Bulletin
Latest News issue: May 2023 - II

Foreword Turkish Antitrust: An overview of national case law New

This Special Issue aims to provide detailed insight into the contemporary approaches adopted by the Turkish Competition Board (“Board”), the decisional body of the Turkish Competition Authority (“Authority”) regarding anticompetitive agreements, unilateral conduct and mergers. The approaches adopted by the Board in its recent precedent are heavily influenced by global trends such as the close scrutiny over digital players as well as increasing attention towards competition law issues concerning labour markets. The substantive analysis regarding the anticompetitive agreements, unilateral conduct, and mergers has been shaped by Law No. 4054 on the Protection of Competition (“Law No. 4054”) as well as the secondary legislation. Further to Law No. 4054, there are several mechanisms for the Authority to focus on and to streamline certain of its processes, such as the use of the de minimis principle in its cases, “significant impediment of effective competition” (“SIEC”) test for merger control, behavioural and structural remedies for anti-competitive conducts, and procedural tools including leniency, commitment and settlement mechanisms. The articles within this Special Issue aim to reveal and explain the evolving efforts of the Board in establishing its case law in light of the amendments to the main and secondary legislation by way of also following global trends, as well as taking advantage of the well-established practices under the EU competition law regime in recent years, on various fronts.

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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 162 contributions 75103 visits
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 24 contributions 4567 visits

General antitrust

 The German Competition Authority publishes the final report on its sector inquiry into non-search online advertising which confirms the significant market position of a Big Tech company (Alphabet / Google) New
German Competition Authority (Bonn)
Germany 434 contributions 110096 visits
Inquiry into non-search online advertising: significant market position of Alphabet/Google, insufficient transparency in programmatic advertising* Bonn, 31 May 2023: Today the Bundeskartellamt has published the final report on its sector inquiry into non-search online advertising. Andreas (...)

The Canadian Competition Authority provides recommendations to improve competition in the cannabis industry New
Canadian Competition Bureau (Gatineau)
Canada 64 contributions 9111 visits
Competition Bureau provides recommendations to improve competition in the cannabis industry* The Competition Bureau presents its submission to Health Canada and the Expert Panel in response to their legislative review of the Cannabis Act. The Bureau believes that stronger competition in the (...)

The South African Government gazettes the energy user and energy supplier block exemptions to allow for collaboration between energy users in response to electricity supply constraints New
Herbert Smith Freehills (Johannesburg)
South Africa 2 contributions 1143 visits
The Minister of Trade, Industry and Competition (MTIC) on Wednesday 24 May 2023 published the Energy Users Block Exemption and Energy Supplier Block Exemption. The Department of Trade, Industry and Competition (DTIC) is entitled to make regulations that are required to give effect to the (...)

The German Competition Authority publishes the final report on its sector inquiry into messenger and video services Free
German Competition Authority (Bonn)
Germany 434 contributions 110096 visits
Messenger and video services: Bundeskartellamt on data protection, transparency and interoperability* Today the Bundeskartellamt has published the final report on its sector inquiry into messenger and video services. Andreas Mundt, President of the Bundeskartellamt: “Messenger and video (...)

The European Court of Human Rights holds that the transmission of data lawfully obtained by the Dutch Public Prosecution Service to Dutch Competition Authority does not violate right to privacy and right to an effective remedy (Burando / Port Invest) New
European Court of Human Rights (Strasbourg)
France 4 contributions 5307 visits
Burando Holding B.V. and Port Invest v. the Netherlands (applications nos. 3124/16 and 3205/16) The applicant companies, Burando Holding B.V. and Port Invest B.V., are two Dutch companies involved in the collection of waste liquids from ships in the Rotterdam region. At the time of the events, (...)

The European Court of Human Rights holds that transmission of data lawfully obtained by the Dutch Public Prosecution Service to the Dutch Competition Authority does not violate the right to privacy and the right to an effective remedy (Janssen de Jong) New
European Court of Human Rights (Strasbourg)
France 4 contributions 5307 visits
Janssen de Jong Groep B.V. and Others v. the Netherlands (no. 2800/16) The applicant companies, Janssen de Jong Groep B.V., Janssen de Jong Infra B.V. and Janssen de Jong Infrastructuur Nederland B.V., are three Netherlands-based companies. Janssen de Jong Groep B.V. is the sole shareholder of (...)

The European Court of Human Rights holds that the transmission of data lawfully obtained by the Dutch Public Prosecution Service to the Dutch Competition Authority does not violate the right to privacy and the right to an effective remedy (Ships Waste Oil Collector) New
European Court of Human Rights (Strasbourg)
France 4 contributions 5307 visits
Ships Waste Oil Collector B.V. v. the Netherlands (no. 2799/16) The applicant company, Ships Waste Oil Collector B.V., is a company based in the Netherlands involved in the collection of waste liquids from ships in the Rotterdam region. The case concerns the transmission of data, lawfully (...)

The EFTA Surveillance Authority holds that Iceland is in breach of EEA law for restricting market access for foreign bus operators
EFTA Surveillance Authority (Brussels)
Belgium 133 contributions 26794 visits
Iceland in breach of EEA law for restricting market access for foreign bus operators* The EFTA Surveillance Authority (ESA) has today sent a reasoned opinion to Iceland for failure to comply with EEA rules on provision of coach and bus cabotage operations. The relevant EEA rules provide a (...)

The Irish Competition Authority partners with the Research Council to fund research into the electric vehicle charging market aimed at identifying competition risks and harms to consumers
Irish Competition Authority (Dublin)
Ireland 92 contributions 14735 visits
CCPC partners with Irish Research Council to fund research into electric vehicle charging market* The Competition and Consumer Protection Commission (CCPC) is partnering with the Irish Research Council’s (IRC) New Foundations Scheme 2023. The scheme provides grants to pursue research, (...)

The Austrian Competition Authority requests information from 13 online food retailers as part of its sector inquiry into the food industry
Austrian Competition Authority (Vienna)
Austria 55 contributions 6059 visits
Update on sector inquiry into food industry: AFCA now surveying online food retailers* As part of its sector inquiry into the food industry, the AFCA sent out requests for information to 13 online food retailers, requesting replies by 26 May 2023. The Austrian Federal Competition Authority (...)

