Portuguese Competition Authority (PCA) - "Autoridade da Concorrência"
PCA adopts Statement of Objections for suspicions of abuse of a dominant position
The PCA has adopted a Statement of Objections against four companies active in the market intelligence sector, for suspicions of abuse of a dominant position in the form of a margin squeeze.
Margin squeeze is part of the exclusionary abuses' category and corresponds to a behavior whereby the dominant company seeks to maintain or increase its market power by foreclosing its rivals' access to the market, thus marginalizing, impairing or eliminating effective competition, by using methods different from those governing normal competition on the merits.
If the PCA concludes that the defendants, either intentionally or negligently, committed the alleged infringement, it may impose a fine of up to 10% of their respective annual turnover in the year preceding the PCA's final decision.
PCA adopts Statement of Objections for not providing information or providing false, inaccurate or incomplete information
The PCA has opened proceedings against an undertaking operating within the transports sector for not providing information or for providing false, inaccurate or incomplete information in response to a request of the PCA, under its sanctioning powers, having issued, in the context of such proceedings, a Statement of Objections.
If the PCA concludes that an undertaking has provided, intentionally or negligently, information that was false, inaccurate or incomplete, it may impose a fine up to 1% of the undertaking's turnover of the year immediately preceding the final infringement decision to be issued by the PCA.
PCA converts into mandatory conditions the commitments presented by Peugeot Portugal regarding motor vehicle warranties
The PCA converted into mandatory conditions all the commitments presented by Peugeot Portugal Automóveis, S.A. (Peugeot), in order to address the competition concerns related to motor vehicle warranties' restrictions.
The PCA's investigation started on 6 June 2013 and revealed the existence, on Peugeot's extended warranty contracts, of a clause that prevented consumers from having repair and maintenance work carried out by independent repairers, by suppressing the right to the manufacturer's warranty in such cases.
Confronted with the PCA's concerns, Peugeot offered a set of commitments in order to put an end to the PCA's investigation.
PCA declared the extinction of the proceedings of the JCDecaux/Cemusa merger
Following the request of JC Decaux, the PCA declared the extinction of the merger proceedings concerning the acquisition of sole control of Cemusa by JCDecaux, in the area of outdoor advertising.
On 7 August 2014, the PCA had adopted a decision to open an in-depth investigation, on the grounds that the transaction raised serious doubts and was likely to create significant impediments to effective competition, thereby justifying additional assessments.
According to the PCA, the concerns raised were related to the increase of the degree of market concentration, competitive closeness between the company participating in the concentration and the existing barriers to entry and to expansion, which could be increased by the merger.
PCA initiates an in-depth investigation of the SUMA/EGF merger
The PCA has decided to initiate an in-depth investigation in relation to the proposed merger which consists of the acquisition of sole control of EGF - Empresa Geral do Fomento, S.A. by SUMA - Serviços Urbanos e Meio Ambiente, S.A (SUMA).
According to the PCA, this decision was taken given that, in light of the information gathered during the first phase of the merger proceedings, the proposed merger raised doubts whether the merger could result in a significant impediment to effective competition in the market for the collection of solid waste for which the municipalities are responsible.
PCA's decision against Sport TV confirmed by the Lisbon Court of Appeals
The Lisbon Court of Appeals confirmed the PCA's infringement decision against Sport TV for abusing its dominant position in the market of conditional-access premium sports TV channels, during a period of more than six years.
In the judgement delivered on 11 March 11 2015, the Lisbon Court of Appeals dismissed the appeal filed by Sport TV entirely, confirming that the undertaking abused its dominant position in the market by applying discriminatory conditions to subscription-based television operators.
In 2013, the PCA had imposed a fine of € 3,7 million to Sport TV, which was subsequently reduced by the Competition Court to € 2,7 million.
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News brief
- The group ENEL, SpA., through its subsidiary companies FINERGE - Gestão de Projetos Energéticos, S.A. and TP - Sociedade Térmica Portuguesa, S.A., notified the acquisition of sole control over certain assets of ENEOP - Eólicas de Portugal, S.A.
- Provimi Iberia - Concentrados para Alimentação de Animais, S.A., notified the acquisition of the assets belonging to the companies Rações Progado Centro-Sul, S.A. and Progado - Sociedade Produtora de Rações, S.A., that are part of the Montalva group.
- The PCA Council adopted a decision of non-opposition in the merger Laurate / IADE*Ensicorporate*Ensigest*Gémeo.
- The PCA Council adopted a decision of non-opposition in the merger PPG/Axson.
- Cobega S.A. notified the acquisition of sole control of Coca-Cola Iberian Partners, S.A.
- Generg notified the acquisition of sole control of a set of assets of ENEOP.
- Vallis notified the acquisition of sole control of Britalar, S.A. through Elevo, controlled by the designated Vallis Construction Sector Consolidation Fund SICAV-SIF-Compartment I.
