Cleary Gottlieb Antitrust Developments in Europe

Antitrust laws and proceedings in Europe, both at the Union and national/member state levels, profoundly shape the European and international business landscape. It is essential, therefore, that business leaders and legal practitioners remain informed of the most important antitrust law developments and their effect on the business world. Cleary Gottlieb Antitrust Law Developments covers a full range of antitrust issues, such as mergers and acquisitions; abuse of dominant position/monopolization; imposition of fines on both natural persons and companies, etc.

Covering the full range of issues, Cleary Gottlieb Antitrust Developments in Europe 2017 provides a practical commentary on the major developments of 2017/early 2018 in antitrust law at the EU level and in select Member States.

Cleary Gottlieb Antitrust Law Developments yearbook contains insightful and concise analysis of major antitrust actions.

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Print Book :1 volume, softbound, updated annually
2017 Edition
ISBN: 9781522160229
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As with prior editions, the 2017 (release 2018) yearbook edition of Antitrust Developments in Europe is divided into two sections: Part I provides an overview of EU competition law developments, while Part II summarizes key national competition law developments that have taken place in the title year. Both sections are further subdivided by substantive topic area, and by jurisdiction in the case of Part II.

Cleary Gottlieb Antitrust Developments in Europe, covers a number of topics such as: the application of EU and national antitrust laws to domestic and cross-border mergers, acquisitions, joint ventures and minority holdings; relations among competitors and among companies operating at different levels of trade; the behavior of dominant companies; the application of State aid rules; proceedings before the European Commission and national antitrust authorities; arbitration; and litigation before the European Courts and national courts.

Authors / Contributors

Table of Contents

PART I EU Competition Developments



CHAPTER I HORIZONTAL AGREEMENTS


European Court of Justice Judgments

FERALPI V. COMMISSION (CASE C-85/15P); FERRIERA VALSABBIA AND OTHERS V. COMMISSION (JOINED CASES C-86/15P AND C-87/15P); FERRIERE NORD V. COMMISSION (CASE C-88/15P); AND RIVA FIRE V. COMMISSION (CASE C-89/15P)

APVE AND OTHERS (CASE C-671/15)



European Court of Justice Advocate General Opinions

F. HOFFMANN-LA ROCHE AND OTHERS (CASE C-179/16), OPINION OF ADVOCATE GENERAL SAUGMANDSGAARD ØE



CHAPTER II FINING POLICY

European Court of Justice Judgments

TIMAB INDUSTRIES AND CFPR V. COMMISSION (CASE C-411/15P)

TOSHIBA V. COMMISSION (CASE C-623/15P)

COMMISSION V. TOTAL AND ELF AQUITAINE (CASE C-351/15P)

LAUFEN AUSTRIA AG V. COMMISSION (CASE C-637/13P)

SAMSUNG SDI AND OTHERS V. COMMISSION (CASE C-615/15P)

AKZO NOBEL AND OTHERS V. COMMISSION (CASE C-516/15P)

TOSHIBA V. COMMISSION (CASE C-180/16P)

LG ELECTRONICS AND PHILIPS V. COMMISSION (JOINED CASES C-588/15 AND C-622/15)

GLOBAL STEEL WIRE V. COMMISSION (CASES C-454/16P AND C-457/16P); MOREDA-RIVIÈRE TREFILERIAS V. COMMISSION (CASES 455/16P AND C-461/16P);

TREFILERIAS QUIJANO V. COMMISSION (CASES C-456/16P AND C-460/16P); AND TRENZAS Y CABLES DE ACERO V. COMMISSION (CASES C-458/16P AND C-459/16P)



General Court Judgments

ICAP AND OTHERS V. COMMISSION (CASE T‑180/15)



Commission Decisions

SMART CARD CHIPS (CASE COMP/AT.39574)



CHAPTER III ABUSE

European Court of Justice Judgments

INTEL V. COMMISSION (CASE C-413/14P)

AUTORTIESĪBU UN KOMUNICĒŠANĀS KONSULTĀ CIJU AĢENTŪRA—LATVIJAS AUTORU APVIENĪBA (CASE C-177/16)



