Competition & Antitrust, Schoenherr Attorneys at Law updates

Bosnia and Herzegovina

Contributed by Schoenherr Attorneys at Law
Competition Council rules against taxi law
  • Bosnia and Herzegovina
  • November 08 2012

The Competition Council has found that some provisions of the draft Law on Transport by Taxi breach the Competition Act. The council held that the provisions limited competition by imposing different conditions on identical transactions, thus putting some taxi drivers in a less favourable position.

Competition Council fines Ministry of Education, Science and Youth
  • Bosnia and Herzegovina
  • May 31 2012

The Competition Council of Bosnia and Herzegovina found that agreements concluded between the Ministry of Education, Science and Youth of the Canton of Sarajevo and the municipalities of Vogosca, Ilijas, Ilidza, Novo Sarajevo, Stari Grad, Novi Grad, Trnovo and Hadzici, relating to subsidised student transport services, were in breach of competition rules. As a result, the council imposed a fine of €13,000 on the ministry.

Competition Authority enacts secondary legislation
  • Bosnia and Herzegovina
  • October 14 2010

The Competition Authority has enacted secondary legislation based on the Competition Law. The Leniency Regulation explains the terms on which a party to a restrictive agreement may obtain a full exemption or reduced fine. The authority has also issued regulations on merger control, although its interpretation of the two merger thresholds - local and worldwide - arguably deviates from the rule set out in the law.


Bulgaria

Contributed by Schoenherr Attorneys at Law
Competition Commission sends statements of objection for abuse of dominant position
  • Bulgaria
  • November 02 2017

The Competition Commission recently sent statements of objection for abuse of dominant position by three electricity distribution and supply companies. According to the commission, allegations were made that the companies had traded information regarding customers switching from the regulated market to the liberal market in order to purposely stall the necessary paperwork.

Competition Commission fines Sofia Commodity Exchange for unfair competition
  • Bulgaria
  • October 26 2017

A recent competition breach by the Sofia Commodity Exchange AD resulted in a 0% fee for purchasers (ie, members of the exchange). The Supreme Administrative Court and the Competition Commission both held that the lack of fees had placed purchasers in a more favourable position, leading to unfair competition which contradicted good-faith practices. In addition to a fine based on the net turnover of sales, the commission ordered the immediate suspension of the exchange's breaching activities.

CPC opinion on draft act for amendment of Administrative Procedure Code
  • Bulgaria
  • August 17 2017

The Commission for the Protection of Competition (CPC) recently adopted an opinion on the draft act for the amendment of the Administrative Procedure Code. The CPC supports the introduction of electronic justice which, in its view, will increase the efficiency of the judiciary system and prevent unnecessary delays. However, it disagrees with the increase in state fees and the proposal that the state fee for cassation is to be defined as a percentage of the imposed penalty.

Remedies imposed on fuel companies following cartel investigations
  • Bulgaria
  • May 25 2017

For the second time in less than five years the Commission for the Protection of Competition has opened investigation proceedings regarding prohibited agreements and concerted practices against the major fuel companies in Bulgaria and closed them without issuing penalties. An investigation was launched and the commission found that the retail price of some petrol companies in Bulgaria does not always follow the wholesale price and producers' prices.

Abuse of stronger bargaining power
  • Bulgaria
  • February 16 2017

The Competition Protection Commission recently fined Kaufland Bulgaria EOOD for abuse of stronger bargaining power regarding its supplier, Keti-94 OOD. This is the second commission decision relating to abuse of bargaining power – a concept introduced into Bulgarian legislation in July 2015. The commission found Kaufland's breach to be severe and imposed a 7% fine generated from Kaufland's turnover on the market for sales of low-priced alcohol.


Czech Republic

Contributed by Schoenherr Attorneys at Law
Competition Authority publishes information paper on dawn raids
  • Czech Republic
  • December 14 2017

The Czech Competition Authority (CCA) recently published an information paper on dawn raids during its annual competition law conference. The paper aims to provide guidance explaining the powers and privileges of CCA officials in the course of a dawn raid and a brief overview of the case law relating to dawn raids, focusing on judicial review of the legality of dawn raids carried out after the European Court of Human Rights' judgment in Delta Pekárny.

New law implementing EU Damages Directive
  • Czech Republic
  • September 14 2017

With the introduction of the Damages Act, the Czech Republic has finally implemented the EU Damages Directive, which establishes common EU rights for cartel victims seeking damages. The Damages Act introduces many novelties into national law, which aim to improve the procedural status of citizens and businesses that claim compensation before the national courts for damages caused by an infringement of EU or national antitrust rules.

Anti-competitive agreements in telecoms sector
  • Czech Republic
  • February 02 2017

The Office for the Protection of Competition recently fined Czech mobile operators Vodafone Czech Republic as and O2 Czech Republic as a total of Kr99 million after it deemed an agreement on an exclusive, direct interconnection between the two operators included in a 2001 interconnection agreement to be anti-competitive. Another case in the telecoms sector which was originally initiated by the office is now under the jurisdiction of the European Commission.