- EDP Renewables notified the acquisition of sole control of assets of ENEOP which will be incorporated in a special-purpose vehicle (SPV).
- The PCA Council adopted a decision of non-opposition in the merger JML / Serraleite.
- The PCA Council adopted a decision of non-opposition in the merger FCR Revitalizar Norte*Banco Carregosa / Pagaqui.
- The PCA Council adopted a decision of non-opposition in the merger DST / Criar Vantagens.
- Schreiber Europa S.L. notified the acquisition of sole control of Senoble Ibérica, S.L.
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European Commission
Commissioner Vestager announces proposal for e-commerce sector inquiry
Margrethe Vestager, member of the commission responsible for competition policy, announced a forthcoming proposal to launch a competition inquiry in the e-commerce sector.
Despite cross-border online sales within the EU continues to grow, even if somewhat slowly, goods and services are increasingly marketed on the internet.
According to the Commissioner, there are indications that some companies may be taking measures to restrict cross-border e-commerce. The sector inquiry would focus on better identifying and addressing these measures, in line with the Commission's priorities to create a connected Digital Single Market.
Commissioner Vestager will table her proposal to the Commission in the coming weeks.
Commission opens in-depth investigation into public contracts between Brussels authorities and French advertising company JC Decaux
Following a complaint, the Commission has opened an in-depth investigation to assess whether two measures granted by the Brussels authorities in favour of the French outdoor advertising company JC Decaux were in line with EU state aid rules.
The Commission has concerns that certain tax and rent exemptions may have given the company a selective advantage over its competitors.
The Commission started its investigation into alleged state aid measures granted by Belgium in favour of JC Decaux following a complaint from its competitor Clear Channel Belgium.
Commission opens in-depth investigation into Spanish high-speed railway test centre (CEATF)
The European Commission has opened an in-depth investigation to examine whether the public financing of a test centre for high-speed trains and related equipment (the Centro de Ensayos de Alta Tecnología Ferroviaria, CEATF) near Malaga in Spain is compatible with EU state aid rules.
Under Spain's current plans, the project costs of €358,6 million would be fully financed by the EU Regional Development Fund (ERDF) and Spain.
At this stage, the Commission has doubts that the project pursues a genuine objective of common interest.
Commission sends Statement of Objections to Bulgarian Energy Holding and subsidiaries for suspected abuse of dominance on Bulgarian natural gas markets
The European Commission has sent a Statement of Objections to Bulgarian Energy Holding (BEH), informing it of the Commission's preliminary view that BEH may have breached EU antitrust rules by hindering competitors access to key gas infrastructures in Bulgaria.
The Statement of Objections is also addressed to BEH's gas supply subsidiary Bulgargaz and its gas infrastructure subsidiary Bulgartransgaz.
Court of Justice confirms the Commission's decision of the bananas cartel
The Court of Justice of the European Union dismissed the appeal brought by banana importer Dole against a General Court judgment of 2013, confirming entirely the Commission's assessment of the bananas cartel case in relation to Dole.
The Court also confirmed that communications between competitors leading to horizontal price-fixing through a cartel are anticompetitive by their very object and amount to a violation of EU antitrust rules, without requiring an analysis of their effect on competition in the market.
Commission approves acquisition of Joris Ide by Kingspan
The European Commission has cleared under the EU Merger Regulation the proposed acquisition of Joris Ide Group (Steel Partners NV/SA) of Belgium by rival Kingspan Group Plc of Ireland. Both companies manufacture sandwich panels and construction sheets in several production sites in the European Economic Area.
The Commission concluded that the transaction would raise no competition concerns, in particular because the merged entity will continue to face sufficiently strong competition after the merger and customers will still have sufficient alternative suppliers in all markets concerned.
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Spain
Comisión Nacional de los Mercados y la Competencia applies fine of € 8,75M to Repsol
The Spanish Competition Authority, Comisión Nacional de los Mercados y la Competencia (CNMC), imposed a fine of € 8,75M to Repsol by the non-compliance with a decision issued by the CNMC in 2009. The failure sanctioned refers to indirect fixing of prices in services stations, conduct prohibited by the competition rules, which affects not only the intra-brand competition, but also inter-brand competition.
France
Cartel in fresh dairy products sector
The French Competition Authority, Autorité de la Concurrence, sanctioned agreements between producers Yoplait, Senagral (Senoble), Lactalis, Novandie (Andros group), Les Maîtres Laitiers du Cotentin, Laïta, Alsace Lait, Laiterie de Saint Malo, Yeo Frais and Laiteries H. Triballat (Rians).
According to the French Competition Authority, the undertakings gathered and exchanged information with each other, in order to perform horizontal price fixing agreements.
Yoplait, that denounced such practices restrictive of competition, asked for leniency and was exempted from any fines.
