September 2016

General antitrust

 The Indian Competition Authority announces plans to recruit 24 Competition Resource Persons to promote competition awareness and advocacy
Vaish Associates Advocates (New Delhi)
India 263 contributions 43153 visits
CCI to appoint 24 Competition Resource Persons to promote competition awareness and advocacy* The CCI seeks to appoint 24 persons as Competition Resource Persons (CRP) to raise awareness and impart training in competition law. The CCI shall select individuals and non-government (...)

The EU Commission publishes a preliminary report on its e-commerce sector inquiry
Hausfeld (New York)
États-Unis 12 contributions 3013 visites
On September 15, 2016, the European Commission (“Commission”) published a Preliminary Report on its E-Commerce Sector Inquiry (“Preliminary Report”), presenting the outcome of over 1.800 responses received from manufacturers, retailers, e-commerce marketplaces, price comparison tools, payment (...)

The EU Commission publishes the initial findings of its e-commerce sector inquiry
White & Case (Brussels)
Belgique 35 contributions 13529 visites
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Hogan Lovells (Brussels)
Belgique 21 contributions 8946 visites
European Commission’s e-commerce sector inquiry - increasing anti-trust heat* Online sales are not only attracting the attention of consumers and tech businesses, but also increased review by antitrust regulators. On 15 September 2016, the European Commission published a detailed 290 page (...)

The EU Commission publishes initial findings of e-commerce sector inquiry report
Bydgoszcz University of Technology and Life Sciences (UOKIK)
Pologne 2 contributions 4200 visites
On 15 September 2016, the European Commission published a preliminary report on its initial findings in the e-commerce sector inquiry, aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. This development follows the Commission’s (...)

The EU Commission publishes a preliminary report in its e-commerce sector inquiry as a response to the rapid growth in online sales activity
Herbert Smith Freehills (Brussels)
Belgium 121 contributions 74183 visits
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Herbert Smith Freehills (London)
Royaume-Uni 14 contributions 3067 visites
Yesterday the Commission published the much anticipated preliminary report in its ecommerce sector inquiry. The report was initiated in response to rapid growth in online sales activity over recent years and signals renewed commitment on the part of the EU in enforcing the competition rules in (...)

The EU Commission publishes a preliminary report on its e-commerce sector inquiry and identifies a number of business practices believed to be restricting competition in online trade for consumer goods and digital content
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 1 contribution 106 visites
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Morrison & Foerster (London)
Royaume-Uni 4 contributions 2138 visites
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Freshfields Bruckhaus Deringer (London)
Royaume-Uni 12 contributions 2114 visites
On 15th September, the European Commission published the preliminary report on its e-commerce sector inquiry. The Commission has identified a number of business practices which it believes may restrict competition in online trade for consumer goods and digital content. It has warned of (...)

The EU Commission publishes its preliminary report on its e-commerce inquiry and opens a two months public consultation
Baker Botts (Brussels)
Belgique 28 contributions 21348 visites
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Baker Botts (Washington)
États-Unis 6 contributions 4260 visites
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Cleary Gottlieb Steen & Hamilton (Washington)
Belgique 8 contributions 3665 visites
Last week the European Commission (“Commission”) published its eagerly awaited preliminary report on the e-commerce sector inquiry (the “Report”) and opened a two-month public consultation on the Report. In this alert, we explain the background to the Report, the Commission’s main findings, (...)

Anticompetitive practices

 The French Competition Authority fines several modelling agencies for cartel (L’Agence)
French Competition Authority (Paris)
France 748 contributions 410062 visits
The Autorité fines for anticompetitive agreement the modelling sector’s main professional union and 37 modelling agencies* In brief The Autorité de la concurrence today issues a decision under which it fines the main professional union of modelling agencies, the SYNAM, for having, (...)

The US Court of Appeals for the Third Circuit offers misguided analysis of product hopping (Mayne / Warner Chilcott / Mylan)
Rutgers University (New Brunswick)
États-Unis 26 contributions 25722 visites
On September 28, 2016, the U.S. Court of Appeals for the Third Circuit issued a misguided ruling granting defendants’ motion for summary judgment and ignoring the regulatory framework relevant to “product hopping,” by which a drug company switches from one version of a drug to another, (...)

