Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 20 OCTOBER 2016

Cooperating Pays Off Even If There Is No Cartel

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
Contributor
De Brauw Blackstone Westbroek

De Brauw Blackstone Westbroek

Our clients are increasingly operating in South-East Asia and require legal assistance in the...

View firm profile
Explore more from De Brauw Blackstone Westbroek

The European Commission has lowered a fine to be imposed on ARA for blocking its competitors from entering the Austrian household packaging waste management market...

European UnionAntitrust/Competition Law
Jolling De Pree
Jolling De Pree
Erik Pijnacker Hordijk
Erik Pijnacker Hordijk
Jaap De Keijzer
Jaap De Keijzer
Stefan Molin
Stefan Molin
Martijn Snoep
Martijn Snoep
Bart De Rijke
Bart De Rijke
Gurgen Hakopian
Gurgen Hakopian
Peter Maessen
Peter Maessen
Mieke Reij
Mieke Reij
+3 more
Author LinkedIn connections

The European Commission has lowered a fine to be imposed on ARA for blocking its competitors from entering the Austrian household packaging waste management market or. ARA earned the 30% reduction by cooperating with the Commission: it acknowledged the infringement and proposed a structural remedy. In antitrust cases other than horizontal cartels, there is currently limited practice in rewarding cooperation in a prohibition decision. Competition Commissioner Vestager hopes that ARA's example will start a trend where companies help the Commission in exchange for a fine reduction. This is an option worth exploring when being investigated by the Commission.

Altstoff Recycling Austria (ARA) owned an allegedly essential facility, a unique collection infrastructure, without which companies could not provide waste management services throughout Austria. Competitors wanting to enter or expand in the market depended on receiving access to ARA's infrastructure. The Commission i

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Dutch Competition Regulator's Call-in Power Passes "First Phase" As Lower House Adopts Bill

The Netherlands is poised to grant its competition authority unprecedented power to scrutinize mergers that fall below traditional notification thresholds, targeting potentially harmful transactions such as roll-up strategies and killer acquisitions. While the Dutch House of Representatives has approved the bill despite criticism from the Council of State, the legislation introduces an asymmetric threshold system and raises standard notification requirements, fundamentally reshaping the country's merger con
NetherlandsAntitrust/Competition Law
De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
Article

Dutch House Of Representatives Approves Proposed ACM Merger Control Call-In Power

The Dutch House of Representatives has approved legislation granting the Netherlands Authority for Consumers and Markets unprecedented power to review and potentially block mergers and acquisitions that fall below existing turnover thresholds. This reform addresses concerns about "killer acquisitions" and strategic buy-and-build strategies that may escape traditional merger control scrutiny...
GlobalAntitrust/Competition Law
Greenberg Traurig
Greenberg Traurig
Article

Dutch Call-in Powers Bill Moves Forward: House Of Representatives Adopts Draft Bill After Significant Amendments

The Dutch House of Representatives has adopted a private member's bill introducing call-in powers for the Dutch competition authority ACM, enabling review of below-threshold transactions while simultaneously raising mandatory notification thresholds. This reform shifts Dutch merger control from a purely threshold-based system toward a discretionary, risk-based regime that could significantly impact dealmakers pursuing roll-up strategies, buy-and-build models, or acquisitions in concentrated markets.
NetherlandsAntitrust/Competition Law
Loyens & Loeff
Loyens & Loeff
Article

Trading Disruption Risk Expected For EU Companies Listed Or Traded Outside The EU

A critical deadline looms for European issuers with securities traded outside the EU, as a key grandfathering clause under the CSD Regulation expires on 17 January 2027. Without timely regulatory action, third-country central securities depositories like DTC may be forced to suspend services to affected EU issuers, potentially disrupting trading in their equity and debt instruments on international markets.
European UnionInternational Law
De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
Article

Dutch Competition Regulator's Call-in Power Passes "First Phase" As Lower House Adopts Bill

The Netherlands is poised to grant its competition authority unprecedented power to scrutinize mergers that fall below traditional notification thresholds, targeting potentially harmful transactions such as roll-up strategies and killer acquisitions. While the Dutch House of Representatives has approved the bill despite criticism from the Council of State, the legislation introduces an asymmetric threshold system and raises standard notification requirements, fundamentally reshaping the country's merger con
NetherlandsAntitrust/Competition Law
De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
Article

EU Companies Listed Or Traded Outside EU To Be Aware Of Upcoming Expiry Of Key Trade-facilitating Clause

A critical deadline looms for European issuers with securities traded outside the EU, as a key grandfathering clause under the CSD Regulation expires on 17 January 2027. Without timely regulatory action, third-country central securities depositories like DTC may be forced to suspend services to affected EU issuers, potentially disrupting trading in their equity and debt instruments on international markets.
European UnionFinance and Banking
De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek