussels)
Belgium 41 contributions 7170 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 Belgian Competition Authority fines the national pharmacists Order for taking disciplinary measures limiting the ability to advertise and apply rebates to pharmaceutical products (Order of Pharmacists)
Ashurst (Brussels)
Belgium 4 contributions 220 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 Brazilian CADE recommends closing an administrative inquiry which investigates potential anticompetitive conducts in the transmission of sensitive information among competitors in the payment market
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
1 contribution 156 visites
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Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
Brésil 8 contributions 2307 visites
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 233 visites
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Redcliffe Partners (Kyiv)
Ukraine 7 contributions 7702 visits
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 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 611 contributions 246398 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 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)
Australie 20 contributions 1568 visites
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Bird & Bird (Sydney)
Australie 26 contributions 1944 visites
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 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 (Paris)
France 348 contributions 412725 visits
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Ashurst (Paris)
France 36 contributions 39724 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)
1 contribution 53 visites
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Ropes & Gray (New York)
États-Unis 2 contributions 80 visites
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Ropes & Gray (New York)
États-Unis 2 contributions 80 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. This (...)

The UK Competition Authority issues a statement of objections to three pharmaceutical companies over pay-for-delay agreements (Aspen / Amilco / Tiofarma)
Bird & Bird (Amsterdam)
Netherlands 31 contributions 4260 visits
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Bird & Bird (London)
United Kingdom 26 contributions 1646 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, pharmaceutical (...)

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
Bird & Bird (Brussels)
Belgium 28 contributions 1475 visits
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Bird & Bird (Brussels)
Belgium 41 contributions 7170 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 Australian Competition Authority starts applying an updated cartel immunity policy which requires higher level of cooperation for leniency and introduces a new online portal for whistleblowers
King & Wood Mallesons (Sydney)
Australia 11 contributions 1135 visits
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King & Wood Mallesons (Sydney)
Australie 1 contribution 23 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 said (...)

The Belgian Competition Authority issues a guide on the exchange of information in the framework of professional association
Belgian Competition Authority (Brussels)
Belgium 59 contributions 13714 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 Supreme Court sheds light on the issue of penalties to directors in price fixing case (FENIN)
Callol, Coca & Asociados (Madrid)
Spain 127 contributions 35928 visits
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Callol, Coca & Asociados (Madrid)
Spain 23 contributions 1759 visits
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Callol, Coca & Asociados (Madrid)
Spain 64 contributions 19568 visits
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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 Spanish Competition and Markets Authority fines companies for participating in a cartel in the industrial assembly and maintenance sector (Montaje Y Mantenimiento Industrial)
Gómez-Acebo & Pombo (Brussels)
Belgium 45 contributions 17486 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 50 contributions 21561 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 44 contributions 17395 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 (...)

Unilateral Practices

 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)
Mexico 1 contribution 391 visits
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Baker Mckenzie (Mexico)
Mexico 1 contribution 391 visits
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 Administrative Court of Ankara annuls a decision of the Competition Authority in the electronic communication sector due to the incomplete examination (Dogan / Cisco)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 107 contributions 36634 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 10 contributions 3504 visits
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)
Nortons (Johannesburg)
3 contributions 2432 visites
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 decision which fined a company for abusing its dominant position in the electricity market (Enel)
Bird & Bird (Rome)
Italy 16 contributions 1718 visits
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Bird & Bird (Rome)
Italy 23 contributions 2038 visits
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 dominant (...)

The EU Commission imposes interim measures on a technology company suspected to have abused its dominance in the TV and modem chipset markets (Broadcom)
DG COMP (Brussels)
Belgium 769 contributions 1660678 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 company for abuse of dominance in the TV and modem chipset markets (Broadcom)
Van Bael & Bellis (Brussels)
Belgium 189 contributions 56968 visits
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 a company for abuse of dominance in the TV and modem chipset markets (Broadcom)
Gómez-Acebo & Pombo (Brussels)
Belgium 45 contributions 17486 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 50 contributions 21561 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 44 contributions 17395 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 end of investigation (Broadcom)
Baker Botts (Brussels)
Belgium 25 contributions 42779 visits
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Baker Botts (Brussels)
Belgique 1 contribution 66 visites
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 109 contributions 49759 visits
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McDermott Will & Emery (Brussels)
Belgique 47 contributions 90682 visites
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 to a chipmaker suspected of having put in place contractual restrictions to exclude its competitors from the market (Broadcom)
Orrick, Herrington & Sutcliffe (Paris)
France 1 contribution 51 visites
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Orrick, Herrington & Sutcliffe (Paris)
France 13 contributions 24261 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, which (...)

The EU Commission imposes interim measures to a technology leader company in the design, development and supply of a range of semiconductor sector (Broadcom)
Bird & Bird (Brussels)
Belgium 41 contributions 7170 visits
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Bird & Bird (Brussels)
Belgium 28 contributions 1475 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)
Ashurst (Brussels)
Belgium 13 contributions 25390 visits
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Ashurst (Brussels)
Belgium 26 contributions 3758 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 Cypriot Competition Authority issues a decision imposing a fine of €33,843.81 on a local authority for pricing its water supply services for livestock productions excessively (Community Council of Kokkinotrimithia)
Stephanie Theodotou Lawyer (Cyprus)
9 contributions 1157 visits
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Trojan Economics (Nicosia)
10 contributions 1209 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 amended (...)

The German Federal Court rules on ad-blocking software, the market definition and the potential competitive concerns (Ad Blocker III)
Bird & Bird (Dusseldorf)
Germany 19 contributions 1098 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)
Giannino SI (Monserrato)
Italy 141 contributions 120804 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 15 contributions 1042 visits
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Bird & Bird (Warsaw)
Poland 15 contributions 1042 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 (...)

