Antitrust Enforcement Action October 2023

INDIA🇮🇳

1. CCI invites written comments on the Draft CCI (Lesser Penalty) Regulations 2023.

The Competition (Amendment) Act, 2023 (Amendment Act) introduced ‘lesser penalty plus’ and withdrawal of ‘lesser penalty’/‘lesser penalty plus’ applications in the existing framework of Section 46 of the Act.

The ‘lesser penalty plus’ mechanism is introduced to incentivize an existing LP applicant in respect of the first cartel to give full, true and vital disclosures about a second cartel unknown to the CCI. The benefit for the applicant is that it will be eligible to receive additional reduction in penalty for the first cartel besides reduction in penalty as per priority status in respect of first cartel, subject to fulfillment of prescribed terms and conditions. This is in addition to a reduction in penalty given in respect of the second cartel in the manner specified in the regulations.

The CCI invites stakeholders to submit written comments on the Draft CCI (Lesser Penalty) Regulations 2023 within 21 (twenty-one) days from 16.10.2023 to 06.11.2023. Click here for Draft Lesser Penalty Regulations.

2. Power of Commission to issue guidelines comes into force.

The Ministry of Corporate Affairs by way of a notification has dated 26.10.2023 has enforced Section 64B of the amended Competition Act which empowers Competition Commission of India to publish guidelines on the provisions of this Act or the rules and regulations. Click here for the notification.

3. CCI directs investigation on the basis of a court order, High Court of Madras upholds the investigation.

The Coimbatore Corporation Contractors Welfare Association ('Association') filed a complaint on 06.03.2021 with the Central Bureau of Investigation, New Delhi, alleging that the nine companies which are into the business of sale of steel products dishonestly formed a cartel among themselves to obtain wrongful gain and all of them though own iron ore mines, have hiked the price from Rs.2,500/- to Rs.2,700/- a tonne for flat and long products and with the hike hot rolled coil price Ex-Mumbai hit a record high of Rs. 47,000/- a tonne.

The CBI forwarded the complaint to the Director General (Investigation), Competition Commission of India (Commission) for taking necessary actions.

Meanwhile, the Association filed Criminal Original Petition No. 6153 of 2021 under Section 482 of the Code of Criminal Procedure, 1973 before Hon'ble Madras High Court. On 29.07.2021, the Court directed the Commission to take necessary and appropriate action on the complaint dated 06.03.2021 filed by the Association in accordance with law.

Subsequently, the Commission conducted an urgent special meeting on 17.08.2021 and directed the Secretary to complaint dated 06.03.2021 as Suo Moto. The Director General was directed to investigate the matter in terms of the directions contained in the Order dated 29.07.2021 passed by the Hon’ble High Court of Judicature at Madras.

The Director General commenced investigation and on 29.11.2022, an application for search and seizure was moved before the learned Chief Metropolitan Magistrate, New Delhi, which was allowed. Pursuant to the warrant, search was conducted in the premises Agni Steels Private Limited.

Agni Steels Private Limited (Agni Steels) filed application for inspection of records and found out that no prima facie order under section 26(1) of the Competition Act was passed by the Commission.

The Agni Steels filed a Writ Petition before hon'ble Madras High Court on the ground that there is no order demonstrating formation of prima facie opinion as per Section 26(1) of the Act, which is not only mandatory, but forms the basis of the commencement of investigation. As per Agni Steels formation of a prima facie opinion by the Commission is mandatory and sine qua non for any investigation under the Act.

Dismissing the writ petition, the Madras High Court observed that on the basis of the order of the Court, the Commission decided to register a ‘suo moto’ case and not on the complaint received from the Association. The course adopted by the Commission to have the said complaint received from the Association in the back drop and to register a 'Suo Moto' case could not be termed as illegal.

The court opined that when the Commission in its meeting deliberated and decided to register a ‘suo moto’ case, the formation of the opinion as to prima facie case is very much pregnant in the said decision. As a matter of fact, a perusal of Section 26(2) of the Act would make this clear that only in case of receipt of information from the Central Government or State Government or Statutory Authority or any person , the Commission can close the case and the very act of initiating a suo moto case and closing it on the ground of no prima facie case cannot go together. Click here for the order.

