e-Competitions Special Issue: Environment

e-Competitions Special Issue: Environment

FOREWORD

ENVIRONMENT AND COMPETITION POLICY: TRENDS IN EUROPEAN AND NATIONAL CASES
31 JANUARY 2019

This special issue contains discussions of cases in European and national practice concerning the interface between competition and environmental policy. Although the common denominator between the cases is a relationship with these two policy areas, a distinction can be drawn between two broad categories of cases. First, as we can imagine, measures taken with the objective of protecting the environment can have anticompetitive effects. In some cases, it is in fact not possible to secure environmental benefits without affecting the degree of competition in a market. The cases in this category illustrate a clear tension between competition and environmental protection, where it is up to the various stakeholders to achieve a balance between the two policy areas. The review of the reported cases also revealed another category of cases in which the anticompetitive behaviour was not a ‘necessary evil’ towards the achievement of an environmental objective, but was simply conducted in the interests of the companies involved, as it would have been done in other ‘ordinary’ anticompetitive practices. The relationship with environmental policy in these cases is that the companies work in environmental sectors, such as waste management and recycling schemes. This foreword covers both types of case and will highlight trends and differences found within European and national cases, primarily based on cases reported in e-Competitions.

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Annalies Outhuijse

University of Groningen

 ANTICOMPETITIVE PRACTICES

The EU Court of Justice confirms that related undertakings are not obliged to disclose links between them to the public contracting authority, and that they can submit non-concerted offers to the same bid (Šiauliai)
17 MAY 2018
Carlos Vérgez Muñoz • CMS Albiñana y Suárez de Lezo (Madrid)
The Indian Competition Authority grants penalty reductions to 4 out of 6 members of a cartel guilty of bid rigging public tenders for setting up solid waste processing plants (Nagrik Chetna Manch / Fortified Security Solutions)
1 MAY 2018
Man Mohan Sharma • Vaish Associates, Advocates (New Delhi)
The EU Commission fines undertakings for a total € 68 million in a car battery recycling cartel case (Campine / Eco-Bat Technologies / Recylex)
8 FEBRUARY 2017
Richard Burton • Van Bael & Bellis (Brussels)
The Russian Competition Authority concludes that regional agreements must not contain competition restrictions
3 SEPTEMBER 2015
Russian Competition Authority • Russian Federal Antimonopoly Service (Moscow)
The Arbitration Appeal Court of Moscow confirms the fines imposed on participants of crab cartel (Aquaresource-DV / Taifun)
3 SEPTEMBER 2015
Russian Competition Authority • Russian Federal Antimonopoly Service (Moscow)

 UNILATERAL PRACTICES

The Finnish Competition and Consumer Authority intervenes in the municipal waste management company’s competition compromising practice (Pirkanmaan Jätehuolto)
16 DECEMBER 2014
Satu-Anneli Kauranen • Merilampi Attorneys (Helsinki)
The Russian Competition Authority issues a warning against an undertaking having increased the prices on the cooled salmon market (Russian Sea)
12 AUGUST 2014
Russian Competition Authority • Russian Federal Antimonopoly Service (Moscow)
The Italian Competition Authority opens an Article 102 TFEU investigation into the market for plastic recycling (Aliplast / Conai-Corepla)
17 JULY 2014
Michele Giannino • Desogus Law Office (Cagliari)
The EU Commission issues statement of objections for alleged abuse of dominant position on Austrian waste management markets (Altstoff Recycling Austria)
18 JULY 2013
Tim Kasten • Van Bael & Bellis (Brussels)
The Israeli Antitrust Commissioner declares an abuse of dominance in the recycling market (ELA)
14 JULY 2013
Boaz Golan • B.Golan Law Firm (Tel Aviv)

 MERGERS

The UK Competition Authority provisionally clears a merger between two water companies (Bournemouth Water / Pennon Group)
30 SEPTEMBER 2015
UK Competition Authority • British Competition Authority – CMA (London)
The German Competition Authority clears an acquisition on the market of management of waste after the abandonment by the buyer to acquire seven site of management of waste (Remondis / Sita)
4 SEPTEMBER 2014
German Competition Authority • German Competition Authority (Bonn)
The Australian Competition and Consumer Commission launches a market consultation on commitments in relation to a proposed acquisition of the business and assets of a energy supplier (AGL Energy / Macquarie Generation)
19 FEBRUARY 2014
Australian Competition Authority • Australian Competition and Consumer Commission (Canberra)
The Spanish National Court annuls a merger control clearance decision because the notification thresholds were not reached (Consenur / Ecotec)
19 SEPTEMBER 2012
Alberto Escudero • Baker McKenzie (Madrid)
The Polish Competition Court upholds a merger prohibition decision in the market for waste battery treatment (Baterpol / Orzeł Biały)
5 APRIL 2011
Porter Elliott • Van Bael & Bellis (Brussels)