European Court of Justice Advocate General Opinions

MEO—SERVIÇOS DE COMUNICAÇÕES E MULTIMÉDIA (CASE C-525/16), OPINION OF ADVOCATE GENERAL WAHL



Commission Decisions

E.ON GAS FORECLOSURE (CASE COMP/39.317)

GAZPROM (CASE COMP/AT.39816)

GOOGLE SEARCH (SHOPPING) (CASE COMP/AT.39740)



CHAPTER IV VERTICAL RESTRAINTS

European Court of Justice Judgments

COTY GERMANY (CASE C-230/16)



General Court Judgments

CEAHR V. COMMISSION (CASE T‑712/14)



Commission Decisions

E-BOOK MFNS AND RELATED MATTERS (AMAZON) (CASE COMP/AT.40153)



CHAPTER V INTELLECTUAL PROPERTY AND LICENSING

General Court Judgments

TOPPS EUROPE V. COMMISSION (CASE T-699/14)



CHAPTER VI MERGERS AND ACQUISITIONS

European Court of Justice Judgments

AUSTRIA ASPHALT V. BUNDESKARTELLANWALT (CASE C-248/16)



General Court Judgments

UNITED PARCEL SERVICE V. COMMISSION (CASE T-194/13)

MARINE HARVEST V. COMMISSION (CASE T-704/14)



Commission Decisions

Phase II Decisions With Undertakings

DOW/DUPONT (CASE COMP/M.7932)



Phase II Decisions Without Undertakings

DEUTSCHE BÖRSE/LONDON STOCK EXCHANGE GROUP (CASE COMP/M.7995)

HEIDELBERGCEMENT/SCHWENK/CEMEX HUNGARY/CEMEX CROATIA (CASE COMP/M.7878)



Phase I Decisions With Undertakings

TEVA/ALLERGAN (CASE COMP/M.7746)

ABINBEV/SABMILLER (CASE COMP/M.7881)

ASL/ARIANESPACE (CASE COMP/M.7724)

VODAFONE/LIBERTY GLOBAL/DUTCH JV (CASE COMP/M.7978)

BOEHRINGER INGELHEIM/SANOFI ANIMAL HEALTH BUSINESS (CASE COMP/M.7917)

ABBOTT LABORATORIES/ST JUDE MEDICAL (CASE COMP/M.8060)
MICROSOFT/LINKEDIN (CASE COMP/M.8124)

BROADCOM/BROCADE (CASE COMP/M.8314)

J&J/ACTELION (CASE COMP/M.8401)

DUPONT/FMC (HEALTH AND NUTRITION BUSINESS) (CASE COMP/M.8440)



CHAPTER VII STATE AID

European Court of Justice Judgments

ENEA S.A. V. PREZES URZĘDU REGULACJI ENERGETYKI (CASE C-329/15)

COMMISSION V. FRUCONA KOŠICE (CASE C-300/16P)

COMMISSION V. ITALY (CASE C467/15P)

VIASAT BROADCASTING UK V. COMMISSION (CASE C-660/15P) AND COMMISSION V. TV2/DANMARK (CASE C-656/15P), VIASAT BROADCASTING UK V. TV2/DANMARK (CASE C-657/15P), AND TV2/DANMARK V. COMMISSION (CASE C-649/15P)

COMUNIDAD AUTÓNOMA DE GALICIA AND RETEGAL V. COMMISSION (CASE C-70/16P)



General Court Judgments

FRANCE V. COMMISSION AND SNCM V. COMMISSION (CASES T-366/13 AND T-454/13) AND SNCM V. COMMISSION (CASE T-1/15)



Commission Decisions

ORDERLY LIQUIDATION OF BANCA POPOLARE DI VICENZA AND VENETO BANCA—LIQUIDATION AID (CASE SA.45664)

NEW AID AND AMENDED RESTRUCTURING PLAN OF BANCA MONTE DEI PASCHI DI SIENA (CASE SA.47677)



CHAPTER VIII POLICY AND PROCEDURE

European Court of Justice Judgments

EVONIK DEGUSSA GMBH V. COMMISSION (CASE C-162/15P)

PACIFIC FRUIT V. COMMISSION (CASE C-469/15P)

AGC GLASS EUROPE AND OTHERS V. COMMISSION (CASE C-517/15P)

GASORBA AND OTHERS (CASE C-547/16)