EUROPEAN UNION🇪🇺

4. Commission fines pharma companies €134 million in antitrust cartel settlement.

The European Commission has fined Alkaloids of Australia, Alkaloids Corporation, Boehringer, Linnea and Transo-Pharm a total of €13,4 million for participating in a cartel concerning an important pharmaceutical ingredient. C2 PHARMA was not fined as it revealed the cartel to the Commission under the leniency programme.

The product concerned by the cartel is N-Butylbromide Scopolamine/ Hyoscine (‘SNBB'). SNBB is an important input material to produce the abdominal antispasmodic drug Buscopan and its generic versions.

The Commission's investigation revealed that the six companies coordinated and agreed to fix the minimum sales price of SNBB to customers (i.e., distributors and generic drug manufacturers) and to allocate quotas. In addition, the companies exchanged commercially sensitive information. 

The cartel operated from 1 November 2005 to 17 September 2019.

This is the first time that the Commission sanctions a cartel in the pharmaceutical sector and in relation to an active pharmaceutical ingredient. The Commission cooperated and coordinated certain investigative activities with the Swiss and Australian competition authorities. Click here for the Press Release.

5. Commission carries out unannounced antitrust inspections in the construction chemicals sector.

The European Commission carried out unannounced antitrust inspections at the premises of companies active in the construction chemicals sector in several Member States.

The construction chemicals concerned by the inspection are chemical additives for cement and chemical admixtures for concrete and mortar. These are ingredients that are added to cement, concrete and mortar to modify and improve their properties and provide them with specific qualities.

The Commission officials were accompanied by their counterparts from the relevant national competition authorities of the Member States where the inspections were carried out. The inspections were conducted in coordination with the UK Competition and Markets Authority and the Turkish Competition Authority. The Commission was also in contact with the United States Department of Justice, Antitrust Division. Click here for the Press Release.

6. Commission orders Illumina to unwind its completed acquisition of GRAIL.

The European Commission has adopted restorative measures requiring Illumina to unwind its completed acquisition of GRAIL, following the Commission's decision to prohibit the transaction.

On 6 September 2022, the Commission prohibited the acquisition of GRAIL by Illumina over concerns that the merger would stifle innovation and reduce choice in the emerging market for blood-based early cancer detection tests. Despite prohibition, Illumina and GRAIL unlawfully completed the merger during the Commission's in-depth investigation, in breach of EU merger control rules. In July 2023, the Commission fined both companies for implementing their proposed merger before approval by the Commission.

On 12 October 2022, the Commission has adopted restorative measures requiring Illumina to divest GRAIL and restore the situation prevailing before the completion of the acquisition. Click here for the press release.

7. Commission decides not to extend antitrust block exemption for liner shipping consortia.

The European Commission has decided not to extend the EU legal framework which exempts liner shipping consortia from EU antitrust rules (Consortia Block Exemption Regulation or ‘CBER'). The Commission has concluded that the CBER no longer promotes competition in the shipping sector and therefore it will let it expire on 25 April 2024. Click here for Press Release.

CANADA🇨🇦

8. Teknika HBA Inc. to pay $200,000 in settlement over bid-rigging.

Engineering firm Teknika HBA Inc. (now Les Services EXP Inc.) has been ordered to pay $200,000 for bid-rigging on municipal infrastructure contracts in Québec.

The settlement ends the Competition Bureau’s investigation of the company’s role in a bid-rigging scheme that targeted municipal infrastructure contracts in Québec City and Montréal between 2004 and 2011.

Teknika is the last of the eight firms involved in this bid-rigging scheme to agree to a corporate settlement, however the Bureau’s investigation remains ongoing. Click here for the Press Release.

9. Inter-Cité Construction to pay $150,000 in territory allocation settlement.

Inter-Cité Construction Ltée will pay $150,000 for arranging with a competitor to allocate territories for paving contracts awarded by the ministère des Transports du Québec.

The settlement stems from an investigation by the Competition Bureau into the company’s role in a scheme that targeted public contracts in the Saguenay-Lac-Saint-Jean region between 2008 and 2010.

As part of the settlement, the company has also implemented a corporate compliance program, which is designed to prevent its employees from engaging in other anti-competitive activities. Click here for the Press Release.

