Résultats de la recherche

29 Jan 2021 B

The Polish Competition Authority initiates proceedings against retail chains suspected of applying unfair retrospective discounts (Kaufland Polska Markety / Eurocash / Intermarche)

Polish Competition Authority • January 2021

The President of UOKiK has initiated proceedings against other retail chains suspected of applying unfair retrospective discounts* President of UOKiK Tomasz Chróstny initiated investigation procedures towards Kaufland Polska Markety, Eurocash and SCA PR Polska (Intermarche). The objections (...)

29 Jan 2021 B

The French Competition Authority approves a building games company’s price discount system subject to conditions (LEGO)

French Competition Authority • January 2021

Lego makes commitments to the Autorité de la concurrence to amend its price discount system* Following an open procedure before the Autorité de la concurrence, the building games company Lego France, a subsidiary of Lego Group, enters into commitments designed to facilitate access for all of its (...)

14 Jan 2021 B

The German Competition Authority fines gully tops and manhole covers manifacturers for agreements on prices and rebates (MeierGuss Sales & Logistics / KG)

German Competition Authority • January 2021

Manufacturers of manhole covers and gully tops fined for price-fixing* The Bundeskartellamt has imposed fines totalling around 6 million euros on two manufacturers of manhole covers and gully tops and their representatives for agreements on prices and rebates and an agreement to carve up two (...)

14 Jan 2021 B

The German Competition Authority fines manufacturers of manhole covers €6 million for price-fixing (MeierGuss Sales & Logistics / KG)

Laura Lehoczky-Deckers, Katharina Bongs • February 2021 - II

On 14 January 2021, the German Federal Cartel Office (“FCO”) announced that it had fined two manufacturers of manhole covers approximately € 6 million for price-fixing and coordinating their respective offers for two large contracts. The companies manufacture products such as manhole covers and (...)

14 Dec 2020 B

The Polish Competition Authority imposes a fine on supermarket chain for abuse of superior bargaining power (Biedronka)

Polish Competition Authority • December 2020

The President of UOKiK has imposed a fine of PLN 723 million on Biedronka* The Jeronimo Martins company was earning unfairly to the detriment of food suppliers. This is the biggest sanction for abusing of superior bargaining power imposed to date. Commercial networks get various commercial (...)

26 Nov 2020 B

Unilateral conduct in the energy sector: An overview of EU and national case law

John Ratliff • Energy & Dominance

This chapter provides an overview of the practice of the European Commission (“EC”) and European national competition authorities (“NCAs”) as regards the application of competition rules to unilateral conduct in the energy sector. It is based mainly on cases reported in e-Competitions (abbreviated (...)

6 Nov 2020 B

The Hellenic Competition Authority releases a statement of objections in the gas appliances sector against a company for alleged abuse of dominant position as well as agreements concluded with its wholesalers and distributors (DIMKA / STAMATOULIS)

Hellenic Competition Authority • November 2020

Subject: Statement of Objections in relation to alleged infringements of Articles 1 and 2 of Law 3959/2011 and Articles 101 and 102 TFEU in the Greek market for general purpose gas appliances by DIMKA SA, following a complaint by STAMATOULIS SA as well as an ex officio investigation of the (...)

24 Sep 2020 B

The Dutch Competition Authority closes investigation into drug manufacturer after receiving assurances that it will not use its discount schemes to force hospitals into exclusive purchases (AbbVie)

Dutch Competition Authority • September 2020

ACM closes investigation into drug manufacturer AbbVie, competitors get more room now* Drug manufacturer AbbVie has stated that it will not force hospitals to purchase exclusively or to a large extent from AbbVie through discount schemes (or rebate programs). AbbVie has made these assurances (...)

9 Sep 2020 B

The Polish Competition Authority investigates retrospective discounts in the food retail sector (Biedronka)

Polish Competition Authority • September 2020

President of UOKiK investigates retrospective discounts* President of UOKiK Tomasz Chróstny has initiated explanatory proceedings to check whether the retail chains are not leveraging their contractual advantage over small and medium-sized enterprises supplying products to their stores through (...)

7 Sep 2020 B

The Polish Competition Authority opens preliminary investigations into the rebate practices of 19 retail chains

Marcin Alberski, Piotr Dynowski • September 2020

In early July, the Polish competition authority (UOKiK) has opened preliminary investigations into the rebate practices of 19 retail chains. In particular, the authority will focus on whether retrospective rebates are used to exploit retail chains’ contractual advantage towards small and (...)

