September 2018

General antitrust

Anticompetitive practices

 The EU Commission invites stakeholders to comment on the legal framework exempting liner shipping consortia from EU antitrust rules
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
Antitrust: Commission invites comments on future regime for liner shipping consortia* The European Commission is inviting comments on the legal framework exempting liner shipping consortia from EU antitrust rules that prohibit anticompetitive agreements between companies, known as the (...)

The Spanish Commercial Court in Murcia rules that even where it is established the defendant infringed competition law, the claimant must bring evidence of the damage suffered (Explotaciones Agrícolas BasolCase / Volvo Group España)
University of Barcelona
Espagne 5 contributions 121 visites
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DWF-RCD (Barcelona)
4 contributions 88 visites
Brief summary of facts The claimant argued that, because of the cartel of truck manufacturers, sanctioned by the European Commission in 2016, the price paid to the defendant for a truck was higher than it should have been. Brief summary of judgment Even if the defendant has infringed (...)

The German Higher Regional Court of Dusseldorf holds that decision of the Competition Authority are binding in regard to the legal and factual grounds, as well as in the executive element (Verkürzter Versorgungsweg)
Hogan Lovells (Munich)
Allemagne 65 contributions 25100 visites
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Hogan Lovells (Munich)
Germany 39 contributions 4350 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1351 visits
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Brief summary of facts Claimant brought an action for damages against the defendant based on a fining decision of the German Federal Cartel Office regarding the defendant’s practice to induce health insurance funds not to conclude contracts under the so-called shortened care path. The (...)

The French Supreme Court clarifies the applicable legal regime for breach of antitrust commitments (GIE)
Niddam-Drouas Avocats (Paris)
France 6 contributions 6430 visites
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Niddam-Drouas Avocats (Paris)
France 6 contributions 976 visites
In a judgment of 26 September 2018, the French Supreme Court ruled for the first time on a failure to comply with commitments undertaken before the French Competition Authority (FCA) to close antitrust proceedings. The French Supreme Court dismissed the appeal lodged by the economic interest (...)

The EU Court of Justice refers a case back to the General Court to reconsider the possibility of mitigating circumstances on the fine calculation (Infineon Technologies)
McDermott Will & Emery (Paris)
France 134 contributions 66025 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 7057 visits
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McDermott Will & Emery (Brussels)
Belgium 43 contributions 7571 visits
CJEU REFERS SMART CARD CHIPS CARTEL CASE BACK TO GCEU, DISMISSES PHILIPS APPEAL On 26 September 2018, the CJEU considered that the GCEU had not taken into account certain possibly mitigating circumstances—namely the relatively small number of Infineon’s unlawful contacts with other cartel (...)

The EU Court of Justice partly upholds the judgement of the EU General Court in a cartel case but sends it back to reexamine the calculation of the fine (Infineon Technologies)
Van Bael & Bellis (Brussels)
Belgique 386 contributions 92687 visites
On 26 September 2018, the Court of Justice of the European Union (“ECJ”) delivered two judgments on the appeals brought by Infineon and Philips against the General Court (“GC”)’s earlier judgments relating to the European Commission’s decision in Smart card chips cartel case. By way of (...)

The Dutch District Court of Rotterdam rules that a producer of bitumen, a material used in the construction of roads, is jointly and severally liable for cartel participation and that the alleged infringement is not time-barred (Van Gelder / Shell / Kuwait)
Jones Day (Amsterdam)
Pays-Bas 11 contributions 274 visites
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Jones Day (Amsterdam)
Pays-Bas 11 contributions 274 visites
Brief summary of facts In its Decision of 13 September 2006, the European Commission found that 8 suppliers of road construction bitumen and 6 main road manufacturers infringed the cartel prohibition. Van Gelder claimed that they suffered damage as a result of the cartel because they were (...)

The EU Commission addresses a statement of objections to a Slovak rail company for an alleged obstruction of an investigation (ZSSK)
Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 28560 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20604 visits
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European Commission - DG COMP (Brussels)
Belgium 45 contributions 20620 visits
In June 2016, the Commission dawn raided the premises of ZSSK, the Slovak incumbent rail operator. The dawn raids followed concerns that ZSSK may have entered into anticompetitive agreements with the aim of foreclosing the market of rail passenger transport to its competitors, in breach of (...)

The EU Commission sends a statement of objections to a railway company for obstruction during an inspection (ZSSK)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
Antitrust: Commission sends Statement of Objections to Slovak rail company ZSSK for obstruction during inspection* The European Commission has informed Slovak rail company ZSSK of its preliminary view that the company obstructed a Commission inspection by giving incorrect information and (...)