The Turkish Competition Authority publishes Reflections of Digital Transformation on Competition Law Study
Turkish Competition Authority (Ankara)
Turkey 25 contributions 2758 visits
The Study titled “Reflections of Digital Transformation on Competition Law" Published* The increase in the use of the internet and the speed of technological developments have deeply affected business models and working principles of undertakings all over the world. This transformation has also (...)

The Brazilian Competition Authority publishes the Telecommunications Market Study Report
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12905 visits
CADE releases study on telecom markets* On 10 April, the Administrative Council for Economic Defense (CADE) released the 18th edition of its series of studies named Cadernos do Cade covering telecommunication markets. The publication aims to analyse the competitive aspects of the sector in (...)

The Turkish Competition Authority releases the final report of the FMCG retail sector inquiry
Turkish Competition Authority (Ankara)
Turkey 25 contributions 2758 visits
Türkiye FMCG Retail Sector Inquiry Final Report Published* Fast Moving Consumer Goods (FMCG) retail sector is one of the important areas that are under the microscope of the Competition Authority due to its structure and key role in the economy. The Authority regularly monitors the sector (...)

The Spanish Court of Valencia applies the EU Court of Justice’s ruling on judicial damages estimation in a trucks cartel case (Tráficos Manuel Ferrer / Daimler)
Allegro Consulting (Brussels)
Belgium 3 contributions 734 visits
Shortly after the publication of the Tráficos Manuel Ferrer judgment by the Court of Justice of the European Union (CJEU) in response to a request for a preliminary ruling (16 February 2023), the judge from the Valencia court who had referred the questions to the CJEU delivered his judgment in (...)

The Italian Competition Authority launches a whistleblowing platform for reporting antitrust violations New
Portolano Cavallo (Milan)
Italy 4 contributions 392 visits
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Portolano Cavallo (Milan)
Italy 32 contributions 6032 visits
On February 27, 2023, the Italian Competition Authority announced to have launched its own whistleblowing platform for reporting antitrust violations (eg, secret agreements on product prices, market sharing, competitor boycotts, etc.,). Using the platform, whistleblowers can report potential (...)

Anticompetitive practices

 The Spanish Competition Authority investigates possible anti-competitive practices in the market for professional hairdressing products New
Spanish Competition Authority (CNMC) (Madrid)
Spain 127 contributions 28001 visits
The CNMC investigates possible anti-competitive practices in the sector of professional hairdressing products* The alleged practices consist of imposing resale prices and other commercial conditions on the distributors in the sector. From 23 to 25 May, the CNMC carried out dawn raids at the (...)

The Croatian Competition Authority opens an infringement proceeding against a professional association of architects (Croatian Chamber of Architects) New
Croatian Competition Agency (Zagreb)
Croatia 116 contributions 18380 visits
CCA opens infringement proceeding against Croatian Chamber of Architects* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and competing on (...)

The UK Competition Authority provisionally finds that 5 banks broke competition law by exchanging information on their trading strategies on UK bonds (Citi / Deutsche Bank / HSBC / Morgan Stanley / Royal Bank of Canada) New
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90540 visits
CMA provisionally finds 5 banks broke competition law on UK bonds* The CMA has provisionally found these banks unlawfully exchanged sensitive information regarding UK government bonds in one-to-one online chats. The Competition and Markets Authority (CMA) has provisionally found that 5 major (...)

The Portuguese Competition Authority issues a Statement of Objections against a health food supplier for resale price fixing (Dietmed) New
Portuguese Competition Authority (Lisbon)
Portugal 111 contributions 27410 visits
AdC investigates resale price fixing of food supplements and health food products* The investigation The Competition Authority (AdC) is investigating an anti-competitive practice carried out by a health food supplier, by preventing its distributors from freely setting retail prices. The (...)

The EFTA Surveillance Authority initiates an investigation into exclusivity arrangements by the leading retailer of electronics in the Nordic region (Dixon / Elkjøp) New
EFTA Surveillance Authority (Brussels)
Belgium 133 contributions 26794 visits
ESA initiates investigation into possible anticompetitive conduct by Elkjøp in electronic goods* The EFTA Surveillance Authority (ESA) has initiated formal antitrust proceedings against Dixon Stores Group Retail Norway AS, Elkjøp Nordic AS and Elkjøp Norge AS (jointly referred to as Elkjøp) to (...)

The Hong Kong Competition Authority commences further proceedings in the Competition Tribunal against two undertakings and one individual over an alleged cartel in the supply of air-conditioning works (ATAL Building / Johnson Controls / Mr Lee) New
Hong Kong Competition Commission (Hong Kong)
Hong Kong 46 contributions 9978 visits
Competition Commission commences second set of proceedings concerning air-conditioning works in Competition Tribunal* As foreshadowed in the filing of a set of legal proceedings on 16 June 2022 in relation to suspected cartel conduct in the supply of air-conditioning works in Hong Kong (‘First (...)

The Romanian Competition Authority fines 3 butter producers €2.9M for obstructing a dawn raid which was carried out during the course of an investigation into price fixing (Albalact / Covalact / Dorna Lactate) New
Romanian Competition Council (Bucharest)
Romania 137 contributions 24517 visits
COMPETITION COUNCIL FINED ALBALACT, COVALACT AND DORNA LACTATE WITH 2.9 MILLION EUROS* The Competition Council sanctioned Albalact, Covalact and Dorna Lactate, part of the French group Lactalis, with fines amounting 14.335.002,70 lei (approx. 2.9 million euros) for refusing to provide access (...)

The US FTC approves final order requiring a glass manufacturer to drop noncompete restrictions that it imposed on workers (Anchor Glass Container) New
US Federal Trade Commission (FTC) (Washington)
United States 155 contributions 37845 visits
FTC Approves Final Order Requiring Anchor Glass Container Corp. to Drop Noncompete Restrictions That It Imposed on Workers* Following a public comment period, the Federal Trade Commission finalized a consent order settling charges that Anchor Glass Container Corp. illegally imposed noncompete (...)

The US District Court for the District of Connecticut acquits six executives of aerospace engineering companies in a no-poach antitrust criminal prosecution (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus) New
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 16 contributions 2493 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 5 contributions 1501 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 1 contribution 26 visits
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In the latest setback in the Department Justice Antitrust Division’s (DOJ) attempts to prosecute “no-poach” agreements criminally, a federal judge acquitted from the bench all six defendant employees of aerospace engineering companies alleged to have allocated a labor market by agreeing not to (...)

