Résultats de la recherche

4 Jan 2021 B

The US DoJ announces that a ready-mix concrete company admitted to fixing prices and rigging bids (Argos USA)

US Department of Justice Antitrust Division • Preview

Ready-Mix Concrete Company Admits to Fixing Prices and Rigging Bids in Violation of Antitrust Laws* Argos USA LLC, a producer and seller of ready-mix concrete headquartered in Alpharetta, Georgia, was charged with participating in a conspiracy to fix prices, rig bids, and allocate markets for (...)

25 Nov 2020 B

The Lithuanian Competition Authority reduces fines imposed on a cartel of cinema companies as a measure against the COVID-19 pandemic (Theatrical Film Distribution / NCG Distribution / Forum Cinemas)

Lithuanian Competition Authority • November 2020

As a Result of COVID-19 Pandemic, Lithuanian Competition Council Reduces Fines Imposed on Cinema Companies That Formed Cartel* The Lithuanian competition authority Konkurencijos taryba has found that the film distributor Theatrical Film Distribution and the firms NCG Distribution and Forum (...)

25 Nov 2020 B

The Lithuanian Competition Authority reduces fines it imposed on cinema companies for forming cartel as a result of the COVID-19 pandemic (Theatrical Film Distribution / NCG Distribution / Forum Cinemas)

Lithuanian Competition Authority • November 2020

As a result of Covid-19 Pandemic, Lithuanian Competition council reduces fines imposed on cinema companies that formed cartel* The Lithuanian competition authority Konkurencijos taryba has found that the film distributor Theatrical Film Distribution and the firms NCG Distribution and Forum (...)

24 Nov 2020 B

The Italian Administrative Court annuls fines imposed by the Competition Authority for an alleged automotive financial services cartel (Banca / Banque PSA / Santander Consumer Bank / BMW Bank...)

Giovanni Pregno • Preview

On 24 November 2020, the Italian Regional Administrative Court for Lazio (“IRAC”) annulled a decision issued by the Italian Competition Authority (“ICA”) in the automotive financial services cartel case in which a total fine of € 678 million was imposed (“Decision”). On 20 December 2019, the ICA had (...)

23 Nov 2020 B

The Croatian Competition Authority fines a business-to-business food re-seller for imposing unfair trading practices on its suppliers but reduces the fine in light of cooperation, company’s small size, and the company’s importance for the national island tourism sector (Jadranka trgovina)

Croatian Competition Authority • November 2020

Unfair Trading Practices: Cca Imposes HRK 85,000 Fine on Jadranka Trgovina* The Croatian Competition Agency (CCA) opened three ex officio infringement proceedings against Jadranka trgovina within the meaning of the Act on prohibition of unfair trading practices in the business-to-business food (...)

18 Nov 2020 B

The EU General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position on the national rail freight market (Lietuvos geležinkelai)

General Court of the European Union • November 2020

The General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position on the Lithuanian rail freight market* Lietuvos geležinkeliai AB (‘LG’), the national railway company of Lithuania, both manages railway infrastructure and (...)

18 Nov 2020 B

The EU General Court maintains Commission decision finding that a Lithuanian railway company abused its dominant position on the national rail freight sector (Lietuvos geležinkelai)

Samuel Hall • November 2020

On 18 November 2020, the General Court (“GC”) issued its judgment confirming the European Commission’s (“Commission”) decision to fine Lithuanian Railways for the abuse of its dominant position on the Lithuanian rail freight market. The GC rejected all of the appellant’s complaints, but reduced the (...)

11 Nov 2020 B

The UK Court of Appeal clarifies the ability of parties that settle EU Commission antitrust investigations to challenge the Commission’s findings in follow-on damages actions (Trucks cartel)

Jonathan Kelly, Nicholas Levy, Paul Gilbert, Paul Stuart, Fay Davies • November 2020

The Court of Appeal has handed down an important judgment clarifying the ability of parties that settle European Commission (Commission) antitrust investigations to challenge the Commission’s findings in follow-on damages actions. The judgment concerns an appeal relating to a preliminary issue (...)

11 Nov 2020 B

The UK Court of Appeal dismisses an appeal relating to the evidential weight to be given to recitals to an EU Commission infringement decision issued under the settlement procedure (Trucks cartel)

Euan Burrows, Max Strasberg • November 2020

On 11 November 2020, the Court of Appeal emphatically dismissed an appeal brought by five truck manufacturers against a judgment of the Competition Appeal Tribunal ("CAT") handed down in March 2020 relating to the evidential weight to be given to recitals to a European Commission infringement (...)