The French Competition Authority fines three companies for bid-rigging in the public lighting sector (Lapize de Sallée)
French Competition Authority (Paris)
France 743 contributions 395405 visits
Public lighting in Ardèche* The Autorité de la concurrence has fined a company in Ardèche for entering into agreements with competitors to secure public procurement contracts Following an investigation by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (...)

The French Competition Authority imposes a fine totalling €199K on a waste disposal company for increasing the prices charged on hospitals and clinics in Corsica (Sanicorse)
French Competition Authority (Paris)
France 743 contributions 395405 visits
Management of infectious medical waste generated by healthcare activities* The Autorité de la concurrence has fined the company Sanicorse for increasing abruptly, significantly, durably and in an unjustified manner the waste disposal prices it charged hospitals and clinics in Corsica. The (...)

The EU Commission announces that it is investigating an e-commerce platform’s use of third-party data as part of a wider probe into its business practices (Amazon)
Pinsent Masons (London)
United Kingdom 2 contributions 1919 visits
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Pinsent Masons (London)
Royaume-Uni 2 contributions 2418 visites
The European Commission (the EU’s antitrust regulator) has announced that it is investigating Amazon’s use of third-party data as part of a wider probe into its business practices. Many retailers use Amazon as a platform to sell their products and, in doing so, provide Amazon with sales (...)

The Turkish Competition Authority assesses resale price maintenance allegations and imposes an administrative monetary fine in the beauty care sector (Henkel)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 75786 visits
Introduction In its decision numbered 18-33/556-274 and dated 19.09.2018 (“Decision”) the Turkish Competition Board (“Board”) has evaluated the resale price maintenance allegations against Türk Henkel Kimya Sanayi ve Ticaret A.Ş. (“Henkel”). This Decision is of critical importance, since it (...)

The EU Commission opens in-depth investigation into possible collusion between German car manufacturers on clean emission technology (BMW / Daimler / VW)
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turquie 20 contributions 4473 visites
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ACTECON (Istanbul)
Turquie 23 contributions 3944 visites
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DPO Consultancy (‘s-Hertogenbosch)
Pays-Bas 4 contributions 673 visites
On 18 September 2018, the European Commission ("EC") opened a full-fledged investigation regarding the possible collusion between the German car manufacturers, BMW, Daimler, Volkswagen, Audi, and Porsche known as the "Circle of Five". It will be examined whether these manufacturers entered (...)

The EU Commission opens an investigation on possible collusion between automobile constructors on clean emission technology market (BMW / Daimler / VW)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
Antitrust: Commission opens formal investigation into possible collusion between BMW, Daimler and the VW group on clean emission technology* The European Commission has opened an in-depth investigation to assess whether BMW, Daimler and VW (Volkswagen, Audi, Porsche) colluded, in breach of (...)

The UK Competition Authority fines an airport for restricting competition on parking prices in a lease with the operator of a Terminal hotel (Heathrow / Arora)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95608 visits
Heathrow and Arora admit to anti-competitive car park agreement* Heathrow airport will pay a £1.6m fine for restricting competition on parking prices in a lease with the operator of a Terminal 5 hotel. The fine to be imposed by the Competition and Markets Authority (CMA), comes after its (...)

The Indian Competition Authority fines manufacturer associations for bid-rigging in a public procurement program for ethanol, ignoring market economics (ISMA Indian Sugar Mills Association / EMAI Ethanol Manufactures Association of India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42180 visits
CCI imposes penalty on Sugar mill manufacturers and Trade Associations (ISMA and EMAI) for collusive bidding in Government tender under the Ethanol Blending Programme* The Competition Commission of India (CCI/Commission) vide order dated September 18, 2018 has imposed heavy monetary (...)

The Portuguese Competition Authority sends a statement of objections to five railway maintenance companies and their directors and managers for alleged involvement in a cartel (Construções e Técnicas Ferroviárias / Indústrias Ferroviárias / Engenharia e Construção / Sociedade de Estudos e Construções / Engenharia e Obras Ferroviárias)
Portuguese Competition Authority (Lisbon)
Portugal 117 contributions 28872 visits
AdC issues Statement of Objections to 5 companies and 6 directors and managers for cartel in railway maintenance companies* The Portuguese Competition Authority (Autoridade da Concorrência - AdC) issued a Statement of Objections to railway maintenance companies of Mota-Engil, Comsa, Somague, (...)

The Danish Competition Authority Appeals Board finds the Competition Authority’s legal and economic evaluation of a roofing membrane case to be insufficient (Icopal / NWP / DTB / TOR)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35922 visits
Danish Competition Appeals Board remits a case regarding the Danish roofing membrane market to Danish Competition Council* The case concerns whether the only two Danish manufacturers of roofing membranes, Icopal Danmark ApS (“Icopal”) and Nordic Waterproofing A/S (“NWP”), as well as the two (...)

