September 2019

General antitrust

 The US Patent and Trademark Office Director calls for a balanced and structured policy for patent licensing negotiations in standards organizations
Rutgers University (New Brunswick)
United States 25 contributions 22862 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Standards allow companies to build compatible products. But they often include patents. And patents present complex issues. Licensors agree to reasonably license (...)

The Chinese State Administration for Market Regulation issues three new sets of rules and regulations relating to monopoly agreements, abuse of dominant market positions and abuse of administrative power
Orrick, Herrington & Sutcliffe (Beijing)
2 contributions 81 visits
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Noerr (Dusseldorf)
Germany 1 contribution 50 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. September 1, 2019 may be seen as a new starting point for the enforcement of China’s antitrust and competition laws. On this date, three new sets of rules and (...)

The Chinese SAMR updates Its enforcement rules with three new sets of rules and regulations relating to monopoly agreements, abuse of dominant market positions and abuse of administrative power
Jones Day (Shanghai)
China 47 contributions 22951 visits
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Jones Day (Beijing)
China 40 contributions 19870 visits
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Jones Day (Beijing)
China 8 contributions 1993 visits
China’s State Administration for Market Regulation (“SAMR”) recently released three new antitrust regulations that consolidate the antimonopoly regulations of its predecessor antimonopoly enforcement agencies, but also introduce important changes. This Jones Day White Paper reviews the key (...)

Anticompetitive practices

 The Spanish Competition Authority publishes two different investigations in the chemical products and network of automatic cashiers sectors
Bird & Bird (Madrid)
Spain 29 contributions 4164 visits
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Ecija & Asociados (Madrid)
Spain 20 contributions 1946 visits
In September, the Spanish Competition Authority (CNMC) has launched two different antitrust investigations, one concerning chemical products and the other concerning the network of automatic cashiers (ATMs). From 17 to 19 September 2019, the CNMC carried out dawn raids at the premises of (...)

The French Competition Authority fines the Architects Professional Body for its anticompetitive agreement (Ordre des architectes)
French Competition Authority (Paris)
France 709 contributions 362289 visits
The Ordre des architectes is fined a total of €1.5 million for anticompetitive agreement* L’autorité de la concurrence fined the Ordre des architectes a total of €1.5 million for implementing anticompetitive practices. The Ordre des architectes set up, distributed and enforced a fee schedule (...)

The EU Commission fines members of a canned vegetable cartel a total amount of €31.6 million (Coroos / CECAB)
European Commission (Brussels)
Belgium 45 contributions 20030 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 27008 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20005 visits
Canned vegetables companies Coroos, Groupe CECAB and Bonduelle have been found to have participated in a cartel in the supply of canned vegetables to retailers and food service companies in the European Economic Area (“EEA”). In particular, the Commission’s investigation showed that the (...)

The Serbian Competition Authority issues its first decision granting immunity from a fine of €500K to a cartel participant based on a leniency application (Konica Minolta distributors)
Schoenherr (Belgrade)
Serbia 1 contribution 340 visits
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Schoenherr (Belgrade)
Serbia 1 contribution 340 visits
Almost 10 years after the introduction of the leniency programme in Serbia, the Commission for Protection of Competition (’Commission’) adopted on 27 of September 2019 the first decision granting immunity from a fine to a cartel participant. This decision brings to life the 2009 statutory (...)

The EU Commission imposes fines totaling €31.6M on two companies for participating in a cartel in the canned vegetable sector (Coroos / CECAB)
European Commission - DG COMP (Brussels)
Belgium 1234 contributions 2531439 visits
Antitrust: Commission fines Coroos and Groupe CECAB €31.6 million for participating in canned vegetables cartel* The European Commission has fined Coroos and Groupe CECAB a total of € 31 647 000 for breaching EU antitrust rules. Bonduelle was not fined as it revealed the existence of the cartel (...)

The EU Commission fines two manufacturers of processed vegetables €31.65 million for participating in a canned vegetable cartel and grants full immunity to a third participant for blowing the whistle (Coroos / CECAB)
Addleshaw Goddard (Paris)
France 39 contributions 43419 visits
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ADNOC Group (Abu Dhabi)
29 contributions 4910 visits
On 27 September 2019, the European Commission ("Commission") fined Coroos and Groupe CECAB €31.65 million for participating in a canned vegetables cartel for over 13 years, with a third participant, Bonduelle, receiving full immunity for blowing the whistle. WHAT YOU NEED TO KNOW - KEY (...)

The Italian Supreme Court sheds light on the severance of anticompetitive clauses of a banking personal guarantee contract (De Gregorio / Banca Promos)
Giannino SI (Monserrato)
Italy 154 contributions 129517 visits
Introduction Article 2 of the Italian Competition Law no. 287/1990 (ICL), which is equal to Article 101 TFEU, provides that an agreement that restrains competition is void. By its judgment rendered in De Gregorio et al v Banca Promos, the Italian Court of Cassation has considered the reach of (...)

The Danish Competition Authority acquits two companies of illegally coordinating prices in the delivery of workwear (Bjerregaard Sikkerhed / Bacher Logistics)
Bird & Bird (Copenhagen)
Denmark 36 contributions 7087 visits
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Bird & Bird (Copenhagen)
Denmark 23 contributions 2234 visits
On the 24th of September 2019, two Danish companies Bjerregaard Sikkerhed A/S and Bacher Logistics A/S were acquitted by the Danish Competition Authority (DCCA) of illegally coordinating prices and other terms. The case stems from an interministerial procurement of five framework agreements (...)

The EU General Court dismisses an appeal against the re-adopted decision in the paper envelope cartel case (Printeos)
Van Bael & Bellis (Brussels)
Belgium 379 contributions 88972 visits
On 24 September 2019, the General Court dismissed the appeal lodged by Printeos (previously known as Tompla) against the re-adopted European Commission (“Commission”) decision in the Paper Envelopes cartel case (Case T-466/17, Printeos v. Commission). By way of background, the Commission (...)