Mergers

 The Turkish Competition Authority unconditionally approves an acquisition concluding that the parties, both controlled by state authorities of the People’s Republic of China, constitute separate entities (Tsinghua Tongfang / CNNC Capital)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 107 contributions 36634 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 19 contributions 2452 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 parties, both (...)

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 107 contributions 36634 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 21 contributions 3106 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 (“ Target (...)

The Indian Competition Authority clears acquisition by automobile manufacturers of small shareholdings in a ride-sharing company (ANI / OLA)
Shardul Amarchand Mangaldas (New Delhi)
Inde 39 contributions 9251 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 42 contributions 9883 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 45 contributions 10551 visites
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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 611 contributions 246398 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 within (...)

The French Competition Authority clears a merger in the healthcare sector without remedies (Vivalto Santé / Mathilde Médical Développement)
French Competition Authority (Paris)
France 611 contributions 246398 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 within (...)

The EU Commission opens in-depth investigation relating a merger in the global cruise shipbuilding market (Chantiers de l’Atlantique / Fincantieri)
DG COMP (Brussels)
Belgium 769 contributions 1660678 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 (...)

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 4013 contributions 836185 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, which (...)

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)
Belgique 226 contributions 62261 visites
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 611 contributions 246398 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 penalty (...)

The Austrian Cartel Court fines a company for gun-jumping in the investment market (Eurazeo)
Austrian Competition Authority (Vienna)
Austria 15 contributions 1973 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 2018 (...)

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 15 contributions 1973 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 611 contributions 246398 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 Soditroy (...)

The French Competition Authority clears a merger in the energy efficiency sector (Économie d’Énergie / La Poste)
French Competition Authority (Paris)
France 611 contributions 246398 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, resulting in (...)

The Spanish Competition and Markets Authority fines company for for a merger commitment breach (Telefonica)
Gómez-Acebo & Pombo (Brussels)
Belgium 45 contributions 17486 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 50 contributions 21561 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 44 contributions 17395 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 72 contributions 48152 visits
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Herbert Smith Freehills (London)
United Kingdom 27 contributions 3014 visits
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Herbert Smith Freehills (London)
United Kingdom 30 contributions 7253 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 (...)

The French Competition Authority launches its online notification procedure for certain mergers
French Competition Authority (Paris)
France 611 contributions 246398 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 simplify (...)

The UK Competition and Markets Authority fines a company for failure to comply with document requests (Sabre / Farelogix)
Van Bael & Bellis (Brussels)
Belgique 226 contributions 62261 visites
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. Section 109 (...)

The French Competition Authority opens an in-depth investigation relating to a merger in the diagnosis and hospital care market (Elsan / HSM)
French Competition Authority (Paris)
France 611 contributions 246398 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 markets in (...)

The UK Competition Authority orders a divesture and blocks a merger in the cleaning chemicals sector (Ecolab / Holchem)
Van Bael & Bellis (Brussels)
Belgique 226 contributions 62261 visites
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, which (...)

The German Competition Authority clears a merger in the food wholesale market (Rewe / Lekkerland)
German Competition Authority (Bonn)
Germany 326 contributions 67408 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 of (...)

The EU Commission opens an in-depth investigation relating to a proposed joint venture by aircraft manufacturers (Boeing / Embraer)
DG COMP (Brussels)
Belgium 769 contributions 1660678 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 Regulation. (...)

The EU Commission clears a merger, subject to remedies, in the production of aluminium automotive body sheets market (Novelis / Aleris)
DG COMP (Brussels)
Belgium 769 contributions 1660678 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)
DG COMP (Brussels)
Belgium 769 contributions 1660678 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 for (...)

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)
DG COMP (Brussels)
Belgium 769 contributions 1660678 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 to (...)

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)
DG COMP (Brussels)
Belgium 769 contributions 1660678 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 out (...)

The EU Commission opens an in-depth investigation to assess whether the plan by the Spanish region of Valencia to grant public support to regional airline company is in line with EU State aid rules (Air Nostrum)
DG COMP (Brussels)
Belgium 769 contributions 1660678 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 Nostrum (...)

The EU Commission approves under EU State aid rules the British Capacity Market scheme introduced in 2014 to safeguard security of electricity supply
DG COMP (Brussels)
Belgium 769 contributions 1660678 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 Commission (...)

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)
College of Europe (Bruges)
Belgium 277 contributions 40362 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 opens an investigation into proposed Hungarian public support for a plant in the battery cell production facility market (Samsung)
DG COMP (Brussels)
Belgium 769 contributions 1660678 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 battery (...)

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
DG COMP (Brussels)
Belgium 769 contributions 1660678 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 protection (...)

The Serbian National Assembly enacts a State aid control act
BDK (Podgorica)
Montenegro 16 contributions 576 visits
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BDK (Belgrade)
Serbie 2 contributions 45 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). The (...)

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)
Pérou 8 contributions 1542 visites
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 (The Hague)
Netherlands 134 contributions 18188 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 15 contributions 1114 visits
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Bird & Bird (London)
Royaume-Uni 4 contributions 114 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 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 EU Commission’s Executive Vice-president and EU Competition Chief
Bird & Bird (Brussels)
Belgium 41 contributions 7170 visits
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Bird & Bird (Belgium)
Belgium 3 contributions 144 visits
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 German Federal Ministry of Economic Affairs and Energy publishes a draft bill that partly serves to implement the ECN + directive
Bird & Bird (Dusseldorf)
Germany 19 contributions 1098 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 Belgian, Dutch and Luxembourg Competition Authorities advocate for an easier competition law enforcement in the digital world
Court of First Instance of Namur (Namur)
Belgium 224 contributions 40673 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 (...)

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