The UK Competition Appeal Tribunal delivers a landmark ruling to confirm the applicability of compound interest in the calculation of damages, following a private claim against a truck cartel (Royal Mail / DAF Trucks) New
Blackstone Chambers (London)
United Kingdom 23 contributions 5720 visits
The Competition Appeal Tribunal’s recent decision in the trucks cartel claim raises some serious questions about expert economic evidence. In this post I want to flesh out some of the challenges and then float some suggestions for improvements. The context Many readers will know the basic (...)

The UK Competition Appeal Tribunal endorses the award of compound interest in a damages claim against the truck cartel and confirms the applicability of compound as opposed to simple interest, to reflect the “real world” and the economic and commercial reality of businesses (Royal Mail / DAF Trucks) New
Hausfeld (London)
United Kingdom 3 contributions 462 visits
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Hausfeld (London)
United Kingdom 2 contributions 93 visits
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Hausfeld (London)
United States 3 contributions 653 visits
How much is £1 from 1997 worth now? Such a question may appear very simple at the outset. However, ask it twice and you will probably obtain two different answers. Applied in the context of a damages claim in a lawsuit, a number of parameters need to be considered to properly address this (...)

The German Federal Court of Justice rejects the argument that a customer of a cartel member may have been contributorily negligent if one of their employees was aware of the anticompetitive agreements (Rail Cartel) New
Hogan Lovells (Munich)
Germany 51 contributions 23882 visits
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Hogan Lovells (Munich)
Germany 26 contributions 3700 visits
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Hogan Lovells (Munich)
Germany 21 contributions 894 visits
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Brief summary of facts A regional railroad operator brought an action for damages against the defendant, a producer of railway track materials, on the basis of its participation in the rail cartel (Schienenfreunde-Kartell -"Friends of railroads"-cartel), which was established by the Germany (...)

The US District Court for the District of Massachusetts sides with the DOJ to halt an alliance in the airline industry (American Airlines / JetBlue) New Free
US Department of Justice (Washington)
United States 163 contributions 68423 visits
Justice Department Statements on District Court Ruling Enjoining American Airlines and JetBlue’s Northeast Alliance* Attorney General Merrick B. Garland and Assistant Attorney General Jonathan Kanter for the Justice Department’s Antitrust Division issued the following statements today regarding (...)

The US DOJ files a proposed amended complaint and consent decree with a fourth poultry producer to address the long-running conspiracy to suppress workers’ wages (George’s Food) New
US Department of Justice (Washington)
United States 163 contributions 68423 visits
Justice Department Files Proposed Amended Complaint and Consent Decree with Fourth Poultry Processor, Further Addressing Long-Running Conspiracy to Suppress Workers’ Compensation* Decree Prohibits the Exchange of Compensation Information, Requires Processor to Pay Restitution, and Subjects (...)

The French Competition Authority carries out unannounced inspections in the passenger rail transport, distribution of travel agency services and products, and digital mobility systems sectors following alleged anticompetitive practices
French Competition Authority (Paris)
France 727 contributions 380082 visits
The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections were carried out in the passenger rail transport, travel agency services and products distribution, and digital mobility systems sectors* Following authorisation from a liberty and custody judge, the (...)

The Dutch Competition Authority fines three egg-product companies for illegal price fixing agreements with regard to the purchase of eggs from farmers (Interovo / Wulro / Global)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33247 visits
Three egg-product companies fined for illegal price-fixing agreements* The Netherlands Authority for Consumers and Markets (ACM) has imposed fines on three companies that purchase eggs (Interovo, Wulro and Global) for concluding illegal price-fixing agreements with regard to the purchase of (...)

The Brazilian Competition Authority initiates a preliminary investigation into abuse of dominance against two Big Tech companies in a case involving the ‘Fake News’ Bill (Google / Meta)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12905 visits
CADE launches enquiry into abuse of dominant position by Google and Meta in case involving ‘Fake News’ Bill* On 2 May, the Office of the Superintendent-General of the Administrative Council for Economic Defense (CADE) launched a preliminary enquiry into alleged abuse of their dominant position (...)

The Brazilian Competition Authority reaches a settlement with a heart diseases diagnosis and treatment device manufacturer due to its involvement in a cartel in the high technology medical devices market (Biotronik)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12905 visits
CADE signs agreement in cartel investigation related to procurement of orthotics and prosthetics* On 26 April, the Administrative Council for Economic Defense (CADE) signed a Cease and Desist Agreement with company Biotronik Comercial Médica in a proceeding related to a cartel in procurement (...)

The US District Court for the District of Connecticut acquits six aerospace executives in a no-poach antitrust criminal prosecution (Mahesh Patel / Robert Harvey / Harpreet Wasan / Steven Houghtaling / Tom Edwards / Gary Prus)
Clifford Chance (Washington)
United States 1 contribution 145 visits
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Clifford Chance (Washington)
United States 1 contribution 145 visits
US Department of Justice Faces Additional Setback in Criminal Antitrust Labour-Market Prosecutions* A recent acquittal in a criminal antitrust case marks another setback to the US Department of Justice’s effort to use criminal prosecutions to address alleged anticompetitive conduct in labour (...)

The Brazilian Competition Authority fines eighteen companies and twenty individuals for engaging in anticompetitive practices in projector and interactive whiteboard procurements
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12905 visits
CADE fines cartel in market of projectors and interactive whiteboards BRL 7.9 million* On 12 April, the Tribunal of the Administrative Council for Economic Defense (CADE) convicted 18 companies and 20 individuals for alleged cartel in public and private procurements for projectors and (...)

The Brazilian Competition Authority enters into a leniency agreement to examine an alleged cartel in printing machine and laminator procurements (Task Sistemas de Computação)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12905 visits
Office of the Superintendent-General of CADE signs the 108th leniency agreement and launches administrative proceeding* On 23 February, the Office of the Superintendent-General of the Administrative Council for Economic Defense (CADE) signed a leniency agreement with the company Task Sistemas (...)