The EU Commission sends a statement of objections to an international sports association because of the possible incompatibility of its governance rules with competition law (International Skating Union)
Latham & Watkins (Brussels)
Belgique 12 contributions 4713 visites
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Liege Competition and Innovation Institute
Belgique 1 contribution 363 visites
International sport governing bodies and competition law - up to a ‘ban of banning’ for participation in unauthorised events organized by rival governing bodies. European Commission ready to set an example with the International Skaters Union? After opening a formal investigation into the (...)

The Austrian Supreme Court confirms that claimants may seek damages for cartel effects in the courts in the country in which they are domiciled but rejects the case because the claimant chose the wrong domestic court (RBS)
Schoenherr (Vienna)
Australie 14 contributions 384 visites
Brief summary of facts In 2016, XY filed its action against RBS seeking damages incurred due to higher interest payments because of an unlawful manipulation of the LIBOR. The interest rate of the claimant’s credit was fixed to the LIBOR. Due to these manipulations, the claimant supposedly (...)

The EU Commission challenges the governance rules of an international sports association as being incompatible with competition law (International Skating Union)
Queen Mary University of London
Espagne 3 contributions 1906 visites
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King’s College (London)
Royaume-Uni 13 contributions 9449 visites
Skating on thin ice: The European Commission challenges the governance rules of an international sports association as being incompatible with European antitrust rules* The recent announcement by the European Commission (“the Commission”) that it is actively looking into the compatibility (...)

The Dutch Competition Authority launches a market inquiry into online platforms
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36752 visits
Taking a closer look at online video platforms* The Netherlands Authority for Consumers and Markets (ACM) has launched a market study into online platforms that offer videos and movies. Think of YouTube and Facebook, but also Dutch platforms such as NL-ziet and Dumpert. "We will be taking (...)

The Indian Competition Authority dismisses allegations of bid-rigging against PVC vinyl flooring manufacturers (Responsive Industries / RMG Polyvinyl India / Premier Polyfilms)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43153 visits
Competition Commission of India (CCI) dismisses allegations of bid-rigging against in supply of PVC Vinyl flooring to railways* CCI by its order dated September 21, 2016 has dismissed allegation against manufacturers of PVC Vinyl flooring in relation to supply of “PVC Flooring (Vinyl) width (...)

The US Court of Appeals for the Second Circuit reverses a price-fixing cartel verdict against Chinese defendants on international comity grounds (In re Vitamin C Antitrust Litigation)
Cleary Gottlieb Steen & Hamilton (Rome)
Italie 9 contributions 3259 visites
Second Circuit reverses a price-fixing cartel verdict against Chinese defendants on international comity grounds* On 20 September 2016, the United States Court of Appeals for the Second Circuit (the “Appeals court”) in New York reversed a federal district court judgment in an antitrust (...)

The US Court of Appeals for the Second Circuit vacates a $147 million antitrust judgment on international comity grounds against a vitamin-C manufacturer who was legally required to set prices and reduce quantities abroad (In re Vitamin C Antitrust Litigation)
Freshfields Bruckhaus Deringer (Beijing)
Chine 17 contributions 18090 visites
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Freshfields Bruckhaus Deringer (Washington)
États-Unis 3 contributions 215 visites
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Freshfields Bruckhaus Deringer (Hong Kong)
Hong Kong 12 contributions 4137 visites
On September 20, in a landmark decision, the US Court of Appeals for the Second Circuit reversed a district court’s decision in In re: Vitamin C Antitrust Litigation on international comity grounds. In vacating a $147m antitrust judgment against Chinese vitamin C manufacturers, the Second (...)

The US Court of Appeals for the Second Circuit vacates and reverses an antitrust verdict in a historic first case for a Chinese government agency to appear as amicus in US court and inform the court of applicable Chinese law (In re Vitamin C Antitrust Litigation)
Baker McKenzie (Brussels)
Belgique 6 contributions 5042 visites
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Akerman (New York)
États-Unis 1 contribution 170 visites
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Baker McKenzie (Washington)
États-Unis 5 contributions 681 visites
The United States Court of Appeals for the Second Circuit (the Second Circuit) in New York has vacated and reversed a USD 147 million antitrust verdict against a Chinese vitamin C manufacturer and its holding company, ruling that the district court should have granted Defendants’ original (...)