27 Aug 2020 B

The Austrian Competition Authority approves a brewery merger subject to conditions (Fohrenburg / Brau Union)

Katharina Bongs • August 2020

On 27 August 2020, the Austrian Federal Competition Authority (“FCA”) announced its conditional approval of the acquisition of 63% of the shares and sole control of the brewery company Fohrenburg Beteiligungs-Aktienge- sellschaft (“Fohrenburg”) by Austria’s largest brewery, Brau Union (...)

17 Jul 2020 B

The Croatian Competition Authority fines supermarket chain for imposing unfair trading practices in the business-to-business food supply chain (Kaufland Hrvatska)

Croatian Competition Authority • July 2020

Kaufland Hrvatska fined 1.1 million Kuna for imposing unfair trading practices* The Croatian Competition Agency (CCA) fined Kaufland Hrvatska k.d. (Kaufland) 1.1 million Kuna for a serious breach of the provisions of the Act on the prohibition of unfair trading practices in the (...)

16 Jul 2020 B

The EU Court of Justice Advocate General Pitruzzella guides on the method for calculating royalties that may lead to an abuse of dominance of a Belgian collecting society (SABAM)

Eugenia Caracciolo-Drudis • July 2020

On 16 July 2020, Advocate General (“AG”) Pitruzzella issued an opinion in Case C-327/19, advising the Court of Justice of the European Union (“ECJ”) on whether the method for calculating royalties used by SABAM, the Belgian collecting society, amounts to an abuse of a dominant position under (...)

2 Jul 2020 C

Antitrust In Life Sciences - Webinar #3: Do Pharmaceutical Mergers Harm Consumers?

Max Miller, Patricia Danzon, George A. Rozanski, Scott Hemphill

Webinar part of the "Antitrust in Life Sciences" conference organized by Concurrences and Fordham University, with Max Miller (Iowa Attorney General’s Office), Patricia Danzon (The Wharton School), George Rozanski (Bates White), and Scott Hemphill (NYU (...)

17 Jun 2020 B

The Paris Court of Appeal hands down an important judgement in a follow-on damages claims for the consequences of abusive practices in the telecommunications market (Orange / Digicel)

Bruno Deffains • June 2020

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 (...)

3 Jun 2020 B

The German Federal Court of Justice rejects an appeal against prohibition of exclusivity clauses in online sales of event tickets (Eventim)

Laura Lehoczky-Deckers • June 2020

In December 2017, the German Federal Cartel Office (“FCO”) prohibited ticketing services provider CTS Eventim from using exclusivity agreements with event organisers and ticket offices. CTS Eventim had to amend its contractual clauses and allow trading partners to sell at least 20% of their (...)

11 May 2020 B

The Danish Maritime and Commercial High Court rules that pieces of information in decision from the Competition Authority are not exempt from publication (Teller’s / Nets)

Danish Competition Authority • May 2020

Danish Maritime and Commercial High Court: Pieces of information in decision from the Danish Competition Council are not exempt from publication* On May 11 2020, The Danish Maritime and Commercial High Court decided that a series of information in an August 2018-decision from the Danish (...)

21 Apr 2020 B

The Turkish Competition Authority investigates RPM allegations against leading energy drink company and decides to close its in-depth investigation without imposing any administrative fines (Red Bull)

Bahadır Balkı, Ayberk Kurt, Alper Karafil • April 2020

In 21 April 2020, the Turkish Competition Authority (“TCA”) published its reasoned decision on resale price maintenance and de facto exclusivity conducts focusing on the practices carried by Red Bull Gıda Dağıtım ve Pazarlama Tic. Ltd. Şti. (“Red Bull”) Resale price maintenance and exclusionary (...)

2 Apr 2020 B

The French Competition Authority accepts commitments from the French incumbent postal operator to put an end to loyalty and bundled rebates in the parcel delivery sector (La Poste)

Camille François • April 2020

On 2nd April 2020, the French Competition Authority (“FCA”) closed its investigation on the merits of an abuse of dominant position case started in 2010, by accepting and rendering legally binding the commitments offered by the French incumbent postal operator La Poste, designed at putting an end (...)

2 avr. 2020 R

Rabais : L’Autorité de la concurrence accepte des engagements proposés par l’opérateur historique dans le secteur de la livraison de colis (La Poste)

Marie Cartapanis • N° 3-2020 • pp. 99-111

Plus de dix ans après l’ouverture d’une procédure à l’encontre de La Poste pour des pratiques mises en œuvre dans le secteur de la livraison de colis, et alors que la livraison de colis d’entreprises à particuliers fait face à un afflux massif en raison de la crise sanitaire, l’Autorité de la concurrence (...)

