


Kyriakos Fountoukakos
Kyriakos Fountoukakos is the managing partner of Herbert Smith Freehills’ Brussels office and the Regional Head of Competition, Regulation and Trade, EMEA. He is a competition law specialist with more than two decades of experience practising competition law and deals with all aspects of EU and UK competition law including merger control, cartels, antitrust investigations and advice, and competition litigation before the EU courts. Kyriakos has advised clients in a broad range of industries including TMT, pharmaceuticals, energy and mining, financial services, consumer goods and transport. Kyriakos works closely with the Herbert Smith Freehills network to provide advice on multi-jurisdictional transactions and investigations. Kyriakos was formerly a European Commission official at DG Competition’s Merger Task Force and Referendaire (Legal Secretary) at the Cabinet of the then President of the EC Court of First Instance, Mr Bo Vesterdorf. Kyriakos is an officer (currently senior vice-chair) of the IBA’s antitrust committee. He is active in speaking and writing about competition law and is co-editor of the mergers chapter of Jones & Van der Woude’s EU Competition Law Handbook. Kyriakos has studied at the University of Athens (LLB), King’s College London (LLM), the University of Cambridge (MPhil in European studies) and Columbia Law School, New York (LLM). He is qualified as a Greek lawyer, as a solicitor in England and Wales and as a Belgian Advocaat. Kyriakos is fluent in English, Greek and French.
Distinctions
Nominee, 2021 Antitrust Writing Awards: Academic, Procedure
Nominee, 2021 Antitrust Writing Awards: Business, Intellectual Property
Nominee, 2020 Antitrust Writing Awards: Academic, Unilateral Conduct
Nominee, 2019 Antitrust Writing Awards: Academic, Unilateral Conduct
Nominee, 2018 Antitrust Writing Awards: Business, Mergers
Nominee, 2016 Antitrust Writing Awards: Business, Concerted Practices
Nominee, 2015 Antitrust Writing Awards: Academic, Procedure
Nominee, 2014 Antitrust Writing Awards: Business, Mergers
Nominee, 2013 Antitrust Writing Awards: Business, General Antitrust
Nominee, 2012 Antitrust Writing Awards: Academic, Mergers





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Articles
63127 Bulletin
4
On 17 November 2023, the CMA issued a Prioritisation Statement (the Statement) indicating that it would not prioritise investigations under Chapter I of the Competition Act 1998 (the CA 98) of exchanges of competitively sensitive information (CSI) and/or agreements between medicine (...)
92
Non-compete clauses that require a party to an agreement (or both parties in case of a reciprocal non-compete obligation) not to enter a market where it is currently not present are most common in M&A contracts for the sale of a business, where the seller undertakes not to compete with the (...)
205
On 19 October 2023, the European Commission (“Commission”) published the Third Annual Report on the screening of foreign direct investments (“FDI”) into the European Union (available here), and the accompanying Commission Staff Working Document, pursuant to the annual reporting obligation (...)
54
On 18 October 2023, the European General Court (GC) delivered its judgment in Teva Pharmaceuticals Industries and Cephalon v European Commission (Case T-74/21). The GC upheld the European Commission’s (EC) decision from 2020 (Case AT.39686), which imposed a combined fine of €60.5 million on (...)
378
The UK Competition Appeal Tribunal has dismissed appeals against the CMA’s finding of abuse of dominance relating to excessive pricing of liothyronine tablets. The judgment provides further detail on the application of the excessive pricing test, and follows the Court of Appeal’s approach in (...)
76
Three intervention tools The FSR is a new EU regulatory regime that is essentially intended to “level the playing field” between EU operators and their competitors from non-EU Member States which are not subject to EU State aid rules and are consequently able to provide their companies with (...)
