The October 2021 issue of Ashurst's competition law newsletter features some of the key competition law developments over the last month, including: the first collective proceedings order granted by the Competition Appeal Tribunal in the UK; briefings from the European Commission and the Competition and Markets Authority on environmental and sustainability policies; recent competition and consumer law rulings by the Australian and German courts; and key decisions by the Indonesian and Spanish competition authorities, as well as other news.
Contents
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Competition law newsletter | eu
Oct 2021 ECJ rules that Belgian excess profit rulings qualify as a scheme
The ECJ overruled the General Court and concluded that the Belgian excess profit rulings qualify as an aid scheme.
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competition law newsletter |eu
Oct 2021 EU General Court upholds "double punishment" for gun-jumping (Altice)
On 22 September 2021, the EU General Court upheld the European Commission's decision to impose two separate fines for breaching gun-jumping rules contrary to the EU Merger Regulation.
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competition law newsletter | eu
Oct 2021 Sustainability agreements and competition rules: will EU and national guidance converge?
The Commission's Policy Brief recognised that guidance is needed on applying competition law to sustainability initiatives. Upcoming national and EU guidance may diverge.
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competition law newsletter | eu
Oct 2021 Commitments accepted in long-running Greek Lignite abuse case
European Commission accepts commitments from Greece in relation to electricity wholesale market abuse of dominance case AT.38700 Greek lignite and PPC.
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competition law newsletter | australia
Oct 2021 Funeral industry remains in the ACCC spotlight: Alex Gow Funerals pays infringement notice for misleading price representations
Funeral services provider Alex Gow Proprietary Limited (Alex Gow Funerals) has paid a penalty of AUD $13,320 after the ACCC issued it with an infringement notice for allegedly making a false and misleading representation.
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competition law newsletter | australia
Oct 2021 ACCC accepts court enforceable undertaking after supplier admits to likely resale price maintenance
Nero admits it likely engaged in resale price maintenance conduct. ACCC accepted a court enforceable undertaking from Nero.
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competition law newsletter | australia
Oct 2021 ACCC authorises amalgamation of payment service providers BPAY, eftpos and NPPA
In September 2021, the ACCC authorised the amalgamation of payment service providers BPAY, eftpos and NPPA under a new entity, AP.
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competition law newsletter | germany
Oct 2021 Porsche-Tuning II: Top German court rules car manufacturer cannot restrict sales of Porsche cars and spare parts to car tuners
Porsche-Tuning II: German Federal Court of Justice rules car manufacturer cannot restrict sales by authorised distributors of cars and spare parts to car tuners.
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competition law newsleter | indonesia
Oct 2021 Indonesian Competition Authority imposes fines for bid rigging conduct in three cases and wins on appeal in a fourth case
Indonesia Competition Commission imposes penalties for collusive bid rigging conduct in government tenders.
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competition law newsletter | indonesia
Oct 2021 ICC fines Garuda Airlines IDR 1 billion for discriminatory conduct
The Indonesia Competition Commission imposed a penalty of IDR 1 billion on Garuda Indonesia Airlines for discriminatory conduct.
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competition law newsletter | italy
Oct 2021 Italian court annuls Vodafone Italia margin squeeze fine
The TAR Lazio has annulled the ICA's decision against Vodafone for a margin squeeze conduct in the bulk SMS market in Italy.
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competition law newsletter | spain
Oct 2021 The CNMC clears Santa Lucía / Funespaña merger with commitments and conditions
On 7 September 2021, the CNMC cleared Santa Lucía's acquisition of almost all the funerary assets of Funespaña subject to conditions and commitments.
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competition law newsletter | uk
Oct 2021 "Green Claims Code" - CMA warns businesses that environmental claims must comply with consumer law
This article discusses the Green Claims Code published by the CMA to help businesses comply with their environmental claims.
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competition law newsletter | uk
Oct 2021 Competition Appeal Tribunal certifies first UK competition class action in Merricks
This article discusses the Competition Appeal Tribunal's first ever certification of a collective proceedings order in the UK.
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competition law newsletter | UK
Oct 2021 CMA proposes changes to guidance on settlements in antitrust investigations
CMA consults on amendments to settlement guidance according to which settling parties must confirm they will not challenge the CMA's decision as a condition of settlement.
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