The October issue of Ashurst's competition law newsletter features a round-up of some key recent developments (with not a single mention of Brexit!).
Contents
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competition newsletter | belgium
Oct 2019 Belgian authority fines pharmacist body for limiting advertising and rebates
On 16 October 2019, the Belgian Competition Authority ("BCA") fined the national Order of Pharmacists 225,000 euros for taking disciplinary measures limiting the ability of pharmacists to advertise and apply rebates to parapharmaceutical products.
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competition newsletter | EU
Oct 2019 Broadcom imposed first Commission interim measures in 18 years
On 16 October 2019, for the first time in 18 years, the European Commission ("Commission") imposed interim measures on Broadcom - a major supplier of integrated circuits for communications devices - in order to prevent "serious and irreparable damage" to competition from occurring in certain markets for systems-on-a-chip for TV set-top boxes and modems.
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competition newsletter | eu
Oct 2019 Canned vegetable cartelists fined
On 27 September 2019, the European Commission ("Commission") fined Coroos and Groupe CECAB €31.65 million for participating in a canned vegetables cartel for over 13 years, with a third participant, Bonduelle, receiving full immunity for blowing the whistle.
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competition newsletter | uk
Oct 2019 CMA fines three construction firms £36 million for cartel conduct
FP McCann Ltd, Stanton Bonna Concrete Ltd ("SBC") and CPM Group Ltd ("CPM") have collectively been fined more than £36 million by the Competition and Markets Authority ("CMA") for participating in an illegal cartel in relation to the supply of concrete drainage products.
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competition newsletter | eu
Oct 2019 ECJ upholds Commission inspections following privilege issue
On 17 October 2019, the Court of Justice of the European Union ("ECJ") dismissed an appeal by ethanol company Alcogroup and its subsidiary Alcodis (collectivey "Alcogroup") against a ruling of the General Court ("GC") which had dismissed the company's request for the suspension of the European Commission's ("Commission") investigation and the annulment of an inspection decision after the inspectors examined documents marked as legally privileged .
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competition newsletter | france
Oct 2019 FCA Stihl sanction for online sales ban confirmed on appeal
The Court of appeal of Paris has confirmed the decision of the French Competition Authority ("FCA") sanctioning Stihl, a manufacturer of mechanical garden equipment, for prohibiting, between 2006 and 2017, the sale of certain dangerous products on its distributors' websites. The Court of appeal, however, reduced the fine by €1 million to €6 million.
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competition newsletter | australia
Oct 2019 K-Line receives $34.5 million fine for criminal cartel conduct
On 2 August 2019, Kawasaki Kisen Kaisha Ltd ("K-Line") was ordered by the Federal Court of Australia to pay a AUD34.5 million fine for criminal cartel conduct occurring between July 2009 and September 2012. K-Line's fine is the largest ever criminal penalty to be handed down for contraventions of the Australian Competition and Consumer Act 2010 (Cth).
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competition newsletter | france
Oct 2019 Procter & Gamble, Coty, Chanel and two wholesalers fined for exclusive overseas import agreements
On 8 October 2019, the French Competition Authority ("FCA") sanctioned Procter & Gamble ("P&G"), Coty and Chanel, as well as their wholesalers, €176,000 for having implemented exclusive import agreements in overseas territories.
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competition newsletter | EU
Oct 2019 Protection of whistle-blowers: new EU-wide rules to come into force in 2021
On 7 October 2019, the European Council formally adopted a Directive aimed at improving protection of whistle-blowers in the EU (the "Directive"). The Directive will now be published in the Official Journal of the European Union ("OJEU") and will enter into force 20 days after publication. Member states will then have two years to transpose these rules into their national law.
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competition newsletter | spain
Oct 2019 CNMC fines 19 assembly and maintenance companies for bid-rigging
The Spanish Competition Authority ("CNMC") has fined 19 assembly and maintenance companies operating in the energy and petrochemical sectors €54.2 million, and fined 8 directors €0.28 million, for big-rigging practices following a leniency application submitted by one of the companies.
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