General Court Judgments

GASCOGNE SACK DEUTSCHLAND AND GASCOGNE V. UNION (CASE T-577/14)

AALBERTS INDUSTRIES V. EUROPEAN UNION (CASE T-725/14)

GUARDIAN EUROPE V. EUROPEAN UNION (CASE T-673/15)

VIMC V. COMMISSION (CASE T-431/16)



PART II National Competition Developments



CHAPTER I BELGIUM

Horizontal Agreements

INFRABEL BID RIGGING CARTEL



Abuse

THE BCA IMPOSES INTERIM MEASURES ON THE INVITATION SYSTEM OF THE GLOBAL CHAMPIONS TOUR AND LEAGUE SHOWJUMPING SERIES



Vertical Agreements

IN NEW SETTLEMENT DECISION, BCA FINES ALGIST BRUGGEMAN €5.5 MILLION FOR RESALE PRICE MAINTENANCE AND OTHER ANTICOMPETITIVE CONDUCT



Mergers and Acquisitions

BCA PARTIALLY LIFTS 20-YEAR-OLD BEHAVIORAL MERGER REMEDIES

BRUSSELS COURT OF APPEAL DISMISSES ALKEN MAES' REQUEST TO SUSPEND AB INBEV TAKEOVER



Policy and Procedure

BCA PUBLISHES GUIDANCE ON BID RIGGING IN PUBLIC PROCUREMENT

GOVERNMENT PROPOSES DRAFT ACT TO GUARANTEE PRICING FREEDOM OF TOURIST ACCOMMODATION OPERATORS IN CONTRACTS CONCLUDED WITH ONLINE TRAVEL AGENCIES

NEW ROYAL DECREE ESTABLISHES A COOPERATION FRAMEWORK BETWEEN THE BCA AND THE BELGIAN ENERGY REGULATOR

BRUSSELS COURT OF APPEAL HOLDS THAT PAINT DISTRIBUTOR DAWN RAID DOCUMENTS FALL WITHIN THE SCOPE OF BCA INVESTIGATION



CHAPTER II FINLAND

Horizontal Agreements

MARKET COURT IMPOSES FINES FOR A CARTEL IN THE BUS SECTOR



Abuse

HELSINKI COURT OF APPEAL AWARDS DAMAGES FOR ABUSE OF DOMINANCE IN THE TELECOMS SECTOR



Policy and Procedure

GOVERNMENT WORKING GROUP PROPOSES TO AMEND COMPETITION ACT FINNISH GOVERNMENT PROPOSES TEMPORARY OBLIGATION TO NOTIFY MERGERS IN SOCIAL AND HEALTHCARE SECTOR



CHAPTER III FRANCE

Horizontal Agreements

THE PARIS COURT OF APPEAL SIGNIFICANTLY REDUCES THE FINES IMPOSED BY THE FCA IN THE DAIRY PRODUCTS CASE

THE FCA FINES LEADING MANUFACTURERS OF FLOOR COVERINGS FOR PRICE INCREASE COORDINATION AND EXCHANGE OF COMMERCIALLY SENSITIVE INFORMATION FOLLOWING THE NEW SETTLEMENT PROCEDURE



Abuse

THE PARIS COURT OF APPEAL PARTIALLY OVERTURNS AN FCASANCTION DECISION FOR VIOLATION OF THE RIGHTS OF DEFENSE

THE FCA FINES FRENCH ENERGY PROVIDER ENGIE €100 MILLION FOR ABUSE OF DOMINANCE

THE FCA IMPOSES COMMITMENTS ON THE FRENCH NATIONAL INSTITUTE FOR PREVENTIVE ARCHAEOLOGICAL RESEARCH

THE FCA ACCEPTS ENGIE'S COMMITMENTS TO REMEDY ABUSE OF DOMINANCE CONCERNS IN THE ENERGY SECTOR

THE FCA ACCEPTS SCHNEIDER ELECTRIC'S COMMITMENTS TO REMEDY ABUSE OF DOMINANCE CONCERNS IN THE ELECTRICAL EQUIPMENT MAINTENANCE SECTOR



