On 20 September 2016, the European Commission fined Altstoff Recycling Austria (“ARA”) under Article 102 TFEU for abusing its dominant position in the Austrian waste management...28 September 2016
Chinese regulator fines company for non-cooperation in antitrust investigation
Prior to this non-cooperation fine, the Anhui AIC was conducting an investigation into allegedly anti-competitive practices by Sunyard (and another two companies). During the investigation the AIC requested the company to provide various documents, including its agreements, accounting books, business communications, and electronic data, etc. However, Sunyard failed to provide the requested documents within the specified period of time.
This appears to be the first published case where a company has been penalized in a separate decision for failure to cooperate in an antitrust investigation. The decision demonstrates that antitrust authorities in China continue to seek important amounts of information from companies under investigation, and have measures to force the handing over of documents and other information. Given the legal and reputational risks, if placed under investigation, companies need to make sure they have in place the proper safeguards and mechanisms to ensure compliance with regulatory requirements.
Liability for anti-competitive behaviour by your employees and outside contractors: when you are off the hook and when you are not
In its recent VM Remonts judgment, the...02 August 2016