The EU General Court reaffirms the Commission’s duty to provide sufficient reasons when explaining fine calculations in cartel cases (HSBC)
Shearman & Sterling (Brussels)
Belgium 20 contributions 8637 visits
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London School of Economics (London)
United Kingdom 8 contributions 3121 visits
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Shearman & Sterling (London)
United Kingdom 20 contributions 13064 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 24 September 2019, the EU General Court (GC) handed down its judgment in HSBC v. Commission. Consistent with recent precedent, the GC reaffirmed the European (...)

The Canadian Supreme Court expands the scope of potential liability in price-fixing class actions (Pioneer / Godfrey)
Davies Ward Phillips & Vineberg (Toronto)
Canada 1 contribution 177 visits
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Davies Ward Phillips & Vineberg (Toronto)
Canada 1 contribution 177 visits
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Davies Ward Phillips & Vineberg (Toronto)
Canada 1 contribution 177 visits
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The Supreme Court of Canada has released its long-awaited decision in two companion appeals that have significant implications for class actions alleging conduct that contravenes the criminal provisions found in Part VI of the Competition Act (Act). In its decision in Pioneer Corporation v (...)

The Delhi High Court dismisses a writ petition challenging demand notices issues by the Competition Authority relating to the interest payment of the penalties imposed (United India Insurance)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 17463 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19420 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 18317 visits
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The Delhi High Court dismissed a writ petition filed by United India Insurance Company challenging demand notices issued by the CCI requiring payment of interest on penalties imposed by the CCI which were the subject of a stay order by the Competition Appellate Tribunal (COMPAT) hearing an (...)

The Cypriot Competition Authority terminates its investigation into a financial services company for allegedly imposing unfair trading terms on its customers and retrospective rental fees for point of sales terminals (JCC)
Stephanie Theodotou Lawyer (Cyprus)
9 contributions 1494 visits
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Trojan Economics (Nicosia)
Cyprus 11 contributions 2117 visits
Introduction On 10 September 2019 the Cyprus Commission for the Protection of Competition (“CPC”) terminated its ex officio investigation against JCC Payment Systems Ltd (“JCC”), having concluded that there have been no violations of Sections 3(1) and 6(1) of the Protection of Competition Law (Law (...)

The Latvian Competition Authority imposes interim measures suspending concession agreements concluded between a municipality and two waste management companies (Riga Municipality / Getliņi EKO / Tīrīga)
Latvian Competition Council (Riga)
Latvia 115 contributions 21942 visits
The Competition Council adopts a decision imposing interim measures regarding waste management in Riga* On September 9th the Competition Council of Latvia (the CC) adopted a decision imposing interim measures on Riga Municipality and the limited liability company owned by it – SIA Getliņi (...)

The Portuguese Competition Authority fines 14 banks for exchange of information
Portuguese Competition Authority (Lisbon)
Portugal 106 contributions 26089 visits
AdC imposes a fine of 225 million euros to 14 banks The Portuguese Competition Authority (Autoridade da Concorrência - AdC) fined 14 banks in the total amount of 225 million euros in connection with the concerted practice of exchanging sensitive commercial data, during a period of more than ten (...)

The French Competition Authority and the Austrian Competition Authority carry out unannounced inspections in the automatic swimming pool cleaning equipment distribution sector
French Competition Authority (Paris)
France 709 contributions 362285 visits
Dawn raids* The General Rapporteur of the Austrian competition authority and the General Rapporteur of the Autorité de la concurrence indicate that unannounced inspections have been carried out in the automatic swimming pool cleaning equipment distribution sector. Following judicial (...)

The EU Court of Justice AG Bobek publishes his opinion on the concept of restriction of competition by object or by effect (Gazdasági Versenyhivatal / Budapest Bank)
Dentons (Brussels)
Belgium 3 contributions 2086 visits
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Levi Strauss (Brussels)
France 2 contributions 1484 visits
AG BOBEK’S OPINION IN BUDAPEST BANK: ON OBJECT VS. EFFECT, FISH AND LILIES* On September 5, 2019, Advocate General Bobek published his opinion in the Budapest Bank case (C-228/18). The opinion provides very clear and practical guidance on the concept of restriction of competition by object – a (...)

The EU Court of Justice AG Bobek provides an analytical framework to assess the appropriateness of ‘by object’ qualifications while clarifying and consolidating the case-law on the dichotomy between ‘by object’ and ‘by effect’ restrictions (Budapest Bank)
Latham & Watkins (Brussels)
Belgium 12 contributions 4427 visits
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KU Leuven
Belgium 1 contribution 470 visits
Comment On 5 September 2019, Advocate General (‘AG’) Bobek delivered his Opinion in the Budapest Bank case following a request for a preliminary ruling from the Hungarian Supreme Court (‘HSC’). AG Bobek advised on several matters such as the existence of an obligation for National Competition (...)

The Canadian Competition Authority issues a call for information from the Country’s business community about conduct in the digital economy that may be harmful to competition
Canadian Competition Bureau (Gatineau)
Canada 53 contributions 8103 visits
Competition Bureau calls for businesses to report potentially anti-competitive conduct in the digital economy* The Competition Bureau has published a call-out for information from Canada’s business community about conduct in the digital economy that may be harmful to competition. The Bureau is (...)

The Australian Competition Authority publishes its final report on the inquiry into the supply of foreign currency conversion services
Australian Competition and Consumer Commission (Sydney)
Australia 1 contribution 51 visits
On 2 September 2019, the ACCC released the final report of the ACCC’s inquiry into the supply of foreign currency conversion services (FX services) in Australia (the Report). The ACCC concluded that Australian consumers are paying too much for FX services because of confusing, inconsistent (...)

Unilateral Practices

 The German Competition Authority and Federal Network Agency publish joint guidelines on the control of abusive practices in the electricity sector
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64207 visits
On 27 September 2019, the Federal Cartel Office (“FCO”) and the Federal Network Agency (“FNA”) jointly published guidelines for the control of abusive practices in the electricity generation and wholesale sectors, which also address the interpretation of certain aspects of the Regulation on (...)

