- within Strategy, Tax and International Law topic(s)
Commission Sends Statements of Objections in Construction Chemicals Cartel
The European Commission (“Commission”) has sent Statements of Objections to several construction chemicals manufacturers and three national trade associations over suspected coordination of price increases for additives used in cement, concrete and mortar in France, Germany, and Spain.
The case concerns alleged coordination between 2021 and 2022 over planned price increases for construction chemicals. According to the Commission, manufacturers discussed future increases in response to rising raw-material costs, while national trade associations prepared press releases that were used to explain or support those increases. The Commission identified a separate suspected arrangement in France, Germany and Spain, involving Sika, Mapei, Cemex, Chryso and MC Bauchemie, among others.
The case highlights the risks arising when competitors discuss future pricing through trade associations, even where those discussions are presented as a response to common cost pressures. The findings remain preliminary, and the companies and associations will now have an opportunity to respond before the Commission reaches a final decision.
Commission Opens First Medical Devices Antitrust Investigation into Invisalign Ecosystem
The Commission has initiated an investigation into whether Align Technology used its market-leading Invisalign clear aligners to steer dental professionals towards its own iTero intra-oral scanners. The case, which follows a competitor complaint, is the Commission’s first formal antitrust investigation in the medical devices sector.
Intra-oral scanners create the digital scans used by dentists to order clear aligners. The Commission is concerned that Align has restricted the use of competing scanners by refusing to approve them for automated Invisalign orders and declining to accept scans submitted in industry-standard file formats. As a result, dental professionals wishing to offer Invisalign may effectively be required to purchase an iTero scanner.
The Commission will assess whether this closed ecosystem shields iTero scanners from competition while strengthening Align’s position in clear aligners. The case also signals closer scrutiny of interoperability restrictions that may prevent customers from combining products supplied by competing medical-device manufacturers.
Tyre Supplier and Wholesalers are Fined in Germany for Resale Price Fixing
The German Competition Authority (“Bundeskartellamt”) imposed fines totalling EUR 11.9 million on Maxxis and two tyre wholesalers for restricting resale prices for Maxxis and CST tyres in Germany. The case was triggered by a disclosure from another wholesaler, which received immunity in return for full cooperation.
Bundeskartellamt found that Maxxis had guaranteed certain margins to wholesalers on the understanding that they would avoid aggressive pricing, particularly on the Tyre24 online platform. Maxxis also monitored resale prices and intervened where it considered them too low.
Similar margin arrangements were later extended to nine other wholesalers.
The decision shows that margin guarantees may amount to resale price fixing where they influence distributors’ selling prices. Suppliers should therefore avoid linking margin protection, recommended prices or marketplace monitoring to any expectation that distributors will maintain particular resale-price levels
US Appeals Court Revives Antitrust Case Over Casinos’ Pricing Algorithm
The U.S. Court of Appeals for the Third Circuit has revived an antitrust lawsuit accusing several Atlantic City casino-hotels of using shared revenue-management software to coordinate hotel room prices. Reversing a district court’s dismissal, the panel held that hotel guests had plausibly alleged an unlawful conspiracy in which competitors fed commercially sensitive information into the same pricing algorithm and then adopted its recommendations, and it sent the case back for further proceedings.
The plaintiffs contend that the software reduced independent pricing decisions and pushed rates above competitive levels, while the defendants argue that revenue-management tools merely respond to market conditions and are not price-fixing in themselves. The court did not rule on the merits, but its decision allows the case to move into discovery. The case adds to growing scrutiny of algorithmic pricing, and of whether shared pricing tools can facilitate coordination between competitors that never communicate directly.
Finnish Competition Authority Closes Hockey League Investigation After Reforms
The Finnish Competition and Consumer Authority (“FCCA”) closed its investigation into whether the organisation of Finland’s top ice hockey league restricted competition, after Liiga changed several of the practices under review.
The FCCA’s main concern was that Liiga had broad discretion to control promotion, relegation and entry into the league. New clubs were also required to purchase a league share at a price determined by Liiga. During the investigation, Liiga agreed that licence conditions would be approved and applied by an independent party and introduced a licence-fee model as an alternative to the mandatory purchase of a league share.
From the 2027–2028 season, Liiga will also move to a two-tier system with direct promotion and relegation. The case shows that sports leagues may face competition scrutiny where their governance rules allow existing participants to control market entry or limit competitive pressure.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