10. Two individuals charged with conspiracy to rig bids for public road work.

Criminal charges were laid before the Court of Québec yesterday against Richard Dionne and Richard Labelle, who are accused of conspiring in 2021 to rig bids on public road and culvert work on Highway 50 (since renamed Guy‑Lafleur) in the region of Gatineau in Québec.

Evidence gathered in the course of a Competition Bureau investigation suggests that the individuals conspired to undermine the competitive process by agreeing to rig bids submitted in response to a call for tenders from the ministère des Transports du Québec.

The charges were laid under the bid-rigging provisions of the Competition Act and the conspiracy provisions of the Criminal Code. At the time of the alleged conspiracy, Richard Dionne was General Manager of Sales for Québec and Ontario for the Coco Asphalt division of Coco Paving Inc., and Richard Labelle was the Sales Manager for Québec for Coco Asphalt. Click here for Press Release.

UNITED KINGDOM🇬🇧

11. CMA launches market investigation into cloud services.

Ofcom has referred the public cloud infrastructure services market to the Competition and Markets Authority (CMA) for an independent market investigation to examine the market and consider whether there are competition concerns and, if so, what interventions can improve the supply of these important services for UK customers. 

Ofcom identified a number of features in the supply of cloud services that make it more difficult for customers to switch and use multiple cloud suppliers. The features which Ofcom is most concerned about are:

• Egress fees – charges that cloud customers must pay to move their data out of the cloud

• Discounts – which may incentivise customers to use only one cloud provider

• Technical barriers to switching – which may prevent customers from being able to switch between different clouds or use more than one provider

Cloud Infrastructure market is a £7.5bn market that underpins a whole host of online services – from social media to AI foundation models. Many businesses now completely rely on cloud services, making effective competition in this market essential.

The CMA’s independent inquiry group will now carry out an investigation to determine whether competition in this market is working well and if not, what action should be taken to address any issues it finds. The CMA must generally conclude a market investigation within 18 months from the date that the reference is made. Click here for Press Release.

12. CMA launches Green Agreements Guidance to help businesses co-operate on environmental goals.

The new Green Agreements Guidance, published by the Competition and Markets Authority (CMA) explains how competition law applies to environmental sustainability agreements between firms operating at the same level of the supply chain, to help them act on climate change and environmental sustainability.

'Guidance on the application of the Competition Act 1998 to environmental sustainability agreements’ - sets out the key principles which apply, along with practical examples that businesses can use to inform and shape their own decisions when working with other companies on environmental sustainability initiatives. It explains that the CMA does not expect to take enforcement action against agreements that are in line with the guidance. Click here for the Press Release.

13. CMA launches investigation into the supply of chemicals for use in construction industry.

The CMA has launched an investigation into suspected anti-competitive conduct in relation to the supply of chemicals for use in the construction industry. 

The Competition and Markets Authority (CMA) has reason to suspect anti-competitive behaviour has taken place involving a number of suppliers of these chemicals and some industry bodies. This conduct relates to the supply of chemical admixtures and additives which are an essential input for products like concrete, mortars and cement used in the construction industry.  

The CMA is working closely with the European Commission, which has also launched an investigation into suspected anticompetitive conduct in the sector today. The CMA is also in contact with other authorities, including the United States Department of Justice, Antitrust Division. Click here for the Press Release.

FRANCE🇫🇷

14. French Competition Authority conducts dawn raid in food and non-food sector.

The Investigation Services of the Autorité de la concurrence carried out unannounced raids on 17 October 2022 of companies suspected of having implemented anticompetitive practices in the sectors of production and marketing of food and non-food consumer products. Click here for the Press Release.

GERMANY🇩🇪

15. Bundeskartellamt gives users of Google services better control over their data.

Google has offered commitment to the Bundeskartellamt that relates to processing of user data. Google’s Commitments concern situations where the Google combines personal data from one Google service with personal data from other Google or non-Google sources or cross-use these data in Google services that are provided separately.

In the future Google will have to provide its users with the possibility to give free, specific, informed and unambiguous consent to the processing of their data across services. For this purpose, Google has to offer corresponding choice options for the combination of data. The selection dialogues must be designed so as not to guide users manipulatively towards cross-service data processing (avoiding “dark patterns”). Where data are not actually processed across services and Google’s data processing terms explicitly make this clear, Google will not have to offer choice options.

