03.12.2024
Apresentação
Este é um informativo diário que traz para o(a) leitor (a) notícias e casos de defesa da concorrência das principais jurisdições antitruste do mundo (CADE, FTC, Comissão Europeia, CMA etc).
Notícias
FTC Issues Annual Report on Ethanol Market Concentration 2024
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The Federal Trade Commission has issued its 2024 Report on Ethanol Market Concentration. The Energy Policy Act of 2005 directs the Commission to perform an annual review of market concentration in the ethanol production industry “to determine whether there is sufficient competition among industry participants to avoid price-setting and other anticompetitive behavior.”
As in prior years, the 2024 report concludes that “[t]he level of concentration and number of market participants in the U.S. ethanol production industry continue to suggest that the exercise of market power to set prices, or coordinate on price or output levels, is unlikely on a nationwide basis.”
The Commission vote to approve the report was 5-0.
The lead staff attorney on this matter for the FTC is Christopher Grengs in the Bureau of Competition.
The Federal Trade Commission works to promote competition, and protect and educate consumers. The FTC will never demand money, make threats, tell you to transfer money, or promise you a prize. You can learn more about how competition benefits consumers or file an antitrust complaint. For the latest news and resources, follow the FTC on social media, subscribe to press releases and read our blog.
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Office of Public Affairs
Commission approves EasyJet, IAG and AFKLM as remedy takers in the context of ITA Airways merger control investigation
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The European Commission has approved, under the EU Merger Regulation, EasyJet Airline Company PLC (‘EasyJet‘), International Airlines Group (‘IAG‘) and Air France-KLM S.A., Société Air France and Koninklijke Luchtvaart Maatschappij N.V. (together ‘AFKLM‘) as suitable remedy takers under the commitments made by Lufthansa AG (‘Lufthansa‘) and the Italian Ministry of Economy and Finance (‘MEF‘) in order to acquire joint control over ITA Airways (‘ITA‘). The approval of suitable remedy takers is a condition for Lufthansa and the MEF to implement the transaction.
In July 2024, the Commission approved the acquisition of joint control of ITA by Lufthansa and the MEF, conditional upon full compliance with a remedy package submitted by Lufthansa and the MEF consisting of:
- Commitments for short-haul routes: Lufthansa and the MEF had to make available to one or two rival airlines the necessary assets to enable them to start non-stop flights between Rome or Milan and certain airports in Central Europe. They also had to ensure that one of those rival airlines would have access to ITA’s domestic network to offer indirect connections between certain airports in Central Europe and certain Italian cities other than Rome and Milan.
- Commitments for long-haul routes: Lufthansa and the MEF had to enter into agreements with rivals to improve their competitiveness on the long-haul routes of concern between Italy and North America, for instance through interlining agreements or slot swaps. This would lead to increased frequencies of non-stop flights and/or improved connections for one-stop flights on each of the routes.
- Commitments for Milan Linate airport: Lufthansa and MEF also had to transfer take-off and landing slots at Linate airport to the remedy taker(s) for the short-haul routes to address competition concerns at the airport.
Pursuant to the commitments, Lufthansa and the MEF can only implement the transaction following the Commission’s approval of suitable remedy takers for each of the short-haul, long-haul and Milan Linate commitments.
Lufthansa and the MEF notified to the Commission their choice of (i) EasyJet as the remedy taker for the short-haul routes and for the transfer of take-off and landing slots at Milan Linate airport; and (ii) IAG and AFKLM as the remedy takers for the long-haul routes. Lufthansa and the MEF submitted also the related proposed agreements with the relevant remedy takers for the Commission’s approval.
Approval of EasyJet, IAG and AFKLM as suitable remedy takers
Today, the Commission has concluded that EasyJet, IAG and AFKLM are suitable remedy takers. In particular, the Commission found that they fulfilled the relevant criteria of (i) independence from Lufthansa, the MEF and ITA; (ii) financial resources, proven expertise and incentives to act as viable and active competitive forces in competition with Lufthansa and ITA; and (iii) absence of prima facie competition concerns or risks in delaying the implementation of the commitments.
In addition, the Commission has concluded that the remedy agreements entered by Lufthansa and the MEF with the suitable remedy takers to implement the remedy package are consistent with the commitments.