The French Supreme Court uses the EU Court of Justice framework to overturn a judgment issued in a cartel of endives producers (Endive cartel)
Niddam-Drouas Avocats (Paris)
France 6 contributions 976 visites
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Niddam-Drouas Avocats (Paris)
France 6 contributions 6430 visites
In the endive cartel case, the French Supreme Court (Cour de casssation) judgement issued 12 September 2018 analyses the relationship between competition law and EU agricultural rules. In its decision following a preliminary ruling issued by the European Court of Justice (ECJ), the Supreme (...)

The Vilnius Regional Administrative Court upholds the decision of the Lithuanian Competition Authority fining two undertakings for bid rigging in the market of radioactive scrap metal (Norvesta / Sypra)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20206 visits
PARTICIPANTS OF AUCTION BY IGNALINA NUCLEAR POWER PLANT DID NOT AVOID LIABILITY FOR CARTEL INFRINGEMENT* Vilnius Regional Administrative Court (Court) upheld the decision of the Lithuanian competition authority Konkurencijos taryba, according to which UAB Norvesta and the German company (...)

The Commercial Courts of Barcelona and Madrid render judgments in follow-on suits against a cartel in the envelopes market (Planeta / Misiones Salesianas / Bankoa...)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46229 visits
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Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 22032 visites
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Latham & Watkins (Brussels)
Belgium 24 contributions 3223 visits
Update on damages claims in Spain - paper envelope cartel damages recovery. Several rulings have been issued by Spanish lower courts shedding light on key aspects of antitrust damages claims, such as the treatment of evidence concerning the calculation of compensation for damages. Also the (...)

The Spanish Commercial Court of Barcelona declares that an envelope cartel caused damage to claimants by charging increased prices (Mutua Madrileña Automovilista / Sociedad de Seguros A Prima Fija / Tompla Industria Internacional del Sobre / Tompla Sobre Expres / Printeos / Maespa Manipulados...)
Clifford Chance (Madrid)
Espagne 11 contributions 253 visites
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Pérez-Llorca (Barcelona)
10 contributions 235 visites
Brief summary of facts Several producers and distributors of envelopes were fined by the Spanish competition authority for price fixing and customer allocation. The claimant has been Adveo and Tompla’s client for 5 years. It claims the overprice paid as a consequence of the infringement. (...)

The UK Competition Appeal Tribunal dismisses the appeal brought by a manufacturer of golf equipment on the liability of anticompetitive practices but permits a small reduction of the fine (Ping)
MemeryCrystal (London)
États-Unis 12 contributions 2976 visites
UK LANDMARK COMPETITION CASE CONDEMNS ABSOLUTE INTERNET SALE BAN AS A SERIOUS BREACH OF COMPETITION LAW* Introduction The Competition Appeal Tribunal (“CAT”) handed down its judgment on 7 September 2018 in relation to an appeal by Ping Europe Limited (“Ping”) challenging the decision of (...)

The UK Competition Appeal Tribunal upholds the decision of the Competition Authority fining a manufacturer of golf clubs for banning online retail of its products (Ping)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95608 visits
Win in Ping golf clubs case sends clear online retail signal* The Competition Appeal Tribunal has upheld the CMA’s decision that Ping Europe Ltd broke the law by banning the online sale of its golf clubs. This landmark case sends an important signal that attempts by manufacturers to impose (...)

The Spanish Commercial Court of Barcelona rules that an envelope cartel caused damage to the claimant (CIFDSA / Antalis Internacional / Envel Europa / Tompla Industria Internacional del Sobre / Tompla Sobre Expres / Printeos...)
Clifford Chance (Madrid)
Espagne 11 contributions 253 visites
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Pérez-Llorca (Barcelona)
10 contributions 235 visites
Brief summary of facts Several producers and distributors of envelopes were fined by the Spanish competition authority for price fixing and customer allocation. The claimant has been Envel and Tompla’s client between 2002 and 2010. It claims that the overprice paid was a consequence of the (...)

The German Competition Authority fines two publishers for concluding illegal territorial agreements (DuMont / Bonner General-Anzeiger)
German Competition Authority (Bonn)
Germany 447 contributions 113815 visits
DuMont media group fined for concluding territorial agreements with the Bonner General-Anzeiger media group* The Bundeskartellamt has imposed fines amounting to a total of 16 million euros on DuMont Mediengruppe GmbH & Co. KG, an individual responsible and a lawyer. The company is (...)