Vertical Agreements

THE FCA ORDERS TEREOS TO AMEND ITS SUGAR BEET SUPPLY CONTRACTS

THE FCA JOINTLY FINES MANUFACTURER OF DESSERT PRODUCTS MATERNE AND ITS WHOLESALER-IMPORTER SODIBEL FOR IMPLEMENTING AN EXCLUSIVE IMPORT AGREEMENT IN THE FRENCH OVERSEAS TERRITORIES



Policy and Procedure

FRANCE IMPLEMENTS THE EUANTITRUST DAMAGES DIRECTIVE
THE FCA FINES BRENNTAG FOR OBSTRUCTING ITS INVESTIGATION IN THE CHEMICAL DISTRIBUTION SECTOR




CHAPTER IV GERMANY

Horizontal Agreements

DCA RULES ON SELECTIVE AGREEMENT WITH HEALTH INSURANCES

FCO CLOSES PROCEEDINGS AGAINST AUDIBLE/AMAZON AND APPLE

FCJ CONFIRMS NON-APPLICABILITY OF ANTITRUST LAW TO AGREEMENTS AMONG STATUTORY HEALTH INSURANCES

DCA CONFIRMS FINES AGAINST CONFECTIONERY MANUFACTURERS FOR ANTICOMPETITIVE INFORMATION EXCHANGES

DCA CONFIRMS PROHIBITION OF JOINT MARKETING OF ROUND TIMBER IN BADEN-WÜRTTEMBERG

FCO FINES MANUFACTURERS OF INDUSTRIAL BATTERIES

FCO FINES THREE MANUFACTURERS OF AUTOMOTIVE PARTS €110 MILLION IN FINES UNENFORCEABLE DUE TO "SAUSAGE GAP"

DCA REVERSES INITIAL JUDGMENT ON CABLE NETWORK FEED-IN FEES



Fining v Policy

DCA INCREASES FINES FOR PRICE-FIXING ON WALLPAPER MANUFACTURERS TO OVER €19 MILLION



Abuse

FCJ RULES ON ABUSE OF DOMINANCE BY A PENSION FUND

FCO CONCLUDES PROCEEDINGS AGAINST SUPPLIERS OF DISTRICT HEATING

FCJ RULES ON THE APPLICABILITY OF ABUSE OF DOMINANCE RULES WITH REGARD TO ENERGY BASE SUPPLIERS

DCA REJECTS NETCOLOGNE'S APPEAL FOR THE SECOND TIME

COMMERCIAL AD-BLOCKING SOFTWARE COMPLIES WITH GERMAN COMPETITION LAW

FCO PROHIBITS EXCLUSIVE CONTRACTS BETWEEN CTS EVENTIM AND EVENT ORGANIZERS/ADVANCE BOOKING OFFICES

FCO ISSUES PRELIMINARY ASSESSMENT OF ITS FACEBOOK PROCEEDINGS

FCO CONDUCTS INVESTIGATION REGARDING THE RESTRICTION OF ATHLETE SPONSORSHIP THROUGH THE APPLICATION OF BY-LAW 3 TO RULE 40 OF THE OLYMPIC CHARTER



Vertical Agreements

FCO FINES FURNITURE MANUFACTURERS €4.4 MILLION FOR RESALE PRICE MAINTENANCE

DCA RULES THAT FULL PROHIBITION TO ADVERTISE ON PRICE COMPARISON WEBSITES IS UNLAWFUL

DCA REJECTS APPEAL ON EXCLUSIVE PURCHASE OBLIGATION

FCO "GUIDANCE NOTE" ON VERTICAL PRICE-FIXING IN THE FOOD RETAIL SECTOR

FCO FINES TWO ENTERPRISES FOR VERTICAL PRICE-FIXING IN THE FASHION TRADE SECTOR

FCJ OVERRULES HIGHER REGIONAL COURT OF CELLE IN RESALE PRICE MAINTENANCE CASE



Mergers and Acquisitions

FCO CLEARS ACQUISITION OF BÖRDNER GROUP BY REMONDIS

FCO CLEARS ACQUISITION OF FKP SCORPIO BY CTS EVENTIM

FCO CLEARS ACQUISITION OF TOLINO BY RAKUTEN INC.

