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Vaish Associates Advocates | India | 31 Jan 2019

CCI issues fourth order under leniency provisions

The Competition Commission of India (CCI) has imposed a penalty of Rs223.6 million on Essel Shyam Communication Limited (ESCL) for bid rigging in tenders floated by sports broadcasters, including those for the 2012 Indian Premier League. The CCI ultimately reduced the fine imposed on ESCL and its officials under the leniency provisions contained in the Competition Act. This is the fourth......
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Vaish Associates Advocates | India | 20 Dec 2018

NCLAT upholds highest ever penalty imposed by CCI in cartel case

The National Company Law Appellate Tribunal (NCLAT) recently upheld the Competition Commission of India's decision to impose a Rs63 billion penalty on 11 cement companies for cartelisation. The NCLAT observed that the companies had used their trade association to discuss pricing and sensitive information relating to production, capacity and dispatch. Further, there had been a simultaneous......
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Allen & Overy LLP | Global, Slovakia | 13 Dec 2018

Falling at the final hurdle: review of arbitral awards in enforcement proceedings

One of the main reasons for choosing arbitration as a method of dispute resolution has always been the finality of arbitral awards. However, in Slovakia, the finality of arbitral awards has often been called into question – even the Constitutional Court has assumed jurisdiction to review arbitral awards. While the country has come a long way in bringing the review of arbitral awards into line......
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Vaish Associates Advocates | India | 22 Nov 2018

CCI penalises Geep Industries for its part in bilateral ancillary cartel

The Competition Commission of India has imposed a penalty of Rs96.4 million on Geep Industries (India) Private Limited, holding that although the company was merely a recipient of information on pricing within a larger, primary cartel, it could not escape liability for anti-competitive behaviour. This is the first case in which a party which was not part of an original primary cartel has been......
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Gorrissen Federspiel | Denmark | 13 Sep 2018

Maritime and Commercial High Court judgment on legality of consortium agreement

The legality of consortium agreements under competition law has been widely debated in recent years. The Maritime and Commercial High Court recently rendered a much-anticipated judgment on this subject and repealed the competition authorities' 2015 and 2016 decisions in a case concerning a consortium agreement between two companies regarding their joint bid on a public tender for road marking......
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AnJie Law Firm | China | 30 Aug 2018

SAMR adopts stricter view on identification of competitors in monopoly agreement case

The State Administration for Market Regulation recently fined two Shenzhen tally companies a total of Rmb3,163,108 for entering into a horizontal monopoly agreement. This is one of the first cases to be announced by the newly established antitrust law enforcement agency and may therefore indicate its attitude towards certain industries and behaviours. In particular, the way in which the......
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Preslmayr Attorneys at Law | Austria | 30 Aug 2018

David versus Goliath: FCA submits draft guidelines on good conduct of entrepreneurs

The Federal Cartel Authority (FCA) recently published for consultation draft guidelines on the good conduct of entrepreneurs. Generally, neither the practices nor the laws as described by the FCA are new. The major issue is fear: smaller and less aggressive enterprises are afraid to lose business if they stand up to their dominant contractual partners in cases where the loss of a contract......
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Russell McVeagh | New Zealand | 19 Jul 2018

NZCC releases updated cartel leniency policy guidelines

The New Zealand Commerce Commission (NZCC) recently published amended cartel leniency policy guidelines, updating its previous guidelines from 2011. While the changes are mostly cosmetic, the updated guidelines indicate a potential change in the NZCC's approach towards penalty discounts for second-in applicants that seek to fall within its cooperation regime.
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Gorrissen Federspiel | Denmark | 17 May 2018

First Danish cartel case with risk of imprisonment

The Danish Competition and Consumer Authority recently reported a case of bid rigging in the demolition industry to the State Prosecutor for Serious Economic and International Crime. Six companies and a number of executives from each company have now been charged. This is the first case in Denmark in which the defendants risk imprisonment due to the infringement of competition law. Prison......
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SAI Law & Economics | Mexico | 10 May 2018

Legal privilege stands: FECC must guarantee its applicability

After two years of litigation, the First Collegiate Tribunal on Administrative Matters Specialised in Economic Competition, Broadcasting and Telecommunications has finally issued a final ruling acknowledging that the Federal Economic Competition Commission breached the attorney-client privilege principle during a dawn raid. The tribunal's ruling is relevant, as it demonstrates the possible......
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