The Canadian Court of Appeal Quebec allows an appeal and orders a retrial following the conviction of 3 individuals for conspiring to fix retail gasoline prices in the cities of Magog and Sherbrooke (Yves Gosselin / Linda Proulx / Michel Lagrandeur)
Manulife (Toronto)
Canada 2 contributions 25 visites
On September 9, 2016, the Quebec Court of Appeal (“QCCA”) issued its judgment in two gasoline price-fixing conspiracy cases. The cases were the product of the Competition Bureau’s (the “Bureau”) year-long investigation into the fixing of retail gasoline prices in the province of Quebec from (...)

The French Competition Authority carries out unannounced inspections on the market of manufacturing and distribution of sandwiches intended to food supermarkets
French Competition Authority (Paris)
France 748 contributions 410062 visits
The General Rapporteur of the Autorité de la concurrence states that unannounced inspections were carried out on September 15 in the sector of manufacturing and distribution of sandwiches intended to food supermarkets.* On September 15th, following authorisation from the liberty and custody (...)

The EU General Court confirms the EU Commission’s decision concerning its first pharma pay-for-delay case (Lundbeck)
European Commission - DG COMP (Brussels)
Belgium 1363 contributions 2935905 visits
Antitrust: Commission welcomes General Court judgments upholding its Lundbeck decision in first pharma pay-for-delay case Today the General Court upheld the Commission’s Lundbeck decision and ruled for the first time that pharma pay-for-delay agreements breach EU antitrust rules. In such (...)

The EU General Court hands down a judgment concerning an appeal brought by an undertaking and several generic companies against an EU Commission decision which found that the parties had breached Article 101 TFEU by agreeing to delay the market entry of a generic drug (Lundbeck)
Herbert Smith Freehills (London)
Royaume-Uni 3 contributions 1606 visites
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Herbert Smith Freehills (Brussels)
Belgium 121 contributions 74183 visits
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Simmons & Simmons (London)
Royaume-Uni 13 contributions 3222 visites
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On 8 September 2016 the General Court (GC) handed down its judgments in relation to the appeals brought by Lundbeck and a number of generic companies (Sun Pharma (Ranbaxy), Arrow, Generics UK, Merck and Xellia/Alpharma) against a European Commission (Commission) decision finding that the (...)

The EU General Court relies on secretly-recorded telephone conversations obtained in the context of unannounced inspections (North Sea Shrimps)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 95133 visits
Under Article 2 of Regulation 1/2003, the Commission has the burden of proving an infringement of Article 101 TFEU. In the present case, as evidence of the cartel infringement, the Commission relied on secretly-recorded telephone conversations, and the transcripts or notes made thereof, which (...)

The EU General Court confirms the Commission’s decision concerning its first pharma pay-for-delay case (Lundbeck)
University of East Anglia
Royaume-Uni 3 contributions 2033 visites
General Court’s pay for delay judgment in Lundbeck – some guidance, but worries remain*On 8 September, the General Court handed down its eagerly awaited decision in Lundbeck – the first ever European judgment concerning so-called pay for delay settlements. The Commission’s decision in this (...)

The Latvian Competition Authority fines medical equipment traders for bid-rigging (Optika&Dentika / KJ Serviss)
Latvian Competition Council (Riga)
Latvia 124 contributions 24596 visits
The CC fines Medical Equipment Traders for collusive Behaviour in Public Procurements* On 8 September, the Competition Council (the CC) fined two medical equipment traders SIA OPTIKA&DENTIKA and SIA KJ SERVISS for participating in a cartel agreement in four public procurements. Due to (...)

The Romanian Competition Council carries out unannounced inspections on the market of movies distribution to cinemas
Romanian Competition Council (Bucharest)
Romania 160 contributions 29421 visits
The Competition Council had carried out inspections within the investigation on movies distribution to cinemas* The Competition Council had carries out an unannounced inspection at Imedia Plus Group SA, company that operates www.cinemagia.ro. The inspection has been carried out within the (...)