The German Competition Authority and the Federal Network Agency issue their guidelines for the control of abusive practices in the electricity generation and wholesale trade sector
German Competition Authority (Bonn)
Germany 422 contributions 106407 visits
Control of abusive practices in electricity generation/wholesale trade: Bundeskartellamt and Bundesnetzagentur publish guidelines* The Bundeskartellamt and the Bundesnetzagentur are today publishing the guidelines for the control of abusive practices in the electricity generation and wholesale (...)

The Italian Regional Administrative Court of Lazio rejects the appeal against abuse of dominance decision in the markets for the management of copyrights (SIAE)
Bird & Bird (Rome)
Italy 19 contributions 3743 visits
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Luiss Guido Carli University (Rome)
Italy 27 contributions 4975 visits
On 26 September 2019, the Regional Administrative Court of Lazio (“TAR”) rejected the appeal lodged by the Italian Authors’ and Publishers’ Association (the “SIAE”) against the decision of the Italian Competition Authority (the “ICA”) taken on 25 September 2018. In this decision, the Authority had (...)

The Lithuanian Competition Authority fines companies for obstructing an investigation (Būsto aplinka / Mano Būsto priežiūra)
Lithuanian Competition Authority (Vilnius)
Lithuania 99 contributions 18430 visits
Companies fined for obstructing investigation* Konkurencijos taryba found the companies Būsto aplinka and Mano Būsto priežiūra guilty of obstructing the authority‘s officials in carrying out inspection and obtaining documents relevant for the investigation. The companies were fined a total of EUR (...)

The Portuguese Competition Authority fines a company for abuse of dominance in the market for secondary reserve services (EDP Produção)
Portuguese Competition Authority (Lisbon)
Portugal 106 contributions 26089 visits
AdC imposes fine of 48 million euros on EDP Produção for abuse of dominance* The AdC (Autoridade da Concorrência – Portuguese Competition Authority) imposed a fine of 48 million euros on EDP – Gestão da Produção de Energia, S.A., (EDP Produção), for abuse of dominance in the market for secondary reserve (...)

The Danish Competition Appeals Tribunal confirms that a company abuses its dominance by using conditional rebates and exclusivity provisions in the payment card sector (Teller)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 125 contributions 34172 visits
The Danish Competition Appeals Tribunal confirms that Teller (now Nets) abused its dominant position by using rebates conditional on exclusivity and exclusivity provisions* The Danish Competition Appeals Tribunal (DCAT) confirmed the 18th of September 2019 the ruling by the Danish Competition (...)

The Hungarian Competition Authority imposes a fine on social media influencers for breaching commitments (Alakreform / Avanzo)
Bird & Bird (Budapest)
Hungary 18 contributions 2060 visits
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Bird & Bird (Budapest)
Hungary 16 contributions 1834 visits
Fines are on the horizon for social media influencers not aligning their practice as set out by the Hungarian Competition Authority (GVH), as may be deduced from the GVH’s Rubint decision of 16 September 2019. The case roots back to 2016, when the GVH started investigating social media (...)

The US Court of Appeals for the Second Circuit nixes a $15M antitrust jury verdict in favor of an airline company against a travel-planning giant (US Airways / Sabre)
Freshfields Bruckhaus Deringer (New York)
United States 2 contributions 234 visits
In the first two-sided market case to be decided by a court of appeals since the Supreme Court issued its American Express ruling (“Amex”) in June 2018, a Second Circuit Panel in September nixed a $15 million antitrust jury verdict in favor of US Airways against travel-planning giant Sabre (...)

The US Court of Appeals for the Ninth Circuit reformulates legal doctrines created for physical property to apply to new technology-based torts (HiQ / LinkedIn)
Constantine Cannon (Washington)
United States 4 contributions 1632 visits
THE NINTH CIRCUIT’S DECISION IN HIQ V LINKEDIN: DATA SCRAPING MAY HAVE A FUTURE, BUT FOR HOW LONG?* Do companies that gather public information have an obligation to make that information available en masse to would-be competitors? Do competitors have a right to access those companies’ websites (...)

The Indian Supreme Court flips its jurisprudence on abuse of dominance in a case involving radios taxis alleged of predatory pricing (Uber / Ola)
Indian Competition Commission (New Delhi)
Inde 1 contribution 604 visites
On September 3, 2019 The Supreme Court of India vide its judgement in Uber India Systems Pvt. Ltd. (Uber) v. Competition Commission of India (CCI) appears to have flipped the jurisprudence on abuse of dominance under the Indian Competition Act, 2002 (the “Act”) by requiring the assessment of the (...)

The Indian Supreme Court dismisses an appeal against an investigation into allegations of abuse of dominance (Uber / Ola)
Observer Research Foundation (New Delhi)
India 2 contributions 669 visits
SUPREME COURT OF INDIA UPHOLDS INVESTIGATION AGAINST UBER* The Hon’ble Supreme Court of India has dismissed an appeal[Uber India Systems Pvt. Ltd v Competition Commission of India, Civil Appeal No. 641 of 2017] filed by Uber India Systems Pvt. Ltd. (‘Uber’) against an order of the erstwhile (...)

The Indian Supreme Court requests the Competition Authority’s Director General to continue the investigation allegations relating the abuse of dominance in the radio taxis sector (Uber / Ola)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 17463 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19420 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 18317 visits
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Deciding on an appeal from the National Company Law Appellate Tribunal (NCLAT), the Supreme Court requested the Director General, CCI (DG) to continue investigating allegations relating to abuse of dominance by Uber in the National Capital Region (NCR). [1] In considering whether the (...)

The Chinese State Administration for Market Regulation sees new provisions on monopolistic agreements and abuse of dominance enter into force
Lang Yue (Beijing)
China 2 contributions 72 visits
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Linklaters (Beijing)
China 2 contributions 72 visits
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Linklaters (Beijing)
China 2 contributions 72 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On September 1, 2019, two sets of provisions on antitrust enforcement under the Anti-Monopoly Law (AML) (反垄断法) issued by China’s State Administration for Market (...)

Mergers

 The French Competition Authority clears a merger in the distribution of automotive parts market (TODD group / Alliance Automotive France)
French Competition Authority (Paris)
France 709 contributions 362281 visits
Distribution of automotive parts* The Autorité de la concurrence clears the acquisition of TODD group by the company Alliance Automotive France On 2 September 2019, the company Alliance Automotive France (hereinafter « AAF ») notified the Autorité de la concurrence of its plan to take over TODD (...)

The Czech Competition Authority clears a merger of three competitors in the retail and online stores with furniture and home accessories (XLCEE / Kika / Lambda)
Dentons (Prague)
Czech Republic 5 contributions 561 visits
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Bird & Bird (Prague)
Czech Republic 25 contributions 3961 visits
The Office for the Protection of Competition allows a merger of three competitors – XLCEE-Holding Gmbh and companies Kika Nábytek, s.r.o. (Kika CZ) and Lambda Properties Czechia, s.r.o. (Lambda CZ), provided that structural obligations set out in order to maintain the effective competition are (...)

The French Competition Authority clears a merger, subject to pre-acquisition divestitures in the food and non-food wholesale and semi-wholesale sector (Cayenne supermarket / Super NKT)
French Competition Authority (Paris)
France 709 contributions 362281 visits
Acquisition of Cayenne supermarket Super NKT* The Autorité de la concurrence cleared the acquisition, subject to conditions, of the company NDIS and its subsidiary NG Kon Tia by SAFO (Huyghues-Despointes Group), which will be conditional on a divestiture prior to the acquisition of the (...)

The Dutch Ministry of Economic Affairs and Climate grants a licence, overruling the Competition Authority’s decision, for overriding public interests including the continuity and affordability of high quality in the postal services sector (PostNL / Sandd)
Bird & Bird (The Hague)
Netherlands 34 contributions 7753 visits
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KPN (Amsterdam)
Belgium 33 contributions 6716 visits
In February of this year, PostNL announced its intention to acquire rival operator Sandd. In view of the rapidly declining postal volumes, the two operators consider the combination of their nationwide postal networks necessary to ensure continuity and affordability of postal services. On (...)

The Ukrainian Competition Authority issues guidelines clarifying the notification of joint ventures
Redcliffe Partners (Kyiv)
Ukraine 9 contributions 9234 visits
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Redcliffe Partners (Kyiv)
Ukraine 3 contributions 1030 visits
ANTIMONOPOLY COMMITTEE OF UKRAINE ISSUED NEW GUIDELINES CLARIFYING THE NOTIFICATION OF JOINT VENTURES: ANTIMONOPOLY COMMITTEE OF UKRAIN / UKRAINIAN COMPETITION AUTHORITY / JOINT VENTURES / MINORITY ACQUISITIONS* On 26 September 2019, the Antimonopoly Committee of Ukraine (the ’AMC’) issued new (...)

The EU Advocate General Tanchev issues his opinion and recommends that the EU Court of Justice partially annul a gun-jumping fine (Marine Harvest)
Dentons
1 contribution 175 visites
GUN JUMPING: AG TANCHEV TELLS EUROPEAN COURT OF JUSTICE THAT MARINE HARVEST SHOULD RECEIVE ONE FINE, NOT TWO* There has been an important milestone in the search for more legal certainty in gun-jumping cases: On September 26, 2019, Advocate General (AG) Tanchev issued his opinion in the Marine (...)

The German Competition Authority clears a merger in the hospital sector in spite of the high market shares of the clinics (Klinikverbund Kempten-Oberallgäu / Kreiskliniken Unterallgäu)
German Competition Authority (Bonn)
Germany 422 contributions 106407 visits
Bundeskartellamt clears hospital merger in the Allgäu region* In the first phase of examination the Bundeskartellamt has cleared the planned merger of the hospital group Klinikverbund Kempten-Oberallgäu gGmbH, Immenstadt, with the district clinics Kreiskliniken Unterallgäu AöR, Mindelheim, (...)

The French Competition Authority clears a merger in the coach transport market (CarPostal France / Keolis)
French Competition Authority (Paris)
France 709 contributions 362281 visits
Coach transport* The Autorité has given the green light to the acquisition of CarPostal France by Keolis Keolis notified the Autorité de la concurrence of its planned acquisition of CarPostal France. Following an examination of the effects of this transaction on the urban and interurban public (...)

The UK Competition Authority imposes its largest fine for a single breach of an interim enforcement order in a merger (PayPal / iZettle)
Herbert Smith Freehills (London)
United Kingdom 19 contributions 7603 visits
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Herbert Smith Freehills (London)
United Kingdom 9 contributions 3851 visits
On 24 September 2019 the UK Competition and Markets Authority (CMA) imposed its largest ever fine for a single breach of an interim enforcement order (IEO) on Paypal, in the context of its acquisition of iZettle. IEOs are now routinely imposed in almost all completed mergers investigated by (...)

The UK Competition Authority fines a company for breaching merger control rules in the mobile point-of-sale devices sector (Paypal / iZettle)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70015 visits
On 24 September 2019, the UK’s Competition and Markets Authority (“CMA”) fined Paypal £ 250,000 for breaching its freezing order that halted integration of the parties during its review of Paypal’s completed acquisition of the Swedish start-up iZettle. Despite having approved the deal in June 2019, (...)

The Dutch Competition Authority clears the acquisition of a toy company (Mirage / Intertoys)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Netherlands 191 contributions 31657 visits
ACM clears acquisition of Intertoys by Mirage* Mirage Holdings B.V. wishes to acquire Intertoys B.V. On 4 September 2019, these firms requested the Netherlands Authority for Consumers and Markets (ACM) for clearance for this acquisition. Mirage Holdings B.V. operates the retail chains Blokker (...)

The UK Competition Authority finds that a merger in the sports fashion market raises competition concerns (JD Sports / Footasylum)
United Kingdom’s Competition Authority (CMA) (London)
United Kingdom 338 contributions 86717 visits
Sports fashion merger raises competition concerns* The CMA has found that JD Sports’ takeover of close competitor Footasylum could be bad for shoppers. The Competition and Markets Authority (CMA) is concerned that the loss of competition brought about by the merger could result in a worse deal (...)

The EU Commission clears a merger subject to remedies in the market for the supply of electricity (E.ON / Innogy)
European Commission - DG COMP (Brussels)
Belgium 1234 contributions 2531352 visits
Mergers: Commission clears E.ON’s acquisition of Innogy, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition by E.ON of Innogy’s distribution and consumer solutions business as well as certain of its electricity generation assets. The (...)

The EU Commission conditionally clears a merger in the energy sector subject to remedies following a second phase investigation (E.ON / Innogy)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70015 visits
On 17 September 2019, the European Commission (“Commission”) conditionally cleared E.ON’s acquisition of Innogy from its parent company, RWE, following a second phase investigation. E.ON and Innogy are German energy companies active across the full energy chain, from generation to distribution. (...)

The Portuguese Competition Authority sends a statement of objection accusing a company of gun-jumping (Capital / SCA / SICAR)
Portuguese Competition Authority (Lisbon)
Portugal 106 contributions 26089 visits
AdC accuses HCapital, SCA - SICAR of gun-jumping* The AdC (Autoridade da Concorrência – Portuguese Competition Authority) sent a statement of objections to HCapital, SCA – SICAR for acquiring sole control of Solzaima without prior notification of the transaction and, consequently, without (...)

The French Competition Authority opens a public consultation in order to revise its merger guidelines
French Competition Authority (Paris)
France 709 contributions 362279 visits
The Autorité de la concurrence opens a public consultation in order to revise its merger guidelines* Since autumn 2017, the Autorité has been involved in an important modernisation and simplification of merger control by easing the constraints on companies (see press release dated 25 April (...)

The French Competition Authority publishes a public consultation to gather feedback on its draft revised merger control guidelines
Bird & Bird (Paris)
France 23 contributions 2906 visits
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Vaillant Group (Paris)
22 contributions 3076 visits
The French Competition Authority (FCA) has recently launched a public consultation to gather feedback on its draft revised merger control guidelines. The new guidelines aim at replacing the current merger control guidelines which were adopted back in 2013. The adoption of these new guidelines - (...)

The Belgian Competition Authority clears a merger in the retail sector in stations and airports (International Duty Free / Lagardère Travel Retail)
Belgian Competition Authority (Brussels)
Belgium 87 contributions 19993 visits
The Belgian Competition Authority approves the acquisition of International Duty Free S.A. by Lagardère Travel Retail S.A.S.* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) has approved on 12 September 2019 the acquisition of International Duty Free S.A. (...)

The US FTC requires the parties in a sale of natural gas pipeline to revise their agreement in order to eliminate a non-compete covenant deemed unreasonably limited in scope (Nexus Gas Transmission / DTE Energy)
Fried Frank Harris Shriver & Jacobson (New York)
United States 3 contributions 999 visits
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Fried Frank Harris Shriver & Jacobson (New York)
United States 3 contributions 999 visits
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Kirkland & Ellis (New York)
United States 1 contribution 61 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In a September 13, 2019 enforcement action, the Federal Trade Commission required the parties in a sale of a natural gas pipeline to revise their agreement to (...)

The Portuguese Competition Authority clears a merger in the hospital market in applying the failing firm defense (Hospital Particular do Algarve / Hospital São Gonçalo de Lagos)
Portuguese Competition Authority (Lisbon)
Portugal 106 contributions 26089 visits
The AdC adopts a clearance decision on the Grupo HPA Saúde / Hospital São Gonçalo de Lagos merger* The AdC (Autoridade da Concorrência – Portuguese Competition Authority) has adopted a clearance decision on the merger concerning the acquisition of sole control of Hospital São Gonçalo de Lagos (...)

The German Competition Authority closes its merger review proceeding after companies had given up their merger plans in the furniture sector (VME / KHG)
German Competition Authority (Bonn)
Germany 422 contributions 106407 visits
Bundeskartellamt prevents major purchasing cooperation in the furniture sector* The Bundeskartellamt has discontinued its administrative proceeding on account of the planned merger of the purchasing cooperations VME Union GmbH and KHG GmbH & Co. KG (Krieger/Höffner group) after the (...)

The Spanish Competition Authority initiates proceedings against an undertaking for having closed an acquisition before gaining merger clearance (Nufri / Idulleida)
Callol, Coca & Asociados (Madrid)
Spain 161 contributions 43572 visits
On 6 September 2019, the CNMC has initiated proceedings against NUFRI for having closed the acquisition of Grupo IDULLEIDA before gaining merger clearance. On 11 July 2019, the CNMC cleared in first phase the transaction which had been notified on 21 June 2019. However, the CNMC has initiated (...)

The French Competition Authority clears a merger in the markets of cosmetics and perfumes (Colgate Palmolive / Laboratoires Filorga Cosmétiques)
French Competition Authority (Paris)
France 709 contributions 362279 visits
Cosmetic products* The Autorité de la concurrence clears the acquisition of Laboratoires Filorga Cosmétiques by Colgate Palmolive On 7 August 2019, Colgate-Palmolive notified the Autorité de la concurrence of its plan to take over Laboratoires Filorga Cosmétiques . By a decision issued today, the (...)

The Indian Competition Authority approves an acquisition of shares totaling 25% in an auto solutions company by an auto manufacturing company (TVS Automobile Solutions / Mitsubishi)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40074 visits
CCI approves acquisition of shares of TVS Automobile Solutions Pvt. Ltd by Mitsubishi* By way of order dated 06.09.2019, the Commission has approved the acquisition of shares of TVS Automobile Solutions Pvt. Ltd (“TVS”) by Mitsubishi Corporation (“Mitsubishi”) by way of subscription as well as (...)