The Spanish Commercial Court of Barcelona determines that damage was caused to the claimant in a case against cartelists operating in the market for envelope manufacturing (Misiones Salesianas / Antalis Internacional / Envel Europa / Tompla Industria Internacional del Sobre / Tompla Sobre Expres / Printeos...)
Clifford Chance (Madrid)
Espagne 11 contributions 253 visites
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Pérez-Llorca (Barcelona)
10 contributions 235 visites
Brief summary of facts Several producers and distributors of envelopes were fined by the Spanish competition authority for price fixing and customer allocation. The claimant has been Envel and Group Tompla’s client between 1987 and 2009. It claims that the overprice paid was a consequence of (...)

The Hungarian Competition Authority reduces fines of companies sanctioned for bid-rigging in the radiology IT products market (GE Hungary / Silver Woo)
Hungarian Competition Authority (Budapest)
Hongrie 93 contributions 19130 visites
Substantial reduction of fine thanks to cooperation of the parties* The Hungarian Competition Authority (Gazdasági Versenyhivatal, hereinafter GVH) found that GE Hungary Kft. and Silver Wood – IT Kft. had committed a competition law infringement in the course of purchasing the radiology IT (...)

The Hellenic Competition Authority fines a margarine and butter products retailer for resale price maintenance (Minerva)
Hellenic Competition Commission (Athens)
Greece 127 contributions 17288 visits
Decision of the Hellenic Competition Commission (HCC) on ex officio investigation of the Directorate General of Competition for violations of Articles 1 and 2 of Law 703 / 1977-3959 / 2011 and Articles 101 and 102 TFEU by the company "MINERVA SA EDIBLE OILS ENTERPRISES" (MINERVA), regarding (...)

Unilateral Practices

 The Indian Competition Authority fines MRI manufacturer for abuse of dominance, with the Chairman dissenting due to different market definition that would conclude no dominance (House of Diagnostics / Esaote Asia Pacific)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42180 visits
CCI imposes penalty on Esaote SPA and its Indian subsidiary for abusing its dominant position in the sale of specialized MRI machines* The CCI vide its order dated September 27, 2018 has imposed a penalty of INR 9.33 lakhs on Esaote S.p.A and its Indian subsidiary, Esaote Asia Pacific (...)

The Italian Competition Authority fines the Italian Authors’ and Publishers’ Association for abuse of dominant position (SIAE)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 65834 visites
On 25 September 2018, the Italian Competition Authority (the “ICA”) imposed a symbolic fine of € 1,000 on the Italian Authors’ and Publishers’ Association (the “SIAE”) for abusing its dominant position. The SIAE is a collective management organisation under Directive 2014/26/EU on collective (...)

The Italian Competition Authority finds that a collecting society abused its dominance requiring exclusivity from both authors and licensees (SIAE)
University Bocconi - Department of Law (Milan)
Italie 2 contributions 98 visites
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Portolano Cavallo (Milan)
Italy 63 contributions 9841 visits
On 25 September 2018, the Autorità Garante della Concorrenza e del Mercato (Italian Competition Authority – AGCM) condemned the Società Italiana degli Autori ed Editori (Italian Society of Authors and Publishers –SIAE) to pay a symbolic fine of EUR 1 000 for abusing its dominant position in (...)

The Cypriot Competition Authority sends a statement of objection to a community council over possible excessive pricing on the market of water supply (Community Council of Kouklia)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8466 visits
The Commission for the Protection of Competition announces that it has notified a Statement of Objections to the Community Council of Kouklia regarding a prima facie infringement of Section 6(1)(a) of the Protection of Competition Laws of 2008 and 2014.* The Commission for the Protection of (...)

The French Competition Authority fines an undertaking for excessive pricing in the market of waste disposal for hospitals and clinics in Corsica (Sanicorse)
French Competition Authority (Paris)
France 743 contributions 395405 visits
Management of infectious medical waste generated by healthcare activities* The Autorité de la concurrence has fined the company Sanicorse for increasing abruptly, significantly, durably and in an unjustified manner the waste disposal prices it charged hospitals and clinics in Corsica. The (...)

The EU Commission looks into an online platform’s use of sales data (Amazon)
International Center for Law & Economics (Portland)
États-Unis 6 contributions 2722 visites
The Amazon investigation and Europe’s "Big Tech" Crusade* The dust has barely settled on the European Commission’s record-breaking €4.3 Billion Google Android fine, but already the European Commission is gearing up for its next high-profile case. Last month, Margrethe Vestager dropped a (...)

The EU Commission sends out formal requests for information to investigate allegations of anticompetitive conduct by a multinational online retailer (Amazon)
Hausfeld (Berlin)
Allemagne 9 contributions 2800 visites
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Hausfeld (Berlin)
Allemagne 7 contributions 1930 visites
In September 2018, the European Commission (“EC”) sent out formal requests for information (“RFIs”) to investigate allegations of an anticompetitive conduct by Amazon. The investigation relates to the interdependencies between Amazon’s third-party sales platform for retailers (“Amazon (...)