511
On 4 July 2023, the European Commissioner for the Internal Market, Thierry Breton, revealed in a LinkedIn post the companies that have declared that they meet the thresholds to qualify as gatekeepers under the Digital Markets Act (DMA). The deadline for such notifications was yesterday, 3 July (...)
385
On 1 June 2023 the EU Commission adopted its new horizontal block exemption Regulations (covering R&D agreements and Specialisation agreements) and Horizontal Guidelines (Guidelines). The new block exemption Regulations will apply as of 1 July 2023 (with a transitional period of two years (...)
100
On 1 June 2023 the European Commission adopted its revised guidelines on horizontal cooperation agreements (Guidelines) together with its revised horizontal block exemption Regulations on R&D and Specialisation Agreements. For an overview of the revised Guidelines see our blog post here. (...)
95
Overview of the EU Commission’s Guidance on Information Exchange In June 2023 the European Commission adopted its revised guidelines on horizontal cooperation agreements (Guidelines) together with its revised horizontal block exemption Regulations on R&D and Specialisation Agreements. (...)
87
On 20 April 2023 the European Commission published a package of measures aimed at simplifying its merger control procedures under the EU merger Regulation (EUMR). The new measures, which will take effect as of 1 September 2023, aim to streamline and make less burdensome the Commission’s (...)
110
On 27 March 2023, the European Commission (Commission) announced its intention to adopt detailed new guidelines on the application of Article 102 TFEU to exclusionary conduct. The Commission explained that “Article 102 TFEU is one of the few areas of European competition law where no (...)
348
INTRODUCTION On 16 March 2023, the Court of Justice of the European Union (CJEU) issued its keenly anticipated judgment in Towercast(Judgment), following a request for a preliminary ruling by the Court of Appeal, Paris (Court of Appeal). The Judgment clarifies that acquisitions by dominant (...)
230
The EU has now formally adopted its new Foreign Subsidies Regulation (“FSR”), which will start to apply from mid-2023. The European Commission will shortly be publishing a draft Implementing Regulation, which will set out what must be included in notifications under the FSR and further (...)
105
The EU’s groundbreaking Digital Markets Act (DMA) came into force on 1 November 2022 and applies from 2 May 2023. In this update we summarise key developments: the Implementing Regulation, institutional changes in DG COMP, workshops, and national proposals granting National Competition (...)
562
On 21 October 2022, the Spanish National Markets and Competition Commission (CNMC) imposed a €38.9 million fine on pharmaceutical company Merck Sharp and Dohme (MSD) for abusing its dominant position in the Spanish market for contraceptive vaginal rings. In particular, the CNMC concluded that (...)
85
Seeking to clarify its policy and encourage leniency applicants to come forward, the European Commission ("Commission") has published new guidance on its approach to leniency and its Leniency Notice. The new guidance comes in the form of Frequently Asked Questions ("FAQs"). The FAQs provide (...)
187
The Digital Markets Act (DMA) is a ground-breaking piece of EU regulation, imposing rules on platforms acting as “gatekeepers” in the digital sector, and aiming to ensure fairness and contestability in digital markets. It will enter into force on 1 November 2022, setting the clock running for (...)
771
On 10 October 2022, the European Commission (“EU Commission“) formally adopted a Statement of Objections (“SO“) against Teva over an alleged abuse of dominance concerning its blockbuster drug Copaxone, which is used in the treatment of multiple sclerosis. As we reported in March 2021, the EU (...)
785
On 6 September 2022 the EU Commission adopted a decision under the EU merger Regulation (EUMR) prohibiting the completed acquisition by Illumina of GRAIL. This is the first time the Commission has examined a transaction below the EUMR thresholds and all national EU Member State thresholds (...)
117
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 1 September 2022, the European Commission (“Commission”) published the Second Annual Report on the screening of foreign direct investments (“FDI”) into the (...)
217
In its judgment of 13 July 2022 the General Court endorsed the EU Commission’s revised approach to Article 22 EU Merger Regulation (EUMR) referrals as set out in its March 2021 Guidance. The case relates to an appeal brought by Illumina against the Commission’s decision to accept the referral (...)
