Judicial review & Anticompetitive agreements

Foreword Judicial review & Anticompetitive agreements: An overview of EU and national case law Free

The topic guiding this contribution is most easily described by the catchphrase “legal change”. It seeks to shed light on the interplay between courts and competition agencies and how they respond to changes in the environment while further developing the case law in an incremental manner. This article is an update of the survey published one year ago by Concurrences and discusses recent developments in cartel law from 2020 to 2021, both on a national and European level. Judicial review, for these purposes, refers to appeals against administrative decisions in cartel cases. The focus on a relatively short period of time should not obscure the numerous challenges to effective and secure judicial review which have emerged over the course of the past two years.

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University of Copenhagen
Danemark 2 contributions 2928 visites

Anticompetitive practices

 The US District Court for the District of Connecticut dismisses the DoJ’s third no-poach criminal case against six engineering staffing company executives for alleged no-poach agreements (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus) Free
Freshfields Bruckhaus Deringer (Washington)
États-Unis 3 contributions 403 visites
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Freshfields Bruckhaus Deringer (Washington)
États-Unis 1 contribution 264 visites
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Freshfields Bruckhaus Deringer (Washington)
États-Unis 1 contribution 264 visites
On April 28, 2023, a federal judge dismissed the third no-poach criminal case the U.S. Department of Justice (DOJ) had taken to trial. The DOJ indicted six engineering staffing company executives in December 2021, accusing them of restricting the hiring and recruitment of engineers in (...)

The US District Court for the District of Connecticut dismisses the DoJ’s criminal non-solicitation case against six aerospace industry employees and acquits all the defendants (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus) Free
McDermott Will & Emery (Washington)
États-Unis 8 contributions 4059 visites
On April 28, 2023, a US District Court for the District of Connecticut judge dismissed the US Department of Justice’s (DOJ) criminal non-solicitation case against six aerospace industry employees, acquitting all the defendants in U.S. v. Patel, et al. Importantly, the court held that the case, (...)

The US District Court for the District of Connecticut rejects the DoJ’s strict application of the per se rule in labor markets and acquits six defendants of criminal antitrust violations arising out of alleged no-poach agreements (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus) Free
Jones Day (Los Angeles)
États-Unis 5 contributions 3393 visites
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Jones Day (San Francisco)
États-Unis 4 contributions 3024 visites
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Jones Day (San Francisco)
États-Unis 5 contributions 3110 visites
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A Connecticut district court acquitted six defendants of criminal antitrust violations arising out of alleged employee no-poach agreements, marking the first dismissal of a U.S. Department of Justice, Antitrust Division’s ("DOJ") criminal antitrust charges as a matter of law since the early (...)

The US District Court for the District of Connecticut upholds a joint motion of acquittal to hand DoJ another loss in its campaign to criminally prosecute labour market hiring restraints (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Covington & Burling (San Francisco)
États-Unis 1 contribution 37 visites
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Covington & Burling (Washington)
États-Unis 16 contributions 10630 visites
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Covington & Burling (San Francisco)
États-Unis 1 contribution 37 visites
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On April 28, 2023, Judge Victor A. Bolden of the United States District Court for the District of Connecticut granted defendants’ Rule 29 Motion for Judgment of Acquittal in United States v. Patel, stymieing the Justice Department’s latest effort to prosecute agreements among competitors to (...)

The Paris Administrative Court of Appeal affirms the New Caledonian Competition Authority’s decision to dismiss the complaint filed by a competitor firm over the opening of two hypermarket stores in the Païta and Anse Uaré region (Hyper U / SDG-Carrefour)
New Caledonia Competition Authority (Noumea)
Nouvelle-Calédonie 23 contributions 1038 visites
The Paris Administrative Court of Appeal confirms the Authority’s decision to authorize the two Hyper U of the Ballande group* In two judgments of April 13, 2023, the Paris Administrative Court of Appeal has just confirmed in all respects the decisions of the Authority n°2020-DEC-08 and (...)

The Australian Federal Court imposes a fine on an architectural firm and its former MD for attempted bid rigging in a University tender (ARM Architecture / Anthony Allen)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78088 visits
ARM Architecture and its former MD to pay penalties for attempted rigging of university tender* The Federal Court today found architecture firm Ashton Raggatt McDougall Pty Ltd (ARM Architecture) and its former managing director, Anthony (Tony) John Allen had attempted to rig bids for a tender (...)

The UK High Court issues second landmark ruling in a FRAND royalty rates dispute (InterDigital / Lenovo)
Van Bael & Bellis (Brussels)
Belgium 4 contributions 306 visits
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Van Bael & Bellis (Brussels)
Belgium 27 contributions 4891 visits
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Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50338 visits
On 16 March 2023, Justice Mellor J. of the England and Wales High Court issued a landmark judgment in case HP-2019-000032 between InterDigital and Lenovo, the second ever UK ruling to define global fair, reasonable and non-discriminatory (“FRAND”) royalty rates. The case was brought before a UK (...)

The EU Court of Justice sets aside in part the judgments of the General Court and, consequently, annuls the decisions of the Commission ordering inspections at the premises of a number of French undertakings in the distribution sector on account of suspicions of anticompetitive practices (Intermarché Casino Achats)
White & Case (Paris)
France 17 contributions 25072 visites
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White & Case (Brussels)
Belgium 25 contributions 15981 visits
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White & Case (Paris)
France 1 contribution 664 visites
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In its judgments of March 9, 2023 the Court of Justice of the EU (CJEU) annulled the General Court’s (GC) judgment that had partly upheld the European Commission’s (EC) inspection decision, and ruled that the EC had failed to fulfil its obligation to properly record the interviews it conducted (...)

The EU Court of Justice sets aside in part the judgments of the General Court and, consequently, annuls the decisions of the Commission ordering inspections at the premises of a number of French undertakings in the distribution sector on account of suspicions of anticompetitive practices (Les Mousquetaires / ITM Entreprises / Casino / Guichard-Perrachon / Achats Marchandises Casino / Intermarché Casino Achats) Free
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 94891 visits
Judgments of the Court in Cases C-682/20 P |Les Mousquetaires and ITM Entreprises v Commission, C-690/20 P Casino, Guichard-Perrachon and Achats Marchandises Casino v Commission and C-693/20 P Intermarché Casino Achats v Commission* The Court sets aside in part the judgments of the General (...)

The US Court of Appeals for the Second Circuit reinforces that policies of a professional association may constitute direct evidence of a concerted practice without allegations of an "agreement to agree" (Relevent Sports / USSF / FIFA)
FOSS Patents
Allemagne 3 contributions 1115 visites
The U.S. Court of Appeals for the Second Circuit reinforces its holding that a membership-based organization’s policy may constitute direct evidence of concerted action without allegations of an ’agreement to agree’: Relevent Sports v. United States Soccer Federation & Fédération Internationale (...)

The EU Court of Justice confirms that the date of publication of the Commission’s decision in the EU Official Journal is an appropriate starting date for the limitation period applicable to private damages claims (QJ / IP / Deutsche Bank)
Van Bael & Bellis (Brussels)
Belgium 32 contributions 6748 visits
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Van Bael & Bellis (Brussels)
Belgium 7 contributions 607 visits
On 6 March 2023, the European Court of Justice (“ECJ”) issued an order in Joined Cases C-198/22 and C-199/22 (QJ and IP v Deutsche Bank AG), upholding a national rule under which the limitation period for professionals and consumers alike to bring a private damages action starts to run as of the (...)

The Saudi Arabian Competition Authority fines a medical company for withholding evidence in an investigation over an alleged violation of competition law during COVID-19 (MediServ) Free
Saudi Arabian Competition Authority (Riyadh)
Arabie saoudite 15 contributions 1088 visites
The competition announces a penalty for a facility for violating "withholding information and preventing judicial officers from performing their duties assigned to them."* Based on the tasks of the General Authority for Competition and its competences in enforcing the competition system and as (...)

The UK Competition Appeal Tribunal finds that the Competition Authority cannot compel responses to information requests from foreign parents with no UK connection (Volkswagen / BMW)
Clifford Chance (London)
États-Unis 7 contributions 2582 visites
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Clifford Chance (London)
Royaume-Uni 1 contribution 491 visites
The UK Competition Appeal Tribunal (CAT) has ruled that the Competition and Markets Authority (CMA) has no power to compel responses to information requests from foreign parent companies with no connection to the UK, other than their UK-based subsidiaries. Foreign foray frustrated In its (...)

The UK Competition Appeal Tribunal finds in favour of two automobile manufacturer’s challenges against the extraterritorial application of the competition authority’s investigatory powers (Volkswagen / BMW)
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8556 visits
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Herbert Smith Freehills (Brussels)
Belgium 40 contributions 16271 visits
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Herbert Smith Freehills (London)
Royaume-Uni 1 contribution 519 visites
On 8 February 2023, the UK’s Competition Appeal Tribunal (CAT) issued a joint judgment in two cases: BMW AG v CMA and R (on the application of VW AG) v CMA, relating to the territorial scope of the CMA’s information gathering powers under Section 26 of the Competition Act 1998 (CA98). The CAT (...)

The EU Court of Justice partially overturns the General Court’s judgment on procedural grounds, and clarifies the presumption of innocence in hybrid investigations and scope of restrictions by object in information exchanges (HSBC)
Covington & Burling (Brussels)
Belgium 47 contributions 17007 visits
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Covington & Burling (Brussels)
Belgique 6 contributions 1121 visites
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Covington & Burling (Brussels)
Belgique 2 contributions 152 visites
On 12 January 2023, the European Court of Justice (“ECJ”) published its long-awaited judgment in C 883/19 P HSBC v Commission. The ECJ confirmed that HSBC had engaged in anti-competitive conduct but partially overturned the General Court’s (“GC”) judgment on procedural grounds. The judgment (...)

The EU Court of Justice upholds Commission’s decision in a banking group cartel case, and gives guidance on presumption of innocence in hybrid settlements (HSBC)
Van Bael & Bellis (Brussels)
Belgium 27 contributions 4891 visits
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Van Bael & Bellis (Brussels)
Belgique 380 contributions 90654 visites
On 12 January 2023, the Court of Justice of the European Union (“ECJ”) dismissed an appeal lodged by HSBC against a General Court judgment partially upholding the Commission’s decision in the Euro interest rate derivatives (“EIRD”) cartel case. In 2013, the European Commission adopted a decision (...)

The EU Court of Justice upholds the annulment of a €33.6M fine against a banking group on the rationale that the presumption of innocence was vitiated by two errors in law (HSBC)
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 94891 visits
Competition in the Euro Interest Rate Derivatives sector: the Court of Justice upholds the annulment of the € 33.6 million fine imposed on the HSBC Group* The HSBC Group is a banking group, and one of its activities is global banking and markets. HSBC Holdings is the parent company of HSBC (...)

The French Supreme Court takes a position on the legal basis for judicial price control, taking into particular consideration the notion of advantages without counterparts under French competition law (OC Résidences)
Juliette Desvaux (Paris)
1 contribution 150 visites
The Cour de Cassation ruled that judicial control on the price can be exercised on the basis of the sanction of « advantages without counterpart » (former art. L. 442-6 I 1° and actual art. L. 442-1 1° CCom, after ordonnance of April 24, 2019), not only on the basis of the sanction of « submission (...)

The Italian Council of State confirms the existence of a cartel in the market for corrugated cardboard sheets and corrugated cardboard packaging but asks the Competition Authority to reformulate the fines (GIFCO)
Luiss Guido Carli University (Rome)
Italie 7 contributions 2299 visites
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Luiss Guido Carli University (Rome)
Italy 15 contributions 11087 visits
In 2019, the Italian Competition Authority (ICA) concluded an investigation and found that two separate agreements had been implemented to distort the competitive dynamics in the market for corrugated cardboard sheets and the market for corrugated cardboard packaging, respectively, in violation (...)

The EU Court of Justice AG Rantos advises that the judgement of the General Court is set aside, reasoning that sporting club rules do not breach competition law where they are proportionate and objectively justified (International Skating Union)
Van Bael & Bellis (Brussels)
Belgium 27 contributions 4891 visits
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Van Bael & Bellis (Brussels)
Belgique 380 contributions 90654 visites
On 15 December 2022, Advocate General (“AG”) Rantos issued an opinion in which he recommended that the Court of Justice of the EU should set aside a General Court judgment largely upholding a 2017 Commission decision that the eligibility rules of the International Skating Union (the “ISU”) had (...)

The EU Court of Justice AG Rantos proposes that the judgment of the General Court confirming the anticompetitive nature of rules of an international ice skating organisation should be set aside when the rules pursue a legitimate sporting objective and are proportionate (International Skating Union) Free
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 94891 visits
Advocate General Rantos proposes that the judgment of the General Court which had confirmed the anticompetitive nature of rules of the International Skating Union should be set aside* He proposes that the case be referred back to the General Court The International Skating Union (‘the ISU’) (...)

The Luxembourg Administrative Tribunal modifies and upturns the Competition Authority’s fine on a food supplier for resale price maintenance, and affirms the right of a leniency applicant to benefit from the principle of legitimate expectation (Bahlsen / Delhaize / Auchan)
Bonn & Schmitt (Luxembourg)
Luxembourg 27 contributions 87983 visits
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Bonn & Schmitt (Luxembourg)
Luxembourg 1 contribution 72 visites
Introduction On 6 January 2015, the Luxembourg Competition Authority (formerly the Competition Council, hereinafter “Authority”) opened an investigation against the food supplier Bahlsen on suspicion of aligning resale prices to consumers. After a search of the supplier’s headquarters on 15 and (...)

The EU General Court dismisses an appeal in its entirety and confirms a fine of €9.44M for three retail food packaging companies which colluded to fix prices and allocate customers (CCPL)
Van Bael & Bellis (Brussels)
Belgium 27 contributions 4891 visits
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Van Bael & Bellis (Brussels)
Belgique 380 contributions 90654 visites
On 7 December 2022, the General Court dismissed the appeal brought by Consorzio Cooperative di Produzione e Lavoro, Coopbox Group and Coopbox Eastern (together, the “Applicants”) against a re-adopted Commission decision in the Retail Food Packaging cartel case (Case T-130/21, CCPL and Others v (...)

The US District Court of Connecticut gives a ruling in a motion filed by the defendants in the aerospace’s labor market allocation case to dismiss an indictment on various grounds related to the per se rule (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Robert Connolly Law (Philadelphia)
États-Unis 22 contributions 4855 visites
The defendants in the aerospace’s labor market allocation case, US v. Patel, No.3-21-cr-220 (D. Conn. Dec. 2, 2022) (VAB), filed a motion to dismiss the indictment on various grounds related to the application of the per se rule in a criminal trial. These grounds include: 1) the conduct charged (...)

The German Federal Court of Justice confirms that a factual presumption of harm exists in cases of anticompetitive information exchanges (Schlecker)
CDC Cartel Damage Claims (Brussels)
Belgique 5 contributions 3330 visites
On 5 January 2023, the German Federal Court of Justice (Bundesgerichtshof, BGH) published an important judgment in relation to follow-on damage actions relating to the so-called German drugstore products cartel (Case KZR 42/20). In its ruling, Germany’s highest civil court also confirmed a (...)

The German Federal Court of Justice roundly rejects claims that cartel behaviour was ’harm-free’, which would have allowed the cartelists to avoid a presumption of injury, and declares the behaviour constituted a hardcore infringement (Schlecker)
Hausfeld (Berlin)
Allemagne 11 contributions 3008 visites
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Hausfeld (Berlin)
Allemagne 1 contribution 93 visites
In several jurisdictions, claimants’ burden of proof for the existence of injury is a major hurdle to traditional cartel damage claims. To avoid a presumption of injury under the settled case law of the German Federal Court of Justice (Bundesgerichtshof, (“BGH”) for hard-core cartels, cartelists (...)

The German Federal Court of Justice extends the factual presumption of damages to anticompetitive information exchange to give a further boost to victims’ claims against cartels (KWR working group)
Blomstein (Berlin)
Allemagne 3 contributions 165 visites
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Higer Regional Court (Berlin)
1 contribution 58 visites
Dirty laundry in the “KWR” working group A total of 15 manufacturers of branded drugstore products were involved in the so-called drugstore products cartel. From at least 2004 to 2006, they regularly informed each other about (planned) gross price increases and the status of negotiations with (...)

The Germany Federal Court of Justice rules that an exchange of secret information between competitors about pricing strategies for a common customer gives rise to a factual presumption of harm (Schlecker)
Fieldfisher (Düsseldorf)
Allemagne 1 contribution 43 visites
Introduction In the Schlecker case, (BGH, decision of 29 November 2022, KZR 42/20, Schlecker. The BGH’s press release can be found here.) the Federal Court of Justice (BGH) dealt with claims by a drugstore chain against manufacturers for damages on the grounds of excessive prices. In contrast (...)