The French Competition Authority closes ex officio proceedings to verify compliance of remedies concerning a merger in the telecom sector (Altice / SFR)
French Competition Authority (Paris)
France 709 contributions 362279 visits
Telecoms* The Autorité closes the ex officio proceedings it had started to ensure compliance with the commitments concerning the sale of Completel’s DSL network made by Altice France when it acquired SFR. The Autorité considers that there is no evidence to characterise Altice France’s actions (...)

The Spanish Competition Authority investigates potential gun jumping in a merger in the fruit and vegetables wholesale sector (Nufri / Idulleida)
European Commission (Brussels)
Belgium 45 contributions 20030 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 27008 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20005 visits
In September 2019, the CNMC announced that it had opened disciplinary proceedings against NUFRI, Sociedad Agraria de Transformación A.P.A, an entity active in the wholesale of fruits and vegetables. In particular, the CNMC is concerned that NUFRI could have violated the standstill obligation (...)

The Dutch Competition Authority prohibits a merger in the postal delivery market (Sandd / PostNL)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Netherlands 191 contributions 31657 visits
ACM does not grant a license for the acquisition of postal operator Sandd by PostNL* Having conducted a thorough investigation, the Netherlands Authority for Consumers and Markets (ACM) has decided not to grant a license for the acquisition of postal operator Sandd by rival operator PostNL. (...)

The Turkish Competition Authority approves the acquisition of a company active in the FinTech sector (PayU / İyzico)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 151 contributions 69802 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 3993 visits
This case summary concerns an analysis of the Board’s PayU/iyzico decision, in which the Board analysed the parties’ market powers in the financial technology (“ FinTech ”) market by applying different market share calculation methods and established the general principles for the assessment of (...)

The US DoJ provides details on the use of arbitration to resolve a challenge to a proposed acquisition in the market of the aluminium sheet (Novelis / Aleris Corporation)
Jones Day (Washington)
United States 13 contributions 6973 visits
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American Express (New York)
United States 2 contributions 2999 visits
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Jones Day (Washington)
United States 17 contributions 7620 visits
In Short: The Situation: The United States Department of Justice Antitrust Division ("DOJ") has provided details on the unprecedented use of arbitration to resolve its challenge to the proposed acquisition of Aleris Corporation by Novelis Inc. The Significance: Companies now have greater (...)

The US DoJ for the first time elects binding arbitration to resolve a merger challenge (Novelis / Aleris Corporation)
Gibson Dunn (Washington)
United States 1 contribution 2986 visits
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Gibson Dunn (Washington)
United States 7 contributions 5615 visits
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Milbank (Washington)
United States 1 contribution 2986 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On September 4, 2019, the U.S. Department of Justice’s Antitrust Division filed a complaint in the Northern District of Ohio challenging Novelis Inc.’s proposed (...)

The US DoJ agrees to use binding arbitration to resolve merger disputes for a new approach in antitrust enforcements (Novelis / Aleris Corporation)
US Department of Justice (Washington DC)
United States 2 contributions 568 visits
DOJ AGREEMENT TO USE BINDING ARBITRATION TO RESOLVE MERGER DISPUTE COULD HERALD NEW APPROACH IN ANTITRUST ENFORCEMENT* Federal antitrust enforcers may be increasingly looking to arbitrators—instead of federal courts—to be the arbiters of competition law if a new approach in enforcement takes (...)

The US DoJ agrees to refer the product market definition to binding arbitration (Novelis / Aleris Corporation)
Jones Day (Washington)
United States 17 contributions 7620 visits
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Jones Day (Washington)
United States 13 contributions 6973 visits
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American Express (New York)
United States 2 contributions 2999 visits
For the first time in history, DOJ’s Antitrust Division plans to use binding arbitration to resolve an important element of a merger challenge. As part of its lawsuit to block the proposed acquisition of Aleris Corporation by Novelis Inc., the parties and DOJ agreed to resolve the issue of (...)

The US DoJ submits a market definition question to the binding arbitration (Novelis / Aleris Corporation)
Bradley Arant Boult Cummings (Washington)
United States 2 contributions 1191 visits
MERGERS AND ACQUISITIONS, MARKET DEFINITION, UNITED STATES OF AMERICA, ARBITRATION, ALUMINUM FOR AUTOMOTIVE APPLICATIONS* On September 4, 2019, the United States Department of Justice’s Antitrust Division sued to block Novelis, Inc.’s acquisition of Aleris Corporation, alleged to be a “new and (...)

State Aid

 The EU General Court rules on an appeal against the recovery of aid from the owner of an aid recipient in the chemical sector (Fortischem)
Maastricht University
Belgium 320 contributions 56301 visits
ECONOMIC CONTINUITY IN RECOVERY OF INCOMPATIBLE STATE AID* Introduction Companies rarely escape from the obligation to repay incompatible State aid. Over the past decade or so, very few companies have successfully argued that they legitimately expected that the aid they received was (...)

The EU General Court clarifies the burden of proof that has to be met by the Commission to demonstrate the existence of an advantage in the context of tax rulings (Starbucks)
CMS (Brussels)
Belgium 1 contribution 330 visits
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Latham & Watkins (Brussels)
Belgium 12 contributions 4427 visits
On 24 September 2019, the General Court (‘GC’) rendered its first two Judgments assessing under which circumstances EU State aid rules can curtail Member States’ sovereignty to adopt individual tax rulings. In the Starbucks Judgment discussed here, the GC ruled in favour of Starbucks since the (...)

The EU General Court delivers two judgments providing important guidance on the application of the arm’s length principle in the context of State aid investigations concerning tax measures (Fiat / Starbucks)
Van Bael & Bellis (Brussels)
Belgium 150 contributions 32095 visits
On 24 September 2019, the General Court delivered two judgments in Cases T-755/15, Luxembourg v. Commission and T-759/15, Fiat Chrysler Finance Europe v. Commission, providing important guidance on the application of the arm’s length principle in the context of State aid investigations (...)