712
The EU has reached political agreement in relation to the much-anticipated foreign subsidies regulation (the “Regulation”), which should become operational next year. The Regulation essentially creates a new subsidy control regime for third country subsidies affecting the EU market and has the (...)
338
Following a comprehensive review and consultation process, the new revised EU vertical agreements block exemption Regulation (VBER) and Guidelines have now been published and will come into force on 1 June 2022. The Commission’s stated objectives of the review process were to adjust the safe (...)
183
On 6 April 2022, the European Commission (“Commission”) issued Guidance to Member States on how to screen foreign direct investment (“FDI”) from Russia and Belarus into the EU, in light of the ongoing military conflict in Ukraine (“FDI Guidance”). Following Russia’s unjustified attack (...)
682
On 1 March 2022 the EU Commission published, for consultation, its draft revised rules on horizontal cooperation agreements. The rules consist of two horizontal block exemption Regulations (covering Research & Development agreements and Specialisation agreements) and Guidelines on the (...)
356
In March the European Commission (“Commission”) published, for consultation, its draft revised Guidelines on the application of Article 101 TFEU to horizontal cooperation agreements (“draft revised Horizontal Guidelines”). The proposed revisions are important as they update and expand the (...)
282
The European Commission’s draft revision of the horizontal cooperation guidance published on March 1, 2022, for the first time includes a specific section on the assessment of consortia agreements. Up to now, there has been very limited guidance in case law and in the existing horizontal (...)
790
The European Commission (“Commission”) is currently reviewing its Guidelines on Vertical Restraints (“Vertical Guidelines”) within the broader context of the review of the Vertical Block Exemption Regulation (“VBER”) and consulted on its proposals last year. It has now launched a further (...)
587
On 20 January 2022 the European Commission (“Commission“) published its final report on the consumer Internet of Things (“IoT“) sector inquiry, largely confirming its preliminary findings issued in July 2021. These include concerns around high market entry barriers, the influence on the market (...)
230
The Illumina/GRAIL case saga continues. As we reported in our previous briefing, the Illumina / GRAIL deal provides the first illustrative example of the European Commission’s ("Commission") new approach to try and “catch” transactions using the referral mechanism in Article 22 EU Merger (...)
425
On 10 September 2021, the European Commission (“Commission”) published a competition policy brief in which it provides more detail on its policy approach in its upcoming sustainability guidance. Following a call for contributions last year and a conference bringing together relevant (...)
893
On 9 July 2021, following a comprehensive consultation process, the EU Commission (Commission) published its proposals for a revised Vertical Block Exemption Regulation (Draft VBER) and Draft Vertical Guidelines, due to replace the current regime which expires on 31 May 2022. The previous (...)
1632
On 22 June 2021 the European Commission (“Commission”) revealed that it had carried out surprise inspections at the German premises of a company active in the clothing sector, suspected of infringing competition rules. This was the first unannounced inspection, or “dawn raid”, conducted by (...)
346
On 5 May 2021, the European Commission (Commission) issued its proposal for a Regulation on foreign subsidies distorting the EU market. This follows on from the Commission’s White Paper issued in June 2020 and the extensive public consultation that ensued. The primary objective of this (...)
642
On 26 March 2021 the EU Commission (Commission) published revised guidance on the referral mechanism set out in Article 22 of the EU Merger Regulation (EUMR), under which the Commission will now accept referrals from Member States for deals that fall below the domestic jurisdictional (...)
725
On 25 March 2021, the Court of Justice of the EU (“CJEU”) dismissed the appeals by Lundbeck and five producers of generic medicines against the General Court’s (GC) judgments that upheld the Commission’s decision and the fines it had imposed in its first pay-for-delay infringement decision in (...)