LUFTHANSA MAY LEASE AIR BERLIN AIRCRAFT

FCO CLEARS ACQUISITION OF THE ONLINE BROKER ONVISTA BY COMDIRECT BANK

FCO CLEARS EDEKA/BUDNIKOWSKY JOINT PURCHASING COOPERATION

GLASS MICROSPHERE MANUFACTURERS WITHDRAW MERGER NOTIFICATION

FCO CLEARS REACQUISITION OF BRAND NAMES FROM MONDELEZ

FCJ RULES ON THE CONSEQUENCES OF GUN JUMPING UNDER THE 7TH AMENDMENT TO THE GWB

DCA DISMISSES APPEAL AGAINST FCOPROHIBITION DECISION OF EDEKA/KAISER'S TENGELMANN ACQUISITION AND CLOSES ITS PROCEEDINGS CONCERNING POTENTIAL INFRINGEMENTS OF COMPETITION LAW WITHIN THE CONTEXT OF THE MINISTERIAL AUTHORIZATION

FCO PROHIBITS MERGER BETWEEN CTS EVENTIM AND FOUR ARTISTS

FCO CLEARS ACQUISITION OF MAJORITY OF LIMITED PARTNERSHIP INTERESTS AND SOLE CONTROL OF CSALP BY AIRBUS



Policy and Procedure

COLOGNE FISCAL COURT REJECTS TAX DEDUCTIBILITY OF CARTEL FINES

REGIONAL COURT OF MANNHEIM DISMISSES CDC DAMAGES ACTION AGAINST THE GERMAN CEMENT CARTEL

FCO PUBLISHES 2016 ANNUAL SUMMARY REVIEW

DISTRICT COURT OF BONN RULES ON THE SCOPE OF ACCESS TO FILES BY POTENTIAL CARTEL VICTIMS

HIGHER REGIONAL COURT OF THURINGIA APPROVES LUMP SUM CARTEL DAMAGES CLAUSE AND APPLIES BROAD INTERPRETATION OF STATUTE OF LIMITATION GOVERNING CARTEL DAMAGES CLAIMS

MONOPOLIES COMMISSION PUBLISHES SPECIAL REPORT ON COMPETITION IN HEALTH INSURANCE MARKETS

FCO RELEASES INTERIM REPORT ON DAIRY PLANTS' SUPPLY CONDITIONS TOWARDS MILK PRODUCERS

LEGISLATIVE PROPOSAL FOR NATIONAL REGISTER OF CONVICTED UNDERTAKINGS

FCO PUBLISHES GUIDANCE ON REMEDIES IN MERGER CONTROL DCA REJECTS BOOKING.COM'S SECOND APPLICATION FOR INTERIM RELIEF

FCO CONCLUDES SECTOR INQUIRY INTO THE SUB-METERING MARKET AND RAISES COMPETITIVE CONCERNS

GERMAN LEGISLATOR APPROVES NINTH AMENDMENT TO THE GWB

DCA APPROVES TENDER MODEL WITH "NO SINGLE BUYER" RULE FOR MEDIA RIGHTS TO BUNDESLIGA MATCHES

FCO PUBLISHES ANNUAL REPORT 2016 AND ACTIVITY REPORT 2015/2016

REGIONAL COURT OF DORTMUND RULES ON TEMPORAL APPLICATION OF THE 2005 RULES ON THE SUSPENSION OF THE LIMITATION PERIOD BY THE INITIATION OF CARTEL PROCEEDINGS

FCO TERMINATES INVESTIGATION INTO ATM WITHDRAWAL FEES

FCO CONCLUDES SECTOR INQUIRY INTO CEMENT AND READY-MIX CONCRETE SECTOR

GUIDELINES ON THE ADMINISTRATIVE PROCEEDING GOVERNING MINISTERIAL AUTHORIZATIONS



CHAPTER V GREECE

Horizontal Agreements

THE HCC ISSUES ITS FIRST DECISION UNDER THE SETTLEMEN PROCEDURE, SANCTIONING A PRICE-FIXING ARRANGEMENT IN THE HIGH-QUALITY COSMETICS MARKET

THE HCC FINES DISTRIBUTORS OF EXPENSIVE, HIGH-QUALITY COSMETICS FOR COLLUDING TO SET MAXIMUM DISCOUNTS GRANTED TO RETAIL SHOPS DURING THE SALES PERIODS