10 Nov 2020 B

The Polish Competition Authority fines manufacturer of musical equipment for resale price maintenance (Yamaha Music Europe)

Polish Competition Authority • November 2020

Decision of the President of UOKiK on overpricing of Yamaha musical equpiment* For 13 years, Yamaha Music Europe has been setting minimum prices for resale of musical equipment in online stores in Poland with its distributors. President of UOKiK Tomasz Chróstny imposed a fine of half a million (...)

10 Nov 2020 B

The Polish Competition Authority fines a music manufacturer for setting minimum online resale prices (Yamaha Music Europe)

Joanna Redelbach • November 2020

According to a press release of 5 November 2020, the Polish Office of Competition and Consumer Protection (the “UOKIK”) imposed a fine of PLN 511,806.92 (approximately € 114,000) on musical equipment manufacturer Yamaha for setting minimum prices at which its products could be sold by distributors (...)

5 Nov 2020 B

The Japanese FTC closes investigation into conduct that allegedly caused all 12 members of a professional baseball association to refuse to sign contracts with certain players (Nippon Professional Baseball)

Japanese Competition Authority • November 2020

Closing the Investigation on the Suspected Violation of the Antimonopoly Act by Nippon Professional Baseball* The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) has investigated Nippon Professional Baseball (hereinafter referred to as the “NPB”). The NPB is the Japanese top (...)

4 Nov 2020 B

The UK Competition Authority issues fines of over £9m for roofing lead cartel (Associated Lead Mills / BLM British Lead)

UK Competition Authority • November 2020

CMA issues fines of over £9m for roofing lead cartel* The CMA has imposed fines totalling more than £9m on 2 of the UK’s largest suppliers of rolled lead, for breaking competition law. Following an investigation into suspected cartel conduct, the Competition and Markets Authority (CMA) found (...)

4 Nov 2020 B

The UK Competition Authority fines two suppliers of rolled lead for entering into anticompetitive arrangements (Associated Lead Mills / BLM British Lead)

William Haig • November 2020

On 4 November 2020, the UK’s Competition and Markets Authority (“CMA”) imposed fines totalling £9.5 million on two of the UK’s largest rolled lead suppliers for their role in a roofing lead cartel. The CMA fined Associated Lead Mills Ltd and H.J. Enthoven Ltd (trading as BLM British Lead) £1.5 (...)

8 Oct 2020 B

The EU Court of Justice Advocate General Hogan recommends reducing fine imposed on a company in steel abrasives cartel case (Pometon)

Richard Burton, Dilja Helgadottir, Steve Ross • October 2020

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 (...)

6 Oct 2020 B

The Ankara Administrative Court upholds the fines imposed by the Competition Authority on two electricity sales companies for abuse of dominance and annuls it for a third company (RESCs / AYEDAŞ)

Gönenç Gürkaynak, Barış Yüksel, Baran Can Yıldırım • October 2020

(1) Introduction In 2018, in its Enerjisa decision, the Turkish Competition Board (“ Board ”) had imposed administrative fines amounting to a total of TRY 143 million on three retail electricity sales companies (namely AYESAŞ, BAŞKENT and TOROSLAR) (together, the “ RESCs ”) and one electricity (...)

29 Sep 2020 B

The EU Commission fines car parts suppliers €18 million in cartel settlement in the market for closure systems for cars (Brose / Kiekert / Magna)

European Commission • September 2020

Antitrust: Commission fines car parts suppliers of € 18 million in cartel settlement* The European Commission has fined Brose and Kiekert a total of € 18 million for taking part in two cartels concerning supplies of closure systems for cars in the European Economic Area (EEA). Magna was not (...)

29 Sep 2020 B

The Romanian Competition Authority sanctions 5 companies with EUR 468,000 for rigging the bids on rehabilitation of the streets in Pitesti (Construct Steel Market / Construcții Drumuri și Lucrări de Artă / Comesad Drumuri / General Trust Argeș / Selca)

Romanian Competition Authority • September 2020

The Competition Council Sanctioned Five Companies With Lei 2.23 Million for Riging the Bid* The Competition Council sanctioned with fines amounting 2,237,094 lei (approx. 468,000 euro) five companies for rigging the bids on rehabilitation of the streets in Pitesti, as follows: Construct Steel (...)