By cooperating closely, the Bundeskartellamt and the European Commission also intend to give Google the possibility to proceed in a uniform manner. The requirements for sufficient choice to be offered pursuant to Google’s Commitments essentially equal those under the DMA. The Bundeskartellamt also exchanged information with the German data protection authorities. Click here for the Press Release.

GREECE🇬🇷

16. Hellenic Competition Commission fines a toy company for Resale Price Maintenance.

The Hellenic Competition Commission (HCC) accepted the Settlement Proposal offered by GIOCHI PREZIOSI HELLAS SA ('Toy Manufacturer') and imposed a reduced fine of 628,450 euros for engaging in Resale Price Maintenance.

HCC started ex-officio investigation after it conducted dawn raids on the offices of companies operating at all levels (retail-wholesale) of the relevant toy market.

The investigation gathered evidences that revealed the toy manufacturer carried out a single and continuous practice of determining resale prices (RPM) from 28.12.2017 to 8.10.2021.

Fixing resale prices is, by its very nature, a restriction of competition and is considered by its nature to be capable of having an impact on the relevant market, as it softens competition between resellers by eliminating intra-brand competition, while acting as a disincentive to reduce selling prices for the specific products.

From the nature and content of the evidence in the case, it can be concluded that the fixing of resale prices of the products was implemented in practice. Click here for the Press Release.

ITALY🇮🇹

17. Italian Competition Authority investigates a legal monopolist for recycling hazardous waste alleged of abusing dominant position.

The Italian Competition Authority has initiated investigation proceedings against Conou (the National consortium for the management, collection and treatment of waste mineral oils) to ascertain an alleged abuse of dominant position in violation of Article 102 of the TFEU.

In particular, Conou, a legal monopolist of the recycling of hazardous waste and therefore, dominant in the relavant market, may unjustifiably be hindering the operation of two waste oil regeneration plants. Thus, favouring the only two regeneration companies historically active in the Italian market and recognised by the Consortium. 

According to the Authority, Conou allegedly hindered the operation of a regeneration company located in Lombardy by preventing it from having access to the waste oil collected by the consortium companies. In addition, it allegedly failed to recognise the regeneration fee for the activity carried out by this company and allegedly failed to pay the collection fee for the quantities of waste oil processed by its plant.

With regard to another regeneration plant to be built in Piedmont, Conou challenged in court the issuance of the integrated environmental permit by the competent authorities.

On, 10 October 2022, Officials from the Italian Competition Authority carried out inspections on the premises of some of the concerned companies, as well as of other parties deemed to have elements useful to the investigation. Click here for the Press Release.

18. Italian Competition Authority: investigation opened against ACI for alleged abuse of dominant position.

The Italian Competition Authority has initiated investigation proceedings against Automobile Club d’Italia - ACI, ACI Sport S.p.A. and Club ACI Storico to assess an alleged abuse of a dominant position in the market for the organisation of non-competitive automobile events.

The Automobile Club d’Italia is an operator in a dominant position in the organisation of automobile sports events of a competitive nature at national level, thanks to the exclusive powers of regulation and coordination granted by CONI (the Italian National Olympic Committee).

ACI’s strategy allegedly consists of sending complaints to the bodies in charge of controls (Prefectures, Police Headquarters and/or Municipal Authorities) - close to the start of recreational and amateur events - to inform them that these events had allegedly not been submitted for the prior opinion of ACI - not provided for in the reference legislation - and that they would be taking place in non-compliance with the technical and sporting regulations. This unlawful use of its regulatory and coordination powers has allegedly involved numerous amateur motoring events organised in different Italian regions, at least since 2016, thus altering market dynamics.

On 18 October 2023, Authority officials carried out inspections at the offices of Automobile Club d’Italia-ACI, ACI Sport S.p.A. and Club ACI Storico. Click here for the Press Release.

NETHERLANDS🇳🇱

19. ACM launches investigation into illegal arrangements involving IT devices.

The Netherlands Authority for Consumers and Markets (ACM) has launched an investigation into potentially illegal arrangements between an internationally operating manufacturer of IT devices and its distributors.

In addition, ACM investigates whether the manufacturer possibly abuses a dominant position. ACM suspects the manufacturer, together with its distributors, of deciding what retailers are allowed to supply what customers and at what price. There are also suspicions that retailers are restricted in the sale of refurbished devices.