The Italian Council of State partially upholds the Competition Authority’s decision to fine undertakings for cartel conduct in the market for production and marketing of corrugated cardboard packaging (Alliabox / Ondulati del Salvio / Sandra / Topazzini)
Herbert Smith Freehills (Milan)
Italie 7 contributions 29638 visites
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Herbert Smith Freehills (Milan)
Italie 1 contribution 44 visites
The Consiglio di Stato (the Italian Supreme Administrative Court) has upheld the decision of the Italian Competition Authority ("ICA"), and confirmed the existence of price fixing and market sharing cartels concerning the production and marketing of corrugated cardboard packaging. The Consiglio (...)

The Spanish Commercial Court No. 15 of Madrid rules against exclusivity agreements in the sports industry (World Padel Tour / Premier Padel Circuit)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45111 visits
The Commercial Court no 15 of Madrid has dismissed the request for interim measures seeking to halt the Premier Padel circuit competition and preventing players from participating in this championship. In May 2022, World Padel Tour (WPT) filed a lawsuit before Madrid Commercial Court No. 15 (...)

The German Higher Regional Court of Düsseldorf dismisses the appeal of two technical building service providers fined for bid-rigging; and follows the CJEU precedent to hold that the limitation period for the prosecution of bid-rigging cartels begins at the point the relevant contract is awarded
Herbert Smith Freehills (Düsseldorf)
Germany 20 contributions 5444 visits
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Herbert Smith Freehills (Düsseldorf)
Germany 14 contributions 4128 visits
Facts of the case In December 2019, the Federal Cartel Office ("FCO") fined eleven technical building service providers approximately €110m for participation in a bid rigging cartel. The FCO’s investigation was initiated in November 2014 following a leniency application. According to the FCO, (...)

The US Southern District Court, Southern District of New York grants a "motion to dismiss" filed by a professional baseball organisation on the basis of its historic antitrust immunity (Major League Baseball)
BakerHostetler (Philadelphia)
États-Unis 1 contribution 46 visites
Yer Out (For Now): MLB Dismissed from Antitrust Lawsuit Because of Historic Antitrust Exemption* In a decision that stunned no one (yet will garner plenty of headlines), a federal district court granted a motion to dismiss filed by Major League Baseball (MLB) on the basis of its storied (...)

The Australian Competition Authority files a civil lawsuit against an architecture company and its former managing director over alleged bid rigging (ARM Architecture)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78088 visits
ARM Architecture in court over alleged cartel conduct for university project* The ACCC has today launched civil proceedings in the Federal Court against Ashton Raggatt McDougall Pty Ltd (ARM Architecture) and its former managing director, Anthony (Tony) John Allen, alleging they engaged in (...)

The Croatian High Administrative Court affirms a decision by the Competition Authority to fine four companies for bid rigging, price fixing and other anticompetitive behaviour (Agro-Vir / Agrodalm / Diljexport / Marino-LučKo)
Croatian Competition Agency (Zagreb)
Croatia 115 contributions 18354 visits
HIGH ADMINISTRATIVE COURT REJECTS THE CLAIMS AGAINST THE CCA INFRINGEMENT DECISION IN BID RIGGING CARTEL IN PUBLIC PROCUREMENT INVOLVING UNDERTAKINGS AGRO-VIR, AGRODALM, DILJEXPORT AND MARINO-LUČKO* In its ruling of 14 September 2022, the High Administrative Court of the Republic of Croatia (...)

The US Court of Appeals for the Seventh Circuit rules that hypothetical monopolist test remains "best approach" for geographic market analysis in healthcare context (Vasquez / Indiana University Health)
Hausfeld (Washington)
États-Unis 1 contribution 737 visites
Vasquez v. Indiana Univ. Health, Inc., et al. is a resurrected antitrust suit brought by a local vascular surgeon against Indiana University Health (“IU Health”) and its subsidiary, Bloomington Hospital. The Seventh Circuit reversed and remanded, concluding that the district court had erred in (...)

The US District Court for the Northern District of California issues a decision on a decertification order in a long-running class action dispute concerning class-wide damages model (Freitas / Cricket Wireless)
Covington & Burling (Washington)
États-Unis 1 contribution 728 visites
On July 29, Judge William Alsup of the Northern District of California issued a decertification order in a long-running class action dispute concerning Cricket Wireless’s 4G advertising, ruling that plaintiff’s counsel made “too critical a mistake” in fashioning their class-wide damages model. See (...)

The EU Court of Justice partially annuls the decision of the Commission but upholds the amounts of the fines imposed for the optical disk drives cartel (Optical Disk Drives Cartel)
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 94891 visits
Cartel on the market for optical disk drives: the Court partially annuls the decision of the Commission but upholds the amounts of the fines imposed* The Commission failed to satisfy its obligation to state reasons by finding that, in addition to their participation in a single and continuous (...)

The EU Court of Justice partially annuls a Commission decision in an anticompetitive tender agreement case in the optical disk drive market but upholds the amounts of fines imposed (Optical Disk Drives Cartel)
Van Bael & Bellis (Brussels)
Belgique 2 contributions 471 visites
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Van Bael & Bellis (Brussels)
Belgium 27 contributions 4891 visits
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Van Bael & Bellis (Brussels)
Belgique 380 contributions 90654 visites
On 16 June 2022, the Court of Justice of the European Union (“ECJ”) issued four judgments in which it partially annulled earlier judgments of the General Court, which had upheld the 2015 Commission Decision in relation to the optical disk drives (“ODDs”) cartel case. In that case, the Commission (...)

The EU Court of Justice sets out the criteria for defining a dominant position in connection with exclusionary practices on the basis of anticompetitive effects of the conduct of an incumbent operator in the context of the liberalisation of the electricity market (Servizio Elettrico Nazionale)
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 94891 visits
The Court of Justice sets out the criteria for defining a dominant position in connection with exclusionary practices on the basis of anticompetitive effects of the conduct of an incumbent operator in the context of the liberalisation of the electricity market* This case has arisen in the (...)

The UK Competition Appeal Tribunal rules on first ever carriage dispute in UK FX Cartel Class action (Evans / O’Higgins)
Ashurst (London)
Royaume-Uni 3 contributions 548 visites
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Ashurst (London)
Royaume-Uni 14 contributions 2382 visites
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Ashurst (London)
Royaume-Uni 7 contributions 1300 visites
On 31 March 2022, the Competition Appeal Tribunal (’CAT’) refused to certify two claims advanced against a number of UK banks for their participation in a foreign exchange spot rate manipulation cartel as opt-out collective proceedings. The novel issue before the CAT at the certification hearing (...)

The Lithuanian Supreme Administrative Court affirms the decision of the national competition authority to fine two companies a total of over €170K for cartel behaviour (Jadrana / Pasvalio melioracija)
Lithuanian Competition Authority (Vilnius)
Lithuania 100 contributions 19286 visits
Dispute over fines to cartelists settled in court* On March 30 the Supreme Administrative Court of Lithuania (Court) has approved settlement agreements between the Lithuanian competition authority Konkurencijos taryba and the companies Jadrana and Pasvalio melioracija in which EUR 18,720 and (...)

The UK Competition Appeal Tribunal rules that class action proceedings may only be brought on an opt-in basis where the class of potential complainants is sophisticated and thus opt-in is practicable (Evans / O’Higgins)
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8556 visits
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Herbert Smith Freehills (London)
Royaume-Uni 1 contribution 353 visites
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Herbert Smith Freehills (London)
Royaume-Uni 1 contribution 353 visites
The UK Competition Appeal Tribunal (“CAT“) has ruled for the first time that collective proceedings can only proceed on an opt-in basis, rather than the opt-out basis sought by the class applicants. The ruling came in the O’Higgins/Evans case, concerning two competing applications for a Collective (...)

The EU General Court dismisses the appeals of airlines fined for forming a cartel and upholds the €790M fine (Airfreight cartel)
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 94884 visits
Cartel on the airfreight market: the General Court rules on actions brought by multiple airlines* On 9 November 2010, the European Commission adopted a decision [1] against multiple undertakings operating on the airfreight market (‘the carriers’) which had participated in a pricing cartel (...)

The EU General Court dismisses appeals by 13 airlines against a readopted decision which imposed fines of €799M for price coordination (Airfreight cartel)
Van Bael & Bellis (Brussels)
Belgique 8 contributions 1623 visites
On 30 March 2022, the General Court of the European Union (“General Court”) handed down thirteen separate judgments on appeals brought by airfreight carriers against the Commission’s re-adopted decision in the Airfreight case. Background In November 2010, the European Commission (“Commission”) (...)

The Supreme People’s Court of China issues a judgment which finds that a patent settlement agreement constitutes a horizontal monopoly agreement in violation of Anti-Monopoly Law (Huaming / Taipu)
Ashurst (Singapore)
Singapour 13 contributions 14836 visites
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Ashurst (Abū Dhabī)
Émirats arabes unis 5 contributions 1149 visites
The Supreme People’s Court of China (’SPC’) issued a judgment on 21 March 2022 which found that a patent settlement between Shanghai Huaming Power Equipment Manufacturing (’Huaming’) and Wuhan Taipu Transformer Switch (’Taipu’) constituted a horizontal monopoly agreement in violation of China’s (...)

The Estonian Supreme Court dismisses complaint which requires the Competition Authority to continue supervising the pricing policy of a postal company (AS Express post)
Estonian Competition Authority (Tallinn)
Estonie 11 contributions 1346 visites
The Supreme Court did not satisfy the complaint of Eesti Post against the Estonian Competition Authority* On Monday, 14 March, the Supreme Court dismissed the complaint of AS Eesti Post, the purpose of which was to oblige the Estonian Competition Authority to continue supervision over the (...)

The US District Court for the District of Minnesota indicts a concrete company and its CEO for rigging bids for public contracts (Kamida)
US Department of Justice (Washington)
États-Unis 163 contributions 68109 visites
Minnesota Concrete Company and its CEO Indicted for Rigging Bids for Public Contracts* Second charge filed for long-running conspiracy that targeted local governments and public schools in Minnesota A federal grand jury returned an indictment charging Kamida Inc., a Minnesota-based concrete (...)

The Copenhagen City Court rules that two companies sanctioned for illegally submitting a joint bid for a road marking project shall not face criminal penalties because the requisite intent or gross negligence could not be proven (LKF Vejmarkering / Eurostar Danmark)
Danish Competition and Consumer Authority (Copenhagen)
Danemark 127 contributions 34934 visites
Companies behind illegal road marking consortium avoid sanctions* On 11 February 2022, the City Court of Copenhagen ruled that the companies LKF Vejmarkering (now GVCO) and Eurostar Danmark must not pay fines for infringing the Competition Act. Three individuals also avoided sanctions. In (...)

The US Chief Administrative Law Judge Chappell dismisses the charges in a complaint issued by the FTC staff against a tobacco company and an electronic cigarette maker for entering into a series of agreements that eliminated competition (Altria Group / JUUL Labs)
US Federal Trade Commission (FTC) (Washington)
United States 154 contributions 37797 visits
Administrative Law Judge Dismisses FTC Antitrust Complaint against Altria Group and JUUL Labs, Inc.* In an Initial Decision announced on Feb. 24, 2022, Chief Administrative Law Judge D. Michael Chappell dismissed the antitrust charges in a complaint issued by the Federal Trade Commission staff (...)

The Australian Competition Tribunal denies authorisation for collective bargaining by ten coal producers and their trade body with national port (NSW Minerals Council / Port of Newcastle)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78088 visits
Tribunal denies authorisation for collective bargaining at Port of Newcastle* The Australian Competition Tribunal has today denied authorisation for the NSW Minerals Council and ten mining companies to collectively negotiate the terms and conditions, including price, of access to the Port of (...)

The EU General Court affirms EU Commission’s decision to accept ’light-touch’ commitments from a Russian gas exporter to avoid a fine for anticompetitive behaviour and reverses another Commission decision with similar facts because the rationale was inadequate (Gazprom / Polskie Górnictwo Naftowe i Gazownictwo)
Van Bael & Bellis (Brussels)
Belgium 46 contributions 11329 visits
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Van Bael & Bellis (Brussels)
Belgique 32 contributions 6748 visites
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Toyota (Brussels)
Belgique 36 contributions 7494 visites
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Gazprom: General Court confirms Commission’s commitment decision but annuls a decision based on similar grounds to reject a complaint against Gazprom On 2 February 2022, the General Court of the European Union (the “Court”) issued two judgments which follow the European Commission’s (the (...)

The US District Court for the District of Colorado acquits a Denver-based healthcare company and its former CEO on no-poach agreements in alleged violation of the Sherman Act (DaVita / Thiry)
Dechert (Philadelphia)
États-Unis 3 contributions 701 visites
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University of Chicago - Law School
États-Unis 1 contribution 247 visites
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Dechert (Chicago)
États-Unis 1 contribution 247 visites
Key Takeaways Colorado federal jury acquitted a healthcare company and its former CEO of antitrust charges that they violated the Sherman Act by entering into agreements with other health care companies not to recruit each other’s employees. As an early test of the Antitrust Division’s 2018 (...)

The US DOJ in a landmark case indicts and brings to trial a healthcare company and its former CEO for employee no-poach agreements (DaVita / Thiry)
McDermott Will & Emery (Chicago)
États-Unis 3 contributions 1825 visites
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McDermott Will & Emery (Chicago)
États-Unis 2 contributions 694 visites
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McDermott Will & Emery (Washington)
États-Unis 8 contributions 4059 visites
In a landmark case of first impression, the US Department of Justice’s (DOJ) Antitrust Division (Division) indicted and brought to trial a federal criminal prosecution alleging agreements between DaVita, Inc., its former CEO Kent Thiry and other companies not to solicit each other’s employees. (...)

The US FTC issues a statement made by Chair Lina M. Khan following the imposition of a lifetime ban against a pharmaceutical executive (Martin Shkreli)
US Federal Trade Commission (FTC) (Washington)
United States 154 contributions 37797 visits
Statement of Chair Lina M. Khan on the Ruling by Judge Denise L. Cote Federal Trade Commission et al v. Vyera Pharmaceuticals, LLC et al* Today, U.S. District Court Judge Denise Cote held “Pharma Bro” Martin Shkreli liable for antitrust claims brought by the Federal Trade Commission and a group (...)

The US District Court for the Southern District of New York imposes a lifetime ban against a pharmaceutical executive and requires $65M payment for antitrust violation (Martin Shkreli)
Rutgers University (New Brunswick)
États-Unis 26 contributions 23527 visites
On January 14, 2022, the U.S. District Court for the Southern District of New York imposed a lifetime ban on “Pharma Bro” Martin Shkreli, perhaps the most notorious “bad actor” in the pharmaceutical industry, and required that he pay $65 million in excess profits he obtained from anticompetitive (...)

The Italian Supreme Court holds that legal effects on downstream contracts of an anti-competitive scheme are governed by national law and such contracts cannot be deemed automatically void in their entirety by invoking EU law (Albatel / Intesa Sanpaolo / Bosco)
Portolano Cavallo (Milan)
Italie 60 contributions 8879 visites
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Portolano Cavallo (Milan)
Italie 32 contributions 6017 visites
On December 30, 2021, the Joint Section of the Italian Court of Cassation (which is the last-instance court for civil matters) issued a landmark judgment clarifying the criteria to determine the civil law consequences of “downstream” contracts with respect to an upstream framework arrangement (...)

The US Supreme Court grants a motion to hear a constitutional challenge to the per se rule in a criminal antitrust case (Lischewski)
Robert Connolly Law (Philadelphia)
États-Unis 22 contributions 4855 visites
Will the Supreme Court Grant Certiorari and Review the Per Se Rule?* I have no expertise in predicting whether the Supreme Court will grant certiorari on any given petition. But I am hopeful that the high court will do so on the issue of whether the application of the per se rule in a criminal (...)

The US District Court for the Eastern District of Texas rejects a motion to dismiss a per se Sherman Act violation by former executives at a staffing company for wage fixing in the market for physical therapists and assistants (Neeraj Jindal / John Rodgers)
Robert Connolly Law (Philadelphia)
États-Unis 22 contributions 4855 visites
District Court Finds Antitrust Division’s First Wage Fixing Indictment Alleges a Per Se Violation* On November 29, 2021 in U.S. v. Neeraj Jindal and John Rodgers, Civil Action No. 4:20-CR-00358A (N.D. Texas), District Court Judge Amos L. Mazzant rejected defendants’ motion to dismiss the (...)