The EU General Court rules on the legitimacy of settlement agreements in the pharmaceutical sector (Lundbeck)
Peters & Peters (London)
Royaume-Uni 1 contribution 391 visites
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Peters & Peters (London)
Royaume-Uni 1 contribution 391 visites
Lundbeck - Buying off the competition* On 8 September 2016, the ECJ handed down its judgment in the latest battle between pharmaceutical companies and competition authorities over “pay for delay” agreements. The appeal of H Lundbeck A/S and Lundbeck Ltd (together “Lundbeck”) against the (...)

The EU General Court confirms fines imposed on an undertaking and generic drug manufacturers for entering into anticompetitive pay-for-delay agreements (Lundbeck)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 20 contributions 7998 visites
GENERAL COURT OF THE EU CONFIRMS FINES IMPOSED ON LUNDBECK AND GENERIC DRUG MANUFACTURERS FOR ENTERING INTO PATENT SETTLEMENTS* On 8 September 2016, the General Court of the EU (GCEU) handed down five judgments upholding a decision by the Commission of 19 June 2013 imposing fines on (...)

The EU General Court upholds the EU Commission’s landmark patent settlement agreement decision (Lundbeck)
Sidley Austin (London)
Royaume-Uni 6 contributions 4514 visites
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Willkie Farr & Gallagher (London)
Royaume-Uni 3 contributions 396 visites
EU General Court upholds Commission’s landmark Patent Settlement Agreement decision* In a much-anticipated series of judgments, running to some 579 pages, the EU’s General Court on 8 September 2016 upheld a 2013 decision of the European Commission that imposed fines of almost €150 million on (...)

The EU General Court upholds the EU Commission’s fine of €150 million on undertakings for entering into reverse settlement agreements which delayed the entry of cheaper generic versions of a blockbuster antidepressant (Lundbeck)
Norton Rose Fulbright (Brussels)
Belgique 20 contributions 5684 visites
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McDermott Will & Emery (Paris)
France 136 contributions 68644 visits
EU COURT CONFIRMS EUROPEAN COMMISSION’S DECISION ON PAY-FOR-DELAY AGREEMENTS* On 8 September 2016, the General Court of the European Union upheld the European Commission’s decision in which the antitrust regulator imposed fines of approximately EUR 150 million on Lundbeck and a number of (...)

The Croatian Competition Authority accepts remedies proposed by a distributor of motor vehicle parts and accessories suspected to have concluded anticompetitive vertical agreements (Drezga)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19987 visits
CCA accepted committments by Drezga d.o.o.* The Croatian Competition Agency (CCA) opened the ex-officio infringement proceeding against the undertaking Drezga d.o.o., an authorised distributor for Husqvarna Group products, based on the fact that the contracts this undertaking concluded with (...)

The Romanian Competition Authority fines seven companies in the maritime pilotage and towage services market for prohibited agreements and abuse of dominance by incumbent national company (Canal Sea Services / CNAPM)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220477 visits
Competition Council applies fines on seven companies active in the Romanian maritime harbours* The Competition Council finalised the investigation on the markets for pilotage and towage services and found an infringement of Article 101 TFEU and Article 5(1) of the Competition Law by Canal (...)

The Australian government proposes a competition law amendment enabling notification for resale price maintenance
Jones Day (Sydney)
Australie 5 contributions 12833 visites
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Jones Day (Sydney)
Australie 10 contributions 2169 visites
Australia experiments with a "third way" on resale price restrictions* Resale price maintenance (RPM) occurs when a manufacture or distributor and a wholesaler prevents a retail or distributor from selling below a specified price Since the US Federal Courts decided Leegin in 2007 there has (...)

The Australian government publishes exposure draft with key changes to unilateral conduct and concerted conduct
University of New South Wales (Sydney)
Australie 1 contribution 136 visites
Competition law reform in Australia* Professor Ian Harper chaired a “root and branch” inquiry into competition law and policy in Australia in 2015. The Harper Review made a number of recommendations and the government welcomed most of these. In August 2016, Treasury issued an exposure draft (...)