16 Mar 2020 B

The French Competition Authority imposes a record-breaking fine of €1.1 billion on a big tech company for engaging in restriction of resale opportunities, coordinating on prices and imposing unfair terms on its retailers (Apple / Tech Data / Ingram Micro)

Andrzej Kmiecik • March 2020

According to a press release of 16 March 2020, the French Competition Authority (the “FCA”) imposed a record-breaking fine of € 1.1 billion on Apple for anticompetitive practices in the distribution of Apple products (excluding iPhones). These practices included: (i) restricting resale (...)

16 Mar 2020 B

The French Competition Authority issues a fine totalling €1.1 billion on a big tech company for having implemented vertical agreements with some of its distributors and for abuse of economic dependency against its independent premium resellers (Apple / Tech Data / Ingram Micro)

Michaël Cousin, Christophe Lemaire • March 2020

On 16 March 2020, the French Competition Authority ("FCA") announced that it had fined Apple EUR1.1 billion, the highest fine ever imposed to an undertaking, for having implemented vertical agreements with certain of its distributors and an abuse of economic dependency against its independent (...)

16 Mar 2020 B

The French Competition Authority fines a big tech and its wholesalers a record €1,24 billion for their series of vertical restrictions within the distribution network and their abuse of economic dependence (Apple / Tech Data / Ingram Micro)

Aurelie Dellac • March 2020

In a decision of March 16, 2020, the French Competition Authority (Autorité de la concurrence, hereinafter “FCA”) imposed a €1,1 billion fine on the Apple group (“Apple”) for (i) engaging in a series of vertical restrictions of competition within its distribution network and (ii) abusing the economic (...)

27 Feb 2020 B

The German Competition Authority finds in a preliminary assessment that requests for special rebates from a furniture retailer to its suppliers could have been abusive (XXXLutz)

Tim Kasten • February 2020

According to a press release and case report of 27 February 2020, the German Federal Cartel Office (“FCO”) found in a preliminary assessment that requests for special rebates of furniture retailer XXXLutz could have been abusive. After the retailer changed its conduct, the FCO decided not to (...)

14 Feb 2020 B

The French Competition Authority issues its opinion on the tariffs for legal professions

French Competition Authority • February 2020

Regulated tariffs setting for legal professions: the Autorité publishes its opinion* The Autorité de la concurrence publishes online the opinion submitted to the French government following the publication in the Official Journal of the French Republic of a decree on the method for setting the (...)

31 Jan 2020 eB

2020 Competition Case Law Digest - A Synthesis of EU, US and National Leading Cases Antitrust in the US Pharmaceutical Sector

Michael A. Carrier

583 Antitrust in the Pharmaceutical Sector: An Overview of US Case Law m iChAel A. C Arrier rutgers University mcarrier@camden.rutgers.edu i. introduction the issues presented by pharmaceutical antitrust law are vital to national economies and patients' lives. they implicate patent law, (...)

31 Jan 2020 eB

2020 Competition Case Law Digest - A Synthesis of EU, US and National Leading Cases As Efficient Competitor Test

Peter Davis

79 As Efficient Competitor Test: An Overview of EU and National Case Law Peter d AV is* Cornerstone Research (London) pdavis@cornerstone.com I. Introduction Determining the appropriate standards to apply in Article 102 cases involving allegedly exclusionary conduct by a dominant firm continues (...)

13 Jan 2020 B

The Indian Competition Authority directs an investigation into allegations of anti-competitive agreements between e-commerce marketplaces (Amazon & Flipkart)

Manika Brar, Pallavi Shroff, Naval Satarawala Chopra, Shweta Shroff Chopra, John Handoll, Harman Singh Sandhu, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora • January 2020

The Competition Commission of India (CCI) has directed an investigation into allegations of anti-competitive agreements between e-commerce marketplaces Amazon and Flipkart, on the one hand, and sellers on these marketplaces, on the other. A Delhi based traders’ body alleged that Amazon and (...)

13 Jan 2020 B

The German Competition Authority imposes fines totalling €154.6 million on plant protection product suppliers for agreeing on price lists, rebates and retail prices (Agravis / Agro Agrargroßhandel / BayWa / BSL Betriebsmittel Service Logistik / Getreide / Raiffeisen Waren / ZG Raiffeisen)

Andrzej Kmiecik • January 2020

On 13 January 2020, the German Federal Cartel Office (FCO) imposed fines totalling € 154.6 million on seven undertakings for agreeing on price lists, rebates and retail prices for plant protection products between 1998 and 2015. Fines were also imposed on employees implicated in the infringing (...)