The Cypriot Administrative Court upholds the Competition Authority’s fine imposed on the national telecommunications authority for setting unfair prices (Cyprus Telecommunications Authority)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Chypre 58 contributions 7327 visites
The Administrative Court has upheld the decision of the Commission for the Protection of Competition and the fine imposed on the Cyprus Telecommunications Authority for infringements of the Protection of Competition Law of 2008 * The Administrative Court of the Republic of Cyprus has, by its (...)

The EU Court of Justice issues a long-awaited judgment clarifying the extent of an undertaking’s liability in follow-on actions (Sumal / Mercedes Benz Trucks España)
Portolano Cavallo (Milan)
Italie 60 contributions 8879 visites
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Portolano Cavallo (Milan)
Italie 32 contributions 6017 visites
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Portolano Cavallo (Milan)
Italie 4 contributions 1249 visites
On October 6, 2021, the Grand Chamber of the Court of Justice of the European Union (the “ECJ” or “Court”) issued a long-awaited decision in case C-882/19, Sumal SL (“Sumal”) v Mercedes Benz Trucks España SL (“MBTE”). The judgment shed light on whether, under EU competition law, the victim of an (...)

The EU Court of Justice issues its judgment concerning the question of whether a subsidiary can be held liable for the anti-competitive behaviour of its parent company (Sumal / Mercedes Benz Trucks España)
Latham & Watkins (Brussels)
Belgique 2 contributions 911 visites
Red pill or blue pill? The European Court of Justice makes its choice: subsidiaries can be held liable for the infringements of their parent companies (Case C-882/19 – Sumal)* On 6 October 2021, the European Court of Justice (ECJ) issued its very much-awaited judgment in case C-882/19 Sumal, (...)

The EU Court of Justice endorses downward liability by deciding that parties harmed by anticompetitive conduct may claim damages directly against subsidiary companies (Sumal / Mercedes Benz Trucks España)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45111 visits
The Judgment of the European Union Court of Justice (CJEU) of 6 October 2021, Sumal, case C-882/19, addresses a request for a preliminary ruling from the provincial court of Barcelona in late 2019. The court is addressing the appeal brought by Sumal after the first instance court had dismissed (...)

The EU General Court dismisses five separate appeals in an electrolytic capacitors cartel case, including on increased fines for repeat offenses and partial immunity from fines (NEC / Nichicon / Tokin / Rubycon / Nippon Chemi-Con)
Van Bael & Bellis (Brussels)
Belgique 27 contributions 4891 visites
On 29 September 2021, the European General Court (“EGC”) dismissed in five separate judgments appeals lodged by Japanese producers, namely NEC Corporation, Nichicon Corporation, Tokin Corporation, Rubycon and Nippon Chemi-Con Corporation, against a decision adopted by the European Commission (...)

The EU General Court maintains the fines imposed by the Commission on several undertakings for their participation in a cartel on the market for aluminum and tantalum electrolytic capacitors (NEC / Nichicon / Tokin / Rubycon / Nippon Chemi-Con)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 28747 visits
The General Court maintains the fines imposed by the Commission on several undertakings by reason of their participation in a cartel on the market for aluminium electrolytic capacitors and tantalum electrolytic capacitors * By decision of 21 March 2018 [1], the Commission imposed a total fine (...)

The New Zealand High Court imposes a $150K penalty over cartel conduct for taxi pick-up trips from Wellington Airport (Hutt / City Taxis)
New Zealand Commerce Commission (Wellington)
Nouvelle-Zélande 148 contributions 21450 visites
Penalty imposed for taxi cartel conduct* The High Court has ordered Hutt and City Taxis Limited (Hutt & City) to pay a penalty of $150,000 in relation to fixing the prices of taxi fares. Statement of Preliminary Issues released on EROAD/Coretex clearance application The Commission filed (...)

The Danish Eastern High Court upholds a decision by the City Court of Roskilde and sentences an electric utility company to pay a fine for market sharing (Sydkystens Automatik)
Danish Competition and Consumer Authority (Copenhagen)
Danemark 127 contributions 34934 visites
High Court upholds fine for Electrician Company in competition case on market sharing* The Danish Eastern High Court has upheld a December 2020 decision by the City Court of Roskilde and has sentenced the company Sydkystens Automatik to pay a fine of DKK 400.000 (€ 53.800) in a competition (...)

The US State of California Superior Court for the County of Contra Costa awards $15 million in damages, plus attorney fees, to a cannabis company following a string of anticompetitive practices from its competitors (Richmond Compassionate Care Collective / Koziol)
Constantine Cannon (New York)
États-Unis 2 contributions 549 visites
Budding Antitrust Activity in the Cannabis Industry: Lessons from Richmond Compassionate Care Collective v. Koziol* As the cannabis industry continues to blossom from the backwoods into a multi-billion dollar bonanza, the antitrust spotlight is poised to increasingly shine on the industry’s (...)

The EU General Court upholds the Commission’s decision to fine a multinational telecommunications company €124.5M for gun jumping (Altice / PT Portugal)
Cleary Gottlieb Steen & Hamilton (Brussels)
France 22 contributions 51835 visites
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 5 contributions 1223 visites
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 7 contributions 4800 visites
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On September 22, 2021, the General Court upheld the European Commission’s decision to fine Altice Europe NV, a multinational telecommunications company, for prematurely implementing its acquisition of PT Portugal. Altice had engaged in conduct that contributed to the change in control of PT (...)

The Spanish Supreme Court upholds suspending the start of proceedings to determine the scope and duration of public procurement bans on grounds of competition offences (Transporte Escolar Murcia)
Herbert Smith Freehills (Madrid)
Espagne 22 contributions 31514 visites
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Herbert Smith Freehills (Madrid)
Espagne 3 contributions 643 visites
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Herbert Smith Freehills (Madrid)
Espagne 12 contributions 2032 visites
The Spanish Supreme Court (SC) has delivered a judgment in which it confirmed that courts are able to issue injunctive relief to temporarily prevent decisions on penalties rendered by the National Markets and Competition Commission (the Comisión Nacional de los Mercados y la Competencia, or (...)

The Australian Competition Authority accepts a court-enforceable undertaking after a bathroom ware supplier admits to likely resale price maintenance (Nero Bathrooms)
Ashurst (Sydney)
États-Unis 17 contributions 2296 visites
Nero Bathrooms International Pty Ltd (trading as Nero Tapware) ("Nero"), a national supplier of bathroom-ware products, admitted it likely engaged in resale price maintenance by withholding supply of its products from a retailer when that retailer refused to raise its advertised prices. Key (...)

The UK Competition Appeal Tribunal certifies the first competition class action on behalf of 46 million consumers who suffered loss as a result of anti-competitive interchange fees imposed by a payment company between 1992 and 2008 (Merricks / MasterCard)
Ashurst (London)
Royaume-Uni 14 contributions 2382 visites
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Ashurst (London)
Royaume-Uni 13 contributions 2319 visites
On 18 August 2021, the UK’s Competition Appeal Tribunal ("CAT") certified the application by Mr Walter Merricks CBE to bring an opt-out class action on behalf of 46 million UK consumers who suffered loss as a result of anticompetitive interchange fees imposed by Mastercard between 1992 and 2008. (...)

The US Court of Appeals for the Second Circuit dismisses antitrust claims against two Chinese pharmaceutical companies for reasons of international comity (Animal Science Products / Hebei Welcome Pharmaceutical)
Cleary Gottlieb Steen & Hamilton (New York)
États-Unis 1 contribution 233 visites
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Cleary Gottlieb Steen & Hamilton (New York)
États-Unis 1 contribution 233 visites
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Cleary Gottlieb Steen & Hamilton (New York)
États-Unis 1 contribution 233 visites
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The U.S. Court of Appeals for the Second Circuit recently issued a 2-1 decision in In re Vitamin C Antitrust Litig., dismissing antitrust claims against two Chinese pharmaceutical companies for reasons of international comity in a case that has lasted over 15 years. On August 10, 2021, the (...)

The US FTC withdraws from the remaining case against a pharmaceutical company after the Supreme Court decides to strip consumers of relief (AbbVie / Allergan)
US Federal Trade Commission (FTC) (Washington)
États-Unis 154 contributions 37798 visites
Federal Trade Commission Withdraws Remaining Case against AbbVie after Supreme Court Decision Strips Consumers of Relief* After the Supreme Court declined to review a ruling from the Third Circuit that AbbVie used sham litigation to illegally maintain a monopoly, the Federal Trade Commission (...)

The Ninth Arbitration Appeal Court of Moscow upholds the Russian Competition Authority’s decision finding six companies guilty of engaging in cartel activity through the setting and maintenance of high prices (Trives Trade / MedExpert / Optomed / Maltri / Orto)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54422 visites
Appeal supported FAS in the case of orthopedic products cartel* Six companies set recommended prices and sanctions for non-compliance with them in order to maintain the highest possible cost of products sold. The authority imposed fines on companies in the amount of more than 31 million rubles (...)

The Spanish Commercial Court of Granada grants the first €1.8m award for damages in a milk cartel case (Corporación Alimentaria Peñasanta / Puleva Food / Central Lechera de Galicia)
Callol, Coca & Asociados (Madrid)
Espagne 169 contributions 45111 visites
By Decision of 26 February 2015, INDUSTRIAS LACTEAS, file S/0425/12, the CNMC declared the existence of a cartel in the dairy industry, sanctioning several dairy companies for having reached agreements on purchase prices and distribution of supply sources, allowing the companies total control (...)

The Australian Federal Court dismisses the Competition Authority’s case against port commitment deeds in New South Wales (NSW Ports)
Australian Competition and Consumer Commission (Canberra)
Australie 370 contributions 78088 visites
Court dismisses ACCC case against NSW Ports* The Federal Court has dismissed the ACCC’s proceedings against NSW Ports Operations Hold Co Pty Ltd and its subsidiaries Port Botany Operations Pty Ltd and Port Kembla Operations Pty Ltd (together: NSW Ports). The proceedings concerned agreements, (...)

The US Supreme Court upholds a decision stating that the restrictions imposed by the sports association on education-related compensation for student-athletes violate the antitrust laws (NCAA / Alston)
Baker & Miller (Washington)
États-Unis 1 contribution 218 visites
More to Supreme Court’s NCAA decision than just sports* Introduction There has been a plethora of articles about the Supreme Court’s 21 June 2021 decision upholding a decision that the restrictions imposed by the National Collegiate Athletic Association (NCAA) on education-related compensation (...)

The US Supreme Court prohibits a sports professional association from imposing conditions on its members as it violates antitrust law through "naked" wage-fixing of student-athletes (NCAA / Alston)
Robert Connolly Law (Philadelphia)
États-Unis 22 contributions 4855 visites
Some “Twinkling of the Eye” Thoughts on NCAA v. Alston* The Supreme Court’s decision in Nat’l Collegiate Athletic Ass’n v. Alston, Nos. 20-512 and 20-520, 2021 WL 2519036, (U.S. June 21, 2021) is a boost for the Antitrust Division’s commitment to prosecute what it calls naked “wage fixing” and “no (...)

The US Supreme Court rules that an association’s restrictions on compensation for college athletes in conjunction with educational expenses amount to an illegal price-fixing agreement in violation of antitrust laws (NCAA / Alston)
Hausfeld (Washington)
États-Unis 8 contributions 9152 visites
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Hausfeld (Washington)
États-Unis 1 contribution 327 visites
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Hausfeld (Washington)
États-Unis 7 contributions 945 visites
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In a unanimous decision, the Supreme Court today ruled (in Alston v. NCAA) that the National Collegiate Athletic Association’s restrictions on compensation to college athletes in conjunction with educational expenses amount to an illegal price-fixing agreement in violation of the antitrust (...)

The US Supreme Court unanimously affirms that a school sports association’s compensation limits for “education-related benefits” violate antitrust law (NCAA / Alston)
Hausfeld (Washington)
États-Unis 7 contributions 945 visites
On June 21, 2021, the Supreme Court unanimously affirmed the Northern District of California’s findings in National Collegiate Athletic Association v. Alston concerning the NCAA’s rules limiting college athlete compensation. Leaving no doubt about the need for existential change from within the (...)

The US Supreme Court affirms lower court decisions that certain restrictions imposed by a national sports association on educational benefits for student-athletes violate antitrust laws, a decision that may help future antitrust defendants (NCAA / Alston)
Bona Law (Detroit)
États-Unis 23 contributions 5292 visites
On June 21, 2021, the U.S. Supreme Court affirmed lower court decisions and held that certain NCAA restrictions on educational benefits for student-athletes violated Sherman Act Section 1. The unanimous opinion was a clear win for the plaintiff class and almost certainly will lead to big (...)

The US Supreme Court upholds a district court injunction finding unlawful certain sport association rules limiting the education-related benefits schools may make available to student-athletes (NCAA / Alston)
Mercatus Center - George Mason University (Arlington)
États-Unis 8 contributions 16376 visites
The Supreme Court Misses the Big Consumer Welfare Picture in NCAA v. Alston* In its June 21 opinion in NCAA v. Alston, a unanimous U.S. Supreme Court affirmed the 9th U.S. Circuit Court of Appeals and thereby upheld a district court injunction finding unlawful certain National Collegiate (...)

The US Supreme Court prohibits an association from restraining student-athlete education-related benefits while recognizing the association still retains considerable flexibility to regulate such benefits (NCAA / Alston)
Jones Day (Washington)
États-Unis 2 contributions 931 visites
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Jones Day (Colombus)
États-Unis 3 contributions 1228 visites
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Jones Day (Washington)
États-Unis 21 contributions 7190 visites
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The Court’s ruling that certain NCAA rules violate antitrust law opens the door for student-athletes to receive additional benefits. But it does not extend to compensation relating to athletic performance, conferences remain free to pass their own rules independently, and universities may decide (...)

The Indian Karnataka High Court dismisses petitions by 2 major online retailers challenging the probe ordered by the Competition Authority against them for alleged violations of Competition Law (Amazon / Flipkart)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 41093 visites
Amazon and Flipkart lose (first) battle against Antitrust probe -Karnataka High Court dismisses the writ petition against CCI prima facie order* So, is it the beginning of the end of the Amazon (and Flipkart’s) combined market dominance or, at least, their allegedly vertical anti-competitive (...)

The German Federal Court of Justice finds narrow price parity clauses anticompetitive (Booking.com)
Van Bael & Bellis (Brussels)
France 163 contributions 55186 visites
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Van Bael & Bellis (Brussels)
Belgique 28 contributions 3672 visites
On 18 May 2021, the German Federal Court of Justice (“FCJ”) overturned the ruling of the Higher Regional Court of Düsseldorf concerning the use of (so-called) ‘narrow’ price parity clauses by Booking.com (“Booking”). These clauses, which were included in contracts concluded between Booking and hotels (...)

The German Federal Court of Justice rules that an online hotel booking platform’s “narrow” best price clause violates antitrust law (Booking.com)
Bird & Bird (Dusseldorf)
Allemagne 2 contributions 929 visites
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Bird & Bird (Dusseldorf)
Allemagne 4 contributions 963 visites
On May 18, 2021, the Federal Court of Justice (“FCJ”) ruled that Booking.com’s “narrow” best price clause violates Article 101 (1) TFEU (the cartel prohibition) as well. Thereby the FCJ overruled the Higher Regional Court of Düsseldorf which held that “narrow” best price clauses were not (...)

The Latvian Supreme Court upholds the Competition Authority’s decision to fine three amelioration system builders for participating in a cartel in construction project procurements (Limbazu Melio / Bauskas / Meliorācijas)
Latvian Competition Council (Riga)
Lettonie 116 contributions 22683 visites
The court upholds the Competition Council’s decision regarding the established cartel in the land amelioration sector* By its 14 May decision not to initiate cassation proceedings, the Supreme Court upheld the decision of the Competition Council (CC) by which in 2018 the institution established (...)

The EU Court of Justice publishes the summary of an appeal by a sports association against a General Court’s decision stating that standards restricting athlete participation in rival events infringe Article 101 TFEU (International Skating Union)
Norton Rose Fulbright (Brussels)
Royaume-Uni 26 contributions 22488 visites
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Covington & Burling (Brussels)
Belgique 2 contributions 563 visites
In May 2021, the Court of Justice of the European Union (“CJEU”) published the summary of an appeal filed by the International Skating Union (“ISU”) against a ruling from the General Court (“GC”) which found that ISU rules restricting athletes from taking part in rival events infringed Article 101 (...)