The Polish Competition Authority fines infertility treatment providers for price-fixing (Polish Centres of Infertility Treatment and Reproduction Development)
Allegro (Warsaw)
Pologne 6 contributions 2675 visites
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WKB Wierciński Kwieciński Baehr (Warsaw)
Pologne 19 contributions 6774 visites
In its decision dated 1 September 2016, the President of the Office of Competition and Consumer Protection (hereinafter the “OCCP President”) fined the Association of Polish Centres of Infertility Treatment and Reproduction Development (hereinafter the “Association”) for fixing prices of (...)

The Polish Competition Authority fines a professional association for anticompetitive conduct aimed at the governmental treatment of infertility programs (Polish Centers of Infertility Treatment and Reproduction Development)
Hansberry Tomkiel (Warsaw)
Pologne 6 contributions 1182 visites
I. Introductory remarks In its decision no RŁO 4/2016 of 1st September 2016 (the “Decision”), the Polish Office for Competition and Consumer Protection (the “Competition Authority”) sanctioned the Association of Polish Centers of Infertility Treatment and Reproduction Development (the (...)

Unilateral Practices

 The Latvian Competition Authority fines two plasterboard suppliers for abuse of dominance (Knauf / Norgips)
Latvian Competition Council (Riga)
Latvia 124 contributions 24596 visits
The CC fines with EUR 1.6 million two Plasterboard Suppliers of Knauf Group* On 30 September, the Competition Council of Latvia (the CC) fined SIA Knauf and Norgips sp. z o. o. (Poland), a parent company of SIA Norgips that is also a part of a Knauf Group, for abusing their market power by (...)

The Italian Competition Authority fines €5 million a company for excessive pricing abuses in the pharmaceuticals sector (Aspen)
Portolano Cavallo (Milan)
Italie 63 contributions 10385 visites
On 29 September 2016, the Italian Competition Authority (the AGCM or ICA) fined the Aspen Group (Aspen) €5m for a violation of article 102(a) of the Treaty on the Functioning of the European Union. The ICA upheld in particular that the manner and level at which Aspen renegotiated prices for a (...)

The Indian Competition Appellate Tribunal sends a case back to the Indian Competition Authority for reconsideration of the investigation’s findings (Jaypee Greens)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43153 visits
Competition Appellate Tribunal (COMPAT) set-aside CCI decision exonerating Jaypee Group for abuse of dominance and remands the matter back for re-consideration* COMPAT by its order dated September 28, 2016 has set-aside the order of CCI in which the CCI exonerated Jaypee Group from (...)

The US Court of Appeals for the Third Circuit recognizes that a product hopping in the face of a “patent cliff” can constitute conduct in violation of the antitrust laws (Mayne / Warner Chilcott / Mylan)
Hausfeld (Philadelphia)
États-Unis 3 contributions 288 visites
The Third Circuit’s recent product-hopping decision in Mylan Pharm. Inc. v. Warner Chilcott Pub. Ltd. Co (“Doryx”) has been widely criticized by commentators as breaking with established antitrust precedent. Mylan, the last remaining plaintiff in the case following a series of settlements at (...)

The EU Commission sends a statement of objections to an international sports association suspected to have breached EU antitrust rules (International Skating Union)
European Commission - DG COMP (Brussels)
Belgium 1363 contributions 2935905 visits
Antitrust: Commission sends Statement of Objections to International Skating Union on its eligibility rules* The European Commission has informed the International Skating Union (ISU) of its preliminary view that the ISU rules under which athletes face severe penalties for participation in (...)

The EU Commission fines a company specialized in the waste management for abuse of dominance (ARA)
European Commission - DG COMP (Brussels)
Belgium 1363 contributions 2935905 visits
Antitrust: Commission fines ARA €6 million for hindering competition on Austrian waste management market* The Commission has fined Altstoff Recycling Austria (ARA) €6 million for blocking competitors from entering the Austrian market for management of household packaging waste from 2008 to (...)

The EU Commission fines undertakings for abuse of dominance on the Austrian waste management market (Altstoff Recycling Austria)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 67082 visits
On 20 September 2016, the European Commission announced that it had imposed a € 6 million fine on Altstoff Recycling Austria (“ARA”) for abusing its dominant position on the Austrian waste management market by blocking competitors from entering the Austrian market between 2008 and 2012. (...)