The EU Court of Justice confirms that the findings of national competition authorities have a binding effect on follow-on actions for damages and declarations of nullity (Repsol)
Van Bael & Bellis (Brussels)
Belgium 8 contributions 1639 visits
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Van Bael & Bellis (Brussels)
Belgium 32 contributions 6786 visits
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Van Bael & Bellis (Brussels)
Belgium 7 contributions 615 visits
On 20 April 2023, the Court of Justice of the European Union (“ECJ”) handed down a preliminary ruling concerning the effect of national competition authorities’ (“NCAs”) final infringement decisions on follow-on actions for damages and for declarations of nullity, where the actions in question fall (...)

The Brazilian Competition Authority enters into a leniency agreement to examine an alleged cartel in graphic printing services procurements
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12905 visits
Office of the Superintendent General of CADE signs the 109th leniency agreement and launches administrative proceeding* On 28 February, the Office of the Superintendent General of CADE signed another leniency agreement within the Brazilian Competition Defence System, reaching 109 signed (...)

The Czech Competition Authority fines two undertakings for price fixing in the market for the distribution of electronic devices and accessories (Beryko / Witty)
Czech Competition Authority (Brno)
Czech Republic 40 contributions 5530 visits
THE OFFICE PUNISHES A CARTEL OF XIAOMI ELECTRONICS DISTRIBUTORS DETECTED THANKS TO THE LENIENCY PROGRAM* In its first-instance decision, the Office for the Protection of Competition (hereinafter referred to as “the Office”) imposed a fine of CZK 24,467,000 on Beryko s.r.o. for participating in (...)

The Brazilian Competition Authority reveals that a manufacturer of ethanol, sugar, and distilled beverages and its CEO are encouraging cartelization in the ethanol market (Miriri Alimentos)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12905 visits
CADE’s investigative arm recommends convicting possible invitations to cartelization in the ethanol market* In an order signed on 24 March, the Office of the Superintendent General of CADE recommended convicting the company Miriri Alimentos e Bioenergia and its chief executive officer for (...)

The Belgian Competition Authority adopts a new decision to fine a skincare company for imposing minimum prices and active and passive sales restrictions (Caudalie)
CMS Belgium (Brussels)
United States 3 contributions 1202 visits
In 2021, the Belgian Competition Authority imposed a fine of EUR 859,310 on several companies in the French Caudalie group for breaching competition law by imposing minimum prices and restricting active and passive sales in the framework of its selective distribution network. On 1 December (...)

The Italian Competition Authority carries out inspections at the premises of major oil corporations in relation to anticompetitive infringements over fuel prices (Eni / Esso / IP / Kuwait Petroleum Italia / Tamoil) New
Italian Competition Authority (Rome)
Italy 64 contributions 16232 visits
Italian Competition Authority: fuel prices - investigations have been initiated and inspections carried out against Eni, Esso, IP, Kuwait Petroleum Italia and Tamoil* The identified irregularities concern charging different prices at fuel stations compared to advertised prices as well as (...)

The US FTC proposes a ban on noncompete clauses in employment contracts which may have far-reaching implications for executive compensations New
Morgan Lewis (New York)
United States 1 contribution 37 visits
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Morgan Lewis (Washington)
United States 1 contribution 37 visits
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Morgan Lewis (Philadelphia)
United States 1 contribution 37 visits
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The Federal Trade Commission (FTC) announced a notice of proposed rulemaking on January 5, 2023, that would ban employers from entering into or maintaining noncompete clauses with their workers. The proposal was issued in response to President Joseph Biden’s July 9, 2021 executive order and (...)

The Turkish Competition Authority adopts the settlement procedure to conclude its investigation of companies in the small household appliances and kitchen tools sectors (Korkmaz / Gençler / Punto) New
ACTECON (Istanbul)
Turkey 22 contributions 3407 visits
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ACTECON (Istanbul)
Turkey 17 contributions 2495 visits
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ACTECON (Istanbul)
Turkey 6 contributions 346 visits
INTRODUCTION The Turkish Competition Authority (“TCA”) initiated a full-fledged investigation (“Investigation”) against Korkmaz Mutfak Eşyaları San. ve Tic. A.Ş. (“Korkmaz”), Gençler Ev Araç ve Gereçleri Pazarlama Tic. A.Ş. (“Gençler”) and Punto Dayanıklı Tüketim Malları İth. İhr. Tic. Ltd. Şti. (“Punto"). (...)

Unilateral Practices

 The German Competition Authority examines the potential anti-competitive impediment of options for co-using radio masts in the telecommunications sector (1&1 / Vodafone / Vantage Towers) New
German Competition Authority (Bonn)
Germany 434 contributions 110096 visits
Bundeskartellamt examines potential anti-competitive impediment of 1&1 by Vodafone and Vantage Towers* Bonn, 2 June 2023: Following a complaint filed by 1&1 Mobilfunk GmbH, Düsseldorf, the Bundeskartellamt is examining whether Vodafone GmbH, Düsseldorf or its affiliated company Vantage (...)

The Italian Competition Authority launches investigation against the national football federation for an alleged abuse of a dominant position in the organisation of recreational-amateur competitions in the youth sector (FIGC) New
Italian Competition Authority (Rome)
Italy 64 contributions 16232 visits
A562 - Italian Competition Authority: investigation launched against the Italian Football Federation (Federazione Italiana Giuoco Calcio, FIGC) for an alleged abuse of a dominant position* According to the Authority, the Italian Football Federation tried to restrict the organisation of (...)

The Belgian Competition Authority seeks a ’hold separate’ measure to delay the full integration of a merger between two telecoms, one of which is failing, until after the authority completes its abuse of dominance investigation (Edpnet / Proximus) New
Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50292 visits
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Van Bael & Bellis (Brussels)
Belgium 47 contributions 23610 visits
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Van Bael & Bellis (Brussels)
France 38 contributions 20666 visits
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Last month, the Belgian Competition Authority ( BCA ) decided to open abuse of dominance proceedings against telecommunications operator Proximus on account of that party’s acquisition of struggling Edpnet (see, Life Sciences News and Insights, 23 March 2023). On 20 April 2023, the BCA’s chief (...)