751
On 4 March 2021 the EU Commission announced it has launched a formal investigation into possible anti-competitive conduct by pharmaceutical company Teva in relation to its blockbuster drug Copaxone, which is used in the treatment of multiple sclerosis. The patent for the active ingredient in (...)
248
“When the price of a drug suddenly goes up by several hundred percent, this is something the Commission may look at” Commissioner Vestager said when opening a formal investigation into Aspen’s alleged excessive pricing conduct in May 2017. On 10 February 2021, the EU Commission (Commission) (...)
589
On 4 February 2021, the European Commission’s long-awaited Conference on Competition Policy Contributing to the European Green Deal took place. The conference was opened by Commission Executive Vice President and Commissioner in charge of competition policy, Margrethe Vestager. The European (...)
329
On 27 January 2021, the Court of Justice of the EU (CJEU) dismissed in its entirety an appeal brought by the Goldman Sachs Group (Goldman Sachs) against a General Court ruling which confirmed Goldman Sachs’ joint and several liability in the 2014 power cables cartel (judgment here). The CJEU (...)
639
Today, the German parliament passed the “Digital Competition Act” which is the 10th amendment to the Act against Restraints of Competition (ARC). The amended law – which will very likely enter into force January 2021 – will bring about significant changes to the German competition law (...)
181
On 1 January 2021, with the end of the Brexit transition period, the UK entered the real world of Brexit. This has immediate implications for merger control both in the UK and the EU. Any companies involved in deals need to be aware of the impact. As of 1 January 2021 the EU Merger (...)
377
On 18 December 2020 the Commission published a further consultation on its proposals for a revised vertical agreements block exemption Regulation (VBER) and guidelines. The Commission’s steps to date, and conclusions of its evaluation phase, are set out in our HSF Notes post from 17 September (...)
469
On 15 December the European Commission announced far-reaching proposals for regulation of the digital sector in the form of a Digital Services Act (DSA) and a Digital Markets Act (DMA). In summary the DSA contains new rules including on illegal content and transparency. It applies to all (...)
231
The German FCO has not lost its appetite to take on major tech companies. Today, it has announced that it has initiated abuse proceedings against Facebook to examine the linkage between Oculus virtual reality products and Facebooks’ social network. The accusations against Facebook (...)
169
The CMA has today (2 December 2020) launched a market study into the electric vehicle charging sector in the UK. The study will consider two broad themes: how to develop a competitive sector while also attracting private investment to help the sector grow; how to ensure people using electric (...)
176
In July 2020, the UK’s Competition and Markets Authority (“CMA”) published its market study final report “Online platforms and digital advertising” (“Report”) (see the Report here). The Report includes significant recommendations on the future regulation of platforms funded by digital (...)
665
On 28 May 2020 the General Court handed down its ruling in CK Telecoms UK Investment Ltd v European Commission (Case T-399/16) in which it annulled the EU Commission’s decision which prohibited the proposed acquisition by CK Hutchison Holdings Ltd (Hutchison) of Telefónica Europe plc (O2). The (...)
501
On 8 April 2020 the Commission published a ‘Temporary framework for assessing antitrust issues related to business cooperation in response to situations of urgency stemming from the current COVID-19 outbreak’ (Temporary Framework). The Commission recognises the exceptional challenges faced by (...)
323
On 10 March 2020 the UK Court of Appeal handed down its hotly anticipated judgment in Flynn Pharma Limited & Anr vs Competition and Markets Authority. The UK Competition and Markets Authority (CMA) was seeking to reinstate record fines totalling £89.4m imposed on pharmaceutical companies (...)
444
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 30 January 2020 the European Court of Justice (“ECJ”) clarified for the first time the criteria governing whether so-called “pay-for-delay” agreements (...)
16
In July this year the CMA launched its digital markets strategy, which sets out how the CMA will continue to protect consumers in rapidly developing digital markets. A key element of this strategy was the launch of a market study into online platforms and digital advertising and the CMA has (...)