The EU General Court upholds the Commission’s decision making legally binding commitments remedying a finding of an abuse of dominance in the market for consolidated real-time data feeds (Morningstar / Thomson Reuters)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 67082 visits
On 15 September 2016, the General Court upheld the Commission’s decision accepting commitments proposed by Thomson Reuters with a view to remedying a finding of an abuse of a dominant position in the market for consolidated real-time data feeds, in breach of Article 102 TFEU. The Commission (...)

The Croatian Competition Authority accepts remedies proposed by a company suspected of abuse of dominance on the funeral services market (Flora)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19987 visits
CCA accepts commitments by Flora VTC* The Croatian Competition Agency (CCA) accepted the commitments offered by Flora VTC in the course of the ex-officio proceeding that it opened against this undertaking in April 2016. The CCA established within the proceeding that on the basis of the (...)

The Italian Competition Authority, in collaboration with 9 National Competition Authorities and the EU Commission, monitors the impact of the measures undertaken in the online hotel booking sector
Italian Competition Authority (Rome)
Italy 72 contributions 19272 visits
Monitoring launched in online hotel booking sector* Monitoring the impact of the new parity clauses in the contracts with online travel agencies by the Italian Competition Authority in partnership with 9 other National Competition Authorities The Italian Competition Authority (AGCM), in (...)

Mergers

 The Canadian Competition Authority releases updated consent agreement template for merger remedy negotiation
Fasken Martineau DuMoulin (Toronto)
Canada 26 contributions 624 visites
On September 29, 2016, the Competition Bureau (the “Bureau”) released a revised consent agreement template for merger remedy negotiations. The release of the Bureau’s updated template is timely, as the number of consent agreements registered with the Competition Tribunal (the “Tribunal”) have (...)

The EU Commission opens an in-depth investigation concerning a merger on financial markets (Deutsche Börse / London Stock Exchange)
European Commission - DG COMP (Brussels)
Belgium 1363 contributions 2935905 visits
Mergers: Commission opens in-depth investigation into proposed Deutsche Börse/LSE merger* The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, whether the proposed merger between Deutsche Börse AG (DB) and London Stock Exchange Group (LSE) (...)

The French Competition Authority clears a merger in the line products and travel services markets (Bazarchic / Galeries Lafayette)
French Competition Authority (Paris)
France 748 contributions 410062 visits
THE AUTORITÉ DE LA CONCURRENCE CLEARS THE ACQUISITION OF THE BAZARCHIC BY THE GALERIES LAFAYETTE GROUP* The Galeries Lafayette group notified the Autorité de la Concurrence on 27 September 2016 of its intention to acquire the Bazarchic Company. After considering the transaction’s effects on (...)

The Turkish Competition Authority grants unconditional approval to a merger between a producer and a distributor of paper (International Paper Company / Weyerhaeuser)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84122 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 11 contributions 2849 visites
This case note analyses the Turkish Competition Board’s (“ Board ”) International Paper Company / Weyerhaeuser decision of 23 September 2016 numbered 16-31/519-233 on the transaction concerning the acquisition of Weyerhaeuser Company’s paper pulp business unit (“ WHPP ”) through the transfer (...)

The EU Commission clears a merger in the energy market (Vattenfall / EPH / PPF Investments)
European Commission - DG COMP (Brussels)
Belgium 1363 contributions 2935905 visits
MERGERS: COMMISSION CLEARS ACQUISITION OF VATTENFALL EUROPE GENERATION AND VATTENFALL EUROPE MINING BY EPH AND PPF INVESTMENTS* The European Commission has cleared the proposed acquisition of Vattenfall Europe Generation and Vattenfall Europe Mining by Energetický a Průmyslový Holding (EPH) (...)

The French Competition Authority clears a merger, subject to remedies, in the agriculture sector (Agri-Négoce / Axéréal Participations)
French Competition Authority (Paris)
France 748 contributions 410062 visits
The Autorité de la concurrence clears the acquisition of sole control of Agri-Négoce by Axéréal Participations, subject to commitments* On 21 April 2016, the company Axéréal Participations, subsidy of the farming cooperative Axéréal, notified the Autorité de la concurrence of the (...)