Vertical Agreements

THE HCC IMPOSES HEAVY FINES ON THE GREEK COLGATE-PALMOLIVE COMPANIES AND THEIR U.S.-BASED PARENT COMPANY FOR RESTRICTING CUSTOMERS FROM SELLING PRODUCTS FROM PARALLEL IMPORTS



Mergers and Acquisitions

THE HCC CLEARED IN PHASE IIPROCEEDINGS THE ACQUISITION OF A SUPERMARKET CHAIN ON THE VERGE OF BANKRUPTCY FOLLOWING COMMITMENTS UNDERTAKEN BY THE ACQUIRING PARTY

THE HCC CLEARED IN PHASE I PROCEEDINGS A CONGLOMERATE MERGER BETWEEN A SNACKS PRODUCER AND A COLD MEAT PRODUCER



CHAPTER VI ITALY

Horizontal Agreements

THE COUNCIL OF STATE FULLY UPHOLDS THE DECISIONS OF THE TARLAZIO ANNULLING THE FINES IMPOSED ON GENERALI AND UNIPOLSAI FOR ALLEGED CONCERTED PRACTICES IN THE INSURANCE SECTOR

THE ICA FINES THE MAJOR ITALIAN CEMENT COMPANIES AND THEIR TRADE ASSOCIATION AITEC FOR AN ARTICLE 101 TFEU VIOLATION

THE ICA FINES THE ACCOUNTING "BIG FOUR" FOR BID RIGGING IN A TENDER FOR THE PROVISION OF TECHNICAL ASSISTANCE TO THE PUBLIC ADMINISTRATION IN THE MANAGEMENT OF EUSTRUCTURAL FUNDS



Fining Policy

THE COUNCIL OF STATE CLARIFIES THE PRINCIPLES FOR SETTING ANTITRUST FINES IN BID RIGGING CASES

THE COUNCIL OF STATE CLARIFIES HOW THE ICA FINING GUIDELINES APPLY TO SINGLE-PRODUCT COMPANIES, CONFIRMING A TAR LAZIO JUDGMENT UPHOLDING AN ICA DECISION AGAINST TWO CARTELS IN THE CONCRETE SECTOR IN THE FRIULI-VENEZIA GIULIA REGION



Abuse

THE ICA REFRAINS FROM CONTESTING NONCOMPLIANCE WITH A PREVIOUS INFRINGEMENT DECISION BY TELECOM ITALIA

THE COURT OF APPEAL OF MILAN SHEDS LIGHT ON THE ISSUE OF PROOF OF CAUSAL LINK AND DAMAGE IN FOLLOW-ON ACTIONS IN ABUSE OF DOMINANCE CASES

THE TAR LAZIO CONFIRMS THAT THE LAWFUL EXERCISE OF CONTRACTUAL RIGHTS MAY CONSTITUTE AN ABUSE OF DOMINANCE

THE COUNCIL OF STATE ENDORSES THE ICA'S CHOICE TO PURSUE A COMPLAINT WITH A RECOMMENDATION, NOT A DECISION

THE TAR LAZIO UPHOLDS THE ICA'S DECISION TO FINE ASPEN FOR CHARGING EXCESSIVE PRICES FOR ONCOLOGICAL DRUGS

THE TAR LAZIO REDUCES THE ICA'S FINE ON E.S.TR.A. FOR ABUSE OF DOMINANCE IN THE GAS DISTRIBUTION SECTOR

THE ICA FINES VODAFONE ITALIA AND TELECOM ITALIA FOR MARGIN SQUEEZE IN THE UPSTREAM MARKET FOR WHOLESALE SMS TERMINATION SERVICES, WITH EFFECTS IN THE DOWNSTREAM MARKET FOR RETAIL SMS BULK SERVICES



Policy and Procedure

THE TAR SALERNO FINDS THAT ANTITRUST PENALTIES FOR ANTICOMPETITIVE AGREEMENTS DO NOT ENTAIL THE AUTOMATIC EXCLUSION OF THE INFRINGING COMPANY FROM A PUBLIC PROCUREMENT PROCEDURE