2 Dec 2019 B

The Dutch Competition Authority makes legally binding remedies proposed by an media company ending discount scheme in the radio advertising spots market (One Media Sales)

Dutch Competition Authority • December 2019

Following an ACM investigation, media company OMS is to adjust its discount scheme for radio advertising spots* From January 1, 2020, Dutch media company One Media Sales (OMS) will stop offering its so-called ‘budget-share discount’ when selling radio advertising spots. OMS has made this (...)

2 Dec 2019 B

The Australian Competition Authority releases its final report on customer loyalty schemes with implications for all businesses that collect and use personal information

Kaman Tsoi, Kate French, Sarah Benbow • December 2019

The recommendations in the ACCC’s final report on loyalty schemes have implications for all businesses that collect and use personal information The Australian Competition and Consumer Commission (ACCC) has released the final report and recommendations coming out of its market study into (...)

21 Nov 2019 B

Dominance in the pharmaceutical sector: An overview of EU and national case law

Mélanie Thill-Tayara, Marion Provost • Pharma & Dominance

The pharmaceutical sector stands out as being regularly under the scrutiny of competition authorities throughout Europe and has continued to be a key enforcement priority over the past 18 months, with notable developments in pay-for-delay and excessive pricing cases, as well as on market (...)

15 Oct 2019 B

The Belgian Competition Authority fines the national pharmacists Order for taking disciplinary measures limiting the ability to advertise and apply rebates to pharmaceutical products (Order of Pharmacists)

Annick Vroninks • October 2019

On 16 October 2019, the Belgian Competition Authority ("BCA") fined the national Order of Pharmacists €225,000 for taking disciplinary measures limiting the ability of pharmacists to advertise and apply rebates to parapharmaceutical products. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS The BCA’s (...)

3 Oct 2019 B

Unilateral conduct in the energy sector: An overview of EU and national case law

John Ratliff • Energy & Dominance

This chapter provides an overview of the practice of the European Commission (“EC”) and European national competition authorities (“NCAs”) as regards the application of competition rules to unilateral conduct in the energy sector. It is based mainly on cases reported in e-Competitions (abbreviated (...)

18 Sep 2019 B

The Danish Competition Appeals Tribunal confirms that a company abuses its dominance by using conditional rebates and exclusivity provisions in the payment card sector (Teller)

Danish Competition Authority • September 2019

The Danish Competition Appeals Tribunal confirms that Teller (now Nets) abused its dominant position by using rebates conditional on exclusivity and exclusivity provisions* The Danish Competition Appeals Tribunal (DCAT) confirmed the 18th of September 2019 the ruling by the Danish Competition (...)

11 Sep 2019 B

The US Court of Appeals for the Second Circuit nixes a $15 million antitrust jury verdict in favour of an airline company against a travel-planning giant (US Airways / Sabre)

Jeanette Bayoumi • September 2019

In the first two-sided market case to be decided by a court of appeals since the Supreme Court issued its American Express ruling (“Amex”) in June 2018, a Second Circuit Panel in September nixed a $15 million antitrust jury verdict in favor of US Airways against travel-planning giant Sabre (...)

10 Sep 2019 B

The Cypriot Competition Authority terminates its investigation into a services company for allegedly imposing unfair trading terms to its customers and retrospective rental fees for point of sales terminals (JCC)

Stephanie Theodotou, Panayiotis Agisilaou • September 2019

Introduction On 10 September 2019 the Cyprus Commission for the Protection of Competition (“CPC”) terminated its ex officio investigation against JCC Payment Systems Ltd (“JCC”), having concluded that there have been no violations of Sections 3(1) and 6(1) of the Protection of Competition Law (Law (...)

3 Sep 2019 B

The Indian Supreme Court flips its jurisprudence on abuse of dominance in a case involving radios taxis alleged of predatory pricing (Uber)

Kavita Jitani • September 2019

On September 3, 2019 The Supreme Court of India vide its judgement in Uber India Systems Pvt. Ltd. (Uber) v. Competition Commission of India (CCI) appears to have flipped the jurisprudence on abuse of dominance under the Indian Competition Act, 2002 (the “Act”) by requiring the assessment of the (...)

3 Sep 2019 B

The Indian Supreme Court dismisses an appeal against an investigation into allegations of abuse of dominance (Uber)

Basu Chandola • September 2019

SUPREME COURT OF INDIA UPHOLDS INVESTIGATION AGAINST UBER* The Hon’ble Supreme Court of India has dismissed an appeal[Uber India Systems Pvt. Ltd v Competition Commission of India, Civil Appeal No. 641 of 2017] filed by Uber India Systems Pvt. Ltd. (‘Uber’) against an order of the erstwhile (...)