The Italian Competition Authority closes an abuse of dominance investigation against a leading train operating company with a commitment decision (Trenitalia Spa) New
Municipality of Cagliari
159 contributions 131126 visits
In the High Speed and Regional Rail Transport case the Italian Competition Authority (ICA) opened an Article 102 TFEU enquiry into a non-price abusive practice in the market for rail passenger services the leading train operating company and former monopolist was alleged to have perpetrated. (...)

The Canadian Competition Authority obtains a court order to advance an investigation into the alleged abuse of dominance by a provider of technology solutions and support services (Dominion Lending Centres) New
Canadian Competition Bureau (Gatineau)
Canada 64 contributions 9111 visits
Competition Bureau obtains court order to advance an investigation of Dominion Lending Centres* News release The Competition Bureau has obtained a court order to advance a civil investigation into alleged anti-competitive conduct by Dominion Lending Centres Inc. (DLC). The Bureau requires (...)

The Japanese Competition Authority issues a warning to a petroleum products retailer for selling at an excessively low price (SAN-AI Retail Service)
Japan Fair Trade Commission (Tokyo)
Japan 129 contributions 23007 visits
The JFTC Issued a Warning and Cautions to Petroleum Products Retailers that Operate Gas Stations in Tsuchiura City, Ibaraki Prefecture.* The Japan Fair Trade Commission (JFTC) today issued a warning to SANAI Retail Service Co., Ltd. (SAN-AI Retail Service) that operates a gas station in (...)

The Croatian Competition Authority terminates unfair pricing proceedings against the national postal service due to lack of evidence (Hrvatska Pošta)
Croatian Competition Agency (Zagreb)
Croatia 116 contributions 18380 visits
CCA terminates proceeding against Croatian Post due to lack of evidence of unfair pricing* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules (...)

The Hellenic Competition Authority holds that a company active in bauxite production and supply market abused its dominant position through disrupting bauxite supply (Mytilineos / Imerys Voxites / Imerys Greece)
Hellenic Competition Commission (Athens)
Greece 115 contributions 15807 visits
Decision on the complaint lodged by MYTILINEOS against the companies IMERYS BAUXITE GREECE and IMERYS INDUSTRIAL MINERALS GREECE* Subject: Decision on the complaint lodged by MYTILINEOS S.A. - GROUP OF COMPANIES against the companies IMERYS BAUXITE GREECE SINGLE MEMBER S.A. and IMERYS (...)

The Estonian Competition Authority rejects a budget airline’s complaint against a large international airport over an alleged antitrust violation in the increase in airport fees (Ryanair / Tallinn Airport)
Estonian Competition Authority (Tallinn)
Estonia 11 contributions 1354 visits
The Competition Authority rejected Ryanair’s complaint* Based on the Competition Authority’s price analysis, it was concluded that the fees charged by Tallinn Airport are reasonable and justified. Tallinn Airport announced an increase in fees in the summer of 2022. Pursuant to the Aviation Act, (...)

The Italian Competition Authority imposes interim measures against a Big Tech company in the ongoing investigation concerning an alleged abuse of economic dependence in digital markets (SIAE / Meta)
Van Bael & Bellis (Brussels)
Belgium 22 contributions 4245 visits
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Van Bael & Bellis (Brussels)
Belgium 46 contributions 11375 visits
On 20 April 2023, the Italian Competition Authority (“ICA”) imposed interim measures on Meta and ordered Meta to negotiate in good faith with the Italian Society of Authors and Publishers (“SIAE”), alleging that SIAE was economically dependent on Meta and that Meta, by terminating negotiations for (...)

The EU Court of Justice confirms that the EU Commission can exclude a Member State from the territorial scope of a formal antitrust investigation without violating the principle of protection against parallel antitrust proceedings (Amazon)
Van Bael & Bellis (Brussels)
Belgium 32 contributions 6786 visits
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Van Bael & Bellis (Brussels)
Belgium 46 contributions 11375 visits
On 20 April 2023, the European Court of Justice (“ECJ”) handed down a judgment which confirmed that the European Commission (“Commission”) can carve out the market of a Member State from the scope of an investigation and allow the Member State authority to investigate the same conduct for its own (...)

The Italian Council of State seeks clarification from the EU Court of Justice in the context of refusal to deal in digital markets (Google / Enel X)
Municipality of Cagliari
159 contributions 131126 visits
On the appeal proceedings against the infringement decision made by the Italian Competition Authority (ICA) in Google/Enel X, the highest Italian administrative court, the Council of State (CdS), referred the matter to the Court of Justice of the EU (CJEU). What the CdS sought from the CJEU in (...)

The EU Court of Justice issues a decision on the imputation of liability and treatment of exclusivity under the EU prohibition on abuse of dominance (Unilever Italia) New
Clifford Chance (Brussels)
Belgium 1 contribution 35 visits
In its January 2023 Unilever Italia judgment, the European Court of Justice ("ECJ") ruled on two important practical aspects of the application of the EU prohibition on abuse of dominance under Article 102 TFEU. Background In December 2020, the Italian Consiglio di Stato made a request for a (...)

Mergers

 The New Zealand Competition Authority grants clearance for an acquisition in the markets for the wholesale supply of laundry detergents, laundry pre-wash aids and toilet cleaners (Henkel / Earthwise) New
New Zealand Commerce Commission (Wellington)
New Zealand 149 contributions 21493 visits
Commission grants clearance for Henkel to acquire Earthwise brands* The Commerce Commission has granted clearance for Henkel New Zealand Limited to acquire the Earthwise brand and business from Earthwise Group Limited, comprising the intellectual property in the Earthwise name, logo, bottle (...)

The Australian Competition Authority opens a public consultation over a proposed acquisition of a hotel by a company operating pubs and liquor stores (Rye Hotel / Endeavour) New
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78139 visits
Consultation opens on Endeavour’s proposed acquisition of Rye Hotel on the Mornington Peninsula* The ACCC is seeking views from consumers and businesses on the Mornington Peninsula, about Endeavour Group Limited’s proposed acquisition of the Rye Hotel in Rye, Victoria. Endeavour Group owns a (...)

The Canadian Competition Authority enters into a consent agreement with a portable heating fuel supplier to address competition concerns regarding its acquisition of a rival (Superior / Certarus) New
Canadian Competition Bureau (Gatineau)
Canada 64 contributions 9111 visits
Competition Bureau reaches agreement with Superior to preserve competition in Canada’s portable heating fuels market* News release The Competition Bureau has entered into a consent agreement with Superior Plus Corp. to address competition concerns with its acquisition of Certarus Ltd. A (...)