THE COURT OF ROME RULES IN FAVOR OF PFIZER IN THE FRAMEWORK OF A FOLLOW-ON ACTION BASED ON THE XALATAN CASE, SHEDDING LIGHT ON ANTITRUST PRIVATE ENFORCEMENT ISSUES FOLLOWING THE IMPLEMENTATION OF THE EU ANTITRUST DAMAGES DIRECTIVE



CHAPTER VII THE NETHERLANDS

Horizontal Agreements

ROTTERDAM DISTRICT COURT CONFIRMS PRIVATE EQUITY COMPANY'S PARENTAL LIABILITY IN FLOUR CARTEL CASE

ROTTERDAM DISTRICT COURT CONFIRMS ACM DECISION IN PREFABRICATED CONCRETE GARAGES CASE

GELDERLAND DISTRICT COURT AWARDS DAMAGES TO ELECTRICITY GRID OPERATOR TENNET

ACM FINES IMPORTERS OF FORKLIFT TRUCK BATTERIES FOR PRICE-FIXING

CBB ANNULS ACM FINES IN FORECLOSURE AUCTIONS CASE

CBB CONFIRMS THAT COVER PRICING IS A BY-OBJECT RESTRICTION, BUT FURTHER LOWERS FINE IN CONSTRUCTION CARTEL



Abuse

ACM IMPOSES HIGHEST-EVER ABUSE OF DOMINANCE FINE ON DUTCH RAILWAY OPERATOR



Vertical Agreements

CBL'S MINIMUM STANDARDS FOR PREVENTING THE SALE OF ALCOHOL AND TOBACCO TO UNDERAGE CUSTOMERS DO NOT CONSTITUTE A RESTRICTION BY OBJECT



Policy and Procedure

CURAÇAO COMPETITION ACT ENTERED INTO FORCE ON SEPTEMBER 1, 2017

THE HAGUE DISTRICT COURT DETERMINES THAT THE ACM MAY COPY DATA FROM MOBILE PHONES DURING DAWN RAIDS



CHAPTER VIII SPAIN

Horizontal Agreements

THE CNMC FINED THE ACB FOR IMPOSING DISCRIMINATORY, UNJUSTIFIED, AND DISPROPORTIONATE CONDITIONS ON NEWCOMER CLUBS PROMOTED TO THE FIRST-TIER BASKETBALL LEAGUE

THE SPANISH HIGH COURT CLARIFIED THE RULE GOVERNING THE CNMC'S ABILITY TO FINE INDIVIDUALS

THE SPANISH SUPREME COURT CLARIFIED THE RULES GOVERNING COMPETITION LAW INFRINGEMENTS CARRIED OUT WITHIN A JOINT VENTURE

SPANISH HIGH COURT ANNULS CNMC DECISION AND €15 MILLION FINE IMPOSED ON WASTE MANAGEMENT COMPANY VALORIZA (GROUP SACYR) AND OTHERS FOR NOT PROVIDING AN ADEQUATE MARKET DEFINITION AND NOT HAVING DEMONSTRATED THE EXISTENCE OF A SINGLE AND CONTINUOUS INFRINGEMENT



Abuse

THE CNMC FINED NOKIA FOR MARGIN SQUEEZE

THE CNMC AGREED WITH THE COMMITMENTS PROPOSED BY IMS HEALTH

THE SPANISH HIGH COURT OVERTURNED A CNMC €120 MILLION FINE IMPOSED ON TELEFÓNICA, VODAFONE, AND ORANGE FOR ABUSE IN THE WHOLESALE TELEPHONE SHORT MESSAGING MARKETS



Vertical Agreements

THE SPANISH HIGH COURT ANNULLED A €25.78 MILLION FINE IMPOSED ON TELEFÓNICA FOR INCLUDING PERMANENCE CLAUSES IN CONTRACTS WITH SMES

THE SPANISH SUPREME COURT AND THE CNMC RULE ON ASPECTS OF THE CNMC'S POWERS OF INVESTIGATION

SPANISH SUPREME COURT CONFIRMS PREVALENCE OF ANTITRUST RULE OVER BROADCASTING REGULATIONS IN COMMERCIAL DISPUTE



Mergers and Acquisitions

THE CNMC UNCONDITIONALLY APPROVES THE ACQUISITION OF JOINT CONTROL OF MYTAXI AND HAILO BY DAIMLER AND HAILO



Policy and Procedure

THE CNMC DISMANTLED NINE CARTELS AND IMPOSED €227MILLION IN FINES DURING 2016

THE SPANISH CONSTITUTIONAL COURT DECLARES KEY PROVISIONS OF LAW 20/2013 ON THE GUARANTEE OF MARKET UNITY TO BE UNCONSTITUTIONAL