As part of the investigation, ACM has conducted dawn raids at several companies in the Netherlands and Belgium in collaboration with the Belgian competition authority. Click here for the Press Release.

20. ACM launches market study into the functioning of the Dutch savings market.

The Netherlands Authority for Consumers and Markets (ACM) has launched a broad market study into the functioning of the Dutch savings market. Consumers that put money aside benefit from savings account rates that are as high as possible. Sufficient competition between banks will have an upward effect on those rates.

There are indications that Dutch consumers only benefit to a limited extent from the increased interest rates on the European market. ACM sees that there are providers (including international ones) that, at first glance, offer Dutch savers higher rates than the major banks in the Netherlands do.

However, consumers appear to switch to these banks only to a limited extent. That is why ACM has decided to launch a study into the functioning of the Dutch savings market and into the factors behind the fact that consumers rarely switch and that the major banks do not offer higher savings account rates.

ACM expects to publish the results before the summer of 2024. Click here for the Press Release

21. Businesses can collaborate in order to achieve sustainability goals.

ACM does not want competition rules to stand in the way of agreements that contribute towards a more sustainable society. This policy rule is in line with recently revised European rules, and replaces previous draft guidelines of ACM on sustainability agreements between businesses.

The policy rule also explains that ACM will not take enforcement action in two additional situations if all conditions are met. This provides businesses with more opportunities to collaborate. In sum, it regards the following situations:

1. Businesses can agree to comply with a binding national or European sustainability rule that is not (or cannot be) fully implemented or enforced – for example, in the area of waste recycling; and

2. Businesses can agree to efficiently achieve environmental goals, such as reduction of CO2 emissions, if the consumer receives an appreciable and objective part of the benefits.

On the assumption that the conditions are met, businesses do not have to fear a fine in those two situations. Click here for the Press Release.

AUSTRALIA🇦🇺

22. Brilliant Lighting admits to engaging in resale price maintenance.

The ACCC has accepted a court-enforceable undertaking from wholesale lighting and electrical supplier, Brilliant Lighting (Aust) Pty Ltd in which it has admitted that it engaged in resale price maintenance and committed to sending corrective notices to retailers and distributors.

In late September 2022, Brilliant Lighting wrote to 42 retailers and distributors attaching a price list for 116 Brilliant Lighting products. Brilliant Lighting informed them that they should not display headline prices on their websites below certain prices.

It informed retailers and distributors the right to distribute its products was based on adhering to these prices. Click here for the Press Release

UNITED STATES OF AMERICA🇺🇸

23. Justice Department Sues Agri Stats for Operating Extensive Information Exchanges Among Meat Processors.

The Justice Department filed a civil antitrust lawsuit against Agri Stats Inc. today for organizing and managing anticompetitive information exchanges among broiler chicken, pork and turkey processors. The complaint alleges that Agri Stats violated Section 1 of the Sherman Act by collecting, integrating and distributing competitively sensitive information related to price, cost and output among competing meat processor.

The complaint, filed in the District of Minnesota, alleges that Agri Stats has for years produced comprehensive weekly and monthly reports for participating meat processors, which use the data to set prices and output levels.

The complaint further alleges that Agri Stats understood that meat processors have used these reports for anticompetitive purposes and, in some instances, even encouraged meat processors to raise prices and reduce supply. While distributing troves of competitively sensitive information among participating processors, Agri Stats withholds its reports from meat purchasers, workers and American consumers, resulting in an information asymmetry that further exacerbates the competitive harm of Agri Stats’ information exchanges.

This lawsuit marks the latest action by the Antitrust Division to combat unlawful information exchanges. Click here for the Press Release.

BRAZIL🇧🇷

24. CADE publishes cartel-sentencing guidelines.

The Administrative Council for Economic Defense (CADE) released its cartel-sentencing guidelines. The guide aims to establish the criteria on how the Brazilian antitrust authority imposes sanctions for cartel practices.

Amongst imposition of financial penalty, the guidelines also suggest prohibition from participation in government procurements. Click here for the Press Release

25. CADE convicts cartel in the fuel supply market in the state of Paraná.

The Administrative Council for Economic Defense (CADE) convicted two individuals, the company Centro Automotivo Delta (Stang Group), and the head office of Comércio de Combustíveis Toscan for cartel formation in the fuel resale market in the city of Francisco Beltrão, in the state of Paraná.