The Cypriot Administrative Court annuls a decision that imposed a fine of €20.7M on petroleum companies (ExxonMobil / Hellenic Petroleum / Petrolina / Coral)
Trojan Economics (Nicosia)
Chypre 11 contributions 2183 visites
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Stelios Americanos & Co (Nicosia)
Chypre 2 contributions 630 visites
The joined cases were brought before the Administrative Court of Cyprus (hereinafter the “Court”) by ExxonMobil Cyprus Ltd, Hellenic Petroleum Cyprus Ltd, Petrolina (Holdings) Public Ltd and Coral Energy Products Cyprus Ltd (hereinafter the “petroleum companies”) against the Commission for the (...)

The Irish Competition Authority seeks a High Court order on its proposed agreement with a national furniture retailer to avoid engaging in resale price maintenance (Coach House)
Irish Competition Authority (Dublin)
Irlande 91 contributions 14713 visites
CCPC seeks High Court order on Coach House agreement* In April 2019, the Competition and Consumer Protection Commission (CCPC) opened an investigation into suspected anti-competitive practices by Chairs Limited, which trades under the name “Coach House” in the Republic of Ireland. Coach House is (...)

The EU Court of Justice releases AG Pitruzzella’s opinion stating that a national court can order a subsidiary company to pay compensation for the harm caused by the anticompetitive conduct of its parent company (Sumal / Mercedes Benz Trucks España)
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 94884 visits
According to Advocate General Pitruzzella, a national court can order a subsidiary company to pay compensation for the harm caused by the anticompetitive conduct of its parent company in a case where the Commission has imposed a fine solely on that parent company* For that to be the case, the (...)

The EU Court of Justice AG Pitruzzella issues the opinion that a national court may attribute liability to a subsidiary for the harm resulting from its parent company’s anticompetitive conduct by applying economic unit theory (Sumal / Mercedes Benz Trucks España)
Matheson (Dublin)
Irlande 13 contributions 1336 visites
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Matheson (Dublin)
Irlande 2 contributions 350 visites
Irish subsidiary companies should be aware that they may be ordered to pay fines or compensation as a result of a parent company breaching competition law, and corporate groups should take this risk into account in the design of intra-group operations and competition law compliance programmes. (...)

The US Court of Appeals for the Fifth Circuit upholds the FTC’s ruling regarding an unlawful pay-for-delay agreement in the pharmaceutical sector (Endo / Impax)
Clifford Chance (Washington)
États-Unis 1 contribution 823 visites
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LCLD Leadership Council on Legal Diversity (Washington)
États-Unis 3 contributions 1066 visites
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Baker Botts (Washington)
États-Unis 2 contributions 896 visites
On April 13, 2021, the U.S. Court of Appeals for the Fifth Circuit upheld the Federal Trade Commission’s (“FTC” or “Commission”) ruling that the “reverse-payment” settlement agreement between Endo Pharmaceuticals Inc. (“Endo”) and Impax Laboratories LLC (“Impax”) violated federal antitrust laws. The (...)

The US Court of Appeals for the Fifth Circuit upholds the FTC’s ruling finding a generic drugmaker liable for anticompetitive infringements through a “reverse payment” settlement with a brand manufacturer (Endo / Impax)
Hausfeld (Philadelphia)
États-Unis 1 contribution 280 visites
On April 13, 2021, the U.S. Court of Appeals for the Fifth Circuit upheld the Federal Trade Commission’s ruling that generic drug maker Impact Laboratories, LLC (now owned by Amneal Pharmaceuticals) engaged in an anticompetitive “reverse payment” settlement with brand manufacturer Endo (...)

The US Court of Appeals for the Fifth Circuit upholds the FTC’s decision in the first fully litigated reverse payment decision against generic pharmaceutical companies (Endo / Impax)
Cleary Gottlieb Steen & Hamilton (Washington)
États-Unis 5 contributions 1012 visites
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Cleary Gottlieb Steen & Hamilton (Washington)
États-Unis 12 contributions 23129 visites
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American Antitrust Institute (Washington)
États-Unis 1 contribution 456 visites
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On April 13, the U.S. Court of Appeals for the Fifth Circuit affirmed the Federal Trade Commission’s decision that Impax Laboratories entered an anticompetitive “reverse payment” settlement with Endo Pharmaceuticals. This case was the FTC’s first fully litigated reverse payment case since the (...)

The US Court of Appeals for the Fifth Circuit rules that showing that the reverse payment settlement eliminated the possibility of an earlier generic entry is enough to infer anticompetitive effects (Endo / Impax)
Jones Day (New York)
États-Unis 1 contribution 259 visites
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Jones Day (Washington)
États-Unis 2 contributions 451 visites
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Jones Day (Washington)
États-Unis 5 contributions 975 visites
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In Short The Background: In the Supreme Court’s landmark 2013 decision in FTC v. Actavis, the Court determined that large payments by branded drugmakers to potential generic entrants to settle patent disputes could be anticompetitive. It instructed district courts to apply the "rule of reason" (...)

The Lithuanian Supreme Administrative Court rejects the Competition Authority’s appeal and upholds the decision of the Court of First Instance which ordered to revisit the joint bid-rigging fine imposed on two container ship companies (Jadrana / Pasvalio melioracija)
Lithuanian Competition Authority (Vilnius)
Lituanie 100 contributions 19286 visites
Lithuanian Competition Authority will have to redecide on individualisation of fines for cartelists The Supreme Administrative Court of Lithuania (Court) rejected the appeal of the Lithuanian competition authority and upheld the decision of the court of first instance which ordered the (...)

The Dutch Trade and Industry Appeal Tribunal rules that the Competition Authority rightly imposed a fine for cartel violation in cold stores sector (Eimskip / Kloosbeheer / Samskip / H&S Coldstores)
Stibbe (Amsterdam)
Pays-Bas 2 contributions 1483 visites
This ruling is part of a case that has been going on for years. It concerns a cartel in the cold storage sector. The background to the case is as follows. Four companies from this sector were fined for three different cartel violations with fines ranging from €450,000 to €9.6 million. In addition (...)

The EU Court of Justice confirms the pay-for-delay infringement decision in the pharmaceutical sector (Lundbeck)
Van Bael & Bellis (Brussels)
Belgique 27 contributions 4891 visites
On 25 March 2021, the European Court of Justice (“ECJ”) dismissed all appeals against the 2016 rulings of the General Court which had upheld the European Commission’s (“Commission”) decision to fine Lundbeck and four generic pharmaceutical companies (Merck, Alpharma, Arrow and Ranbaxy) for (...)

The EU Court of Justice confirms the decision of the Commission to impose fines on several pharmaceutical companies (Lundbeck)
Hogan Lovells (Düsseldorf)
Allemagne 4 contributions 1160 visites
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Hogan Lovells (Düsseldorf)
Allemagne 10 contributions 3720 visites
In the much-anticipated Lundbeck case (i.a. C-591/16 P), the European Court of Justice (“ECJ”) on 25th March 2021 confirmed the decision of the European Commission (“Commission”) to impose fines on Lundbeck and several generics companies. The case concerns a pay-for-delay agreement dating back to (...)

The EU Court of Justice confirms the General Court’s judgment and Commission’s decision on pharmaceutical pay-for-delay agreements (Lundbeck)
Portolano Cavallo (Milan)
Italie 60 contributions 8879 visites
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Portolano Cavallo (Milan)
Italie 32 contributions 6017 visites
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Portolano Cavallo (Milan)
Italie 3 contributions 833 visites
On March 25, 2021, the Court of Justice of the European Union (ECJ) ruled on appeal in the Lundbeck case, confirming the previous judgement of the General Court (GC) that upheld the decision of the European Commission (Commission) on pharmaceutical “pay-for-delay” agreements (Case AT.39226 — (...)

The EU Court of Justice dismisses the appeals of several manufacturers of medicines involved in an agreement seeking to delay the marketing of the generic antidepressant citalopram (Lundbeck)
White & Case (Brussels)
Belgique 33 contributions 12214 visites
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White & Case (Düsseldorf)
France 31 contributions 12726 visites
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White & Case (Brussels)
Belgique 38 contributions 64551 visites
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On 25 March 2021, the European Court of Justice ("ECJ") dismissed all the appeals against the European Commission’s decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement agreements. The judgments largely repeat the position taken by the ECJ (...)

The UK Court of Appeal confirms the High Court’s decision taking into account the claimant’s insolvency in considering whether it could have discovered the facts of the cartel to enable it to plead a viable claim (Granville / Infineon)
Hausfeld (London)
Royaume-Uni 11 contributions 1535 visites
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Hausfeld (London)
Royaume-Uni 1 contribution 166 visites
The Court of Appeal (CoA) judgment in Granville v Infineon concerns the scope of the claimant’s duty of reasonable diligence in circumstances where facts of the harmful conduct were concealed from the claimant. The CoA dismissed the defendants’ appeal and confirmed that the High Court was correct (...)

The EU Court of Justice dismisses the appeals of several pharmaceutical companies involved in an agreement seeking to delay the marketing of a generic antidepressant (Lundbeck)
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 94884 visits
The Court of Justice dismisses the appeals of a number of manufacturers of medicines involved in an agreement seeking to delay the marketing of the genericantidepressant citalopram* The European Commission had imposed on them fines of almost € 150 million From the late 1970’s, the Danish (...)

The EU Court of Justice dismisses the appeals of several manufacturers of medicines and upholds the Commission’s decision regarding a pay-for-delay infringement (Lundbeck)
Herbert Smith Freehills (Brussels)
Belgique 108 contributions 68714 visites
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Herbert Smith Freehills (London)
Royaume-Uni 3 contributions 1543 visites
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Herbert Smith Freehills (Brussels)
Belgique 18 contributions 5727 visites
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On 25 March 2021, the Court of Justice of the EU (“CJEU”) dismissed the appeals by Lundbeck and five producers of generic medicines against the General Court’s (GC) judgments that upheld the Commission’s decision and the fines it had imposed in its first pay-for-delay infringement decision in 2013. (...)

The EU Court of Justice dismisses the appeals of several manufacturers of medicines against the General Court’s judgment upholding the Commission’s pay-for-delay infringement decision (Lundbeck)
Covington & Burling (Brussels)
Belgique 2 contributions 1072 visites
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Latham & Watkins (Brussels)
Belgique 4 contributions 947 visites
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Norton Rose Fulbright (Brussels)
Royaume-Uni 26 contributions 22488 visites
On 25 March 2021, the Court of Justice of the European Union (“CJEU”) dismissed the appeals by Lundbeck, Merck KGaA (and Generics UK), Arrow, Alpharma (and Xellia) and Ranbaxy, against the General Court’s (“GC”) judgment upholding the European Commission’s (“Commission”) 2013 pay-for-delay (...)

The EU Court of Justice confirms the judgment of the General Court that the pay-for-delay agreements concluded between originator and generics manufacturers were by-object restrictions (Lundbeck)
Ashurst (Brussels)
Belgium 36 contributions 8602 visits
The European Court of Justice ("ECJ") confirmed the judgment of the General Court ("GC") upholding the European Commission’s pay-for-delay decision. The ruling held that the originator and generics manufacturers must be considered potential competitors despite Lundbeck’s process patents, and (...)

The Lithuanian Supreme Administrative Court upholds the Competition Authority’s decision regarding a cartel between 26 driving schools and their professional association (Driving schools cartel)
Lithuanian Competition Authority (Vilnius)
Lituanie 100 contributions 19286 visites
SUPREME ADMINISTRATIVE COURT OF LITHUANIA UPHOLDS COMPETITION AUTHORITY’S DECISION ON DRIVING SCHOOLS’ CARTELS* Driving schools and the Lithuanian association of driving schools (Association) which agreed to set prices of driving services for consumers will not avoid sanctions for cartel (...)

The EU Court of Justice dismisses appeals by several manufacturers of medicines regarding pay-for-delay patent settlement agreements (Lundbeck)
Van Bael & Bellis (Brussels)
France 37 contributions 20651 visites
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Van Bael & Bellis (Brussels)
Belgique 19 contributions 7426 visites
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Van Bael & Bellis (Brussels)
Royaume-Uni 145 contributions 50338 visites
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On 25 March 2021, the Court of Justice of the European Union (CJEU) dismissed all appeals against the decision of the European Commission (the Commission) to fine Lundbeck and four generic pharmaceutical companies (Alpharma, Arrow, Merck, and Ranbaxy) for concluding “pay-for-delay” patent (...)

The Australian Federal Court orders a wholesaler of cycling accessories and sporting products to pay $350,000 for engaging in resale price maintenance (FE Sports)
Ashurst (Brisbane)
Australie 4 contributions 500 visites
The Federal Court of Australia has ordered that FE Sports, a wholesaler of cycling accessories and sporting products, pay AUD 350,000 (among other orders) for engaging in resale price maintenance ("RPM"). FE Sports admitted to the conduct. Key takeaways Suppliers must not prevent, or attempt (...)

The Australian Federal Court fines a sports brand for resale price maintenance (FE Sports)
Australian Competition and Consumer Commission (Canberra)
Australie 370 contributions 78088 visites
FE Sports to pay $350,000 penalty for resale price maintenance* The Federal Court has ordered wholesale distributor B & K Holdings (QLD) Pty Ltd, trading as FE Sports, to pay a $350,000 penalty after it declared by consent that FE Sports engaged in resale price maintenance in relation to (...)

The Indian Gujarat High Court grants a stay on the Competition Authority’s interim order to re-list the properties of two hotel companies on several online hotel booking portals (MMT-Go / Treebo / FabHotels)
Shardul Amarchand Mangaldas (New Delhi)
Inde 58 contributions 16035 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 56 contributions 15403 visites
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Shardul Amarchand Mangaldas (Mumbai)
États-Unis 70 contributions 19174 visites
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The CCI issued an interim order under Section 33 of the Competition Act directing MakeMy Trip India Pvt. Ltd. (MMT) and Ibibo Group Private Limited (Go-Ibibo) (together MMT-Go) to re-list properties of FabHotels and Treebo on their online hotel booking portals. This order was passed in the (...)

The EU Court of Justice reduces fine imposed on a company in the steel abrasives cartel case (Pometon)
Van Bael & Bellis (Brussels)
France 37 contributions 20651 visites
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Van Bael & Bellis (Brussels)
Belgique 19 contributions 7426 visites
On 18 March 2021, the European Court of Justice (“ECJ”) delivered its judgment in Pometon SpA v European Commission (Case C-440/19) in connection with the Steel Abrasives cartel case. In its judgment, the ECJ partially upheld the appeal in so far as it found that the General Court had breached (...)

The Danish High Court founds that the agreement fixing the price of subscriptions concluded by a natural gas company had an anticompetitive intent and breached the Competition Act (Hovedstadsregionens og Midt-Nords Naturgasselskab I/S)
Bird & Bird (Copenhagen)
Danemark 36 contributions 7592 visites
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Bird & Bird (Copenhagen)
Danemark 9 contributions 3677 visites
The Danish High Court has affirmed that Article 6(1) of the Danish Competition Act (corresponding to Article 101(1) TFEU), was infringed by a natural gas company, Hovedstadsregionens og Midt-Nords Naturgasselskab I/S (“HMN”), the trade association and two subcontractors, as these parties entered (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s finding that a pharmaceutical company broke competition law by exchanging information (Lexon)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 363 contributions 90463 visites
Tribunal upholds CMA decision on pharma collusion and £1.2m fine The Competition Appeal Tribunal has today upheld the CMA’s finding that Lexon broke competition law, dismissing Lexon’s appeal. Last year, the Competition and Markets Authority (CMA) concluded its investigation into the supply of (...)

The French Supreme Court rules that an undertaking continues to be involved in a cartel if it keeps receiving invitations to participate without clearly distancing itself and makes other participants interpret that it shares their objectives (Goodmills Deutschland / Grands moulins de Paris)
European Commission - DG COMP (Brussels)
France 15 contributions 3221 visites
On 10 February 2021, the French Supreme Court (Cour de cassation) ruled that an undertaking continues to be involved in a cartel if it keeps receiving invitations to participate without clearly distancing itself and when other participants interpret that this undertaking shares their (...)

The Swedish Patent and Market Court of Appeal rejects damages claim by mobile phone subscriptions company against its mobile network supplier and wholesaler because concurrence of wills was not proven (Telesport / TeliaSonera Mobile Networks / Svea Billing Services)
Stockholm University
Suède 6 contributions 8184 visites
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Delphi (Stockholm)
Suède 1 contribution 43 visites
SUMMARY The case relates to a stand-alone claim for damages brought by Telesport AB (Telesport) against TeliaSonera Mobile Networks AB (Telia) and Svea Billing Services AB (Svea Billing). Telesport claimed that the two defendants had entered into an anticompetitive agreement or engaged in a (...)