 STATE AID

The EU Commission plans on prolonging for two years seven sets of State aid rules expiring in 2020 and launches an evaluation
7 JANUARY 2019
European Commission • DG COMP (Brussels)
THE EU Commission approves a €3.5 billion aid of the Belgian Government to three offshore windfarms under EU State Aid rules (Mermaid / Seastar / Northwester2)
27 SEPTEMBER 2018
European Commission • DG COMP (Brussels)
The EU Commission approves under EU State aid rules three support measures for renewable energy in Denmark
17 AUGUST 2018
European Commission • DG COMP (Brussels)
EU Advocate General Szpunar submits that taxing only fissionable nuclear materials used for the production of electricity does not constitute State aid (Kernkraftwerke Lippe-Ems / Hauptzollamt Osnabrück)
3 FEBRUARY 2015
Albert Sánchez Graells • University of Bristol – Law School
The EU General Court holds that environmental harm does not make State aid incomaptible with the internal market (Castelnou Energía)
3 DECEMBER 2014
Phedon Nicolaides • College of Europe (Bruges)

 PROCEDURES

The Bulgarian Commission on Protection of Competition advocates the removal of unjustified restrictions on collection of household ferrous scrap
11 MARCH 2015
European Competition Network Brief • European Commission
China’s National People’s Congress and Supreme People’s Court issue amendments and interpretations, respectively, leading to increases in public interest class action-type litigation
3 FEBRUARY 2015
Richard W. Wigley • King & Wood Mallesons (Beijing)
The Paris Court of Appeal issues a ruling on the communication by the Competition Authority of documents gathered before victims of alleged anticompetitive practices bring private enforcement claims (DKT)
24 SEPTEMBER 2014
Arnaud Sanz • Norton Rose Fulbright (Paris)
Michel Pflieger • Norton Rose Fulbright (Paris)
The District Court of Rotterdam disallows ACM from using data obtained through wiretaps in two cases (Groep / Burando)
18 JULY 2013
Netherlands Competition Authority • Netherlands Authority for Consumers & Markets (The Hague)
The German Competition Authority presents its final report on sector inquiry into German waste disposal “dual systems” concept
3 DECEMBER 2012
Martin Favart • Van Bael & Bellis (Brussels)

 REGULATORY

The French Competition Authority issues its opinion on fishing quota reforms
16 DECEMBER 2015
French Competition Authority • French Competition Authority (Paris)
The Australian Competition and Consumer Commission notifies the businesses about obligation to pass through all cost savings attributable to the carbon tax repeal
17 JULY 2014
Australian Competition Authority • Australian Competition and Consumer Commission (Canberra)
The German Parliament votes in favour of the new renewable energy sources act, which exempts existing power plants from the surcharge and contains certain exemptions for new power plants
27 JUNE 2014
Matthias Lang • Bird & Bird (Dusseldorf)
The German Federal Council passes the bill amending the Renewable Energy Sources Act as a result of successful negotiations between the German Government and the European Commission concerning state aid compatibility
11 JUNE 2014
Matthias Lang • Bird & Bird (Dusseldorf)
The German Federal Government plans to submit to the Parliament a new bill for a reform of the law applicable on renewable energy sources pointing out that the talks with the Commission concerning state aid-compatibility have not yet been concluded
1 APRIL 2014
Matthias Lang • Bird & Bird (Dusseldorf)

 PUBLIC SECTOR

The Australian Competition and Consumer Commission grants interim authorisation to a number of city councils in Sidney to commence a joint tender for household clean up waste (Bankstown City / Fairfield City / Parramatta City / Liverpool City)
2 APRIL 2014
Australian Competition Authority • Australian Competition and Consumer Commission (Canberra)
The Australian Competition and Consumer Commission grants authorisation to eight regional councils in New South Wales to enable them to jointly tender and contract for waste management
12 FEBRUARY 2014
Australian Competition Authority • Australian Competition and Consumer Commission (Canberra)
The Spanish Administrative Tribunal of Contractual Appeals rules on the need to cancel the award and rerun a tender when faulty tender documents and their interpretation can give rise to discrimination (CESPA CONTEN v Valladolid Regional Logistics Unit of the Army)
22 JANUARY 2013
Albert Sánchez Graells • University of Bristol – Law School
The Romanian Cluj Appellate Court considers the principle of equal treatment in the context of the temporary validity of tender offers (WTE / Keviep / Bilfinger Berger)
31 OCTOBER 2012
Dacian Dragos • Babes-Bolyai University (Cluj-Napoca)
The Danish Glostrup District Court imposes fines on two environmental laboratories and their directors for bid rigging (Environmental Laboratory / Milana)
25 MARCH 2011
Jacob Borum • Danish Competition and Consumer Authority (Copenhagen)

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