The Australian Competition Authority intends to block the acquisition of an independent supermarket by a large competing chain (Woolworths / SUPA IGA Karabar) New
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78139 visits
ACCC opposes Woolworths’ acquisition of SUPA IGA Karabar* The ACCC opposes Woolworths’ proposed acquisition of the SUPA IGA in Karabar, NSW and its co-located Liquor Boss store, after concluding the transaction would be likely to substantially lessen competition in the supply of groceries in the (...)

The Mexican Competition Authority fines three water and waste management and treatment companies for failing to complete the procedure for the notification of concentrations (Engie / Suez / Veolia) New
Mexican Competition Authority (Mexico City)
Mexico 129 contributions 24972 visits
Cofece fines three water and waste management and treatment companies with more than 11 million pesos for failing to complete the procedure for the notification of concentrations.* Cofece urges companies to respect the procedures established in the Federal Economic Competition Law. The (...)

The Irish Competition Authority issues an assessment of a proposed acquisition in the market for car parking management (Q-Park / Tazbell) New
Irish Competition Authority (Dublin)
Ireland 92 contributions 14735 visits
CCPC issues assessment to parties in relation to Q-Park / Tazbell Services* As part of its review process of the proposed acquisition by Q-Park Ireland Limited of the entire issued share capital of Tazbell Services Group Designated Activity Company, Sarlon Limited and Maukin Limited (see (...)

The Australian Competition Authority authorises a joint venture between three gas producers to jointly market gas (Vintage / Metgasco / Bridgeport) New
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78139 visits
ACCC grants authorisation to Odin joint venture for marketing gas* The ACCC has granted authorisation for Vintage Energy Ltd, Metgasco Ltd and Bridgeport (Cooper Basin) Pty Ltd, a wholly owned subsidiary of New Hope Corporation Limited, to enter into joint gas marketing arrangements. Vintage, (...)

The New Zealand Competition Authority releases a Statement of Preliminary Issues over the acquisition of a chicken breeder by a poultry producer (Inghams / Bromley Park Hatcheries) New
New Zealand Commerce Commission (Wellington)
New Zealand 149 contributions 21493 visits
Statement of Preliminary Issues released for Inghams’ proposed acquisition of certain assets from Bromley Park Hatcheries* The Commerce Commission has published a statement of preliminary issues relating to an application from Inghams Enterprises (NZ) Pty Limited seeking clearance to acquire (...)

The EU Commission approves a merger between two Swiss banks and permits a derogation from the standstill obligation (Credit Suisse / UBS) New
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
Mergers: Commission approves the merger between Credit Suisse and UBS* The European Commission has approved unconditionally, under the EU Merger Regulation, the merger between Credit Suisse and UBS. The Commission concluded that the transaction would not raise competition concerns in the (...)

The EU Commission clears the acquisition of a provider of ‘two-way’ satellite-based communication services by a rival following an in-depth investigation (Viasat / Inmarsat) New
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
Mergers: Commission clears Viasat’s acquisition of Inmarsat* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of Inmarsat by Viasat. The Commission concluded that the merger would not raise competition concerns in the European (...)

The US FTC signals its pleasure that two medical device manufacturers have abandoned their proposed merger (Boston Scientific Corporation / M.I. Tech Co.) New
US Federal Trade Commission (FTC) (Washington)
United States 155 contributions 37845 visits
Statement Regarding the Termination of Boston Scientific Corporation’s Attempted Acquisition of a Majority Stake in M.I. Tech Co., Ltd.* In response to the announcement that Boston Scientific Corporation and non-vascular stent manufacturer M.I. Tech Co., Ltd. have terminated their $230 million (...)

The French Competition Authority clears the acquisition of sole control of a power plant operator’s steam power division by a multinational petroleum company (GE / EDF) New
French Competition Authority (Paris)
France 727 contributions 380082 visits
The Autorité de la concurrence clears the acquisition of sole control of General Electric’s GE Steam Power division by EDF* Background On 14 April 2023, EDF notified to the Autorité de la concurrence of its plan to take control of the activities of General Electric group’s GE Steam Power (...)

The Dutch Competition Authority blocks the acquisition of a waste-management company by rival (AEB / AVR) New
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33247 visits
ACM blocks acquisition of waste-management company AEB by rival company AVR* The Netherlands Authority for Consumers and Markets (ACM) blocks the acquisition of Amsterdam-based waste-management company Afval- en Energiebedrijf (AEB) by rival company Afvalverwerking Rijnmond (AVR). If the (...)

The EU General Court declares inadmissible an action seeking to block a complex acquisition of assets by a German energy utility of a French State-backed rival on the grounds that the third party which brought the action was not sufficiently active during the merger procedure (enercity / E.ON / RWE) New
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 95327 visits
The action brought by the German municipal authority enercity against the approval by the Commission of the acquisition of generation assets of E.ON by RWE is inadmissible* The General Court provides clarification in that context of the novel question of the burden of proof so far as concerns (...)

The EU General Court rejects a claim alleging the Commission was mistaken to treat a complex merger involving several transactions separately and endorses the analysis and decision-making process (EVH / E.ON / RWE) New
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 95327 visits
The action brought by the German electricity producer EVH against the approval by the Commission of the acquisition of E.ON assets by RWE is dismissed* The General Court points out in particular that an asset swap between independent undertakings does not constitute a ’single concentration’ In (...)

The US FTC abandons its challenge to the acquisition of a virtual reality fitness app by a social media giant following a District Court’s denial of FTC’s request for a preliminary injunction (Meta / Within) New
Weil, Gotshal & Manges (Washington)
United States 2 contributions 550 visits
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Weil, Gotshal & Manges (Washington)
United States 1 contribution 40 visits
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Weil, Gotshal & Manges (New York)
United States 1 contribution 40 visits
On February 24, 2023, the Federal Trade Commission officially dismissed its administrative challenge to Meta Platforms, Inc.’s acquisition of Within Unlimited, Inc. (Within), the company behind the virtual reality (VR) fitness application, Supernatural. The move by the FTC came less than a month (...)