New information letter on amendment to Significant Market Power Act
  • Czech Republic
  • October 20 2016

While the 2016 amendment to the Significant Market Power Act sought to remove and clarify ambiguous provisions within the act and generally provide greater protection to suppliers, several provisions remained vague and were thus open to interpretation. As such, the Office for the Protection of Competition recently issued an information letter to clarify and explain the changes introduced by the amendment.

Future of private competition law enforcement
  • Czech Republic
  • March 03 2016

The Prague Municipal Court recently dismissed the private damages action brought by private railway passenger carrier LEO Express against publicly owned national incumbent Czech Railways due to a lack of evidence. Although the judgment is not publicly available, the available information already raises the question of whether it might shed a negative light on the future of private enforcement of competition law in the Czech Republic.


Hungary

Contributed by Schoenherr Attorneys at Law
HCA uses new investigative tool under merger control regime
  • Hungary
  • November 30 2017

The Hungarian Competition Authority (HCA) was recently given significant new investigative powers under the framework of its merger control duties. Should parties decide not to submit a voluntary filing when meeting the voluntary notification threshold, the HCA can initiate an investigation on its own accord and undertake a fully fledged merger control proceeding. The HCA recently announced that it has commenced its first such ex officio merger control investigation.

Legality of large retail chains' use of rebates remains dubious
  • Hungary
  • August 24 2017

Following a Hungarian Competition Authority (HCA) decision that its rebate system violated the Trade Act, retail chain Spar went all the way to the Supreme Court. All judicial forums upheld the HCA's decision and the illegality of such rebates seemed to be settled. However, the Budapest Metropolitan Court recently overturned another HCA decision, which was somewhat surprising considering that the Supreme Court had already upheld the HCA's decision in the relatively similar Spar.

HCA steps up against bid rigging in public procurement
  • Hungary
  • July 06 2017

Public procurements are often targets for bid rigging and the Hungarian authorities and legislature have made extra efforts to fight this kind of behaviour. While it is not the primary authority for monitoring public procurements, the Hungarian Competition Authority (HCA) is one authority fighting anti-competitive behaviour in public procurement. Besides investigating violations, the HCA is also taking steps towards prevention and raising awareness.

Implementation of EU Antitrust Damages Directive
  • Hungary
  • May 18 2017

An important part of the recent major amendment to the Competition Act was the timely implementation of the EU Antitrust Damages Directive into Hungarian law. While it was already possible to claim damages for a competition law infringement under Hungarian law, the directive's implementation introduced special rules for damages claims arising out of competition law infringement and the enforcement of such claims. It also introduced several solutions which are new to Hungarian law.

Effective ways to approach new merger control regime
  • Hungary
  • March 23 2017

Recent amendments to the Competition Act have significantly revised the merger control threshold system. The turnover thresholds for triggering a filing obligation have been increased. In addition, a voluntary threshold has been introduced, effectively transposing the voluntary notification system into Hungarian competition law for transactions where the mandatory thresholds are not met, but the parties have achieved a combined turnover in Hungary of more than Ft5 billion.


Poland

Contributed by Schoenherr Attorneys at Law
Competition authority adopts new approach to gathering electronic evidence during dawn raids
  • Poland
  • October 12 2017

The Warsaw Court of Competition and Consumer Protection recently delivered a significant judgment regarding the collection of electronic evidence during unannounced inspections conducted by the Office for Competition and Consumer Protection. As a result, documents stored on hard drives and emails of managers and employees must now be reviewed by officials on the inspected company's premises.

Parliament adopts Act on Private Enforcement of Competition Law
  • Poland
  • June 15 2017

Parliament recently adopted the Act on Private Enforcement of Competition Law, which transposes the EU Antitrust Damages Directive into Polish law. The act aims to enhance the enforcement of the payment of compensation by companies that have infringed competition rules. The introduction of legal presumptions shifting the burden of proof onto the infringer and specific rules on the disclosure of evidence are steps in this direction.

OCCP imposes fine for resale price maintenance agreement
  • Poland
  • February 16 2017

The Office for Competition and Consumer Protection (OCCP) recently issued a decision in which it concluded that wholesale supplier Fordex and sports retailer Intersport had entered into an anti-competitive agreement and violated Article 6 of the Competition Act. The OCCP's decision stressed that price agreements (even vertical ones) are serious infringements of competition law to which neither the de minimis rule nor the block exemption regulations can be applied.

Price-fixing agreement facilitated by association of undertakings
  • Poland
  • November 03 2016

The Office for Competition and Consumer Protection recently imposed a fine on the Association of Polish Centres for Infertility Treatment and Reproduction Development for entering into an anti-competitive price-fixing agreement and violating the Competition Act. The penalty reflects the fact that price-fixing agreements are regarded as serious infringements of competition law.

Court of Appeal judgment on first antitrust case regarding joint bidding
  • Poland
  • September 08 2016

Although joint bidding is accepted by the European Union and national regulations, companies must remember that their cooperation may be subject to interest from competition authorities. This is because market players must comply with antitrust regulations when tendering collectively. The Warsaw Court of Appeal recently delivered a judgment in the first Polish antitrust case regarding bidding as a consortium.


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