According to the evidence, the managing partner and an employee of Centro Automotivo Delta were in contact with the representative of Comércio de Combustíveis Toscan to agree on the division between the items provided for in procurement processes for the purchase of fuel, carried out by the local government. The parties involved agreed on which product every company would make the winning bid.

Evidence show that representatives of the Stang group exchanged messages with a representative of the Toscan group via WhatsApp. They agreed that the Toscan group would be awarded the contract for ethanol and S.500 diesel, while the Stang group for petrol, S.10 diesel, and arla.

For cartel formation, the companies and the individuals are to pay fines amounting to BRL 5,873,554.21.

In addition to the fines imposed, the Tribunal also decided that Centro Automotivo Delta and the head office of Comércio de Combustíveis Toscan are prohibited from participating in procurements or contracting with the Federal, State, or Local Governments, the Government of the Federal District, and independent government agencies for a minimum of five years. Click here for the Press Release.

26. CADE convicts LPG cartel in the Brazilian Midwest.

The Administrative Council for Economic Defense (CADE) convicted 26 companies and 16 individuals for a cartel in the distribution and resale market of liquefied petroleum gas (LPG), mostly known as cooking gas.

CADE decided that the involved parties colluded to restrict competition by dividing up the markets and fixing prices. Amongst the anticompetitive conducts, there were restrictions imposed on resellers by distributors and the exchange of competitively sensitive information.

In April 2010, the special task force for combating organised crime (GAECO) and the investigative police of the Federal District (Deco/PCDF) conducted a dawn raid named “Operation Jupiter”.

CADE had access to pieces of evidence of alleged anticompetitive practices after filing a criminal action in the Justice of the Federal District.  The documents included tapped calls and material seized from the offices of the investigated companies.

In the period between "Operation Jupiter" and the launching of the administrative proceeding, some individuals and firms attended voluntarily at CADE to negotiate a cease and desist agreement. By signing the agreement, the signatories admit their participation in the conduct and collaborate with the investigation.

Of the firms found guilty of cartel activity, 25 operated in the LGP resale market and 1 in the distribution market.  Of the 16 convicted individuals, 14 were partners or directors of the firms. Click here for the Press Release.

SOUTH AFRICA🇿🇦

27. Competition Appeal Court confirms a penalty of R3.5 Million against Tsustumani for excessive pricing of face masks to SAPS.

The Competition Commission (Commission) welcomes the decision of the Competition Appeal Court (CAC) handed down on Friday, 13 October 2023, confirming a decision of the Competition Tribunal ("Tribunal“), made in April 2020, which found Tsutsumani Business Enterprises CC (“Tsutsumani”) had engaged in an excessive pricing of face masks to the South African Police Service (“SAPS”).

The matter stemmed from an investigation by the Commission following a complaint filed by the SAPS against Tsutsumani for alleged excessive pricing of masks supplied to SAPS. The Commission found that Tsutsumani had charged the SAPS excessive prices for the urgent supply of 500 000 3-ply surgical face masks between 5 and 29 April 2020 at a mark-up of 87% per mask and that the SAPS was a price-taker because of the shortage of supply of face masks at the time. Click here for the Press Release

28. Commission launches Inquiry into distribution of media content.

The Competition Commission (Commission) launched the Media and Digital Platforms Market Inquiry (“MDPMI”), designed to scrutinise the distribution of media content on South African digital platforms and the Advertising technology (Adtech) markets that link buyers and sellers of digital advertising inventory.

This inquiry stems from concerns that there may exist market features in digital platforms that distribute news media content, and associated Adtech markets, that might restrict, distort, or impede competition, with potential adverse effects on South Africa's news media sector.

The MDPMI also released a Statement of Issues and Requests for Information (RFI) to platforms, Adtech companies, and media organisations following the publication of the final Terms of Reference in September 2023.

The MDPMI will primarily concentrate on key digital platforms, including search engines, social media sites, video-sharing platforms, and news aggregation platforms, as well as Adtech market participants on the supply and demand sides, and Ad exchanges.

Additionally, the inquiry will take a forward-looking approach to assess the impact of new technologies adopted by digital platforms, such as generative AI search support like ChatGPT, on businesses in the South African news media sector. Importantly, the inquiry's scope is limited to businesses within the South African news media sector, including news publishers and broadcasters. Click here for the Press Release.