The UK Competition Authority accepts remedies proposed by a supplier of fruit juice and clears the merger (Hain / Orchard)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101524 visits
CMA accepts fruit juice merger remedies* The CMA has accepted Hain’s undertaking to sell its own-label fruit juice business to an approved buyer. Hain Frozen Foods UK Ltd (Hain) bought Orchard House Foods Ltd (Orchard) in December 2015. Both are major suppliers of own-label freshly (...)

The EU Commission opens an in-depth investigation regarding a merger in the market of railway equipment manufacturing (Wabtec / Faiveley)
European Commission - DG COMP (Brussels)
Belgium 1363 contributions 2935905 visits
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO WABTEC’S PROPOSED TAKEOVER OF RAILWAT EQUIPMENT MANUFACTURER FAIVELEY* The European Commission has opened an in-depth investigation to assess whether the proposed acquisition of Faiveley Transport of France by Westinghouse Air Brake (...)

The Latvian Supreme Court upholds the Competition Authority’s refusal to examine a third party complaint over an alleged illegal merger (BMS / Sanitex / P&G)
Cobalt Legal (Riga)
Latvia 26 contributions 43852 visits
The Latvian Supreme Court has upheld Competition Council’s refusal to examine a third party complaint that an alleged concentration of two other undertakings should have been notified and therefore is illegal due to absence of clearance. A complaint was filed by BMS-Baltijas Marketing (...)

The UK Competition Authority accepts merger remedies proposed by a leading global interdealer broker (Tullett Prebon)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101524 visits
CMA ACCEPTS BROKER MERGER UNDERTAKINGS* The CMA has accepted undertakings from Tullett Prebon and will not refer its merger with IGBB for an in-depth investigation. Tullett Prebon plc and ICAP plc are leading global interdealer brokers, companies that sit between investment banks helping (...)

The Hellenic Competition Authority approves mergers in the chemical and plastic products market (Ravago / DELTA / Pentaplast)
Kyriakides Georgopoulos (Athens)
Grèce 62 contributions 2504 visites
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Zepos & Yannopoulos (Athens)
Grèce 28 contributions 1010 visites
RAVAGO acquisitions of DELTA CHEMICALS and PENTAPLAST (HCC 629/2016 and 634/2016) RAVAGO is a Luxembourg-based company active in the market for the distribution of chemical and plastic products. Its Greek clientele is active in the car, electric devices, wire, cable, and packaging (...)

The German Competition Authority clears a merger between two savings banks in Bavaria (Ingolstadt / Eichstätt)
German Competition Authority (Bonn)
Germany 458 contributions 116804 visits
Bundeskartellamt clears merger of savings banks in Bavaria* Today the Bundeskartellamt has cleared the merger between the savings banks Sparkasse Ingolstadt and Sparkasse Eichstätt. Andreas Mundt, President of the Bundeskartellamt: "Under the law of the federal state of Bavaria savings (...)

The French Competition Authority clears a merger subject to remedies in the airports market (Aéroports de Lyon / Vinci Airports)
French Competition Authority (Paris)
France 748 contributions 410062 visits
THE AUTORITÉ DE LA CONCURRENCE CLEARS THE ACQUISITION OF AÉROPORTS DE LYON BY VINCI AIRPORTS, SUBJECT TO COMMITMENTS* On 6 September 2016, Vinci Airports, a subsidiary of the Vinci group, notified the Autorité de la concurrence of its acquisition of sole control of Aéroports de Lyon, the (...)

The EU Commission conditionally clears a merger in the Italian telecommunications market (Hutchison / VimpelCom)
European Commission - DG COMP (Brussels)
Belgium 1363 contributions 2935905 visits
Mergers: Commission approves Hutchison/VimpelCom joint venture in Italy, subject to conditions* The European Commission has approved under the EU Merger Regulation a proposed telecommunications joint venture between Hutchison and VimpelCom in Italy. The approval is conditional on the (...)

The EU Commission approves a joint venture between the third and fourth-largest telecom operators in Italy subject to structural remedies (Hutchison / VimpelCom)
Cleary Gottlieb Steen & Hamilton (Rome)
Italie 9 contributions 3259 visites
European Commission approves a joint venture between the third and fourth largest telecom operators in Italy subject to structural remedies* On 1 September 2016 the European Commission approved a proposed joint venture between Vimpelcom and CK Hutchison, respectively the owners of Wind and (...)