3 Sep 2019 B

The Indian Supreme Court requests the Competition Authority’s Director General to continue the investigation allegations relating the abuse of dominance in the radio taxis sector (Uber)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora • September 2019

Deciding on an appeal from the National Company Law Appellate Tribunal (NCLAT), the Supreme Court requested the Director General, CCI (DG) to continue investigating allegations relating to abuse of dominance by Uber in the National Capital Region (NCR). [1] In considering whether the (...)

26 Jun 2019 B

The EU Commission opens an investigation against a designer of integrated circuits for wired communication devices and sends a Statement of Objections seeking to impose interim measures in TV and modem chipsets markets (Broadcom)

European Commission • June 2019

The European Commission has opened a formal antitrust investigation to assess whether Broadcom may be restricting competition through exclusivity practices, in breach of EU rules. The Commission intends to impose interim measures during the investigation with regard to TV and modem chipsets (...)

19 Jun 2019 B

The US FTC and the Colorado Attorney General file a complaint against a merger between an insurance company and a health services business for resulting in both horizontal and vertical competitive effects (UnitedHealth / DaVita)

Adam Cella, Jeny M. Maier • June 2019

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 19, UnitedHealth Group Incorporated (UnitedHealth Group) and DaVita, Inc. (DaVita) agreed to two separate consent agreements to resolve antitrust concerns (...)

10 May 2019 B

The Brussels Court of Appeal asks the EU Commission to provide advice and information regarding the tariffs for concerts and music festivals of a copyright collecting society (SABAM)

Koen Platteau, Mathieu Vancaillie • May 2019

On 10 May 2019, by interim judgment, the Brussels Court of Appeal asked the European Commission to provide advice and information regarding the tariffs for concerts and music festivals of SABAM – the Belgian copyright collecting society – in light of the prohibition to abuse a dominant position (...)

2 May 2019 B

Price Abuses: An overview of EU and national case law

Sean Ennis • Price abuses

Allegations of pricing abuses have tested the boundaries of competition law for more than a century and remain an important activity for many competition authorities and courts. While pricing abuses constituted key parts of some early antitrust case, many commentators have urged that they are (...)

1 May 2019 R

Conditional pricing and the AEC test: A happy marriage or an awkward couple?

Lucas Peeperkorn • N° 2-2019 • pp. 40-53

In this article the question is investigated whether and when conditional pricing and the AEC test form a happy couple. In situations where rebates are used to dampen competition between incumbents or as an exploitative device, applying the AEC test does not make sense. However, in cases where (...)

25 Apr 2019 B

The French Competition Authority dismisses a case in which a company denounced the discount and matching practices implemented by its rival in the market of television advertising (M6 / TF1)

French Competition Authority • April 2019

Television advertising* Following the referral of M6 regarding practices of TF1 Publicité, the Autorité de la concurrence dismisses the case. The complaint of M6 regarding TF1 Publicité In its referral, M6 denounced the discount and matching practices implemented by TF1 Publicité in the (...)

18 Apr 2019 B

Discrimination and Rebates: An overview of EU and national case law

Maria Maher, Lorenzo Vasselli • Rebates

Rebates are a common commercial practice in business and can have efficiency enhancing effects, leading to lower overall prices for customers and consumers. In addition, they might be used to stimulate downstream competition. However, rebates also have the potential to exclude rivals from a (...)

17 Apr 2019 B

The US FTC sues e-prescriptions company in rare monopolization case (Surescripts)

Aimee DeFilippo, Kenneth W. Field, Michael Sennett • April 2019

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In Short The Situation: The Federal Trade Commission ("FTC") recently filed a rare monopolization case, alleging that a health information technology company (...)

10 Apr 2019 B

The Hungarian Supreme Court annuls the Competition Authority’s decision which fined a company for having applied a discount scheme leading to dual pricing on the contact lenses market (Alcon)

Daniel Arányi, László Zlatarov • April 2019

The Hungarian Supreme Court ("Kúria") annulled on 10 April 2019 a decision of the Hungarian Competition Authority ("GVH") which had imposed a € 321,000 fine on Alcon Hungária Kft. and Alcon Services AG Hungarian branch (jointly, the "Alcon Companies") for having applied a discount scheme leading (...)

4 Apr 2019 B

As Efficient Competitor Test: An overview of EU and national case law

Peter Davis • As Efficient Competitor test

Determining the appropriate standards to apply in Article 102 cases involving allegedly exclusionary conduct by a dominant firm continues to provide substantial room for debate between and within the legal and economic communities. However, the nature of the debate has progressed substantially (...)

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