The Czech Competition Authority upholds the decision on a prohibited agreement in the rail freight transport sector (AWT / Interfracht / Argo Logistics / Spedica)
Czech Competition Authority (Brno)
République tchèque 40 contributions 5524 visites
THE CHAIRMAN OF THE OFFICE UPHELD THE DECISION IN CARPATHIA CARTEL CASE, ONE OF THE FINES SUBJECT TO REASSESSMENT* The Chairman of the Office, Petr Mlsna, upheld the decision on a prohibited agreement in the field of rail freight transport, the so-called Carpathia Cartel. The Chairman of the (...)

The EU Court of Justice confirms that private equity sponsors can be held financially liable for competition law infringements committed by indirectly managed portfolio companies (Goldman Sachs)
Matheson (Dublin)
Irlande 13 contributions 1336 visites
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Matheson (Dublin)
Irlande 6 contributions 1320 visites
Key takeaways On 27 January 2021, the Court of Justice of the European Union (CJEU) issued its judgment in Goldman Sachs Group Inc. v European Commission (GS judgment) which confirms that PE sponsors can be held financially liable for competition law infringements committed by indirectly (...)

The EU Court of Justice confirms that financial investors can incur parental liability for the anticompetitive practices of their portfolio companies (Goldman Sachs)
Dechert (Paris)
France 46 contributions 65163 visites
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Dechert (Paris)
France 20 contributions 24693 visites
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Dechert (Paris)
France 19 contributions 19094 visites
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The European Court of Justice has confirmed that financial investors can incur parental liability for the anticompetitive practices of portfolio companies, even (...)

The EU Court of Justice declares that financial investors are liable for anti-competitive conduct of portfolio companies (Goldman Sachs)
White & Case (Paris)
France 1 contribution 217 visites
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Dechert (Paris)
France 46 contributions 65163 visites
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Dechert (Paris)
France 20 contributions 24693 visites
The European Court of Justice has confirmed that financial investors can incur parental liability for the anticompetitive practices of portfolio companies, even after an IPO that left the investor holding only a minority stake in the company, provided that they still have sufficient (...)

The EU Court of Justice confirms the liability of a parent company for the conduct of its subsidiaries involved in a cartel (Goldman Sachs)
Herbert Smith Freehills (Brussels)
Belgique 108 contributions 68714 visites
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Herbert Smith Freehills (Brussels)
Belgique 40 contributions 16271 visites
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European Commission - DG COMP (Brussels)
Belgique 4 contributions 1393 visites
On 27 January 2021, the Court of Justice of the EU (CJEU) dismissed in its entirety an appeal brought by the Goldman Sachs Group (Goldman Sachs) against a General Court ruling which confirmed Goldman Sachs’ joint and several liability in the 2014 power cables cartel (judgment here). The CJEU (...)

The EU Court of Justice confirms the scope of liability for investors in companies involved in cartels (Goldman Sachs)
Ashurst (Brussels)
Belgium 36 contributions 8602 visits
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Ashurst (London)
Royaume-Uni 18 contributions 6114 visites
On 27 January 2021, the Court of Justice of the European Union ("the Court") upheld the €37.3 million fine imposed on Goldman Sachs as a result of the involvement of portfolio company Prysmian in the power cables cartel. The ruling has held that in the circumstances of this case, Goldman Sachs, (...)

The EU Court of Justice confirms that a parent company is jointly liable for the conduct of a former subsidiary involved in a cartel in the high-voltage power cable sector (Goldman Sachs)
White & Case (Brussels)
Belgique 49 contributions 37078 visites
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Norton Rose Fulbright (Brussels)
Belgique 2 contributions 1045 visites
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White & Case (London)
United Kingdom 25 contributions 12693 visits
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The European Court of Justice (the "ECJ") has confirmed the EU General Court’s (and the European Commission’s) finding that Goldman Sachs was jointly liable for the conduct of a former subsidiary, Prysmian, which the Commission fined for its involvement in the high voltage power cables cartel (...)

The EU Court of Justice upholds the General Court’s ruling on the EU Commission’s duty to pay default interest on reimbursed fines (Printeos)
Ashurst (Brussels)
Belgique 11 contributions 6083 visites
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Ashurst (Brussels)
Belgium 36 contributions 8602 visits
On 20 January 2021 the European Court of Justice ("ECJ") upheld the General Court’s ruling on the European Commission’s duty to pay default interest on reimbursed fines as a form of restitutio in integrum, clarifying the rate to be applied and that late payment of interest will itself incur (...)

The EU Court of Justice provides guidance on the end date of bid-rigging cartels (Eltel)
European Commission - DG COMP (Brussels)
France 15 contributions 3221 visites
On 14 January 2021, the European Court of Justice (“ECJ”) handed down a judgment on a reference for a preliminary ruling from the Finnish Supreme Administrative Court (“FSAC”), in which it provides guidance on the duration of a company’s participation in a bid-rigging infringement. According to the (...)

The EU Court of Justice delivers a preliminary ruling setting out guidance on when an anticompetitive agreement on submitting prices in the context of a call for tenders is considered to come to an end (Eltel)
Ashurst (Brussels)
Belgium 36 contributions 8602 visits
On 14 January 2021, the European Court of Justice delivered a preliminary ruling (case C-450/19) setting out guidance on when an anticompetitive agreement on submitting prices in the context of a call for tenders is considered to come to an end. This ruling has important implications for the (...)

The EU Court of Justice clarifies that infringements end when it is no longer possible to restrict competition regarding bid-rigging (Kilpailu- ja kuluttajavirasto)
Hogan Lovells (Munich)
Allemagne 46 contributions 23793 visites
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Hogan Lovells (Munich)
Allemagne 4 contributions 1971 visites
On 14 January 2021 the Court of Justice of the European Union (“CJEU”) delivered its ruling on national reference in Kilpailu- ja kuluttajavirasto , a key judgment on the legal end-point of single and continuous infringements in general and bid-rigging cartels in particular. In previous (...)

The EU Court of Justice rules that the duration of an infringement in the case of bid-rigging ends once the essential characteristics of the public tender are determined (Eltel)
Covington & Burling (Brussels)
Belgium 47 contributions 17007 visits
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Covington & Burling (London)
Royaume-Uni 6 contributions 1407 visites
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Covington & Burling (Brussels)
Belgique 14 contributions 5545 visites
Introduction In its preliminary ruling of 14 January 2021, the Court of Justice of the European Union (“CJEU”) clarified that the duration of an infringement in the case of bid rigging ends once the essential characteristics of the public tender are determined – which in practice likely means at (...)

The EU Court of Justice decides that participation in a bid-rigging cartel ends when the basic characteristics of the contract between the parties are determined (Eltel)
Nedelka Kubáč advokáti (Prague)
République tchèque 1 contribution 127 visites
When Is Participation In A Bid-Rigging Cartel Deemed To Have Ceased To Exist?* On 14 January 2021, the Court of Justice of the European Union (“CJEU”) confirmed that participation in a bid-rigging cartel ends when the basic characteristics of the contract between the “successful” tenderer and the (...)

The EU Court of Justice rules that cartel infringements end when competition is no longer restricted (Kilpailu- ja kuluttajavirasto)
Hogan Lovells (Munich)
Allemagne 46 contributions 23793 visites
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Hogan Lovells (Munich)
Allemagne 4 contributions 1971 visites
In previous decisions the European Court of Justice ("ECJ") had ruled that cartel infringements continue as long as they have economic effects. This was partly interpreted to mean that a bid-rigging cartel only ends with the final payment of the cartelized price or the competition of the (...)

The EU Court of Justice confirms that a bid-rigging infringement ends when the essential characteristics of the contract are concluded with the contracting authority (Eltel)
Hannes Snellman (Helsinki)
Finlande 23 contributions 2912 visites
On 14 January 2021, the Court of Justice of the European Union (CJEU) issued a preliminary ruling relating to a Finnish bid-rigging case stating that a bid-rigging infringement ends on the day the essential characteristics of the contract, in particular the price, are concluded with the (...)

The Latvian Supreme Court confirms the conclusion of the Competition Authority’s restrictions on the cremation market (Rīgas satiksme)
Latvian Competition Council (Riga)
Lettonie 116 contributions 22683 visites
A judgment of the Supreme Court confirms the conclusion of the Competition Council on competition restriction on the cremation market of Riga* Already in 2015 the Competition Council of The Republic of Latvia (the CC), after conducted sector inquiry, raised alarm concerning the disorganised (...)

The Hong Kong Competition Tribunal issues fines against six decoration contractors and two individuals for engaging in cartel conduct in contravention of section 6 of the Competition Ordinance which prohibits anti-competitive agreements (Fungs / Yee Hing / Cheung Min / Hing Shing / Luen Hop / Dao Kee...)
Ashurst (Singapore)
Singapour 13 contributions 14836 visites
On 5 January 2021, the Hong Kong Competition Tribunal ("Tribunal") issued fines totalling approximately HKD 3.26 million against six decoration contractors and two individuals for engaging in cartel conduct in contravention of section 6 of the Competition Ordinance ("Ordinance"), which (...)

The Italian Supreme Administrative Court rejects the Competition Authority’s judgment, ruling that the allocation of broadcasting rights is not the result of an anticompetitive agreement between companies in the pay-TV sector (League / Infront / Sky / Mediaset)
Luiss Guido Carli University (Rome)
Italie 27 contributions 5213 visites
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Bird & Bird (Rome)
Italie 19 contributions 3927 visites
On 28 December 2020, the Italian Supreme Administrative Court (Consiglio di Stato – "CDS") issued a judgment marking the last act in the national judicial dispute related to the assignment of the Lega Serie A (i.e. the main national professional league in Italy – "the League") broadcasting rights (...)

The Italian Council of State upholds the lower court’s annulment of the Competition Authority’s decision to fine broadcasters for an alleged anti-competitive agreement in the pay-TV service sector (League / Infront / Sky / Mediaset)
Ashurst (Brussels)
France 45 contributions 45502 visites
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Ashurst (Milan)
France 102 contributions 28815 visites
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Ashurst (Brussels)
Belgique 11 contributions 6083 visites
On 12 December 2020, Italy’s highest administrative court, the Council of State, upheld the annulment of the Italian Competition Authority’s ("ICA") decision to fine broadcasters Mediaset and Sky Italia, the Italian Football League, and marketing agency Infront a total of €66m for an alleged (...)

The UK Competition Appeal Tribunal rejects concrete producer procedure-based appeal against concrete pipe cartel fine (FPM)
Government Legal Department (London)
Royaume-Uni 18 contributions 2390 visites
On 22 December 2020, the UK’s Competition Appeal Tribunal (“CAT”) rejected concrete producer FP McCann’s appeal of a decision by the Competition and Markets Authority (“CMA”) fining it for its participation in a cartel in the supply of pre-cast concrete drainage products. FP McCann appealed the CMA’s (...)

The UK Competition Appeal Tribunal dismisses the appeal of a Northern Irish producer against its £25.4 million fine for participating in a cartel concerning the supply of concrete drainage products (FPM)
Ashurst (London)
Royaume-Uni 21 contributions 4195 visites
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Ashurst (London)
Royaume-Uni 3 contributions 212 visites
In October 2019, the Competition and Markets Authority ("CMA") imposed fines totalling £36 million on three Northern Irish concrete producers, including FP McCann ("FPM"), for participating in a cartel in relation to the supply of concrete drainage products between July 2006 and March 2013 (see (...)

The Spanish National Court annuls the Competition Authority’s decision imposing fines on several companies for taking part in four cartels (Cementos)
Herbert Smith Freehills (Madrid)
Espagne 22 contributions 31514 visites
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Herbert Smith Freehills (Madrid)
Espagne 12 contributions 2032 visites
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Herbert Smith Freehills (Brussels)
Belgique 40 contributions 16271 visites
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The National Court has annulled the CNMC’s decision in case S/DC/0525/14 CEMENTOS. In this case, the CNMC fined a number of companies for taking part in four cartels, which constituted four separate single and continuous infringements. However, the National Court, found that the conditions for (...)

The Spanish Second-Instance Court reduces the overcharge in an appeal against a judgment awarding damages in the context of a follow-on action deriving from the EU Commission’s decision to fine a cartel of trucks manufacturers (Iveco / Trucks cartel)
Ashurst (Madrid)
Espagne 13 contributions 2069 visites
On 18 December 2020, a Spanish second-instance court (Audiencia Provincial de Asturias, "APA") issued a ruling partially endorsing an appeal brought by IVECO S.a.P. ("IVECO") against a judgment awarding damages to one of its customers in the context of a follow-on action deriving from the EU (...)

The EU General Court rules that sports associations can not stop athletes from competing in third-party events (International Skating Union)
King & Spalding (Brussels)
Belgique 10 contributions 4935 visites
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King & Spalding (Brussels)
Belgique 8 contributions 1590 visites
On 16 December 2020, the General Court largely confirmed the European Commission’s Decision according to which the International Skating Union’s (the “ISU”) rules on eligibility are contrary to EU competition law. However, it partially annulled the Commission’s Decision on the ground that it failed (...)

The EU General Court judges that sports federations’ rule of banning athletes for participation in unauthorized events can – in certain circumstances – constitute a by object infringement of Article 101 TFEU (International Skating Union) Free
Latham & Watkins (Brussels)
Belgique 12 contributions 4538 visites
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Herbert Smith Freehills (Brussels)
Belgique 3 contributions 378 visites
By its Judgment of 16 December 2020, the General Court (‘GC’) confirms the European Commission’s (‘Commission’) Decision finding that the International Skating Union’s (‘ISU’) governance rules violate competition law. The Judgment backs the Commission’s conclusion that the ISU’s rules banning athletes (...)

The EU General Court delivers ruling on the application of competition law to sports authorization rules and upholds the role of the Court of Arbitration for Sport (International Skating Union)
Norton Rose Fulbright (Brussels)
Belgique 2 contributions 1045 visites
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White & Case (Düsseldorf)
France 31 contributions 12726 visites
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White & Case (Geneva)
2 contributions 720 visites
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The General Court of the European Union (the "General Court") has confirmed this week that the eligibility rules of the International Skating Union ("ISU"), which penalized athletes participating in competitions not authorized by the ISU, infringe EU competition law. While the EU General Court (...)

The EU General Court issues a judgment stating that an international skating union may apply a prior authorization system for third party events only if the applicable rules and procedures are fair, transparent, and proportionate (International Skating Union)
Free University of Brussels (ULB)
Belgium 17 contributions 29213 visits
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Ashurst (Brussels)
Belgium 36 contributions 8602 visits
On 16 December 2020 the General Court of the European Union (the "Court") issued an important ruling in the International Skating Union ("ISU") case. While accepting that sports governing bodies may apply a prior authorisation system for third party events to ensure that all sports competitions (...)

The EU General Court confirms that the rules of a sports union providing severe penalties for athletes taking part in other speed skating events are contrary to EU competition law (International Skating Union)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 28747 visits
The General Court confirms that the rules of the International Skating Union (ISU) providing for severe penalties for athletes taking part in speed skating events not recognised by it are contrary to EU competition law* On the other hand, the Commission was wrong to dispute the ISU’s (...)

The Finnish Market Court confirms that an association of driving schools has breached competition law by issuing price recommendations that sought to increase the price level of driving lessons (Uusimaa association of driving schools)
Hannes Snellman (Helsinki)
Finlande 23 contributions 2912 visites
On 15 December 2020, the Market Court agreed with the submission of the Finnish Competition and Consumer Authority ("FCCA"), that the regional association of driving schools in Finland’s most populous region, Uusimaa, ("Association") as well as the Association’s Board members, had breached (...)

The EU Court of Justice annuls the Commission’s settlement decision for its failure to consider adverse effects on third party interests (Paramount / Sky / Groupe Canal+)
European Commission - DG COMP (Brussels)
France 15 contributions 3221 visites
On 9 December 2020, the European Court of Justice (“ECJ”) upheld Canal +’s appeal against the General Court’s (“GC”) judgment that had upheld the Commission’s commitments decision in the Paramount case, and annulled the GC’s judgment as well as the Commission decision (Case C-132/19 P). The ECJ, (...)

The EU Court of Justice sets aside a judgment of the General Court upholding a decision of the Commission to make binding commitments offered by an American film studio on cross-border pay-TV services (Paramount)
Ashurst (London)
Royaume-Uni 13 contributions 2319 visites
On 9 December 2020, the European Court of Justice ("ECJ") set aside a judgment of the General Court upholding a 2016 decision by the European Commission ("Commission") to make binding commitments offered by Paramount on cross-border pay-TV services. This is the first time that a commitment (...)