CHAPTER IX SWEDEN

Horizontal Agreements

THE PATENT AND MARKET COURT OF APPEAL DISMISSES SCA APPEAL



Abuse

THE PATENT AND MARKET COURT UPHOLDS SCA CLAIM AGAINST SNUS PRODUCER

SWEDISH COURT OF APPEAL OVERTURNS STOCKHOLM DISTRICT COURT PRIVATE DAMAGES AWARD



Mergers and Acquisitions

THE SCA RECEIVES NEW DECISION-MAKING POWERS



CHAPTER X SWITZERLAND

Horizontal Agreements

FCC LAUNCHES INVESTIGATION INTO TRACTOR SPARE PARTS SECTOR

FCC FINES HCI SOLUTIONS FOR ABUSE OF DOMINANCE IN ELECTRONIC MEDICAL INFORMATION MARKET

FCC FINES HUSQVARNA FOR ILLEGAL PRICE-FIXING AGREEMENTS IN THE LAWNMOWER MARKET

SWISS SUPREME COURT REVERSES FEDERAL ADMINISTRATIVE COURT JUDGMENTS ON PRICE-FIXING

FCC REACHES SETTLEMENT AGREEMENT IN SHEET METAL INDUSTRY

FEDERAL ADMINISTRATIVE COURT ANNULS FCC DECISION AGAINST DOOR FITTINGS DISTRIBUTOR

THE FCC CONCLUDES THAT BUILDING AND ENGINEERING COMPANIES HAD COLLUDED ON TENDERS



Abuse

THE FCC DECIDED NOT TO ISSUE INTERIM MEASURES IN ICE HOCKEY BROADCASTING INVESTIGATION

FCC FINES SWISS POST FOR ABUSE OF DOMINANCE

FCC FINES NAXOO FOR ABUSE OF DOMINANCE



Vertical Agreements

FCC NOTICE REGARDING THE LEGAL TREATMENT OF VERTICAL AGREEMENTS

SWISS SUPREME COURT REJECTS BMW APPEAL

FEDERAL ADMINISTRATIVE COURT FINDS THAT ADHERENCE TO RECOMMENDED RESALE PRICES DOES NOT NECESSARILY CONSTITUTE A CONCERTED VERTICAL PRACTICE



Mergers and Acquisitions

FCC PROHIBITS MERGER IN TICKETING MARKET

THE FCC APPROVES HOSPITAL MERGER



Policy and Procedure

FCC PUBLISHES ANNUAL REPORT



CHAPTER XI UNITED KINGDOM

Horizontal Agreements

CMA FINES MODELLING AGENCIES AND TRADE ASSOCIATION FOR COORDINATING PRICES

CMA FINES GALVANIZED STEEL TANK MANUFACTURERS FOR CARTEL AND INFORMATION EXCHANGE

CMA ACCEPTS BINDING COMMITMENTS OFFERED BY SHOWMAN'S GUILD OF GREAT BRITAIN

CMA FINES LAUNDRY COMPANIES £1.71 M FOR MARKET-SHARING



Vertical Agreements

CAT DECLINES CERTIFICATION OF COLLECTIVE PROCEEDINGS AGAINST MASTERCARD



Intellectual Property and Licensing

UNWIRED PLANET V. HUAWEI: A LANDMARK JUDGMENT ON FRAND LICENSING



Mergers and Acquisitions

GOVERNMENT INTERVENES IN HYTERA/SEPURA MERGER ON NATIONAL SECURITY GROUNDS

CMA CLEARS MERGER BETWEEN JUSTEAT AND HUNGRYHOUSE FOLLOWING PHASE II INVESTIGATION



Market Investigations

CMA LAUNCHES MARKET INVESTIGATION INTO INVESTMENT CONSULTANTS



TABLE OF CASES



TABLE OF AUTHORITIES



INDEX