1. Antitrust cases highlights
Colombia
Chemicals market investigation
On March 18th, 2019 the SIC announced a new investigation against chemical companies Brinsa, Quimpac, Mexichem and Trichem (Tricon´s subsidiary) and their officials, for an alleged cartel in the industry of chemicals, specifically chlorine, caustic soda and derivative products.
The investigation is the result of a Leniency application by Brinsa and its officials.
Mexico
Airlines fined for price fixing
The Mexican Competition Authority (COFECE) fined three airlines for being involved in anticompetitive practices in the air transport services market in this country.
The violation consisted of price manipulation through agreements, covenants and arrangements that sought to transfer costs to the consumers by establishing a minimum price base for various national and international routes between 2008 and 2010.
Alleged corn flour cartel
COFECE announced the opening of an investigation to several national companies and their officers for allegedly participating in anticompetitive practices affecting the corn flour market.
No information of the companies involved has been published.
Brazil
Liquid crystal displays cartel fined
The Brazilian Competition Authority (CADE) found 2 companies and 17 officers guilty of participating in the international liquid crystal displays cartel between 2001 to 2006.
Price fixing, market distribution, exchange of sensitive information, as well as restricting production to control the supply and demand were among the sanctioned conducts.
The fine is approximately USD $ 6.9 million. The sanctioned companies are Chimei Innolux Corporation and Hannstar Display.
Possible underground and submarine cables cartel
The investigative body of CADE issued a report which advice to fine Exsym Corporation, LS Cable LTD, Nexans, Prysmian S.p.A, Taihan Electric Wire and Viscas Corporation, as well as two natural persons for being part of an alleged international cartel with effects on Brazil. The affected market would be underground and submarine wires for the conveying of electric energy from generation units to the final consumer.
According to the CADE, the alleged cartel existed from the early 90´s to mid-2004.
USA
Alleged bid-rigging in the commercial paving and coating market
The Department of Justice filed charges against Michael Gannon, an American Contractor who is located in Chicago, and several other employees from three companies (still unidentified), for participating in public procurement with the purpose of conspiring to suppress and eliminate competition in this market.
The employed mechanism allegedly entailed submitting complementary proposals that allowed bid-rigging during a 2009-2017 period.
These public procurement procedures involved government contracts that range between USD $14.000 and 3.3 million.
Spain
Fines to tobacco companies
The Spanish Competition Authority fined Philip Morris España, Altadis and JT International Iberia, as well as two distributors, for exchanging sales information with the purpose of eliminating competition in the market.
This investigation was initiated as result of dawn raids conducted by this Authority.
The fine reaches a total of € 58 million.
Netherlands
Apple investigated for possible abuse of dominance
The Company is currently under investigation for alleged abuse of dominance regarding the conditions imposed to app developers.
The alleged accusations are the consequence of an economic study that implies that both Apple and Google may be abusing of their status of servers and competitors in their corresponding markets.
Ireland
Gun-Jumping fine is donated to charity
Armalou Holdings Ltd. was found guilty of merging with no prior authorization of the Irish Competition Authority (CCTP).
Under the “Probation Act 1907” Armalou Holdings Ltd. was allowed to donate the sum of € 2,000 to a charity.
It should be noted that Armalou Holdings Ltd. owns the OHM Group in Ireland, responsible for importing and distributing Jaguar, Land Rover, Volvo and Skoda in this country.
Australia
An investigation involving consulting firms was filed
The Australian competition authority filed an investigation for an alleged cartel among Deloitte, EY, KPMG and PwC, companies that were investigated for coordinating their prices, agreeing to calculate their fees and bid-rigging. The decision was taken due to lack of evidence.
2. Unfair competition news:
Colombia
Jeronimo Martins (“Tiendas Ara”) and Nestlé in dispute for undair competition
Nestlé sued Jerónimo Martins for marketing a product named “Choco Power” since its packaging is “predominantly green” and due to this, it is incurring in acts of unfair competition with regard to the use of the good standing of a third party, acts of confusion, and infringement of the general prohibition. The foregoing, as a consequence of the use of a color that is one of the two registered brands for “Milo” (a cocoa-based powdered food to modify milk).
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