For its assessment, the Commission gathered extensive information from Lufthansa, MEF, ITA and the proposed remedy takers and consulted closely with the monitoring trustee appointed in this case.
Following today’s approval, Lufthansa and the MEF can implement the transaction.
Background
The proposed acquisition of joint control of ITA by Lufthansa and the MEF was notified to the Commission on 30 November 2023. On 23 January 2024, the Commission opened an in-depth investigation into the transaction, which was followed by the sending of a Statement of Objections. On 3 July 2024, the Commission approved the proposed acquisition subject to conditions.
Following the conditional clearance of the joint acquisition of ITA by Lufthansa and MEF, it was the responsibility of Lufthansa and MEF to find and propose to the Commission suitable remedy taker(s) under the commitments.
To ensure that the implementation of the commitments will solve the competition concerns, the Commission assesses the suitability of the proposed remedy taker(s) according to the purchaser criteria set out in the text of the commitments. The Commission only accepts the proposed remedy taker(s), when it is convinced that they have the ability and incentive to continue to operate in the future in a way that they will constitute a competitive force on a lasting basis in the market.
More information will be available on the Commission’s competition website, in the public case register under the case number M.11071.
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Suspected anti-competitive conduct in relation to fragrances and fragrance ingredients (51257)
The CMA is investigating suspected anti-competitive behavior in relation to the supply of fragrances and fragrance ingredients under Chapter I CA98.
From: Competition and Markets Authority
Published7 March 2023Last updated2 December 2024 — See all updates
Case type: CA98 and civil cartels
Case state: Open
Market sector: Retail and wholesale
Opened:7 March 2023
Contents
Case timetable
| Date | Action |
|---|---|
| December 2024 | Current investigation ongoing (next update April 2025) |
| January 2024 | Current investigation ongoing and extended to include suspected unlawful coordination by Firmenich International SA, Givaudan SA and International Flavours & Fragrances Inc involving reciprocal arrangements relating to the hiring or recruitment of certain staff involved in the supply of fragrances and/or fragrance ingredients. Next update: Autumn 2024 |
| March 2023 to early 2024 | Initial investigation: information gathering, including issue of formal or informal information requests to parties. CMA analysis and review of information gathered. State of play meetings with parties under investigation |
| March 2023 | Investigation opened |
Businesses under investigation
The businesses under investigation by the CMA are:
- Firmenich International SA
- Givaudan SA
- International Flavours & Fragrances Inc
- Symrise AG
As well as other entities within their corporate groups including UK subsidiaries.
News story: CMA launches investigation into fragrances and fragrance ingredients.
Case information
On 7 March 2023, the CMA launched an investigation under Chapter I of the CA98 into suspected breaches of competition law. The investigation concerns suspected anti-competitive conduct in relation to the supply of fragrances and fragrance ingredients for use in the manufacture of consumer products such as household and personal care products.
In January 2024, the CMA extended the investigation to include suspected unlawful coordination by Firmenich International SA, Givaudan SA and International Flavours & Fragrances Inc involving reciprocal arrangements relating to the hiring or recruitment of certain staff involved in the supply of fragrances and/or fragrance ingredients.
No assumption should be made at this stage that the CA98 has been infringed. The CMA has not reached a view as to whether there is sufficient evidence of an infringement of competition law for it to issue a statement of objections to any of the parties under investigation. Not all cases result in the CMA issuing a statement of objections.
If the CMA issues a statement of objections, it will provide the addressee(s) of that statement of objections with an opportunity to make written and oral representations, before it makes a final decision. For more information, visit the CMA’s investigation procedures in CA98 cases.
Personal data
The CMA may collect, use and share personal data for its investigations, including investigations under the Competition Act 1998. This includes processing personal data for the purposes of the UK General Data Protection Regulation and the Data Protection Act 2018.
For more information about how the CMA handles personal information, visit the CMA’s Personal Information Charter.
Contacts
For any enquiries relating to this case, please contact:
- Project Director: Christiane Williams (020 3738 6250, christiane.williams@cma.gov.uk)
- Case Officer: Julie Hawes (020 3738 6163, julie.hawes@cma.gov.uk)
- Senior Responsible Officer: Juliette Enser (020 3738 6857, juliette.enser@cma.gov.uk)
Updates to this page
Published 7 March 2023
Last updated 2 December 2024 + show all updates
【Recruitment of New Digital Analysts, etc.】Statement by the Secretary General at a regular press conference (November 27, 2024)
November 27, 2024
Japan Fair Trade Commission
Today, I would like to explain the following matters: (1) Recruitment of New Digital Analysts and (2) Questionnaire Regarding the Case Involving Amazon Japan G.K., etc.