76
On 31 January 2020, at 11pm GMT, the UK ceased to be a Member State of the EU and the transition period provided for in Article 126 of the Withdrawal Agreement started to run. This briefing looks at the provisions in the Withdrawal Agreement that are relevant for merger control, both during (...)
25
On 16 October 2019, the EU Commission ("the Commission") adopted interim measures against Broadcom in connection with its ongoing investigation into the company for abuse of a dominant position. The investigation started in June 2019 when the Commission opened an antitrust investigation to (...)
25
On 9 September 2019, the German "Commission Competition Law 4.0" (Commission) submitted its report "A New Competition Framework for the Digital Economy" (English summary available here) to the Minister of Economic Affairs and Energy. The Commission was set up by the minister in September 2018 (...)
31
On 26 August 2019, the Düsseldorf Higher Regional Court (DHRC) granted a temporary injunction suspending the German Federal Cartel Office’s (FCO’s) landmark abuse of dominance decision against Facebook, pending final determination of the company’s appeal. In an important judgment with (...)
23
On 14 May 2019, the EU Commission ("the Commission") announced that it has opened a formal antitrust investigation into Insurance Ireland, an association of insurance companies active in Ireland ("Investigation"). The association administers a database (Insurance Link), to which its member (...)
122
On 10th May 2019 the CMA secured the disqualification of three former directors of companies involved in a bid rigging cartel in the design, construction and fit-out services sector. The three directors have given legally binding disqualification undertakings under which they will be banned (...)
19
On 4 April 2019 the European Commission ("EC") published an in-depth report on "Competition policy for the digital era" (the "Report"). Competition Commissioner Margrethe Vestager appointed a panel of three special advisers to prepare the Report (see EC press release here), which is intended (...)
20
The EU Commission introduces an online tool for the submission of evidence in cartel and non-cartel cooperation proceedings
172
In a preliminary ruling request made by the Finnish Supreme Court on the question of the relevant entities liable for damages, the Court of Justice of the EU (CJEU) held that principles applied in order to determine the relevant entities for liability for fines under Articles 101 and 102 TFEU (...)
120
On 11 February 2019 the Competition Appeal Tribunal (CAT) upheld the CMA’s first infringement decision for breach of an interim order imposed on a completed merger under investigation. Electro Rent had served a break notice on the lease of its UK premises without first seeking the CMA’s (...)
115
On 7 February 2019, after almost three years of investigation, Germany’s Federal Cartel Office ("FCO") issued its long awaited decision on Facebook’s data collection practices. The FCO found that Facebook has a dominant position on the German market for social networks, and abused this (...)
109
On 7 September 2018, the Competition Appeal Tribunal ("CAT") handed down its judgment in Ping upholding the Competition and Market Authority ("CMA")’s decision that Ping’s online sales ban ("OSB") constituted a restriction of competition by object under EU and UK competition law. The aim of (...)
81
The General Court’s ruling in Goldman Sachs’ appeal in the power cables cartel confirms that the bank was jointly and severally liable for the conduct of Prysmian, one of the cartelists, because of the nature of its investment in the company. The General Court confirmed that the Commission was (...)
101
For the first time since the EU Merger Regulation (EUMR) came into force the Court of Justice of the EU (CJEU) has provided guidance on the scope the standstill obligation (Article 7(1) EUMR) which prevents parties implementing their transaction before the EU Commission issues a clearance (...)
97
In its hotly anticipated ruling in the Coty case, the Court of Justice of the EU (CJEU) has held today that, in the context of a selective distribution system, a restriction imposed on an authorised retailer not to sell the goods through online third-party platforms does not infringe Article (...)
65
On 13 September 2017 the EU Commission unveiled a set of proposals for the screening of foreign direct investments into the EU. Whereas the Commission recognises the benefits of foreign direct investment and its importance for growth, jobs and innovation in the EU, it also wants to be in a (...)