JAPAN🇯🇵

29. The JFTC opens an investigation concerning the suspected violation of the Antimonopoly Act by Google LLC, etc.

The Japan Fair Trade Commission (hereinafter referred to as the "JFTC") has opened an investigation concerning the suspected violation of the Antimonopoly Act by Google LLC, etc. (hereinafter referred to as "Google"), and decided to seek information and comments from third parties.

Google has been suspected to exclude business activities of its competitors or restrict business activities of its counterparties by: -

(1) entering into license agreements with Android mobile device manufacturers (hereinafter referred to as "OEMs") under which Google makes them install its applications, such as a search application named "Google Search" and a web browser application named "Google Chrome", together with its application store named "Google Play", and designates where to place icons, etc. of such applications on screens of the devices, and

(2) entering into agreements with OEMs, etc. under which Google shares its revenue from its search advertising service with them on conditions including that they do not pre-install competitors' search application.

This is the first time for the JFTC to seek information and comments from third parties in the early stages of the case investigation. Click here for the Press Release

30. The JFTC issued cease and desist orders against participants in biddings for geological investigation procured by Kochi Prefecture.

The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) today issued cease and desist orders and surcharge payment orders against participants in biddings for geological investigation procured by Kochi Prefecture.

The JFTC found

(i) that the 14 participants had conspired and agreed to decide prospective　winners and to bid at prices allowing those winners to win geological investigation procured by Kochi Prefecture;

(ii) that based on the agreements, they coordinated and agreed on a winner of participants for each geological investigation procurement in advance and allowed the winner to be successful in the biding;

(iii) that above-mentioned conduct had been conducted since April 2017 at the latest. By engaging in this conduct, the 14 participants substantially restrained competition in the field of the geological investigation procured by Kochi Prefecture, contrary to the public interest.

The conduct fall under unreasonable restraint of trade prescribed in Article 2, paragraph (6) of the Antimonopoly Act and the participants violated Article 3 of the Act.

The total amount of surcharge is 86.26 million yen. Click here is for Press Release.

SPAIN🇪🇸

31. The CNMC investigates possible anti-competitive practices in the field of rail freight and rail traction services.

The National Commission on Markets and Competition ( CNMC ) investigates possible anti-competitive practices in the field of rail freight services and in the provision of traction services railway for the transport of goods. Click here for Press Release.

32. The CNMC investigates possible anti-competitive practices in the market for the supply of digital pharmaceutical logistics tools for pharmacy offices in Spain.

The National Commission for Markets and Competition (CNMC) is investigating possible anti-competitive practices in the market for the supply of digital pharmaceutical logistics tools for pharmacy offices in Spain.

On October 23 to 26, 2023, CNMC personnel carried out an inspection at the headquarters of a pharmaceutical sector entity, within the framework of an open investigation ex officio, for the alleged existence of anti-competitive practices in the aforementioned market. Click here for the Press Release.

33. The CNMC investigates Eólica del Alfoz and its parent Beta Iberian Participations for a possible abuse of a dominant position.

The CNMC investigates Eólica del Alfoz and its parent Beta Iberian Participations for a possible abuse of a dominant position. The conduct of this company, designated Single Cloud Interlocutor (IUN) in an access node to the electrical energy transmission network, it would have benefited companies in its group in the generation market.

Specifically, Eólica del Alfoz, S.L., taking advantage of its status as Single Knot Interlocutor ( IUN ) and sole processor of joint and coordinated requests for access and connection to the transport network in said node before REE ( Electric Network de España, S.A. ) would have favored requests from companies in the same business group. As a consequence of this possible discriminatory conduct, other promoting companies that share a connection point to the transport network did not obtain access to it. Click here for the Press Release.

34. CNMC investigates possible anti-competitive practices in the market for the distribution of agricultural machinery.

The National Commission of Markets and Competition (CNMC) investigates possible anti-competitive practices consisting of agreements for the distribution of the market for the distribution of agricultural machinery in Spain, through the restriction of passive sales to clients located outside the area specified in the distribution contracts.

From September 26 to 29, 2023 they were carried out inspections in companies that could be carrying out such practices. In this process, the CNMC has had the collaboration of the autonomous competition authority of one of the territories in which one of the investigated companies is located. Click here for the Press Release.