The EU General Court orders Luxembourg and Netherlands to recover millions of euros from two companies on the basis of State aid rules (Fiat / Starbucks)
Allen & Overy (Brussels)
Belgium 28 contributions 3030 visits
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Bird & Bird (Brussels)
Belgium 42 contributions 11407 visits
On 24 September 2019, the General Court delivered its first two judgements in the series of appeals against European Commission (EC) decisions on tax rulings ordering Member States to recover millions of euros on the basis of state aid rules. In October 2015, the EC ruled that selective tax (...)

The EU General Court delivers two judgments providing guidance on the application of the arm’s length principle in the context of State aid investigations (Fiat / Starbucks)
Skadden, Arps, Slate, Meagher & Flom (Chicago)
United States 2 contributions 438 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 2 contributions 438 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 10 contributions 3335 visits
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Introduction On September 24, 2019, the EU General Court (General Court) issued its long-awaited judgments in relation to the appeals brought against two European Commission (EC) decisions of 2015 concluding that tax rulings granted by The Netherlands and Luxembourg conferred illegal state aid (...)

The EU General Court overturns the Commission’s decision ordering the Netherlands to recover illegal State aid from a coffee company (Starbucks)
Zepos & Yannopoulos (Athens)
Greece 34 contributions 3166 visits
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Zepos & Yannopoulos (Athens)
Greece 34 contributions 2759 visits
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Zepos & Yannopoulos (Athens)
Greece 29 contributions 2151 visits
On 24 September 2019, the General Court delivered its judgments in the first two individual tax ruling cases involving transfer pricing within multinationals, providing important guidance on the application of the arm’s length principle in the context of State aid investigations concerning tax (...)

The EU General Court delivers two judgments clarifying how State aid rules apply to national tax rulings and determines whether a transfer pricing ruling in respect of intra-group transactions confers a selective advantage under the State aid rules (Fiat / Starbucks)
Baker Botts (Brussels)
Belgium 25 contributions 17778 visits
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Baker Botts (Brussels)
Belgium 7 contributions 9457 visits
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Baker Botts (Brussels)
Belgium 15 contributions 5029 visits
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On 24 September 2019, the General Court (the ‘Court’) upheld the European Commission’s (the ‘Commission’) ruling ordering Luxembourg to recover EUR 23.1 million from Fiat Chrysler Finance Europe (‘FFT’) and annulled the Commission’s ruling ordering the Netherlands to recover EUR 25.7 million from (...)

The EU General Court delivers two judgments providing guidance on the application of the arm’s length principle in the context of State aid investigations (Fiat / Starbucks)
Beeton Consulting (London)
Luxembourg 3 contributions 1077 visits
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Arendt & Medernach (Luxembourg)
Luxembourg 54 contributions 108199 visits
THE GENERAL COURT’S JUDGEMENT IN FFT: A CRITIQUE* In its judgments on 24 September in the FFT and Starbucks cases, the EU General Court gave its first view on the European Commission’s tax ruling decisions. These decisions were novel and complex in that they sought to assess whether the tax (...)

The EU General Court provides further guidance concerning the concept of State aid in the context of fiscal measures favoring port authorities (Port autonome du Centre) (Port de Bruxelles) (Havenbedrijf Antwerpen)
Van Bael & Bellis (Brussels)
Belgium 150 contributions 32095 visits
On 20 September 2019, the General Court delivered three judgments (Cases T-673/17, Port autonome du Centre and de l’Ouest and Others v. Commission, T-674/17, Le Port de Bruxelles and Région de Bruxelles-Capitale v. Commission, T-696/17, Havenbedrijf Antwerpen and Maatschappij van de Brugse (...)

The EU General Court upholds the Commission’s assessment that the Czech renewable energy support scheme involved State resources (FVE Holýšov I)
Baker Botts (Brussels)
Belgium 15 contributions 5029 visits
In a judgment of 20 September 2019, the EU General Court (the “General Court”) upheld a 2016 decision of the European Commission (the “Commission”) finding that a EUR 31 billion Czech support scheme in favour of renewable energy sources (“RES”) should be classified as State aid. The judgment (...)

The EU Commission approves a State aid scheme partly because it didn’t contain aid and partly because it was compatible with the internal market (Primary Residence Protection Scheme)
Maastricht University
Belgium 320 contributions 56301 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 to assess whether “excess profit” tax rulings granted by Belgium to multiple multinational companies are in line with EU State aids rules
European Commission - DG COMP (Brussels)
Belgium 1234 contributions 2531293 visits
State aid: Commission opens in-depth investigations into individual “excess profit” tax rulings granted by Belgium to 39 multinational companies* The European Commission has opened separate in-depth investigations to assess whether “excess profit” tax rulings granted by Belgium to 39 multinational (...)

The Austrian Federal Administrative Court dismisses the claim by a telecoms operator that reforming the rights to use of radio frequencies, but excluding pre-existing rights from this reform, constitutes illegal State aid because there is no demonstrable negative effect on the State flowing from the reform
University of Vienna (Vienna)
Austria 14 contributions 853 visits
Background & Facts of the case In order to enable a more efficient use of the Austrian mobile communications network, the Telekom-Control Commission (“the authority”) ordered, by decision of 28 July 2014, a so-called “refarming” of rights of use for radio frequencies in the 900 and 1800 MHz (...)

Procedures

 The Mexican Competition Authority releases guidelines that recognise attorney-client privilege in antitrust investigations
Jones Day (Mexico)
Mexico 8 contributions 2961 visits
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Jones Day (Washington)
United States 18 contributions 3239 visits
In Short The Development: Mexico’s antitrust authority, the Comisión Federal de Competencia Económica ("COFECE"), released guidelines that recognize the attorney-client privilege in antitrust investigations. Background: Mexican law requires that lawyers maintain professional secrecy, which (...)