69
On 18 May 2017, the European Commission imposed a record fine of €110 million on Facebook for providing incorrect/misleading information to the Commission during its review of Facebook’s acquisition of WhatsApp under the EU merger regulation (EUMR). On the same day, the Commission issued a (...)
77
On 18 May 2017, the European Commission imposed a record fine of €110 million on Facebook for providing incorrect/misleading information to the Commission during its review of Facebook’s acquisition of WhatsApp under the EU merger regulation (EUMR). On the same day, the Commission issued a (...)
196
On 10 May 2017 the EU Commission published its final report in the e-commerce sector inquiry launched in May 2015 as part of a wider Digital Market Strategy which aims to achieve better access for consumers and businesses to online goods and services across the EU. The aim of the sector (...)
88
On 9 April 2019, the European Commission published the full text of its decision to fine Crédit Agricole, HSBC and JPMorgan Chase for participating in a cartel in the euro interest rate derivatives ("EIRD") sector. While four of the seven participating banks settled the case with the (...)
112
In Intel’s appeal against the General Court’s judgement of June 2014 (which upheld the Commission’s decision that Intel abused its dominant position by virtue of operating exclusivity rebate schemes – see here for our e-bulletin on the judgment), Advocate General Wahl recommends that the Court (...)
65
Yesterday the Commission published the much anticipated preliminary report in its ecommerce sector inquiry. The report was initiated in response to rapid growth in online sales activity over recent years and signals renewed commitment on the part of the EU in enforcing the competition rules in (...)
118
On 8 September 2016 the General Court (GC) handed down its judgments in relation to the appeals brought by Lundbeck and a number of generic companies (Sun Pharma (Ranbaxy), Arrow, Generics UK, Merck and Xellia/Alpharma) against a European Commission (Commission) decision finding that the (...)
880
Introduction With merger control regimes in place in a very large number of jurisdictions around the world - all EU Member States but one and an increasing number of countries worldwide have merger control regimes - the topic of mergers and joint ventures encompasses numerous issues and (...)
379
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 6 October 2015, the European Court of Justice (the Court) issued its preliminary ruling in Post Danmark A/S v Konkurrencerådet (Competition (...)
477
Introduction and background On 4 November 2015, the UK Competition and Markets Authority ("CMA") accepted final undertakings from Reckitt Benckiser Group plc ("RB") and Johnson & Johnson ("J&J") in relation to RB’s proposed acquisition from J&J of the K-Y brand of personal (...)
167
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The supranational merger control regime of the Common Market for Eastern and Southern Africa ("COMESA") has been fully operational since 14 January 2013. The (...)
420
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In its ruling of 19 March 2015 (Case C-286/13P) relating to the banana cartel, the Court of Justice of the EU (CJEU) dismissed the appeal by banana importer (...)
167
Background to the Court of Appeal judgment Akzo Nobel N.V. ("Akzo") is a company incorporated in the Netherlands. Its subsidiary, Akzo Coatings International BV ("ANCI"), was seeking to exercise its option to acquire 51% (and as a result control) of the shareholding in Metlac Holding S.r.l. (...)
339
1. Introduction That the technology sector has never been under greater scrutiny from antitrust regulators is without question. The past two years alone have seen a number of major investigations by regulators around the world into, for example, the distribution of e-books, several aspects of (...)
788
1. Introduction On 12 December 2012 the EU General Court dismissed Electrabel’s appeal against the €20 million fine the European Commission had imposed on it for failing to notify a transaction - the acquisition of a minority shareholding - to the Commission under the EU Merger Regulation (...)
1567
1. Introduction The Court of Justice of the EU (ECJ) has dismissed AstraZeneca’s appeal against the Commission’s and General Court’s findings that the company abused its dominant position under Article 102 TFEU by misusing the patent system and pharmaceutical marketing procedures in order to (...)
443
In May 2012 Vue Entertainment International Limited ("Vue") acquired sole control of Apollo Cinemas Limited ("Apollo"). In its decision of 24 August 2012 published in October 2012, the Office of Fair Trading ("OFT") stated that the acquisition had resulted or may be expected to result in a (...)
475
In May 2012 the Office of Fair Trading (OFT) opened a merger investigation into the acquisition by Facebook Inc (Facebook) of Instagram Inc (Instagram). This was the first time a merger involving Facebook, the global colossus in the social networking industry, publicly came under the scrutiny (...)
189
The acquisition of Ryanair’s minority stake in Aer Lingus is currently under investigation by the Competition Commission (CC) under the merger control regime of the Enterprise Act 2002, despite a series of jurisdictional challenges and a potentially conflicting transaction (a renewed bid by (...)
444
The acquisition of Ryanair’s minority stake in Aer Lingus is currently under investigation by the Competition Commission (CC) under the merger control regime of the Enterprise Act 2002, despite a series of jurisdictional challenges and a potentially conflicting transaction (a renewed bid by (...)
276
On 1 May 2012 the Competition Commission (CC) published its decision on the anticipated joint venture between Anglo American PLC and Lafarge SA in the market for construction materials. The CC concluded that the proposed joint venture would give rise to a substantial lessening of competition (...)
469
On 1 May 2012 the Competition Commission (CC) published its decision on the anticipated joint venture between Anglo American PLC and Lafarge SA in the market for construction materials. The CC concluded that the proposed joint venture would give rise to a substantial lessening of competition (...)
630
Introduction On 10 October 2011, the UK Office of Fair Trading (the «OFT«) referred the anticipated 50/50 joint venture between in-flight catering services companies Alpha Flight Group Limited («Alpha«) and LSG Lufthansa Service Holding AG («LSG«) to the Competition Commission (the «CC«), (...)
969
1. Introduction In our foreword to e-Competition’s 2011 Mergers and Joint Ventures Special Issue we noted the ever-increasing number of national jurisdictions with merger control regimes, and the effect of multiple-filing requirements on businesses and practitioners involved in M&A (...)
340
Introduction On 10 October 2011, the UK Office of Fair Trading (the "OFT") referred the anticipated 50/50 joint venture between in-flight catering services companies Alpha Flight Group Limited ("Alpha") and LSG Lufthansa Service Holding AG ("LSG") to the Competition Commission (the "CC"), (...)
1148
All views expressed are strictly personal views of the author. The present case note does not constitute legal advice and should not be relied on as such. The author would like to thank Natalia Sivakumaran, associate at Herbert Smith LLP in London, for her assistance with the preparation of (...)
262
I. Introduction and background Ordnance Survey (OS) is an independent non-ministerial government department which produces a wide range of mapping products. Local Government Improvement and Development (LGID) is the business name of the Improvement and Development Agency for Local Government (...)
563
Introduction and background Ratcliff Palfinger (Ratcliff) manufactures and supplies tail lifts for commercial vehicles, passenger vehicles and trains. Ross & Bonnyman (R&B) manufactures and supplies tail lifts for commercial vehicles, ambulances and mezzanine and yard lifts. Both (...)
638
Introduction and background Assa Abloy AB (AA) is an international manufacturer and supplier of locks and associated products, sold under a number of brands in the UK, with Yale being its most well-known. Paddock Holdings Limited (Paddock) is a UK-based manufacturer and supplier of (...)
814
Introduction and background This was a transaction involving two companies (Rex Features Limited - “Rex” - and Getty Images, Inc - “Getty”) with overlapping activities in the licensing of stock and editorial images to media companies (in particular celebrity and entertainment images). The (...)
1705
Introduction and background to the CAT judgment The merger of Stagecoach Group Plc (“Stagecoach”) and Preston Bus Limited (“PBL”) was referred to the UK Competition Commission (the “CC”) by the UK Office of Fair Trading on 28 May 2009. According to section 36 of the Enterprise Act 2002 (...)
1812
Following a reference of the case to it from the OFT, on 22 December 2009, the UK Competition Commission ("CC") announced that it had decided to clear unconditionally the proposed merger of Ticketmaster Entertainment Inc. ("Ticketmaster"), a ticketing agent, and Live Nation Inc. ("Live (...)
2363
On 28 August 2009, the UK’s Office of Fair Trading ("OFT") announced that it had unconditionally cleared the acquisition of assets by Smiths News from Surridge Dawson (the "Transaction"). Both parties were active in the supply of wholesale newspaper and magazine distribution in the UK. The (...)
1384
On 11 June 2009, the Office of Fair Trading ("OFT") announced that it had decided to refer the proposed merger of Ticketmaster Entertainment Inc ("Ticketmaster") and Live Nation Inc ("Live Nation") to the Competition Commission ("CC") for an in-depth investigation. Despite the fact that there (...)
4013
On 28 April 2009, the Office of Fair Trading (“OFT”) announced that it had decided to clear the acquisition of 15 stores belonging to the Zavvi entertainment retail chain by HMV plc (“HMV”) on the basis that the Zavvi stores were a “failing firm”. The so-called failing firm defence can (...)
1497
On 29 January 2009, the Office of Fair Trading (the "OFT") announced that it had cleared the acquisition of Lochard Ltd by Spectris plc on the basis of the de minimis exception. This is only the seventh case in which the OFT has used the de minimis exception as grounds for a decision not (...)
3748
On 8 August 2008, the Office of Fair Trading (“OFT”) announced that it had cleared the London aspects of the acquisition by Global Radio UK Limited (“Global”) of GCap Media plc (“GCap”) on the basis that the acquisition was expected to generate significant efficiencies that will benefit (...)
3103
On 1 May 2008 the OFT cleared the completed acquisition by General Healthcare Group (GHG) of seven hospitals from Nuffield Hospitals, following the on-sale of two of the nine hospitals GHG had originally acquired. The on-sale arrangements removed the problematic overlap in two of the local (...)
4638
On 4 February 2008, the Office of Fair Trading ("OFT") announced that it had suspended its duty to refer Dunfermline Press Limited‘s ("DPL ") acquisition of the Berkshire Regional Newspapers ("BRN") portfolio of 8 local newspaper titles from Trinity Mirror plc to the Competition Commission (...)
3389
On 18 January 2008, the UK’s Office of Fair Trading (“OFT”) announced that it had cleared unconditionally the purchase of GB Airways Limited (“GB Airways”) by easyJet Airline Company Limited (“easyJet”). The OFT focused on relatively narrowly defined markets, considering scheduled flights (...)
270
"Judicial review and merger control: The CFI’s expedited procedure"* 1. Introduction The recent introduction by the Court of First Instance (CFI) of an expedited (’fast-track’) procedure for certain cases, including in particular merger cases, has been greeted positively by the business (...)
2954 Review
236
Competition law enforcement in the pharmaceutical sector has been vigorous in recent years with regulators focusing on a variety of issues including denigration strategies, lifecycle management patent strategies, pricing rebates, and excessive pricing. This article aims to examine the case law (...)
902
This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. This article updates the article published by the authors in 2012 on the treatment of Chinese SOEs involved in acquisitions of European companies under the EU (...)
447
The present article provides readers with a fair view of the existing trends based on cases reported in e-Competitions and alternative sources gathered by the author. Readers are welcome to bring to the attention of the editors any other relevant cases I. Introduction 1. That the (...)
1369
In 2011, the European Commission cleared five concentrations involving Chinese State-owned companies under the EU Merger Regulation using rules that were primarily designed to apply to European State-owned companies and entities. The sensitivity of the issue of Chinese takeovers of European (...)
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