The Turkish Competition Authority follows the EU Commission’s footsteps in the search engines’ battles (Google)
ACTECON (Istanbul)
Turquie 27 contributions 9532 visites
The tech giant Google has been under the Turkish Competition Authority’s (“TCA”) scrutiny due to its practices in the market for licensable mobile operating systems and under the judicial review since July 2015. In September 2018, the TCA has finally released its short decision and imposed a (...)

The French Court of Appeal for Paris determines that a betting company pooling online and offline bets together is anticompetitive and harmed a rival that acted solely online (Betclic / Pari Mutuel Urbain)
Herbert Smith Freehills (Paris)
France 56 contributions 12582 visites
Brief summary of facts PMU, active in the horse and sports betting services as well as poker game services, holds a monopolistic position in France in the organisation of horse betting services in its brick-and-mortar network. PMU also offers online horse and sports betting services, as well (...)

The Romanian Competition Authority opens an investigation into alleged abuse of dominant position on the market of energy production and trading (Hidroelectrica)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27935 visits
The Competition Council investigates a possible abuse of dominant position of Hidroelectrica SA* The Competition Council opened an investigation concerning an alleged dominant possition of Hidroelectrica SA on the market of Romanian market energy production and trading. The Competition (...)

The Moldovan Competition Authority qualifies irregularities in the public procurement of sports equipment admitted by the local administration as an infringement of competition law (Chişinău Municipal Council)
University of Macau - Faculty of Law
China 284 contributions 224970 visits
On 6 September 2018, the Competition Council of the Republic of Moldova (CC) concluded that the Chişinău Municipal Council (CMC) has organized the procurement of certain sports equipment in violation of public procurement legislation, which led to the restriction of competition on the relevant (...)

The Belgian Competition Authority imposes interim measures on a manufacturer of lids for electricity meter boxes for possible abuse of dominance (ABB)
Belgian Competition Authority (Brussels)
Belgium 109 contributions 22886 visits
The Competition College of the BCA imposes interim measures on ABB Industrial Solutions regarding lids for electricity meter boxes* On 3 September 2018, the Competition College of the Belgian Competition Authority (BCA) imposed interim measures, at the request of TECO NV, on ABB Industrial (...)

The Portuguese Competition Authority issues a statement of objections to a company for abuse of dominance to the detriment of consumers in the electricity market (EDP Produção)
Portuguese Competition Authority (Lisbon)
Portugal 117 contributions 28872 visits
AdC issues Statement of Objections to EDP Produção for abuse of dominance to the detriment of consumers* The Portuguese Competition Authority (Autoridade da Concorrência – AdC) issued a Statement of Objections against EDP – Gestão da Produção de Energia, S.A. (EDP Produção) for abuse of (...)

Mergers

 Joint venture: The European Commission authorizes the creation of a joint venture by an airline undertaking and a manufacturer of aeronautical, aerospace and defence-security equipment (Boeing / Safran / JV)
ICC France (Paris)
France 37 contributions 9195 visits
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Hogan Lovells (Paris)
France 15 contributions 7924 visites
On 27 September 2018, the European Commission approved the creation of a joint-venture between Boeing and Safran. The joint-venture will design, manufacture and sell auxiliary power units (’APUs’), supply the spare parts associated with the APUs, and provide maintenance, repair and overhaul (...)

The Portuguese Competition Authority clears a merger subject to remedies in the liquefied petroleum gas market (Repsol / Rubis)
Portuguese Competition Authority (Lisbon)
Portugal 117 contributions 28872 visits
AdC clears the acquisition of Repsol’s LPG business in Madeira and Azores by Rubis, subject to conditions* The Portuguese Competition Authority (AdC) has accepted the divesture commitments brought forth by Rubis II Distribuição Portugal, and hence has approved Rubis’ acquisition of the (...)

The Massachusetts Health Policy Commission identifies significant competitive overlap in a proposed merger of several hospital systems as it would enhance the bargaining leverage with insurers (Beth Israel Lahey Health / Partners HealthCare)
Bates White (Washington)
United States 1 contribution 54 visits
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Bates White (Washington)
United States 1 contribution 54 visits
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Bates White (Washington)
United States 1 contribution 54 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. A STRONGER SECOND COMPETITOR? ANALYZING THE COMPETITIVE EFFECTS OF THE BETH ISRAEL LAHEY HEALTH TRANSACTION* I. BACKGROUND Could a merger between rival (...)

The US DoJ Assistant Attorney General announces merger investigations reforms seeking to resolve most merger investigation within six months of filing
McDermott Will & Emery (Washington)
United States 32 contributions 6563 visits
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McDermott Will & Emery (Washington)
United States 16 contributions 3415 visits
Today, Assistant Attorney General Makan Delrahim announced a series of reforms with the express goal to resolve most merger investigations within six months of filing. The reforms seek to place the burden of faster reviews not only on the Antitrust Division of the Department of Justice (DOJ), (...)

The Italian Competition Authority opens a second phase inquiry into a merger in the optical sector (Luxottica / Barberini)
Municipality of Cagliari
167 contributions 133274 visits
Pursuant to Article 16(4) of the Law no. 287/1990, the Italian Competition Authority (ICA) has decided to open a Second Phase investigation into a merger between two undertakings operating in the optical field where they manufacture, amongst other things, sunglasses and lenses for sunglasses. (...)

The UK Government publishes a technical notice on merger control and competition enforcement if there is no Brexit deal
ADNOC Group (Abu Dhabi)
United Kingdom 29 contributions 5384 visits
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Ashurst (London)
Royaume-Uni 34 contributions 16825 visites
Wondering what competition law in the UK might look like in a post-Brexit ’no deal’ scenario? On 13 September 2018, the UK government tried to shine some light on this area by publishing a technical notice on the provisions for merger control and competition enforcement if there is no Brexit (...)

The Irish Competition Authority clears a merger subject to remedies in the media sector (Reach / Northern / Shell Network)
Irish Competition Authority (Dublin)
Ireland 103 contributions 16162 visits
CCPC clears media merger subject to confidentiality commitments* Following an extensive two-phase investigation, the Competition and Consumer Protection Commission (CCPC) has cleared, subject to binding commitments, the acquisition by Reach Plc (Reach) (formerly Trinity Mirror Plc) of (...)

The Irish Competition Authority clears a merger in the media sector subject to a behavioural remedy of ring-fencing (Trinity Mirror / Northern & ShellOpens)
Matheson (Dublin)
Ireland 13 contributions 1407 visits
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An Post (Dublin)
10 contributions 747 visits
The Irish competition regulator has this week cleared a media merger, subject to a behavioural remedy of ‘ring-fencing’. However, the parties cannot complete the deal for some time yet, as a separate Irish media plurality process may only commence now such that the total length of the Irish (...)

The EU Commission clears a merger after an investigation into the potential anti-competitive effects resulting from a major data transfer in the digital music streaming sector (Apple / Shazam)
Baker Botts (Brussels)
Belgique 2 contributions 1161 visites
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Liège University
Belgique 2 contributions 837 visites
The European Commission has unconditionally cleared Apple’s EUR 400 million purchase of Shazam. Following an in-depth phase II investigation into the possible anti-competitive effects resulting from Apple getting access to Shazam’s data set, the Commission concluded that the proposed merged (...)

The EU Commission clears a merger in the market of music recognition for smartphones, tablets and PCs (Apple / Shazam)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
Mergers: Commission clears Apple’s acquisition of Shazam* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Shazam by Apple. The Commission concluded that the merger would not adversely affect competition in the European Economic Area or any (...)

The EU Commission clears the acquisition of a music recognition app by a Big Tech company that provides a digital music streaming service (Apple / Shazam)
Slaughter and May (Brussels)
Belgique 1 contribution 247 visites
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Slaughter and May (London)
Royaume-Uni 2 contributions 1153 visites
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European Commission - DG COMP (Brussels)
Belgique 1 contribution 247 visites
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Is Big Data a ‘friend’ or a ‘foe’ to consumers? Do the current EU merger control rules work for ‘Big Tech’ deals? The European Commission’s announcement that (...)

The Hellenic Competition Commission clears merger between two companies in the energy sector after concluding that the transaction does not raise competition concerns (Motor Oil / NRG Trading House)
Hellenic Competition Commission (Athens)
Greece 127 contributions 17288 visits
Clearance of the proposed acquisition by «Motor Oil (Hellas) Corinth Refineries S.A.» (MOH) of sole control over «NRG Trading House S.A.»* By virtue of a unanimous Decision, the Chamber of the Hellenic Competition Commission approved, under Greek merger control rules, the proposed (...)

The Brazilian Competition Authority requests the submission of a below-threshold transaction between two distributors of pharmaceutical supplies (All Chemistry / SM Empreendimentos)
Caminati Bueno Advogados (São Paulo)
Brésil 6 contributions 3483 visites
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Caminati Bueno Advogados (São Paulo)
Brésil 5 contributions 3315 visites
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Caminati Bueno Advogados (São Paulo)
Brésil 6 contributions 3483 visites
1. INTRODUCTION During the trial session of September 5, 2018, the Tribunal of the Brazilian Competition Authority (“CADE”) requested the submission of a transaction that did not trigger the mandatory notification thresholds.- In short, the transaction concerns the acquisition of All (...)

