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Competition & Antitrust

19 December 2019
Galina Petkova CEZ Bulgaria not for sale

Bulgaria - Advokatsko Druzhestvo Andreev Stoyanov & Tsekova in cooperation with Schönherr

CEZ Bulgaria is not for sale. This seems to be the (implicit) conclusion of the Commission on the Protection of Competition's (CPC's) decision prohibiting Eurohold Bulgaria AD's acquisition of all of CEZ Group's Bulgarian assets. The CPC's decision came after a fast-track and in-depth proceeding (Phase II), which ended only 14 days after it was formally opened.

Authors: Galina Petkova, Rosen Manchev
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Claudia Bock Competition authority under scrutiny for alleged fishing expedition

Czech Republic - Schoenherr

The legality of on-site inspections (also known as dawn raids) carried out by the Office for the Protection of Competition at the premises of betting companies in early 2019 is currently under judicial review. For its part, the office maintains that dawn raids are an efficient tool for investigating possible competition law infringements. Moreover, it recently published an information letter on dawn raids and intervention actions on its website.

Author: Claudia Bock
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Pia Meetz Steel manufacturers fined record €646 million for agreeing surcharges and exchanging information

Germany - Fieldfisher (Germany) LLP

The Federal Cartel Office has fined three companies and three persons a total of approximately €646 million. The companies agreed and exchanged certain supplements and surcharges for so-called 'quarto plates' in Germany for approximately 14 years. Companies and associations should review their practices with regard to price components (particularly surcharges) as this is not the first decision on this matter.

Author: Pia Meetz
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Anna Turi Rising focus on HCA settlement proceedings – case law round-up

Hungary - Schoenherr

Since 1 July 2014, companies have been able to initiate settlement proceedings with the Hungarian Competition Authority (HCA). Recent case law suggests that the HCA has aimed to foster cooperation between itself and market participants and is striving for cooperation even when market participants allegedly commit grave infringements of competition rule commitments.

Authors: Anna Turi, Márk Kovács
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Ayal HaCohen ICA updates methodology for determining monetary penalties

Israel - Tadmor Levy & Co

In February 2019 the Israel Competition Authority (ICA) published for public consultation a draft amendment to Public Statement 1/16: Considerations of the Competition Commissioner in Determining the Amount of a Monetary Penalty. Following public comments on the draft amendment, the ICA has now published a final amended statement. As such, the ICA's new methodology for imposing monetary penalties has taken full effect.

Authors: Ayal HaCohen, Roi Krause
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Eva Škufca CPA imposes record fine for failure to notify concentration

Slovenia - Schoenherr

In early 2019 the Competition Protection Agency (CPA) imposed a record fine of almost €54 million for a failure to notify a concentration (so-called 'gun jumping'). This is by far the highest fine imposed by the CPA for gun jumping (and in general). As precedent concerning the CPA's practice on gun jumping is scarce, this decision provides important insight into circumstances and criteria that the CPA considers when determining fines in this regard.

Authors: Eva Škufca, Urša Picelj
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Recent updates

Martin André Dittmer CAT upholds decision on outdoor media owners' discount rates

Denmark - Gorrissen Federspiel

Authors: Martin André Dittmer, Thomas Skou
Lucía Ojeda Cárdenas Institutional cooperation to address competition challenges of digital economy

Mexico - SAI Law & Economics

Authors: Lucía Ojeda Cárdenas, Alejandra Magaña Cruz
Srdjana Petronijević Competition authority imposes landmark fine under leniency programme

Serbia - Moravčević Vojnović and Partners in cooperation with Schoenherr

Authors: Srdjana Petronijević, Zoran Šoljaga
Hao Zhan Supreme Court decision on non-arbitrability of antitrust civil disputes

China - AnJie Law Firm

Authors: Hao Zhan, Ying Song
Man Mohan Sharma CCI fines JDMDA for imposing PIS charges on pharma companies

India - Vaish Associates Advocates

Author: Man Mohan Sharma
Gönenç Gürkaynak Competition Board appoints new members: quorum established

Turkey - ELIG Gurkaynak Attorneys-at-Law

Author: Gönenç Gürkaynak
Marcel Meinhardt Low fine for vertical price fixing against Swiss ski manufacturer after leniency application

Switzerland - Lenz & Staehelin

Authors: Marcel Meinhardt, Damian Joho
Amanda Wait Hart-Scott-Rodino annual report confirms likelihood of challenge for transactions subject to second requests

USA - Norton Rose Fulbright US LLP

Authors: Amanda Wait, Andrew Eklund, Gerald A Stein

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