The New Zealand Competition Authority receives an acquisition application from a company making home ventilation systems seeking to take over a rival (Volution Group / Proven Systems) New
New Zealand Commerce Commission (Wellington)
New Zealand 149 contributions 21493 visits
Volution Group seeks clearance to acquire Proven Systems* The Commerce Commission has received a clearance application from Volution Group plc to acquire 100% of the business and assets of Proven Systems Limited. The parties overlap in the supply of home ventilation systems. Home ventilation (...)

The UK Competition Authority raises concerns over the takeover of 12 independent veterinary businesses by a large multinational business in the same industry (Medivet) New
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90540 visits
Vet business takeovers raise competition concerns for pet owners* CMA’s initial investigation into Medivet’s purchase of multiple independent vet businesses highlights potential price and quality issues The Competition and Markets Authority (CMA) has outlined its preliminary concerns that the (...)

The New Zealand Competition Authority receives a request to vary the terms of an existing cooperation agreement between two horse and greyhound betting companies (TAB / Tabcorp / Entain)
New Zealand Commerce Commission (Wellington)
New Zealand 149 contributions 21493 visits
TAB seeks variation to authorisation of its arrangements with Tabcorp to reflect strategic partnership agreement with Entain* The Commerce Commission (Commission) has received a request from TAB New Zealand (TAB) seeking to vary the authorisation granted by the Commission to certain (...)

The EU Commission clears an acquisition application by the Slovenian second largest retail fuel supplier seeking to acquire a rival (OMV Slovenija / MOL) New
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
Mergers: Commission clears acquisition of OMV Slovenija by MOL, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of OMV Slovenija by MOL. The approval is conditional on the divesture of 39 fuel stations in Slovenia to the (...)

The Romanian Competition Authority approves the takeover of an IT service provider by four related tech companies (Bittnet Systems / Dendrio Solutions / Cătălin-Cristian Georgescu / Constantin-Adrian Savu / Dataware Consulting) New
Romanian Competition Council (Bucharest)
Romania 137 contributions 24517 visits
COMPETITION COUNCIL APPROVED THE TAKING OVER OF DATAWARE CONSULTING BY BITTNET SYSTEMS, CĂTĂLIN-CRISTIAN GEORGESCU AND CONSTANTIN-ADRIAN SAVU* The Competition Council approved the transaction by which Bittnet Systems S.A., Dendrio Solutions S.R.L., Cătălin-Cristian Georgescu and Constantin-Adrian (...)

The French Competition Authority approves an application by two passenger transport companies to jointly acquire an electric moped rental company (RATP / CDC / Cityscoot)
French Competition Authority (Paris)
France 727 contributions 380082 visits
The Autorité de la concurrence clears the joint control of Cityscoot by RATP and Caisse des Dépôts et Consignations* Background On 26 July 2022, RATP Capital Innovation, a subsidiary of RATP group, and Caisse des Dépôts et Consignations notified the Autorité de la concurrence of their plan to take (...)

The New Zealand Competition Authority receives a clearance application from an Australian-based poultry seeking to acquire a day-old chicks seller (Inghams / Bromley Park Hatcheries)
New Zealand Commerce Commission (Wellington)
New Zealand 149 contributions 21493 visits
Inghams seeks clearance to acquire certain assets from Bromley Park Hatcheries* The Commerce Commission has received a clearance application from Inghams Enterprises (NZ) Pty Limited (Inghams) to acquire the assets of the Cobb Commercial and Riverland businesses of Bromley Park Hatcheries (...)

The US FTC opposes a biopharmaceutical giant’s $27.8B acquisition of a global biotechnology company on the grounds that the deal will entrench monopoly in the drugs market for thyroid eye disease and chronic refractory gout (Amgen / Horizon Therapeutics)
US Federal Trade Commission (FTC) (Washington)
United States 155 contributions 37845 visits
FTC Sues to Block Biopharmaceutical Giant Amgen from Acquisition That Would Entrench Monopoly Drugs Used to Treat Two Serious Illnesses* The $27.8 billion acquisition of Horizon Therapeutics plc would enable Amgen Inc. to stifle competition for thyroid eye disease and chronic refractory gout (...)

The Romanian Competition Authority approves a merger transaction involving a cement manufacturer and a building material producer (Holcim / Betonexpres)
Romanian Competition Council (Bucharest)
Romania 137 contributions 24517 visits
The Competition Council approved the transaction by which Holcim (Romania) S.R.L. takes over the mobile concrete station in Florești, Cluj county, which belongs to Betonexpres S.R.L. Holcim (Romania) deals mainly with the manufacture of cement. The company manufactures and markets cement, (...)

The Romanian Competition Authority approves the takeover transaction involving a fruit and vegetable processing company and food processing firm (Morad Foods / Prefera Trading)
Romanian Competition Council (Bucharest)
Romania 137 contributions 24517 visits
COMPETITION COUNCIL APPROVED THE TAKING OVER OF PREFERA TRADING BY MORAD FOODS* The Competition Council approved the transaction by which Morad Foods in Bucharest, part of the Morad Group, intends to take over the company Prefera Trading in Alba county. Morad Food processes and preserves (...)

The EU Commission sends a Statement of Objections to a Korean airline over its proposed acquisition of a rival (Korean Air / Asiana) New
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
Mergers: Commission sends Korean Air Statement of Objections over proposed acquisition of Asiana* The European Commission has informed Korean Air of its preliminary view that its proposed acquisition of Asiana may restrict competition in the markets for passenger and cargo air transport (...)

The EU Commission conditionally approves the acquisition of a leading video game publisher by a Big Tech company (Microsoft / Activision Blizzard)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
Mergers: Commission clears acquisition of Activision Blizzard by Microsoft, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Activision Blizzard (‘Activision’) by Microsoft. The approval is conditional on full compliance (...)

The UK Competition Authority approves a merger in the satellite communications market (Viasat/ Inmarsat)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90540 visits
Satellite merger approved after in-depth CMA probe* Following a provisional clearance in March, the CMA is now allowing the proposed merger of Viasat and Inmarsat to go ahead. Phase 2 investigation finds that – while Viasat and Inmarsat compete closely – the merged company will be challenged by (...)