State Aid

 The EU Commission finds that a Lithuanian measure intended to transfer state-owned buildings to science and technology parks does not constitute State aid (Science and Technology Parks)
Maastricht University (Maastricht)
Belgium 357 contributions 66987 visits
State Aid for R&D: How Intermediaries Pass on Aid to Third Parties* Operators of research infrastructure do not benefit from State aid, if they fully pass on the aid to the users of the infrastructure. The amount of aid must be quantified. Introduction The beneficiaries of State aid (...)

The EU Commission finds that a direct grant of regional investment aid given to a German textile company was made in accordance with the Regional Block Exemption Regulation (Getzner Textil Weberei GmbH)
Maastricht University (Maastricht)
Belgium 357 contributions 66987 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission opens an in-depth investigation concerning undue tax benefits potentially granted by Luxembourg to an energy provider (Engie)
European Commission - DG COMP (Brussels)
Belgium 1363 contributions 2935905 visits
State aid: Commission opens in-depth investigation into Luxembourg’s tax treatment of GDF Suez (now Engie)* The European Commission has opened an in-depth investigation into Luxembourg’s tax treatment of the GDF Suez group (now Engie). The Commission has concerns that several tax rulings (...)

The EU General Court shows a reluctance to interfere with Commission powers in State aid cases (Ferracci) (Montessori)
University of Sussex
United Kingdom 5 contributions 3828 visits
Article 263(4) TFEU: Third party challenges to State aid decisions* The recent Ferracci and Montessori judgments of the General Court show that even when aggrieved third parties are able to satisfy the strict standing provisions to challenge European Commission decisions, the European Courts (...)

The EU General Court finds that the asset transfer between two companies constituted a State aid and is compatible with the internal market on certain condition (FIH)
Maastricht University (Maastricht)
Belgium 357 contributions 66987 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court hands down a controversial judgment expanding market economy investor principle in a financial crisis case (FIH)
University of Bergen
Norvège 2 contributions 444 visites
A controversial expansion of the MEIP in a financial crisis case - the GC judgment in Case T-386/14 FIH of 15 September 2016 (under appeal)* Introductory remarks Following such landmark cases as Ryanair, EDF and ING, one may observe a truly impressive expansion and development of the (...)

Procedures

 The EU Court of Justice accepts the use of "sure refund" good conduct guarantees in public procurement litigation (Star Storage)
University of Bristol - Law School
Royaume-Uni 92 contributions 25707 visites
ECJ deviates from AG Sharpston’s opinion and accepts use of "sure refund" good conduct guarantees in public procurement litigation (C-439/14 and C-488/14)* In its Judgment of 15 September 2016 in Star Storage, joined cases C-439/14 and C-488/14, EU:C:2016:688, the European Court of Justice (...)

The EU General Court confirms that the EU Commission may rely on recordings seized unlawfully by a third party in a dawn raid (Heiploeg)
Norton Rose Fulbright (Brussels)
Belgique 38 contributions 7493 visites
GENERAL COURT CONFIRMS THAT THE COMMISSION MAY RELY ON LAWFULLY SEIZED RECORDINGS EVEN IF MADE UNLAWFULLY BY A THIRD PARTY* On 8 September 2016 the General Court (“GC”) dismissed Heiploeg’s appeal against the European Commission’s (“Commission”) decision in Shrimps (AT.39633) and confirmed (...)

Regulatory

 The EU Court of Justice confirms that procurement rules do not apply to licenses or authorizations for betting and gambling services (Politanò)
University of Bristol - Law School
Royaume-Uni 92 contributions 25707 visites
ECJ confirms that procurement rules do not apply to licences or authorisations ("concessions") for betting and gambling services (C-225/15)* In its Judgment of 8 September 2016 in Politanò, C-225/15, EU:C:2016:645, the European Court of Justice (ECJ) followed the Opinion of Advocate General (...)

The UK Competition Authority issues its final report on private healthcare
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101524 visits
CMA publishes final report on private healthcare remittal* The CMA has decided, following new evidence, that extra remedies in London’s private healthcare market would not be proportionate. The Competition Commission, a predecessor body of the Competition and Markets Authority (CMA), (...)