Latest updates

Competition office fines Booking.com €0.33 million
Schoenherr Attorneys at Law
  • Czech Republic
  • 21 March 2019

The Office for the Protection of Economic Competition recently reviewed vertical aspects of online platforms and distribution channels, ultimately fining online booking platform Booking.com approximately €330,000 for using most-favoured-nation (MFN) clauses in its contracts with hotels. Although the decision has not yet been published, it is hoped that it will be instructive in terms of how the office examines the conditions under which MFN clauses may be considered anti-competitive.

Metro penalised for unfair comparative advertising campaign
Advokatsko druzhestvo Stoyanov & Tsekova in cooperation with Schoenherr
  • Bulgaria
  • 28 February 2019

The Commission for the Protection of Competition recently penalised Metro Cash & Carry for conducting an unfair comparative advertising campaign. Lidl Bulgaria EOOD had claimed that Metro's advertising campaign unfairly encouraged Lidl customers to shop at Metro instead. The case is a helpful reminder that companies designing advertising campaigns should carefully consider any direct or indirect references to their competitors, particularly if such references have negative connotations.

Digital consumer protection – Black Friday success turns sour for major online marketplace
Schoenherr
  • Hungary
  • 24 January 2019

After a record-breaking Black Friday promotion, an online retailer is now suffering the consequences. According to the Hungarian Competition Authority (HCA), eMAG may have failed to meet the standards of professional diligence by misleading consumers with its 2018 Black Friday campaign. This action was one of the first to be initiated under the umbrella of the HCA's digital consumer protection strategy paper.

CPC fines A1 Bulgaria for cancelling agreement
Advokatsko druzhestvo Stoyanov & Tsekova in cooperation with Schoenherr
  • Bulgaria
  • 13 December 2018

The Commission for the Protection of Competition (CPC) recently imposed a Lev840,340 fine on A1 Bulgaria for cancelling a partnership agreement with its main commercial representative, Handy-Tel EOOD. The CPC held that the cancellation had effectively violated Article 37a(1) of the Protection of Competition Act, which prohibits the abuse of a dominant position when contracting.

Right to be heard in dawn raid
Schoenherr Attorneys at Law
  • Slovenia
  • 13 December 2018

The European Court of Human Rights (ECHR) recently granted Produkcija Plus doo (Pro Plus) €52,500 in compensation after its right to be heard was violated during proceedings relating to a fine imposed for obstructing a dawn raid. The ECHR stated, among other things, that even though the Supreme Court had been required to review the facts on which the fine was based, the court had not heard the evidence requested by Pro Plus.

HCA publishes digital consumer protection strategy
Schoenherr Attorneys at Law
  • Hungary
  • 06 December 2018

The Hungarian Competition Authority (HCA) recently published a strategy paper presenting its views on consumer protection in the digital age. The paper subtly indicates that the HCA will continue to follow the European Commission's guidance in this regard. It also highlights the measures which the HCA deems necessary to protect consumers and keep up with the developments and companies central to this process.

BiH Competition Council introduces new tariffs
Schoenherr Attorneys at Law
  • Bosnia and Herzegovina
  • 22 November 2018

The Bosnia and Herzegovina Competition Council will apply new tariffs as from November 2018. Among these, the most significant are the increased merger control clearance fees, which have doubled. The council took inspiration for the new tariffs from those of other regional competition authorities, including the Serbian and Montenegrin commissions.

CPC penalises Speedy AD for failing to provide complete and accurate information
Schoenherr Attorneys at Law
  • Bulgaria
  • 25 October 2018

The Commission for the Protection of Competition (CPC) recently approved the acquisition of Rapido Express and Logistics OOD by its competitor Speedy AD. However, at the same time, the CPC penalised Speedy AD for failing to provide complete and accurate information in its concentration notification which the commission deemed materially and substantially important for evaluating the deal.

Office for the Protection of Competition gets tougher on fines for competition law infringements
Schoenherr Attorneys at Law
  • Czech Republic
  • 18 October 2018

The Office for the Protection of Competition recently adopted new guidelines on the method of setting fines for competition law infringements. The new guidelines are intended to underline the repressive and preventive function of fines. As a result, undertakings can expect higher fines for infringements of competition rules than under the previous regime.

First year of law on unfair practices in food sector – an overview
Schoenherr Attorneys at Law
  • Poland
  • 04 October 2018

One year has passed since the Act on Counteracting the Unfair Use of Contractual Advantage in the Trade of Agricultural and Food Products entered into force. The act aimed to protect small farmers and grocery suppliers against the abuse of power by large supermarkets and chain stores. The government recently adopted an amendment to the act which will allow the Office for Competition and Consumer Protection to intervene in cases involving smaller farmers.