The EU Court of Justice annuls the Commission’s decision on a pay-TV service company’s commitments for breaching the principle of proportionality (Paramount / Sky / Groupe Canal +)
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 22 contributions 7044 visites
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Greenomy (Brussels)
Belgique 1 contribution 189 visites
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 37 contributions 37317 visites
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On December 9, 2020, the Court of Justice of the European Union granted Canal+’s application to annul the European Commission’s decision under Article 9 of Regulation No. 1/2003 to adopt commitments offered by Paramount (the “Commitments Decision”). The commitments prohibited Paramount from (...)

The EU Court of Justice annuls a Commission’s decision accepting legally binding commitments offered by a company aimed at addressing an investigation into cross-border pay-TV in the EU (Paramount / Sky / Groupe Canal +)
Herbert Smith Freehills (London)
Royaume-Uni 44 contributions 8556 visites
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Herbert Smith Freehills (Brussels)
Belgique 40 contributions 16271 visites
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Herbert Smith Freehills (Brussels)
Belgique 3 contributions 328 visites
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On 9 December 2020, the Court of Justice of the EU (“CJEU”) annulled a European Commission decision accepting legally binding commitments offered by Paramount aimed at addressing a Commission investigation into cross-border pay-TV in the EU (the “Paramount Commitment Decision”). The CJEU also set (...)

The EU Court of Justice overturns a decision and declares a settlement between a company in the pay-TV service and the Commission null and void (Paramount / Sky / Groupe Canal+)
Hogan Lovells (Düsseldorf)
Allemagne 2 contributions 424 visites
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Hogan Lovells (Düsseldorf)
Allemagne 10 contributions 3720 visites
Settlements are a frequently used means of efficiently terminating proceedings, not only in cartel cases but also in other antitrust proceedings. The EU Commission can avoid having to spend resources on a time-consuming investigation and there are advantages for the companies concerned as well: (...)

The EU Court of Justice annuls the Commission’s decision that made commitments legally binding for companies in the pay-TV services sector (Paramount / Sky / Canal+)
University of Vienna
Autriche 5 contributions 919 visites
Canal+ (C-132/19 P): The Court of Justice Annuls Commitment Decision – The Importance of Third Party Contractual Rights* Today, the Court of Justice annulled the Commission decision that made commitments legally binding for Paramount. This decision is the first annulment of a commitment (...)

The EU Court of Justice annuls a Commission decision allowing a TV company to preserve competition on the markets of pay-TV services (Paramount / Sky / Groupe Canal+)
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 94884 visits
The Court of Justice annuls a Commission decision making binding the commitments offered by a company in order to preserve competition on the markets* The fact that it is possible, for the contracting partners of a company which has made commitments not to comply with certain contractual (...)

The Paris Court of Appeal preserves the presumption of innocence but upholds the fines imposed by the Competition Authority on a German chemical company (Brenntag)
Addleshaw Goddard (Paris)
France 39 contributions 43746 visites
On 3 December 2020, the Paris Court of Appeal ("Court") confirmed the fines imposed by the French Competition Authority ("FCA") in 2013 on the German chemical distributor Brenntag, and its former parent company Deutsche Bahn, of EUR 47 million and EUR 5.2 million respectively for participating (...)

The German Regional Court in Bonn dismisses plant protection wholesaler’s action to establish the Competition Authority’s liability (BayWa)
German Competition Authority (Bonn)
Allemagne 432 contributions 110018 visites
BayWa’s legal action to establish Bundeskartellamt’s liability dismissed* The action brought by BayWa AG, Munich, against the Bundeskartellamt to establish the authority’s liability was dismissed in full by the Regional Court in Bonn today (case no. 1 O 201/20). BayWa had filed a claim for (...)

The German Regional Court of Bonn dismisses a pesticide producer’s claim for state liability against the Competition Authority (BayWa)
Van Bael & Bellis (Brussels)
Belgique 28 contributions 3672 visites
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Van Bael & Bellis (Brussels)
Belgique 24 contributions 4571 visites
On 2 December 2020, the Regional Court of Bonn (“Court”) dismissed a claim of € 72.8 million by crop protection producer BayWa against the German Federal Cartel Office (“FCO”). BayWa argued that the FCO had violated its procedural rights, in particular the principle of equal treatment, in the (...)

The US District Court for the District of Delaware contradicts the Supreme Court precedent regarding patent settlements in the pharmaceutical sector (Chimicles Schwartz Kriner / Donaldson-Smith / Amgen / Teva / Watson / Actavis)
White & Case (New York)
États-Unis 3 contributions 1209 visites
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White & Case (Washington)
États-Unis 9 contributions 3519 visites
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White & Case (Washington)
États-Unis 9 contributions 1290 visites
A Nov. 30 decision by the U.S. District Court for the District of Delaware, In re: Sensipar Antitrust Litigation, contradicts controlling U.S. Supreme Court precedent and, if followed, could have significant implications for patent settlements well outside the pharmaceutical context in which it (...)

The French Competition Authority amends its decision-making practice in the field of public procurement to comply with the recent case law of the EU Court of Justice, making the administrative courts the only regulators thereof (Ovimpex group / Dhumeaux / Mondial Viande Service / Vianov)
Bryan Cave Leighton Paisner (Paris)
France 1 contribution 554 visites
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French Ministry of Economy and Finance (Paris)
France 1 contribution 554 visites
Introduction On 25 November 2020, the French Competition Authority (hereafter, the “FCA”) amended its decision-making practice in the field of public procurement (FCA, Decision 20-D-19 of 25 November 2020), to comply with the recent judgement “Ecoservice Projektai” of the European Court of Justice (...)

The Cypriot Administrative Court annuls a decision that imposed a fine and an obligation to inform the association of undertakings’ members of their freedom regarding tender submissions in the electricity sector (MECAC)
Trojan Economics (Nicosia)
Chypre 1 contribution 120 visites
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Stelios Americanos & Co (Nicosia)
Chypre 2 contributions 630 visites
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Trojan Economics (Nicosia)
Chypre 11 contributions 2183 visites
The Administrative Court of Cyprus delivered its decision on the administrative recourse filed by the Mechanical and Electrical Contractors Association of Cyprus (“Applicant” or “MECAC”) against the Cyprus Commission for the Protection of Competition (“CPC” or “Respondent”) for the annulment of the (...)

The Hong Kong Competition Authority welcomes the Competition Tribunal’s judgment against an IT cartel for price-fixing in the first case where the liability and relief portions of the proceedings have been resolved by settlement (Quantr / Cheung Man Kit / Nintex)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 45 contributions 9937 visites
Competition Commission welcomes judgment in IT cartel conduct case* The Competition Commission (Commission) welcomes the judgment handed down by the Competition Tribunal (Tribunal) today (3 November) in proceedings involving the exchange of competitively sensitive information in the IT sector. (...)

The EU Court of Justice dismisses appeal brought by a power cable producer for its involvement in a market-sharing cartel (Pirelli)
European Commission - DG COMP (Brussels)
France 15 contributions 3221 visites
On 28 October 2020, the Court of Justice (the “ECJ”) dismissed an appeal brought by Pirelli & C. SpA (“Pirelli”) against the judgment of the General Court (“GC”) which had upheld the Commission’s decision against Pirelli in the Power Cables cartel case. On 2 April 2014, the Commission imposed (...)

The Indian Supreme Court dismisses the Competition Authority’s special leave petition against the Karnataka High Court’s stay on investigations against two online shopping platforms for alleged anticompetitive conduct in the mobile phone market (Amazon / Flipkart)
Lakshmikumaran & Sridharan (New Delhi)
Inde 84 contributions 7943 visites
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 9732 visites
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 9788 visites
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A three-judge bench of the Supreme Court on October 26, 2020 rejected the CCI’s challenge to the Karnataka HC’s stay on the investigations directed by the CCI against Amazon and Flipkart. In January, 2020, the CCI has ordered investigation into allegation of, inter alia, exclusive arrangements, (...)

The Russian Ninth Arbitration Court of Appeal confirms the Competition Authority’s fines for a construction cartel in the Karachay-Cherkessian Republic (Chance / Kubanskoye / Karachaevskoye / Yugelektromontazh / Invest)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54422 visites
Appeal Confirmed Legality of the Decision Against the Cartel in Karachai-Cherkessia* The tenders for the construction of roads, buildings and facilities in the republic were held in violation of the antimonopoly law. Fines for companies exceeded 106 million rubles It should be reminded that (...)

The Italian Administrative Court of First Instance annuls the Competition Authority’s decision sanctioning a cartel of car manufacturers because of a breach of the parties’ right to a reasonable duration of the proceedings and for failing to characterize the ’by object’ restriction (Banca / Banque PSA / Santander Consumer Bank / BMW Bank)
Ashurst (Milan)
France 102 contributions 28815 visites
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Ashurst (Brussels)
France 45 contributions 45502 visites
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Ashurst (Brussels)
Belgique 11 contributions 6083 visites
On 21 October 2020 the Italian Administrative Court of First Instance ("TAR Lazio") annulled the decision issued by the Italian Competition Authority ("ICA") on 20 December 2018 sanctioning a number of car manufacturers and their "captive banks" in relation to an alleged cartel concerning car (...)

The EU Court of Justice AG Hogan recommends reducing fine imposed on a company in steel abrasives cartel case (Pometon)
Van Bael & Bellis (Brussels)
Belgique 380 contributions 90654 visites
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Milbank (London)
Royaume-Uni 12 contributions 2002 visites
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Van Bael & Bellis (Brussels)
Belgique 27 contributions 4891 visites
On 8 October 2020, Advocate General (“AG”) Hogan issued his opinion in Pometon SpA v European Commission (Case C-440/19) in connection with the Steel Abrasives cartel case. In his opinion, the AG advises the Court of Justice (“ECJ”) to partially uphold the appeal in so far as the General Court (...)

The Italian Supreme Administrative Court rules on a bid-rigging cartel in the auditing and consulting sector (Deloitte / EY / KPMG / PwC)
Van Bael & Bellis (Brussels)
Belgique 22 contributions 4226 visites
On 6 October 2020, the Italian Supreme Administrative Court (Consiglio di Stato) ruled on the appeals lodged by the Italian Competition Authority and seven companies in relation to a big-rigging cartel case in the auditing and consulting sector, confirming the Competition Authority’s initial (...)

The EU General Court partially annuls decisions ordering dawn raids at the headquarters of two French food retail chains (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Covington & Burling (Brussels)
Belgium 47 contributions 17007 visits
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Gide Loyrette Nouel (Paris)
France 1 contribution 182 visites
In three related judgments of October 5, 2020 (T-249/17, T-254/17 and T-255/17) the General Court (the “GC”) partially annulled European Commission inspection decisions which were the basis for dawn raids on several French retailers. The judgments further develop the position adopted in Czech (...)

The EU General Court partially annuls the Commission’s decision ordering inspections at French food retail chains headquarters (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Addleshaw Goddard (Paris)
France 39 contributions 43746 visites
On 5 October 2020, the EU General Court ("GC") partially annulled European Commission ("Commission") decisions ordering inspections at ITM and Casino’s premises in 2017 following suspicions of illegal anticompetitive exchanges of competitively sensitive information. WHAT YOU NEED TO KNOW - KEY (...)

The EU General Court annuls partially the Commission’s decision ordering dawn raids on the premises of French supermarkets and their joint purchasing alliance (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Portolano Cavallo (Milan)
Italie 60 contributions 8879 visites
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Portolano Cavallo (Milan)
Italie 32 contributions 6017 visites
On October 5, 2020, the General Court of the European Union partially annulled decisions of the European Commission ordering dawn raids on the premises of French supermarkets Casino and Intermarché and their joint purchasing alliance INCA Auchats (see cases T-249/17, T-254/17 and T-255/17). The (...)

The EU General Court annuls in part the Commission’s inspection decisions following suspicions of anticompetitive practices by several French undertakings in the distribution sector (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 28747 visits
The General Court annuls in part the Commission’s inspection decisions following suspicions of anticompetitive practices by a number of French undertakings in the distribution sector* The Commission has failed to show that it had sufficiently strong evidence to suspect exchanges of information (...)

The EU General Court partially annuls the Commission’s inspection decisions ordering several French undertakings active in the distribution sector to submit to dawn-raid inspections (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Bird & Bird (Rome)
Italie 19 contributions 3927 visites
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Luiss Guido Carli University (Rome)
Italie 27 contributions 5213 visites
In October 2020, the General Court of the European Union (GC) issued an important decision in the joined Casino cases which promises to ensure that competition investigations will be more robust and afford greater protection to companies‘ rights. Both the European Commission (EC) and companies (...)

The EU General Court partially annuls the Commission’s decision authorizing unannounced dawn raids to be carried out at the headquarters of two French food retail chains (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
Dechert (Paris)
France 46 contributions 65163 visites
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Magenta (Paris)
France 1 contribution 245 visites
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Dechert (Paris)
France 19 contributions 19094 visites
In three recent judgments issued on 5 October 2020, the General Court of the European Union ("GCEU") partially annulled the European Commission’s ("Commission") decisions of February 2017 which had authorized onsite unannounced inspections ("dawn raid”) to be carried out at the headquarters of (...)

The EU General Court partially annuls the decisions of the Commission to order dawn raids on a number of French retailers (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)
White & Case (Brussels)
Belgique 33 contributions 12214 visites
Partial annulment of European Commission decisions to order dawn raid inspections* On 5 October 2020, the General Court of the European Union (GC) partially annulled decisions of the European Commission (EC) to order on-the-spot inspections (dawn raids) of a number of French retailers.. The (...)

The Regional Court of Dortmund estimates a cartel overcharge of at least 15% in the rail sector without involving any court-appointed economic experts (Rail cartel)
Hogan Lovells (Munich)
Allemagne 21 contributions 3620 visites
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Hogan Lovells (Munich)
Allemagne 46 contributions 23793 visites
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Hogan Lovells (Düsseldorf)
Allemagne 4 contributions 1160 visites
1. Introduction Determining the overcharge and, with that, the amount of cartel damages potentially suffered, is considered one of the most difficult aspects of cartel damages litigation in practice. The District Court of Dortmund (the “District Court”), known for its bold and innovative case (...)

The EU Court of Justice rejects power cables appeal on dawn raid powers and successor liability, and fines the company €104.6M for taking part in an international cartel (Prysmian)
Ashurst (London)
Royaume-Uni 18 contributions 6114 visites
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Ashurst (Brussels)
France 45 contributions 45502 visites
On 24 September 2020, the European Court of Justice ("ECJ") fully dismissed an appeal brought by Prysmian, therefore upholding the European Commission’s ("Commission") decision to fine Prysmian EUR 104.6 million for taking part in an international Power Cable cartel. WHAT YOU NEED TO KNOW - KEY (...)

The EU Court of Justice dismisses a manufacturing company’s appeal against a fine imposed for the power cable cartel (Prysmian)
Van Bael & Bellis (Brussels)
Belgique 380 contributions 90654 visites
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Van Bael & Bellis (Brussels)
Belgique 27 contributions 4891 visites
On 24 September 2020, the Court of Justice (“ECJ”) rejected the Italian power-cable manufacturer Prysmi- an’s appeal against the € 104.6 million fine imposed on it by the Commission in 2014 for its involvement in the Power Cables cartel case. The ECJ upheld the earlier ruling by the General Court (...)

The Dutch District Court of Noord-Nederland holds a former director personally liable for the North Sea shrimps cartel (Gerard Willem Breuker)
Bird & Bird (The Hague)
Pays-Bas 7 contributions 3562 visites
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Bird & Bird (The Hague)
Pays-Bas 11 contributions 4871 visites
Introduction On 23 September 2020 a former director of one of the North Sea shrimps cartelists was held personally liable for damage of over € 13 million by the Dutch District Court of Noord-Nederland (“Court”). According to the Court, the director’s personal involvement in the cartel qualified as (...)

The Ankara Regional Administrative Court annuls the Competition Authority’s decision to close its preliminary investigation conducted against a company regarding its alleged resale price maintenance practices in the food retailing sector (Duru Bulgur)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 162 contributions 73891 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 22 contributions 5292 visites
This case summary includes an analysis of the Ankara 13th Administrative Court’s (the “Court”) judgment, where the Court reviewed and annulled the Turkish Competition Board’s (the “Board”) decision to close its preliminary investigation conducted against Duru Bulgur Gıda San. Tic. A.Ş. (“Duru (...)