29 Sep 2020 B

The Romanian Competition Authority fines five companies for participating in a bid rigging cartel in public tender for street refurbishment (Construct Steel Market / Construcții Drumuri și Lucrări de Artă / Comesad Drumuri / General Trust Argeș / Selca)

Charlotte de Meeûs • September 2020

On 24 September 2020, the Romanian Competition Council (“RCC”) imposed fines totalling € 468,000 on five companies for engaging in bid-rigging in relation to public tenders concerning the refurbishment of certain streets in the Romanian city of Pitesti. The investigation started in 2018 following (...)

24 Sep 2020 B

The UK Competition Authority lowers discount in fines for resale price maintenance leniency applicants

Margot Vogels, Andreas Reindl • September 2020

On 24 September 2020, the UK’s Competition and Markets Authority (“CMA”) modified its leniency guidelines so that companies that apply for leniency after the opening of a retail price maintenance (“RPM”) investigation should only expect to receive a maximum 50% discount in fines. Previously, the (...)

24 Sep 2020 B

The Austrian Cartel Court finds musical instrument manufacturer guilty of price fixing (Roland Germany)

Austrian Competition Authority • September 2020

Cartel Court finds Roland Germany GmbH guilty of price fixing* The company cooperated with the AFCA within the leniency programme On 24 September 2020 the Cartel Court, acting on the Austrian Federal Competition Authority’s (AFCA) application of 2 June 2020, found Roland Germany GmbH to have (...)

18 Sep 2020 B

The Danish Competition Authority fines a design company for dictating prices (GUBI)

Danish Competition Authority • September 2020

Design company pays fine of DKK 6 million for dictating prices* GUBI A/S, a Danish design company within furniture and lighting, has entered into a settlement and accepted to pay a fine of DKK 6 million for infringing the Danish Competition Act. The company contacted the authorities on the (...)

18 Sep 2020 B

The Spanish Competition Authority sanctions the amendment of the 4th framework agreement on stowage, for restricting competition (ANESCO / CETM / UGT / CC.OO. / CIG / LAB / ELA)

Spanish Competition Authority • September 2020

The CNMC sanctions the amendment of the 4th framework agreement on stowage, for restricting competition* The entities (a business association and six unions) established, as part of the Negotiating Commission of the 4th Framework Agreement on Stowage, the forced transfer - under non-objective, (...)

18 Sep 2020 B

The Danish Competition Authority fines a design company for resale price maintenance (GUBI)

Andrzej Kmiecik • September 2020

According to a press release issued by the Danish Competition Authority (the “Authority”) on 18 September 2020, Danish design company GUBI A/S has entered into a settlement with the Authority and accepted to pay a fine of DKK 6 million (approximately € 800,000) for having engaged in resale price (...)

16 Sep 2020 B

The Belgian Competition Authority updates its guidelines on the calculation of fines

Belgian Competition Authority • September 2020

Guidelines of the Belgian Competition Authority on the calculation of fines* As a result of the Royal Decree of 31 July 2020 published in the Belgian Official Gazette on 12 August 2020, the new Article IV.79 of the Code of Economic Law (CEL) entered into force on 22 August 2020. Pursuant to (...)

16 Sep 2020 B

The Belgian Competition Authority adopts fining guidelines which extend the scope to include the sanction for abuse of economic dependency

Valerie Lefever, Charlotte de Meeûs, Vincent Reijns • September 2020

On 3 September 2020, the Belgian Competition Authority adopted new guidelines on the method of setting fines for competition law infringements (the “Fining Guidelines”). The Fining Guidelines were published in the Belgian Official Journal on 16 September 2020 and entered into force immediately. (...)

15 Sep 2020 B

The Italian Competition Authority fines three energy companies for late merger control notification (Acea / Mediterranea Energia / Alma)

Michele Giannino • September 2020

In Pescara Distribuzione Gas the Italian Competition Authority (ICA) has found Acea, Mediterranea Energia (ME) and Alma CIS (Alma) guilty of gun-jumping for late merger control notification. They violated Article 16(1) of the Law no. 287/1990 whereby mergers exceeding the statutory dimensional (...)

14 Sep 2020 B

The US New York State Senate proposes legislation to modernize state antitrust law and expands the State’s and private litigants’ ability to litigate against companies for anticompetitive conduct (Twenty-First Century Anti-Trust Act)

Grant Petrosyan • September 2020

New York Could Lead the Nation Into 21st Century Antitrust Enforcement* New York is on the verge of revamping state antitrust enforcement to tackle competition issues of the 21st Century. On September 14, 2020, the Consumer Protection Committee of the New York State Senate held a virtual (...)