HCA's recent practice: cooperation and commitments
Schoenherr Attorneys at Law
  • Hungary
  • 20 September 2018

In recent years, the Hungarian Competition Authority (HCA) has seemingly aimed to foster cooperation between itself and market participants. Recent case law shows that the HCA strives for cooperation even when market participants allegedly commit grave infringements of the competition rules. Market participants are advised to harness this tendency and the HCA's willingness to reach decisions more efficiently.

Competition Protection Agency adopts commitments for Renault
Schoenherr Attorneys at Law
  • Slovenia
  • 16 August 2018

In 2017 the Competition Protection Agency initiated proceedings against Renault. The company was suspected of treating authorised mechanics and independent mechanics differently, which gave the agency grounds to believe that Renault had abused its dominant position. In response, Renault proposed remedies in an attempt to address the agency's concerns and eliminate the alleged anti-competitive effects on the market. The agency recently closed the proceedings and accepted the commitments.

CPC issues first decisions prohibiting concentrations
Advokatsko druzhestvo Stoyanov & Tsekova in cooperation with Schoenherr
  • Bulgaria
  • 16 August 2018

The Commission for the Protection of Competition (CPC) recently prohibited two concentrations in politically sensitive sectors (media and energy). The CPC's decisions were widely criticised for lacking valid economic arguments. Further, in both decisions the CPC limited its legal arguments to several paragraphs and failed to clarify how acquiring non-competitors (or at least non-major competitors) could strengthen the resulting group's dominant position and thus impede competition.

Serbian Competition Authority signs memorandum of cooperation
Schoenherr Attorneys at Law
  • Serbia
  • 09 August 2018

Conditional merger clearance triggers abuse of dominance proceedings
Moravčević Vojnović and Partners in cooperation with Schoenherr
  • Serbia
  • 02 August 2018

The Serbian Competition Authority has initiated ex officio antitrust proceedings against Serbia Broadband – Srpske kablovske mreže doo Belgrade on grounds of suspected abuse of dominance. This is the first case in which the authority has initiated abuse of dominance proceedings based on soft behavioural remedy (ie, the obligation to report prices).

Western Balkan Competition Forum on horizon
Moravčević Vojnović and Partners in cooperation with Schoenherr
  • Serbia
  • 26 July 2018

The Serbian Competition Authority and the European Bank for Reconstruction and Development have launched an initiative to establish a regional competition forum. The forum will include all Western Balkan states (Serbia, Bosnia and Herzegovina, Montenegro, Kosovo, Macedonia and Albania) and two EU member states (Slovenia and Croatia). The Centre for Liberal-Democratic Studies has been enlisted as a consultant to help design, implement and manage the forum's operations.

Serbian Competition Authority increases dawn raid activity
Moravčević Vojnović and Partners in cooperation with Schoenherr
  • Serbia
  • 19 July 2018

The Serbian Competition Authority has increased its dawn raid activity over the past year. Although conducting dawn raids has been a part of the authority's remit since 2009, no such raids were carried out until the end of 2015. To date, the authority has conducted dawn raids in approximately 10 of its proceedings. The majority of these raids were conducted to establish the existence of restrictive agreements.

Competition Agency assumes State Aid Commission's powers
  • Montenegro
  • 12 July 2018

The most important change introduced by recent amendments to the Competition Act is that a single authority will be responsible for protecting competition and state aid in Montenegro. As a result of Montenegro's accession to the European Union and its obligations under the Stabilisation and Association Agreement, the State Aid Commission's responsibilities will now fall within the remit of the Competition Agency.

Influencers have been targeted by the HCA, but what about buying followers?
Schoenherr Attorneys at Law
  • Hungary
  • 05 July 2018

With the global development of the Internet, life has changed radically in just a few decades, and legislation can barely keep up. The Hungarian Competition Authority (HCA) has been monitoring developments and has not been afraid to intervene in the interests of fair competition and the protection of consumer rights. Influencers have recently been targeted by the HCA, especially regarding their promotional activity.

Competition Authority fines firm for restrictive clauses in lease agreements
Schoenherr
  • Czech Republic
  • 28 June 2018

Restrictive clauses are common in commercial lease agreements. Such clauses can limit a landlord's ability to lease property to other tenants, restrict a tenant's business activities to a certain geographical area or control the subleasing of property. Restrictive clauses in lease agreements may appear to be problem-free and reflective of the contractual freedom of the parties, which forms one of the pillars of civil law. However, when certain restrictive clauses are scrutinised, a number of issues can become apparent.