The Italian Competition Authority welcomes the decision to annul the tendering procedure for the integrated management of the judicial documents notifications service (Prefecture of Rome)
Italian Competition Authority (Rome)
Italie 63 contributions 16203 visites
The Italian Competition Authority welcomes the decision of the Prefecture of Rome to annul the tendering procedure for the assignment of the service of integrated management of the notifications of judicial documents* The Authority had previously sent a reasoned opinion in which it noted that (...)

The Norwegian Court of Appeal in Borgarting upholds the Competition Authority’s decision finding illegal cooperation between 2 publishing companies (Cappelen Damm / Gyldendal)
Norwegian Competition Authority (Bergen)
Norvège 31 contributions 3710 visites
Court of Appeal upholds decision against publishing companies* Borgarting Court of Appeal agrees with the Norwegian Competition Authority that the publishing companies Cappelen Damm and Gyldendal cooperated illegally and boycotted the distributor Interpress. The publishers exchanged (...)

The Finnish Market Court imposes a €50,000 penalty on hospital district for direct procurement that breaches the Act on Public Procurement and Concession Contracts (Helsinki and Uusimaa Hospital District)
Finnish Competition and Consumer Authority (Helsinki)
Finlande 72 contributions 12187 visites
The Market Court imposes EUR 50,000 penalty payments in total on HUS for direct procurement that breaches the Act on Public Procurement and Concession Contracts* As per two separate proposals made by the Finnish Competition and Consumer Authority (FCCA), the Market Court has imposed a total (...)

The UK Supreme Court hands down a judgment involving a software and a telecommunications company, providing answers to questions concerning the English Courts’ approach to FRAND disputes (Unwired Planet / Huawei)
Hogan Lovells (London)
Royaume-Uni 1 contribution 557 visites
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Hogan Lovells (London)
Royaume-Uni 1 contribution 557 visites
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Hogan Lovells (London)
Royaume-Uni 1 contribution 557 visites
The UK Supreme Court has handed down its long-awaited judgment in the Unwired Planet v Huawei and Conversant v Huawei & ZTE proceedings ([2020] UKSC 37), providing answers on several key questions concerning the English Courts’ approach to FRAND disputes. In a unanimous judgment, the (...)

The UK Supreme Court confirms that English courts may set the terms of global licences to portfolios of standard essential patents (Unwired Planet / Huawei)
Bristows (London)
Royaume-Uni 3 contributions 4108 visites
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Bristows (London)
Royaume-Uni 1 contribution 248 visites
English courts given green light to set terms of global FRAND licences* On 26 August 2020, the UK Supreme Court (UKSC) gave its eagerly awaited judgment in Unwired Planet v Huawei and Conversant v Huawei & ZTE. In a unanimous policy-driven decision, the Court dismissed the appeals brought (...)

The UK Supreme Court holds that an English court can enjoin infringement of a UK SEP where the infringer is willing to take a UK license, but refuses to take a worldwide licence on FRAND terms (Huawei / Unwired Planet)
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 37 contributions 37317 visites
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 22 contributions 7044 visites
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 5 contributions 758 visites
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This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 26 August, 2020, the UK Supreme Court decided a standard-essential patent (SEP) dispute between Huawei and Unwired Planet. [1] The Supreme Court held that an (...)

The UK Supreme Court confirms that it is possible to set global FRAND rates and global licences to portfolios of standard-essential patents (Unwired Planet / Huawei)
Baker Botts (Brussels)
Belgique 25 contributions 18532 visites
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Baker Botts (Brussels)
Belgique 15 contributions 5114 visites
The U.K. Supreme Court’s 26 August ruling on standard-essential patents (SEPs) is the latest in a series of recent decisions that are likely to have a profound effect on FRAND license negotiations across the globe, in particular for the next generation 4G and 5G mobile telecommunication (...)

The German Federal Court of Justice overrules the Higher Regional Court of Düsseldorf’s decision to terminate proceedings against a bid rigging cartel (Bid rigging cartel)
Van Bael & Bellis (Brussels)
Belgique 380 contributions 90654 visites
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Van Bael & Bellis (Brussels)
Belgique 27 contributions 4891 visites
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Van Bael & Bellis (Brussels)
Belgique 28 contributions 3672 visites
On 25 August 2020, the German Federal Court of Justice (“FCJ”) overturned the decision of the Higher Regional Court of Düsseldorf to terminate proceedings against members of a bid-rigging cartel fined by the FCO in 2018. The FCJ ruled that the Higher Regional Court of Düsseldorf had erred in (...)

The Dutch Trade and Industry Appeals Tribunal reduces by 99% a fine which was imposed by the Competition Authority for a cartel due to the special circumstances surrounding the COVID-19 pandemic Free
Bird & Bird (The Hague)
Pays-Bas 11 contributions 4871 visites
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Bird & Bird (The Hague)
Pays-Bas 7 contributions 3562 visites
The Dutch Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven, “CBb”) reduced a fine imposed by the Dutch Authority for Consumers & Markets (“ACM”) on an unidentified undertaking with 99%, from €1 million to €10.000,-. The ACM asked the court to lower the fine, after (...)

The US District Court for the Southern District of New York terminates long-standing Paramount consent decrees, thereby allowing after 7 decades the classic movie studios to form closer agreements with movie distributors (Paramount Pictures)
US Department of Justice (Washington)
États-Unis 163 contributions 68109 visites
Federal Court Terminates Paramount Consent Decrees* A federal court in the Southern District of New York today terminated the Paramount Consent Decrees, which for over seventy years have regulated how certain movie studios distribute films to movie theatres. The review and termination of these (...)

The Latvian Supreme Court upholds the Competition Authority’s conclusion that a city council’s auction to lease its crematorium is groundlessly restrictive (Riga City Council / Rīgas kremācijas centrs – krematorija)
Latvian Competition Council (Riga)
Lettonie 116 contributions 22683 visites
A judgment of the Supreme Court confirms the conclusion of the Competition Council on competition restriction on the cremation market of Riga* Already in 2015 the Competition Council of The Republic of Latvia (the CC), after conducted sector inquiry, raised alarm concerning the disorganised (...)

The Turkish Competition Authority grants an individual exemption for a subcontracting agreement concluded with a subcontractor in the same market taking into account localization of the import-dependent insulin industry and sustainability of the quality (Novo Nordisk)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 162 contributions 73891 visites
On November 5, 2019, Novo Nordisk Sağlık Ürünleri Ticaret Ltd. Şti. (“Novo Nordisk”) applied to the Turkish Competition Authority (“Authority”) for a negative clearance or an individual exemption with respect to a subcontracting agreement with Abdi İbrahim İlaç San. ve Tic. A.Ş. (“Abdi İbrahim”), a (...)

The Spanish High Court rejects the appeal brought by a consultancy firm fined for acting as a facilitator in a car cartel (ANT)
Ashurst (Madrid)
Espagne 13 contributions 2069 visites
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Ashurst (Madrid)
Espagne 8 contributions 1325 visites
In 2015, the Spanish Competition Authority ("CNMC") sanctioned a cartel of Land Rover dealers, and found that a consultancy firm, ANT Servicalidad, was also liable for the conduct as it acted as a facilitator of the cartel. In a recent judgment, the Spanish High Court rejected the appeal (...)

The Israeli Competition Tribunal upholds the Competition Authority’s instruction prohibiting an importer from reporting to a multinational consumer products company on parallel imports of the company’s toothpaste (Schestowitz / Colgate-Palmolive)
Israel Competition Authority (Jerusalem)
Israël 15 contributions 1868 visites
The Competition Tribunal has confirmed an instruction of the Director-General, which prohibits Schestowitz from reporting to Colgate-Palmolive on parallel imports of Colgate toothpaste* The Competition Tribunal granted the force of a judgment to a new instruction of the Director-General to (...)

The EU Court of Justice upholds the Commission’s right to continue inspection at Brussels premises in Power Cable cartel case (Nexans)
Van Bael & Bellis (Brussels)
Belgique 380 contributions 90654 visites
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Athens Bar Association
Royaume-Uni 34 contributions 2950 visites
On 16 July 2020, the Court of Justice of the European Union (the “ECJ”) delivered a judgment dismissing the appeal by Nexans France and its parent company Nexans (together “Nexans”) against the judgment of the General Court of the European Union (the “GC”) in the Power Cables cartel case. By way of (...)

The Amsterdam Court of Appeal upholds the legality for non-luxury brands to ban resale on third-party platforms (Nike / Action Sport / Amazon)
Van Bael & Bellis (Brussels)
France 163 contributions 55186 visites
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European Court of Justice (Luxembourg)
Luxembourg 9 contributions 1900 visites
On 14 July 2020, the Amsterdam Court of Appeal (the “Court”) handed down its judgment in the dispute between Nike European Operations Netherlands B.V. (“NEON”) and Action Sport SOC. COOP, A.R.L. (“Action Sport”), an Italian retailer of Nike’s sportswear, footwear and related products. The Court upheld (...)

The German Federal Court of Justice grants Competition Authority the right to appeal against the Dusseldorf Higher Regional Court’s ruling regarding the use of narrow parity clauses (Booking)
Van Bael & Bellis (Brussels)
Belgique 28 contributions 3672 visites
On 14 July 2020, the German Federal Court of Justice (“FCJ”) granted the Federal Cartel Office (“FCO”) the right to appeal on points of law against the judgment of the Higher Regional Court of Düsseldorf in Booking. The Higher Regional Court of Düsseldorf (see VBB on Competition Law, Volume 2019, (...)

The EU General Court reduces the fine imposed on a company for its participation in the smart card chip market by almost €6 million (Infineon Technologies)
Callol, Coca & Asociados (Madrid)
Espagne 169 contributions 45111 visites
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Callol, Coca & Asociados (Madrid)
Espagne 61 contributions 3657 visites
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Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 21724 visites
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By decision of 3 September 2014, the Commission established the existence of a cartel in the smart card chip sector in the EEA from 2003 to 2005. Within said cartel, several undertakings, namely Infineon, Philips, Samsung and Renesas, had coordinated their pricing policy through a network of (...)

The UK High Court grants the first application for a competition disqualification order to come to trial by the UK Competition Authority against an estate agency director guilty of cartel participation by knowing of it and not acting to stop it (Michael Martin)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 363 contributions 90463 visites
Court orders disqualification of estate agent cartel director* In the first contested case of its kind, the CMA has secured the disqualification of a director whose Somerset estate agency breached competition law. Following a four day trial last month, Mr Michael Martin was today disqualified (...)

The UK High Court makes its first competition disqualification order in the real estate sector (Michael Martin)
Radcliffe Chambers (London)
Royaume-Uni 1 contribution 135 visites
In the summer of 2020 the first application by the Competition and Markets Authority (‘the CMA’) for a competition disqualification order pursuant section 9A of the Company Directors Disqualification Act 1986 (‘CDDA’) was heard remotely by the English High Court (Re Property Group (2010) Limited (...)

The Paris Court of Appeal rejects an appeal against a follow-on damages claim by a rival telecommunications provider and grants a reduction in the amount of damages to be paid (Orange / Digicel)
Court of First Instance of Namur (Namur)
Belgique 224 contributions 46072 visites
On 17 June 2020, the Paris Court of Appeal rejected Orange’s (formerly known as France Telecom) appeal against a follow-on damages claim by rival telecommunications provider Digicel (formerly known as Bouygues Telecom) but granted a reduction in the amount of damages to be paid of nearly € 100 (...)

The UK Supreme Court dismisses an appeal concerning the two largest payment processing networks on the basis that their multilateral interchange fees restricted competition (Sainsbury’s / Visa / MasterCard)
Van Bael & Bellis (Brussels)
Belgique 380 contributions 90654 visites
On 17 June 2020, the UK Supreme Court dismissed Mastercard and Visa’s appeal against a 2018 ruling by the Court of Appeal of England and Wales and ruled that their multilateral interchange fees (“MIFs”) unlawfully restricted competition. The Supreme Court’s ruling potentially exposes Mastercard and (...)

The UK Supreme Court finds that payment card schemes used in supermarkets infringe competition law (Sainsbury’s / Visa / MasterCard)
Morgan Lewis (London)
Royaume-Uni 28 contributions 16145 visites
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Morgan Lewis (London)
Royaume-Uni 25 contributions 9425 visites
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Morgan Lewis (London)
Royaume-Uni 1 contribution 435 visites
On June 17, 2020, the UK Supreme Court handed down its judgment in the appeals on the lawfulness of multilateral interchange fees, or swipe fees, (MIFs) in Sainsbury’s Supermarkets Ltd (Respondent) v. Visa Europe Services LLC and Others (Appellants) and Sainsbury’s Supermarkets Ltd and Others (...)

The UK Supreme Court finds that multilateral interchange fees between credit card companies violate competition law (Sainsbury’s / Visa / MasterCard)
Irish Department of Justice and Equality (Dublin)
Irlande 1 contribution 134 visites
Interchange fees restrict competition: Is the UK Supreme Court giving Article 101(1) TFEU a final glance?* In a long running legal battle, some clarity has finally been provided by the Supreme Court of the United Kingdom in relation to the implications of multi-lateral interchange fees (MIFs) (...)

The UK Supreme Court dismisses the two largest payment processing networks’ arguments on the basis that their multilateral interchange fees restricted competition but upholds grounds of appeal concerning the application of the “passing on” defense (Sainsbury’s / Visa / MasterCard)
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 22 contributions 7044 visites
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 16 contributions 19122 visites
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 4 contributions 659 visites
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On 17 June 2020, the Supreme Court handed down a much anticipated judgment concerning the default multilateral interchange fees (MIFs) set by Mastercard and Visa (together, the Appellants). The case considered appeals relating to three separate damages actions brought by retailers against the (...)

The UK Supreme Court finds a competition law infringement caused by payment card schemes used in supermarkets (Sainsbury’s / Visa & MasterCard)
Hausfeld (London)
Royaume-Uni 4 contributions 767 visites
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Hausfeld (London)
Royaume-Uni 6 contributions 1002 visites
The UK Supreme Court recently handed down its eagerly anticipated Judgment in respect of unlawful interchange fee claims against MasterCard and VISA, following almost a decade of litigation. The Judgment provides welcome clarity to merchant retailers as to the unlawfulness of MasterCard’s and (...)

The UK Supreme Court confirms that two payment platform providers’ fees restricted competition (Visa / MasterCard)
Slaughter and May (London)
Royaume-Uni 2 contributions 732 visites
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Slaughter and May (Brussels)
Belgique 1 contribution 31 visites
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 17 June 2020, the Supreme Court unanimously upheld an earlier Court of Appeal ruling that Mastercard and Visa’s multilateral interchange fees (MIFs) restricted (...)

The Paris Court of Appeal hands down an important judgment in a follow-on damages claim for the consequences of abusive practices in the telecommunications market (Orange / Digicel)
University Paris-Panthéon-Assas
France 7 contributions 12768 visites
On June 17, 2020, the Paris Court of Appeal handed down an important decision in the Digicel / Orange case. Digicel has indeed initiated an action to be compensated for the consequences of the abusive practices implemented in the Antilles-Guyana zone by Orange-Caraïbe and Orange between 2000 and (...)

The Paris Court of Appeal provides guidance in the context of an action for damages related to anti-competitive practices in the telecommunications sector (Orange Caraïbe / Digicel)
CDC Cartel Damage Claims (Brussels)
Belgique 16 contributions 17133 visites
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CDC Cartel Damage Claims (Brussels)
Belgique 1 contribution 151 visites
On 17 June 2020, the Paris Court of Appeal (Court) delivered its judgment (Orange judgment) in which it ordered Orange to pay EUR 249.5 million (EUR 181.5 million in damages plus EUR 68 million in interest) to Digicel Antilles and Guyana, following the implementation by the former of a number (...)

The Peruvian Supreme Court confirms the Competition Authority’s sanctions imposed on a medical oxygen cartel for bid-rigging by a national health insurer’s public tenders (Messer Gases / Linde Gas / Praxair)
Peruvian Competition Authority - INDECOPI (Lima)
Pérou 8 contributions 1898 visites
The Supreme Court of Justice confirmed the sanction imposed by Indecopi to the Medical Oxygen Cartel* The Permanent Constitutional and Social Law Chamber of the Supreme Court has declared unfounded the cassation appeals filed by the companies Messer Gases del Perú S.A., Linde Gas Perú S.A. and (...)

The Paris Court of Appeal upholds the dismissal of a French car repairers’ complaints against a car manufacturer’s alleged discrimination in determining membership of its authorised repair network (Hyundai)
Van Bael & Bellis (Brussels)
Belgique 32 contributions 6748 visites
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Van Bael & Bellis (Brussels)
France 163 contributions 55186 visites
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Clifford Chance (Brussels)
Belgique 7 contributions 1286 visites
On 4 June 2020, the Competition Chamber of the Paris Court of Appeal (the “Court”) handed down a judgment dismissing the appeal filed by three car repairers (the “Claimants”) against a decision of the French Competition Authority (the “FCA”) to reject their complaint against Hyundai Motor France (...)

