Competition News

May 2019

The complaint submitted by ArcelorMittal Galati SA against Deltanav SA was rejected by the Romanian competition authority. The decision is interesting both for providing one of the narrowest definitions of the geographic market (Mahmudia Port) as well as for the monopsony and buyer power versus monopoly on the same relevant market.

April 2019

The European Commission has published a Notice  on the main implications for the application of EU competition law after UK’s withdrawal from the EU.

April 2019

The Romanian Competition Council has launched an investigation for bid rigging in the mining sector. Seven companies are suspected of collusive behavior by submitting a common bid with the aim to eliminate the price competition. 

Since bid rigging is one of the most widely prosecuted forms of collusion, to avoid such a risk when submitting common bids in public procurement procedures in Romania, you should also have a look on the following guidelines:

http://www.consiliulconcurentei.ro/uploads/docs/items/id12037/ghid_consortii_final.pdf, and

http://www.consiliulconcurentei.ro/uploads/docs/items/bucket11/id11013/ghid_practici_anticoncurentiale_licitatii.pdf

March 2019

On 24 May 2019, Catalin S. Rusu, Associate Professor of European Law at Radboud University Nijmegen, together with his colleagues, will be organizing in Nijmegen the 4th edition of Radboud Economic Law International Symposium. This event will be focused on “New Directions in Competition Law Enforcement”. Should you wish to attend this event, you may find additional details here https://www.linkedin.com/pulse/4th-radboud-economic-law-symposium-new-directions-competition-rusu/

March 2019

Commission fines Nike €12.5 million for banning traders from selling licensed merchandise to other countries within the EEA. This restriction concerned merchandising products (e.g. mugs, bags, bedsheets, stationery, toys) of some of Europe’s best-known football clubs and federations, for which Nike held the licence.

March 2019

The European Commission has fined Google €1.49 billion for illegal misuse of its dominant position in the market for the brokering of online search adverts. Google imposed a number of restrictive clauses in contracts with third-party websites which prevented Google’s competitors from placing their search adverts on these websites.

February 2019

Despite the exceptional political pressure, the European Commission remains  independent and takes the 29th blocking decision (since 1990 to date) under Article 8 (3) of the EU Merger Regulation in the Siemen’s proposed acquisition of Alstom.  

January 2019

In 2015, Metro, Real, Selgros and Mega Image were sanctioned for a similar infringement of the competition law. 

January 2019

The investigation on the market for the provision of tourism products launched by the Romanian Competition Council in 2016 was finalized at the beginning of this year. The conclusion is that 13 travel agencies  coordinated their commercial policies, including through the exchange of sensitive information, in order to avoid the decrease of the tourism products’ prices.
 
This case reminds us of the European Court of Justice’s decision issued in Eturas Case exactly 3 years ago (January 2016). In this case, 30 travel agencies together with Eturas (all of them being competitors) were fined because they tacitly engaged in a concerted practice for applying a common cap on discounts applicable to services provided through Eturas online booking platform.

January 2019

The European Commission has found that Romania needs to recover around €335 million incompatible aid from Oltchim, since the company’s failed privatisation in September 2012.