The Egyptian Competition Authority sends official notice and request of information to the two ride-hailing companies of Egypt (Uber / Careem)
Egyptian Competition Authority (Cairo)
Égypte 5 contributions 1597 visites
Attempted merger agreement between the two main competitors in the ridesharing market in Egypt, Uber Group and Careem Group
* Based on several reported information concerning an attempted merger agreement between the two main competitors in the ridesharing market in Egypt, Uber Group and (...)

State Aid

 The EU Commission approves under EU State Aid rules a €45 million investment aid of Hungary to a chemical company (BorsodChem)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
State aid: Commission approves Hungary’s €45 million investment aid to BorsodChem* The European Commission has found Hungary’s €45 million investment aid to chemical company BorsodChem Zrt to be in line with EU State aid rules. The aid will contribute to the development of the region of (...)

The EU Commission approves a €3.5B Belgian aid to three offshore windfarms under State aid rules (Mermaid / Seastar / Northwester2)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
State aid: Commission approves €3.5 billion support to three offshore windfarms in Belgium* The European Commission has found Belgian plans to support three offshore windfarm projects to be in line with EU State aid rules. The measure will further EU energy and climate goals without unduly (...)

The EU Court of Justice holds that public service obligations must be properly defined via an official act or an administrative decision (Castilla-la-Mancha State aid’s)
Maastricht University
Belgium 353 contributions 64279 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 Court of Justice assesses that an increase of 20% in a tax inseparably linked with a State aid measure has to be notified to the Commission (Carrefour Hypermarchés / Ministre des Finances et des Comptes Publics)
Maastricht University
Belgium 353 contributions 64279 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 annuls an aid granted to an important project of common European interest as unconditional and unlimited guarantees are incompatible with the internal market (Øresund Link)
Maastricht University
Belgium 353 contributions 64279 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission finds that the non-taxation of certain profits of a fast-food company in Luxembourg is in line with the EU State aid rules (McDonald’s)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2823901 visits
State aid: Commission investigation did not find that Luxembourg gave selective tax treatment to McDonald’s* The Commission has found that the non-taxation of certain McDonald’s profits in Luxembourg did not lead to illegal State aid, as it is in line with national tax laws and the (...)

The EU Commission finds that the Luxembourg authorities’ non-taxation of a fast-food franchising relies on a correct interpretation of the Luxembourg-US Double Tax Treaty and therefore does not constitute illegal State aid (McDonald’s)
Liège University
Belgique 1 contribution 145 visites
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Liège University
Belgique 1 contribution 145 visites
1. Parties McDonald’s Corporation and its subsidiaries franchise and operate tens of thousands of fast food restaurants worldwide. One of the subsidiaries is McD Europe Franchising, S.à.r.l. That company is a Luxembourg tax resident and following the example of the Commission, we will refer (...)

The EU Commission holds that Luxembourg did not grant illegal State aid to a fast-food company as a consequence of the exemption of income attributed to a US branch (McDonald’s)
Stockholm University
Suède 1 contribution 183 visites
Fiscal State Aid and Tax Treaty Law: the puzzling decision in the McDonald’s Case* On 17 December 2018 the European Commission issued the public version of its decision in the McDonald’s case (SA.38945). The Commission found, contrary to its initial conclusion in the opening decision, that (...)

The EU Court of Justice holds that unlimited State guarantees create a presumption of the existence of an advantage (IFP Energies nouvelles)
Maastricht University
Belgium 353 contributions 64279 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 emphasizes the necessity of ex ante assessment on future profitability in a case of State aid to the Belgian steel sector (Duferco)
Maastricht University
Belgium 353 contributions 64279 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 Supreme Court of Spain dismisses appeal for administrative liability attributed to actions and omissions in the enforcement of the European Commission Decision 2002/820/EEC for recovery of unlawful aid
Judicial Ethics Commission (Madrid)
39 contributions 2137 visits
The Supreme Court confirmed the judgment of the Vitoria Administrative Court and the Basque Country High Court of Justice that had rejected the claim for the administrative liability derived from recovery actions for the aid declared illegal by the European Commission. Background & facts (...)

The Spanish Supreme Court holds that 50% discount of the full tax from local taxes for activities in the fishing sector may constitute state aid
Judicial Ethics Commission (Madrid)
39 contributions 2137 visits
The Supreme Court interpreted, as a result of the appeal against a sentence of the Galicia High Court of Justice, that the recognition of a discount of 50% of the full quota in the Real Estate Tax for the commercial ports in which activities are carried out related to the fishing sector, in (...)