Recruitment of New Digital Analysts
The JFTC is actively addressing competition issues in the digital field by conducting market studies, identifying potential violations of the Antimonopoly Act, and making recommendations for improvements, including the development of necessary rules. To enhance the effectiveness of these efforts, the JFTC has hired private experts with specialized knowledge in the digital field as part-time government employees under the title of “Digital Analyst.”
The Mobile Software Competition Act (the Act) was enacted in June this year. Provisions related to the designation of providers subject to the Act will come into effect on the 19th next month in advance of full implementation, which is scheduled for completion by December 2025.
To ensure the effective implementation of the Act, it will be essential to conduct thorough evaluations based on technical aspects of smartphones and to examine claims related to security and other technical issues raised by relevant enterprises. To establish the necessary framework for these efforts, we believe it is crucial to further strengthen our team by expanding the group of experts in the digital field.
From this perspective, we have decided to open applications for the position of Digital Analyst. The recruitment process begins today, Wednesday, November 27.
The required skills and expected duties for the specialized personnel being recruited are outlined as follows:
– Data Analysts: Expected to conduct data-driven analysis aimed at understanding business practices and operations.
– Mobile Analysts: Provide technical support with a focus on smartphone applications.
– Digital Lawyers: Assist with analysing digital regulations in foreign jurisdictions and offer legal support on adjacent legal domains such as copyright law and tax law.
– Digital Accountants (Certified Public Accountants): Support from an accounting perspective, including analysis of international accounting standards and the financial statements of IT companies.
For this recruitment, we plan to conduct the selection process on a rolling basis, with applications closing on Friday, December 27. We encourage those who are interested to consider applying for the position.
For further details, please contact the Office of Policy Planning and Research for Digital Markets.
Questionnaire Regarding the Case Involving Amazon Japan G.K., etc.
In connection with the investigation involving Amazon Japan G.K., etc., the JFTC has decided to collect information broadly from sellers on Amazon.co.jp.
Amazon Japan G.K. operates a display space on its website, “Amazon.co.jp,” for listing products eligible for the “Recommended Listings” feature. There are suspicions that the company restricts the business activities of sellers on the platform related to listing products to this space by:
1. Requiring sellers to set the sales prices of their products as “competitive prices,” “reference prices,” or similar terms.
2. Compelling sellers to use a service called “Fulfillment by Amazon” (FBA).
These actions are suspected of restricting the business activities of sellers, potentially violating the Antimonopoly Act. As a result, an on-site inspection was conducted on Amazon Japan G.K. yesterday, and an investigation has been initiated.
To clarify the facts of this case, we think that it is crucial to gather information broadly from sellers. Therefore, we will conduct a web questionnaire primarily targeting current sellers on “Amazon.co.jp”, including enterprises that sold on the platform in the past. The questionnaire aims to collect information regarding actions by Amazon Japan G.K. that are suspected of violating the Antimonopoly Act.
This web questionnaire is planned to be conducted through a dedicated page on the JFTC’s website. Since it is expected to take one to two weeks for launch, please utilize the “Consultation, Reporting, Information Submission, and Procedures, etc.” section available on the top page of the JFTC’s Japanese website to provide information, until the dedicated questionnaire page for this case is ready. Specifically, please submit information on the “Reporting for Suspected Violation of Antimonopoly Act” item in the “Reporting” of the “Consultation, Reporting, Information Submission, and Procedures, etc.” section.
Based on the information provided by sellers, the JFTC may contact them if necessary. Please rest assured that any personal information, such as names provided through the “Consultation, Reporting, Information Submission, and Procedures, etc.” section and the web questionnaire, will not be disclosed to a third-party including Amazon Japan G.K. without the consent of a provider of information. We kindly ask sellers to include their contact information.
Please note that the information and opinions provided will be used solely for the purpose of this investigation and will not be used for any other purposes. The JFTC would like to receive a wide range of information form sellers. Once the questionnaire form is launched on our website, we will announce it at this regular press conference.