14 Sep 2020 B

The Czech Supreme Court decides on clearly disproportionate fines for unauthorized acquisition (Armex Oil)

Vojtech Chloupek, Jiři Švejda • September 2020

Supreme Administrative Court decides on clearly disproportionate fines for unauthorized acquisition. In 2013, the company ARMEX Oil acquired an ownership interest in the company TRANSCARGO without notifying the Competition Protection Office ("Office") and awaiting its approval. Two years (...)

28 Aug 2020 B

The Polish Competition Authority imposes penalties on producers of feed for breeding animals for engaging in market sharing and concluding restricting agreements (Polmass / Ekoplon)

Polish Competition Authority • August 2020

President of UOKiK has imposed penalties of more than PLN 17 million for market division scheme* Producers of feed for breeding animals – Polmass and Ekoplon – have concluded competition-restricting agreements. They shared two markets, thus limiting customers in their free selection of products. (...)

20 Aug 2020 B

Mitigation of fines: An overview of EU and national case law

Anne-Laure-Hélène des Ylouses, Christian Bahr • Mitigation of fines

Relatively unnoticed, the European Commission recently has expanded its range of premiums with which it wants to persuade companies to cooperate. True to their proven "carrot and stick" approach, in future cases there should be financial incentives for cooperation also in areas in which accused (...)

18 Aug 2020 B

The Dutch Trade and Industry Appeals Tribunal lowers with 99% a fine imposed for cartel by the Competition Authority due to the COVID-19 pandemic

Mariska Van De Sanden, Tialda Beetstra • August 2020

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 (...)

6 Aug 2020 B

The Chinese State Administration for Market Regulation publishes anti-monopoly guidelines on leniency and commitments

Peter J. Wang, Yizhe Zhang, Qiang Xue, Marc Siegel, Alexandre G. Verheyden • August 2020

The Anti-Monopoly Bureau of China’s State Administration for Market Regulation (“SAMR”) released four sets of long-awaited anti-monopoly guidelines. This White Paper addresses the Guidelines on Application of Leniency Program in Horizontal Monopoly Agreement Cases and the Guidelines on (...)

30 Jul 2020 B

The Indian Government allows the Tax Department to share information with the Competition Authority, which shows leniency to two companies involved in cartel cases in the transport sector due to COVID-19 (automotive bearing case) (railway locomotive case)

Hrishav Kumar, Anish Gupta • July 2020

CCI joins forces with the Indian Tax Department: A new dawn for the Indian Fair-trade regulator?* The outbreak of the Covid-19 pandemic has worsened the already struggling Indian economy and the sky-high growth in the cartel cases in the country comes as no surprise. However, given the current (...)

28 Jul 2020 B

The Greek Competition Authority fines two furniture companies for bid rigging a public hospital’s tender, but reduces their fines for cooperation in the case (Papanastasiou / Pichas)

Hellenic Competition Authority • July 2020

Decision on the ex-officio investigation in the furniture and professional equipment market (703/2020)* The Hellenic Competition Commission (HCC), in plenary, adopted a unanimous decision following the simplified Settlement Procedure according to article 25a of Law 3959/2011 and Decision no. (...)

14 Jul 2020 B

The EU Commission fines ethylene purchasers €260 million in cartel settlement for colluding to buy at the lowest possible price (Orbia / Clariant / Celanese / Westlake)

European Commission • July 2020

Antitrust: Commission fines ethylene purchasers € 260 million in cartel settlement* The European Commission has fined Orbia, Clariant and Celanese a total of € 260 million for breaching EU antitrust rules. Westlake was not fined as it revealed the cartel to the Commission. The companies took (...)

14 Jul 2020 B

The EU Commission fines ethylene purchasers for having colluded and exchanged information on purchase prices (Orbia / Clariant / Celanese / Westlake)

Denis Fosselard, Alexi Dimitriou, Neil Cuninghame • July 2020

Fines for ethylene purchasing cartel On 14 July 2020, the European Commission ("Commission") fined ethylene purchasers Orbia, Clariant and Celanese EUR 260 million for having colluded and exchanged information on purchase prices on the ethylene merchant market with a fourth participant, (...)

14 Jul 2020 B

The EU Commission fines ethylene purchasers €260 million in cartel settlement (Orbia / Clariant / Calanese / Westlake)

Richard Burton • July 2020

On 14 July 2020, the European Commission (the “Commission”) announced that it had adopted a decision fin‐ ing three ethylene purchasers a total of € 260,443,000. The companies concerned namely, Orbia (Mexico), Clari‐ ant (Switzerland), Calanese (United States) and Westlake (United States), were (...)

10 Jul 2020 B

The Indian Competition Authority imposes a cease and desist on multiple rail companies guilty for cartelization but avoids fining due to companies’ size and the economic impact of COVID-19 (Chief Materials Manager, South Eastern Railway / Hindustan Composites)

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

Following references by procurement officials of a number of railway companies, the Competition Commission of India (CCI) found that 10 suppliers of composite brake blocks had, at least from 2009 to 2017, engaged in cartelization, by means of directly or indirectly determining prices, (...)

10 Jul 2020 B

The Indian Competition Authority identifies cartels but does not impose any penalty amidst the COVID-19 pandemic (South Eastern Railway / Hindustan Composites)

Abhishek Tripathy • July 2020

The Indian antitrust watchdog has changed its modus operandi in the ensuing pandemic, by taking a softer stance on cartel-like behaviour in the Micro Small and Medium Enterprises (MSME) sector. In July 2020, the Competition Commission of India (‘Commission’), while proving the existence of a (...)

8 Jul 2020 B

The EU General Court orders that the fine imposed on a semiconductor manufacturer for its participation in a cartel in the smart card chip market be reduced by almost €6 million, from €82,784,000 to €76,871,600 (Infineon Technologies)

General Court of the European Union • July 2020

The General Court orders that the fine imposed on Infineon for its participation in a cartel in the smart card chip market be reduced by almost €6 million, from €82,784,000 to €76,871,600* The Commission took insufficient account of the limited number of the anticompetitive contacts which (...)

8 Jul 2020 B

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)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia, Enrique Fayos, Laura Moya • July 2020

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 (...)

26 Jun 2020 B

The US Congress approves the renewal and permanent extension of the Antitrust Criminal Penalty Enhancement and Reform Act

Kenneth B. Schwartz, Karen M. Lent • June 2020

On June 25, 2020, Congress approved the renewal and permanent extension of the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA or “the Act”), which limits the civil damages exposure of companies that cooperate with the Department of Justice (DOJ) in selfreporting their own (...)

25 Jun 2020 B

The Lithuanian Parliament amends the Competition Act with regard to such matters as independence, resources, powers and sanctions, in line with provisions of the Directive of the EU Parliament and Council

Lithuanian Competition Authority • June 2020

Competition Law Amendments Will Ensure More Effective Competition Enforcement in Lithuania* Today Seimas adopted amendments to the Law on Competition which will transpose the provisions of the Directive of the European Parliament and Council into national law, ensuring uniform regulation of (...)

25 Jun 2020 B

The US DoJ welcomes the Congressional reauthorization of the antitrust criminal penalty enhancement and reform act

US Department of Justice Antitrust Division • June 2020

Department of Justice Applauds Congressional Passage Of Reauthorization Of The Antitrust Criminal Penalty Enhancement And Reform Act* On June 25, the U.S. House of Representatives and Senate passed identical bills, H.R. 7036 and S. 3377, to repeal the sunset provision of the Antitrust Criminal (...)

22 Jun 2020 B

The Hong Kong Competition Authority publishes policy on recommended pecuniary penalties for anti-competitive conduct

Hong Kong Competition Authority • June 2020

Competition Commission publishes Policy on Recommended Pecuniary Penalties for anti-competitive conduct* The Competition Commission (Commission) today published a policy on recommended pecuniary penalties (Policy) for anti-competitive conduct. The Policy outlines the general principles and (...)

10 Jun 2020 B

The Spanish Competition Authority publishes guidelines on compliance programmes

Rafael Baena, Pablo Velasco • June 2020

Spanish authority publishes compliance guidance The Spanish competition authority ("CNMC") has published a "Guide on Regulatory Compliance Programmes in Relation to Competition Law" (the "Compliance Guide") which provides guidance on the circumstances in which internal compliance programmes (...)

21 May 2020 B

The Spanish Supreme Court sheds light on the liability of cartel members not directly active in the relevant market (FENIN)

Pedro Callol, Manuel Canadas Bouwen, Enrique Fayos, Jorge Manzarbeitia, Laura Moya • May 2020

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 (...)

15 May 2020 B

The Slovakian Council of the Antimonopoly Office imposes fines totalling €6,7 million for a cartel agreement between dealers of motor vehicles (Volkswagen)

Robert Čuperka, Vojtech Chloupek • May 2020

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 (...)

14 May 2020 B

The EU Court of Justice partially annuls the General Court power cables cartel decision and reduces the fine imposed by €200,000 (NKT)

Richard Burton • May 2020

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 (...)

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