Procedures

 The Canadian Competition Authority and the Public Prosecution Service jointly launch revised immunity and leniency programs
Conzen O’Connor (Toronto)
23 contributions 5063 visites
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Cassels Brock & Blackwell (Toronto)
Canada 2 contributions 417 visites
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Cassels Brock & Blackwell (Toronto)
Canada 1 contribution 253 visites
It used to be the best deal in town: participants in criminal price-fixing conspiracies could approach the Competition Bureau and receive either complete immunity or leniency in exchange for ratting out their co-conspirators. The Bureau and the Public Prosecution Service of Canada (PPSC) (...)

The EFTA Court renders a judgment on the limitation period for damages claims (Nye Kystlink / Color Group and Color Li)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46644 visits
On 17 September 2018, the Court of Justice of the European Free Trade Association States (the “EFTA Court”) handed down its judgment in Nye Kystlink AS v Color Group AS and Color Line, Case E-10/17, answering preliminary questions asked by Norway’s Borgarting Court of Appeal (Borgarting (...)

The Spanish Supreme Court recognises the investigated companies’ rights of opposition to dawn raids in an energy sector case (Repsol)
CMS Albiñana y Suárez de Lezo (Madrid)
Spain 12 contributions 3230 visits
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CMS Albiñana y Suárez de Lezo (Madrid)
Spain 5 contributions 2458 visits
On 17 September 2018, the Spanish Supreme Court reinforced the necessary requirements for the Spanish Competition Authority (“CNMC”) to carry out competition dawn raids by recognizing the investigated companies’ “right of opposition” to inspections when the inspectors refuse to inform them of (...)

The High Court of Delhi rejects a company’s appeal and clarifies several procedural issues including the period when the recall application can be filed (Cadila Healthcare)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42180 visits
Delhi High Court Division Bench clears procedural and jurisdictional issues in antitrust enquiry by the CCI* In a landmark judgement dated September 12, 2018, on a LPA filed by Cadila Healthcare Limited (“Cadila”), the division bench of the Delhi High Court, comprising of Justice S. Ravindra (...)

The UK Competition Appeal Tribunal hands down its judgement upholding the Competition Authority’s decision that an online sales ban constituted a restriction of competition by object (Ping)
Herbert Smith Freehills (London)
Royaume-Uni 44 contributions 8894 visites
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Herbert Smith Freehills (London)
United Kingdom 13 contributions 3530 visits
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Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71789 visits
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On 7 September 2018, the Competition Appeal Tribunal ("CAT") handed down its judgment in Ping upholding the Competition and Market Authority ("CMA")’s decision that Ping’s online sales ban ("OSB") constituted a restriction of competition by object under EU and UK competition law. The aim of (...)

Regulatory

 The OECD holds a roundtable on the benefits and challenges of regional competition agreements
OECD - Competition Division (Paris)
France 313 contributions 1373693 visits
Regional competition agreements (RCAs) hold great potential for both developed and developing jurisdictions by promoting convergence in competition laws and instruments, ensuring effective and efficient cross-border enforcement, and/or by supporting young authorities in their efforts to create (...)

The French Competition Authority closes the case regarding practices carried out by a local Bar Association (AGN Avocats)
French Competition Authority (Paris)
France 743 contributions 395405 visits
Registering to the Limoges Bar Association* The Autorité de la concurrence closes the case referred to it by AGN Avocats. The company AGN Avocats lodged a complaint with the Autorité relating to a set of practices that is alleged to have been adopted by the Limoges Bar Association Council (...)

International

 Singapore: Grab/Uber merger – Observations from the CCCS’s first interim measures directions and merger infringement decisions
Baker McKenzie (Singapore)
Singapour 5 contributions 2822 visites
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Baker McKenzie (Singapore)
Singapour 3 contributions 2273 visites
In September 2018, the CCCS (Competition and Consumer Commission of Singapore) issued its infringement decision on the merger between Grab and Uber, the first merger infringement decision issued by the authority since the prohibition came into force in July 2007. This was also the first case (...)

Spain: The Spanish Supreme Court annuls an unannounced inspection carried out by the Spanish Competition Authority, as the agents refused to reveal whether they held a judicial authorization, thus breaching the principles of loyalty, good faith and transparency required from the Administration and the undertakings during dawn raids, and introducing a flaw which annuls the consent obtained from the undertaking concerned (Repsol)
MLAB Abogados (Madrid)
Espagne 47 contributions 7730 visites
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Baker McKenzie (Madrid)
Spain 34 contributions 25312 visits
In a Judgement of 17 September 2018 (appeal n° 2922/2016), the Spanish Supreme Court has overturned the Judgement of 21 July 2016 of the Audiencia Nacional (appeal n° 482/2013) which had dismissed the appeal lodged by Repsol, S.A. against the decision of the former Spanish competition (...)