The Lithuanian Supreme Administrative Court upholds the decision finding construction companies guilty of bid-rigging in public procurement (PST / Irdaiva / Active Construction Management)
Lithuanian Competition Authority (Vilnius)
Lituanie 100 contributions 19286 visites
Supreme Administrative Court of Lithuania: Construction Companies Restricted Competition in Public Procurement Through Joint Bidding* The Supreme Administrative Court of Lithuania (Court) rejected the appeals by the construction company Panevėžio statybos trestas (PST) and company Active (...)

The Indian National Company Law Appellate Tribunal dismisses an appeal against two ride-sharing platforms for price-fixing (Uber / Ola)
Lakshmikumaran & Sridharan (New Delhi)
Inde 84 contributions 7943 visites
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 9732 visites
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 9788 visites
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Key Points The Competition Act specifically provides the modes by which the CCI may take cognizance of allegations of contravention of the Competition Act. An information concerning any allegations may be filed before CCI under Section19(1)(a) of the Competition Act, only by a person who has (...)

The Indian National Company Law Appellate Tribunal clarifies the emerging jurisprudence on hub-and-spoke cartels and standing requirements in a case concerning two ride-hailing platforms in the automobile services market for fixing cab fares through their apps (Uber / Ola)
Khaitan (New Delhi)
Inde 3 contributions 1573 visites
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Khaitan (New Delhi)
Inde 2 contributions 612 visites
In a relief to the multinational giant, Uber, and home-grown Ola (collectively, Ride-hailing Platforms), the National Company Law Appellate Tribunal (NCLAT) – India’s appeal tribunal for competition matters – dismissed an appeal filed by Samir Agrawal (Informant). In doing so, the NCLAT has upheld (...)

The Paris Court of Appeal confirms the Competition Authority’s decision to fine an IT undertaking for obstructing a competition investigation (Akka)
Total Energies (Paris)
France 30 contributions 7058 visites
On 26 May 2020, the Paris Court of appeal ("Court") confirmed the fine imposed by the French Competition Authority ("FCA") on an undertaking for having obstructed a competition investigation. On 22 May 2019, the FCA adopted its first decision sanctioning a company for having obstructed a (...)

The Spanish Supreme Court sheds light on the liability of cartel members not directly active in the relevant market (FENIN)
Callol, Coca & Asociados (Madrid)
Espagne 169 contributions 45111 visites
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Callol, Coca & Asociados (Madrid)
Espagne 61 contributions 3657 visites
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Latham & Watkins (Brussels)
Belgique 24 contributions 3043 visites
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In 2016, the CNMC fined €128.8 million on seven manufacturers, a business association (the Spanish Federation of Healthcare Technology Companies (FENIN)) and four individuals for setting up a price-fixing cartel of adult diapers sold in pharmacies (Decision of 26 May 2016, AIO, file S/DC/0504/14 (...)

The Slovakian Council of the Antimonopoly Office imposes fines totaling €6.7 million for a cartel agreement between dealers of motor vehicles (Volkswagen)
Bird & Bird (Bratislava)
Slovaquie 1 contribution 181 visites
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Bird & Bird (Prague)
République tchèque 25 contributions 4166 visites
On 15 May 2020 the Council of the Antimonopoly Office of the Slovak Republic ("CAOS") changed the first-instance decision of the Antimonopoly Office of the Slovak Republic ("AOS") dated 3 February 2020 and imposed fines totalling of EUR 6,7 million for a cartel agreements between dealers of (...)

The EU Court of Justice partially quashes the General Court’s decision and reduces the fines on eleven producers of high voltage power cables for their participation in a global market-sharing cartel (NKT)
Ashurst (Brussels)
Belgique 1 contribution 266 visites
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Ashurst (Brussels)
France 45 contributions 45502 visites
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Ashurst (Brussels)
Belgique 36 contributions 8602 visites
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On 14 May 2020, the European Court of Justice (the "ECJ") partially quashed the General Court’s (the "GC") judgment upholding the European Commission’s ("Commission") power cables cartel decision with respect to NKT and its wholly owned subsidiary NKT Verwaltungs (together "NKT" or the (...)

The EU Court of Justice partially annuls the General Court power cables cartel decision and reduces the fine imposed by €200,000 (NKT)
Van Bael & Bellis (Brussels)
Belgique 380 contributions 90654 visites
On 14 May 2020, the Court of Justice of the European Union (the “Court of Justice”) partly set aside a judgment of the General Court dismissing the action brought by NKT Verwaltungs GmbH (formerly nkt cables GmbH) and NKT A/S (formerly NKT Holding A/S) (together, “NKT”) in the Power Cables cartel (...)

The Danish Competition Authority submits for public hearing a new version of guidelines on joint bidding
Danish Competition and Consumer Authority (Copenhagen)
Danemark 127 contributions 34934 visites
Public hearing on guidelines on joint bidding* The Danish Competition and Consumer Authority has published a draft version of the guidelines “When companies bid jointly – guidelines for joint bidding under competition law”. The guidelines are now in public hearing. The Danish Competition and (...)

The German Federal Supreme Court rules that the European Central Bank should have explicitly considered whether there was an appropriate balance between the monetary policy effects of the Public Sector Purchase Programme and the economic effects, and the ruling denies the primacy of EU law over the German Basic Law (Dr. W... a.e.)
Delcade Avocats & Solicitors (Paris)
France 11 contributions 5990 visites
On 5 May 2020, the German Federal Constitutional Court sitting in Karlsruhe adopted its Dr. W... e.a. ruling by seven votes to one which results in a genuine declaration of war at the Court of Justice of the European Union. Dr. W… e.a. denies the primacy of EU law over the German Basic Law and (...)

The Hong Kong Competition Authority welcomes the Competition Tribunal’s first judgment on its decision regarding pecuniary penalties taken against ten construction and engineering undertakings engaged in a cartel
Hong Kong Competition Commission (Hong Kong)
Hong Kong 45 contributions 9937 visites
Competition Commission welcomes first judgment on pecuniary penalties in Hong Kong competition law regime* The Competition Commission (Commission) welcomes the judgment (Judgment) handed down by the Competition Tribunal (Tribunal) today (29 April) on pecuniary penalties against ten respondent (...)

The US Court of Appeals for the Third Circuit overturns a district court decision certifying a class of direct purchaser plaintiffs without undertaking a rigorous analysis to resolve factual disputes, assess competing evidence, or weigh conflicting expert testimony (Lamictal)
McDermott Will & Emery (New York)
États-Unis 5 contributions 985 visites
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Crowell & Moring (Washington)
États-Unis 17 contributions 2445 visites
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McDermott Will & Emery (Chicago)
États-Unis 13 contributions 3214 visites
The US Court of Appeals for the Third Circuit recently concluded in In re Lamictal Direct Purchaser Antitrust Litigation that a district court’s reliance on average prices to determine class-wide impact was insufficient. Instead, courts must conduct a rigorous analysis of the facts, evidence and (...)

The Latvian Administrative Regional Court in Riga confirms involvement of a local government company in the so-called nano water acquisition bid-rigging case (Rīgas satiksme)
Latvian Competition Council (Riga)
Lettonie 116 contributions 22683 visites
The court confirms involvement of the local government company SIA “Rīgas satiksme” in the so-called nano water acquisition bid-rigging* On 20 April, the Administrative Regional Court left effective the decision adopted by the Competition Council of Latvia (the CC), according to which last year (...)

The Chilean Supreme Court upholds a landmark decision by the Competition Tribunal condemning the country’s three largest supermarkets for conspiracy in fixing minimum resale prices of poultry (Walmart / Cencosud / SMU)
Garrigues (Provincia)
Chili 1 contribution 327 visites
The Chilean Supreme Court recently upheld a landmark decision by the Competition Tribunal (“TDLC”) in Fiscalía Nacional Económica en contra de Cencosud S.A. y otras, Rol C-304-2016, condemning the country’s three largest supermarkets chains for having engaged in a conspiracy to fix minimum resale (...)

The Czech Constitutional Court repeals the Act on significant market power which protected food suppliers from unfair practices by big retail chains on the basis of discrimination and unconstitutionality
Dentons (Prague)
République tchèque 14 contributions 3137 visites
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Bird & Bird (Prague)
République tchèque 25 contributions 4166 visites
Back in 2016 and 2017, two different groups of senators proposed that the Constitutional Court repeal the Czech Act No. 395/2009 Coll., on Significant Market Power ("Act"), or at least some parts of it. In general, the Act protects food suppliers from unfair practices by big retail chains. (...)

The German Federal Court of Justice upholds the Competition Authority’s decision finding that certain online banking associations infringed competition law by imposing T&C on online payments preventing customers from entering their codes when accessing third party payments (Deutsche Kreditwirtschaft)
Van Bael & Bellis (Brussels)
Belgique 380 contributions 90654 visites
On 7 April 2020, the German Federal Court of Justice (the “FCJ”) issued its judgment on an appeal against a decision of the Federal Cartel Office (the “FCO”) which had found that a number of German banking associations had infringed competition law in connection with general terms and conditions of (...)

The Austrian Supreme Cartel Court requests preliminary ruling from the EU Court of Justice concerning territorial agreements in connection with the sale of industrial sugar (Zuckerkartell)
Austrian Competition Authority (Vienna)
Autriche 55 contributions 6017 visites
Supreme Cartel Court submits questions to European Court of Justice in the appeals procedure concerning territorial agreements in connection with the sale of industrial sugar* In the cartel case on territorial agreements in connection with the sale of industrial sugar, Vienna Higher Regional (...)

The EU Court of Justice finds, following a preliminary reference, that certain interchange fees imposed by a bank payable on cross-border card transactions within the EEA are anticompetitive (Budapest Bank)
Hausfeld (London)
Royaume-Uni 20 contributions 4816 visites
On 2 April, the European Court of Justice (“CJEU”) issued a judgment arising from a preliminary reference from the Hungarian Supreme Court concerning a 2009 decision by the Hungarian Competition Authority against Visa Europe Ltd (“Visa”), MasterCard Europe SA (“MasterCard”) and a number of (...)

The EU Court of Justice confirms the limitations that apply before courts can classify anticompetitive agreements as a restriction of competition by object under Art 101 TFEU in a multilateral interchange fee credit card transaction (Budapest Bank)
Ashurst (London)
Royaume-Uni 13 contributions 2319 visites
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ADNOC Group (Abu Dhabi)
Royaume-Uni 29 contributions 5142 visites
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Ashurst (Brussels)
Belgique 36 contributions 8602 visites
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On 2 April 2020, the European Court of Justice ("ECJ") delivered its judgment in Budapest Bank on a reference for a preliminary ruling from Hungary’s highest court. The judgment confirms the important limitations that apply before competition authorities and courts are able classify (...)

The EU Court of Justice confirms a strict interpretation of the notion of infringement by object (Budapest Bank)
Callol, Coca & Asociados (Madrid)
Espagne 169 contributions 45111 visites
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Callol, Coca & Asociados (Madrid)
Espagne 61 contributions 3657 visites
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Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 21724 visites
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On April 2020, the CJEU rendered its ruling in Budapest Bank on a request for a preliminary ruling from Hungary’s highest court. The CJEU provides clear guidance on the concept of restriction of competition by object and its practical application by courts and national competition authorities. (...)

The EU Court of Justice emphasizes the need for a case and context-specific evaluation of "by object" restrictions and provides guidance on what sort of evidence is relevant, in a multilateral interchange fee credit card transaction (Budapest Bank)
Hogan Lovells (Munich)
Allemagne 46 contributions 23793 visites
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Hogan Lovells (Munich)
Allemagne 2 contributions 933 visites
I. Introduction On 2 April 2020, the Court of Justice of the European Union ("CJEU") delivered its judgment in Budapest Bank, another key ruling on the assessment of 'by object' restrictions of competition within the meaning of Article 101(1) TFEU. With this judgment, the (...)

The EU Court of Justice confirms the strict approach to “by object” infringements resulting in the need to use effects analysis on more complex arrangements such as MIF agreements (Budapest Bank)
Zepos & Yannopoulos (Athens)
Grèce 34 contributions 3380 visites
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Athens Bar Association
Royaume-Uni 34 contributions 2950 visites
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Zepos & Yannopoulos (Athens)
Grèce 29 contributions 2311 visites
On 2 April 2020, the Court of Justice of the EU delivered its judgment in Budapest Bank on a reference for a preliminary ruling from Hungary’s highest court relating to agreements on fixed multilateral interchange fees (MIFs). In this much-anticipated ruling, the Court of Justice further (...)

The EU Court of Justice ascertains whether the multilateral interchange fee set by the banks for credit card transactions with a merchant pursued no objective other than a simple price increase (Budapest Bank)
Van Bael & Bellis (Brussels)
Belgique 380 contributions 90654 visites
On 2 April 2020, the Court of Justice of the European Union (the “Court of Justice”) delivered a preliminary ruling in which it provided clarifications and guidance to the Kúria (Supreme Court of Hungary) on the distinction between restrictions of competition “by object” and “by effect” under (...)

Judicial review and anticompetitive agreements: An overview of EU and national case law
University of Copenhagen
Danemark 2 contributions 2928 visites
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Monash Law School (Melbourne)
Italie 8 contributions 4248 visites
This article provides an overview of current trends in European cartel law from mid-2016 to mid-2019. We begin with the following preliminary remarks. In order to guarantee that the European Commission (“Commission”) can adequately carry out its task to oversee and ensure the effective (...)

The Indian National Company Law Appellate Tribunal upholds the Competition Authority’s orders against 2 movie associations for concerted efforts to stop a competing association from working in the Malayalam film industry (Association of Malayalam Movie Artists / Federation of Kerala / Malayalam Artists and Cine Technicians Association)
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 9732 visites
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 9788 visites
Key points While there was no explicit agreement produced before CCI showing concerted actions by AMMA and FEFKA to ban Malayalam Artists and Cine Technicians Association’ (“MACTA”) Federation, the CCI relied upon documents, witness-statements and market analysis to show that AMMA and FEFKA had (...)

The Ankara Administrative Court reassesses the Competition Authority’s decision on price squeezing allegations in the telecommunications sector (Türk Telekom / TTNET)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 162 contributions 73891 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 10 contributions 4457 visites
Background In 2012, the Board launched a full-fledged investigation against Türk Telekom and TTNET upon the complaints of certain Internet service providers (“ISP”), alleging that Türk Telekom and TTNET had abused their dominant positions in the wholesale and retail markets for fixed broadband (...)

The Spanish Supreme Court rules that ride-hailing services do not restrict competition and the restrictions imposed on them are unjustified and disproportionate (VTCs)
Ecija & Asociados (Madrid)
Espagne 20 contributions 2045 visites
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Bird & Bird (Madrid)
Espagne 29 contributions 4422 visites
The ongoing conflict between ride-hailing services (known in Spain as "VTCs"), such as Uber, and the taxi sector has led to a new ruling from the Spanish Supreme Court that confirms the view of the Spanish Competition Authority (the "CNMC") that the restrictions imposed on the VTCs are (...)

The Spanish Supreme Court dismisses an appeal in connection with dawn raids carried out by the Competition Authority in the manufacturing sector (Prysmian)
Callol, Coca & Asociados (Madrid)
Espagne 169 contributions 45111 visites
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Latham & Watkins (Brussels)
Belgique 24 contributions 3043 visites
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Callol, Coca & Asociados (Madrid)
Espagne 65 contributions 21724 visites
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The Supreme Court Order focuses on the guarantees that must govern the CNMC’s inspection activities in the exercise of its powers and, in particular, in relation to legal assistance for companies subject to inspection. In particular, the appeal is brought by Prysmian Spain, S.A (Prysmian) (...)

The UK Court of Appeal upholds a ruling which declared that the national rail track operator abused its dominance by restricting suppliers’ access to its infrastructure (Network Rail / RISQS)
Ashurst (London)
Royaume-Uni 34 contributions 16483 visites
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ADNOC Group (Abu Dhabi)
Royaume-Uni 29 contributions 5142 visites
The Court of Appeal on 5 March 2020 handed down a judgment upholding the ruling of the Competition Appeal Tribunal ("CAT") of July 2019 which found Network Rail had infringed the Chapter I and II prohibitions of the Competition Act 1998 by requiring, in its schemes governing suppliers’ access to (...)

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