The Vietnamese Government issues a new decree regulating administrative penalties for acts in violation of competition regulations New
Baker McKenzie (Hô Chi Minh-Ville)
Vietnam 4 contributions 427 visits
On 26 September 2019, Decree No. 75/2019/ND-CP regulating administrative penalties for acts in violation of competition regulations (Decree 75) was issued by the Vietnam Government, taking effect from 1 December 2019. Aside from changes in sanctioning standards, Decree 75 also provides clearer (...)

The EU General Court annuls a cartel fine imposed by the Commission due to insufficient motivation (HSBC)
European Commission (Brussels)
Belgium 45 contributions 20030 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 27008 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20005 visits
The General Court of the EU annuls cartel fine imposed to HSBC by the Commission due to insufficient motivation (Judgment of the General Court of the EU of 24 September 2019 in Case T-105/17 HSBC Holdings plc, HSBC Bank plc, HSBC France v Commission). In December 2016, the Commission adopted a (...)

The EU General Court annuls a decision due to the Commission’s failure to sufficiently explain the methodology relied upon in calculating the fine (HSBC)
Van Bael & Bellis (Brussels)
Belgium 379 contributions 88965 visits
Euro interest rate derivatives cartel case On 24 September 2019, the General Court issued a judgment on an appeal lodged by HSBC against the European Commission’s (the “Commission”) decision fining HSBC € 33.6 million for its involvement in the Euro Interest Rate Derivatives cartel case (Case (...)

The EU General Court annuls a €33.6 million fine imposed in relation to the Euro Interest Rate Derivatives cartel because of the Commission’s insufficient reasoning on the applied calculation method (HSBC)
Liège University (Liège)
Belgium 1 contribution 279 visits
In yet another bank cartel case, the EU General Court (“GC” or “the Court”) takes a position consistent with its previous case law as regards the right to defence of the parties and annuls the fine imposed on HSBC due to insufficient reasoning. In addition, the GC assesses the conditions for (...)

The Canadian Supreme Court clarifies several procedural questions relating to class actions, with potential significance to class actions in the UK and EU (Pioneer / Godfrey)
Allen & Overy (Washington)
United States 1 contribution 43 visits
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Allen & Overy (Brussels)
Belgium 2 contributions 536 visits
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Cohen & Gresser (Washington D.C.)
United States 1 contribution 43 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On September 20, 2019, the Supreme Court of Canada (“SCC”) issued a landmark antitrust class action decision in Pioneer Corp. v Godfrey which clarified several (...)

The Delhi High Court holds that the Director General of the CCI has broad powers of investigation (Grasim / CCI)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 17463 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19420 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 18317 visits
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In its Judgment in the Grasim case, a Division Bench of the Delhi High Court held that the DG had broad powers of investigation going beyond the specific subject matter of the CCI’s prima facie order directing an investigation. In June 2011, the CCI had passed an order under Section 26(1), (...)

The Philippine Supreme Court issues rules for inspections for administrative investigations by the Competition Authority
Quisumbing Torres, member firm of Baker & McKenzie International (Manila)
Philippines 1 contribution 35 visits
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Quisumbing Torres, member firm of Baker & McKenzie International (Manila)
Philippines 1 contribution 35 visits
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Quisumbing Torres, member firm of Baker & McKenzie International (Manila)
Philippines 1 contribution 35 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Recent Developments The Supreme Court has recently issued A.M. No. 19-08-06-SC or the "Rule on Administrative Search and Inspection under the Philippine (...)

The Polish Supreme Court confirms a telecommunications company liability for delaying a dawn raid but reduces the fine (T.S.A)
Bird & Bird (Warsaw)
Poland 19 contributions 2723 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 2723 visits
On 10 September 2019, the Polish Supreme Court issued a landmark judgement in which it clarified the applicable rules during a company inspection by the Polish Competition and Consumer Protection Office (UOKiK). As the UOKiK regularly conducts (unannounced) company inspections (or ’dawn raids’), (...)

Regulatory

 The Dutch Competition Authority publishes a sector report on the impact of biosimilars on competition between TNF-alfa inhibitors
Bird & Bird (The Hague)
Netherlands 11 contributions 4619 visits
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Bird & Bird (The Hague)
Netherlands 4 contributions 1195 visits
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Bird & Bird (The Hague)
Netherlands 34 contributions 7753 visits
Dutch competition authority ACM publishes a sector report on the impact of biosimilars on competition between TNF-alfa inhibitors* The Dutch competition authority, ACM, initiated a market study in 2018 into the effect of the introduction of biosimilars on the competition between TNF alfa (...)

The Saudi Arabian Competition Authority see the new Competition Law go into effect
White & Case (Washington)
United States 6 contributions 2870 visits
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White & Case (Dubai)
1 contribution 19 visits
The Kingdom of Saudi Arabia’s new competition regime has gone into effect with potentially significant implications for businesses which are active in the Kingdom and those considering transactions with a Saudi component. The new Competition Law was issued by Royal Decree on 6 March 2019, but (...)

The Dutch Competition Authority publishes a report on the market study about the effects on competition of the introduction of biosimilars
Bird & Bird (The Hague)
Netherlands 34 contributions 7753 visits
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KPN (Amsterdam)
Belgium 33 contributions 6716 visits
On 24 September 2019 the Dutch Authority for Consumers and Markets (ACM) published its report on the 2018 initiated market study about the effects the introduction of biosimilars had on competition between TNF alfa inhibitors on the Dutch market. ACM did not establish violations of competition (...)

The German Federal Minister for Economic Affairs and Energy publishes its reports and recommendations concerning a new European competition law framework for the digital economy
Bird & Bird (Dusseldorf)
Germany 21 contributions 2260 visits
On 9 September 2019 the expert commission “Competition Law 4.0” presented its report and recommendations concerning a new European competition law framework for the digital economy. The Commission of Experts was appointed by the German Federal Minister for Economic Affairs and Energy, Peter (...)

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