The Hellenic Competition Authority clears the proposed acquisition of a company active in the aggregates sector by a rival (Lafarge Beton / Larsinos)
Hellenic Competition Commission (Athens)
Greece 115 contributions 15807 visits
Clearance of the notified concentration concerning the acquisition by the company under the name "LAFARGE BETON S.A." of sole control over the company ’LARSINOS S.A.’* Subject: Clearance of the notified concentration concerning the acquisition by the company under the name "LAFARGE BETON S.A." (...)

The Irish Competition Authority conditionally clears a proposed acquisition in the wholesale distribution of food and grocery goods market (BWG Foods / Tuffy Wholesale)
Irish Competition Authority (Dublin)
Ireland 92 contributions 14735 visits
CCPC requires binding commitments from BWG to acquire Tuffy’s Wholesale* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a number of legally binding commitments, the proposed acquisition by BWG Foods Unlimited Company (BWG) of the entire issued share capital, (...)

The EU Court of Justice AG Collins urges the Court of Justice to dismiss an appeal to overturn a gun jumping fine of €124.5M in the telecommunications sector (Altice / PT Portugal) New
Hogan Lovells (London)
United Kingdom 6 contributions 752 visits
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Hogan Lovells (London)
United Kingdom 4 contributions 1732 visits
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Hogan Lovells (London)
United Kingdom 1 contribution 41 visits
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An EU Advocate General has advised that an appeal brought by Altice should be dismissed in its entirety – in effect confirming the validity of a 2018 European Commission decision imposing a record fine on Altice for breaching EU merger control rules in relation to its 2015 purchase of (...)

The EU Court of Justice AG Collins encourages the Court to dismiss a gun jumping appeal arguing that the Commission, inter alia, does not have to be transparent when fixing the amount of fines as that may undermine the deterring effect (Altice / PT Portugal)
White & Case (Düsseldorf)
France 32 contributions 12746 visits
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White & Case (Brussels)
Belgium 33 contributions 12245 visits
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White & Case (Brussels)
Belgium 1 contribution 46 visits
Advocate General Anthony Michael Collins has proposed that the European Court of Justice uphold the General Court’s Altice judgment. In his Opinion, he considered that the entering into certain types of pre-closing covenants by an acquirer may constitute gun-jumping, regardless of the absence of (...)

The UK Competition Authority blocks the proposed acquisition of a leading video game publisher by a Big Tech company (Microsoft / Activision Blizzard) New
McDermott Will & Emery (Brussels)
France 9 contributions 3578 visits
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McDermott Will & Emery (Dusseldorf)
Germany 8 contributions 4864 visits
On April 26, 2023, the Competition and Markets Authority (CMA) blocked what would otherwise have been the largest deal in the gaming industry to date. The decision highlights several important trends, such as: In dynamic markets, regulators are focusing in on whether a deal harms or could harm (...)

The EU Commission adopts a new merger control review rules and procedures
Van Bael & Bellis (Brussels)
Belgium 30 contributions 7662 visits
On 20 April 2023 the European Commission (“Commission”) adopted a package of new merger control review rules and procedures. These include (i) a new Implementing Regulation, (ii) a new Notice on Simplified Procedure and (iii) a Communication on the transmission of documents. The aim of these (...)

The Belgian Competition Authority’s Auditor General requests the adoption of interim measures in a proposed acquisition in the broadband communications services sector (Proximus / Edpnet)
Belgian Competition Authority (Brussels)
Belgium 95 contributions 21322 visits
Proximus/edpnet case (post-Towercast): the Auditor General requests interim measures to ensure the continuity of edpnet’s activities and its operational and commercial independence from Proximus* The Belgian Competition Authority confirms that the Auditor General has for the first time made use (...)

The EU Commission adopts a legislative package to further streamline the simplified merger control procedures within the bloc
McDermott Will & Emery (Paris)
France 122 contributions 63494 visits
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McDermott Will & Emery (Brussels)
France 9 contributions 3578 visits
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McDermott Will & Emery (Dusseldorf)
Germany 16 contributions 6381 visits
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The EU Commission has adopted a legislative package to further streamline the simplified merger control procedures within the European Union On April 20, 2023, the EU Commission (Commission) adopted and published a package to simplify the procedures for reviewing concentrations under (...)

The Maltese Competition Authority clears a proposed acquisition in the aviation sector (Avia / AirExplore)
Malta Competition and Consumer Affairs Authority (Ħamrun)
Malta 12 contributions 677 visits
OFFICE FOR COMPETITION* COMP-MCCAA/6/2023 - Acquisition of AirExplore s.r.o. by Avia Solutions Group (ASG) PLC Decision on acquisition in terms of Regulations 6 (1) (ii) and 12(4) of the Control of Concentrations Regulations (LN 294 of 2002 as subsequently amended) The Office for (...)

The Hellenic Competition Authority approves the acquisition of an investment group by a bank (Piraeus Bank / MIG Investment)
Hellenic Competition Commission (Athens)
Greece 115 contributions 15807 visits
Clearance of a notified concentration* Subject: Clearance of the notified concentration concerning the acquisition by the company under the name «PIRAEUS BANK S.A.», on the basis of a mandatory public offer, of sole control over the company under the name «MARFIN INVESTMENT GROUP HOLDING COMPANY (...)

The Chinese State Administration for Market Regulation imposes remedial measures in a landmark domestic merger transaction in the chemical industry (Wanhua Chemical Group / Yantai Juli Fine Chemical) New
Jones Day (Beijing)
China 3 contributions 181 visits
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Jones Day (Shanghai)
China 51 contributions 23343 visits
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Jones Day (Beijing)
China 3 contributions 93 visits
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The State Administration for Market Regulation’s ("SAMR") remedies decisions in two recent domestic transactions are the first conditional antitrust M&A settlements in the 15-year history of antitrust enforcement under China’s Anti-Monopoly Law ("AML"). For the first time, SAMR has required (...)

State Aid

 The EFTA Surveillance Authority initiates a formal investigation into an alleged State aid granted by the Norwegian authorities to a railway passenger-transport services and its subsidiary (Vygruppen) New
EFTA Surveillance Authority (Brussels)
Belgium 133 contributions 26794 visits
ESA launches investigation into alleged State aid to Vygruppen* The EFTA Surveillance Authority (ESA) has today decided to initiate a formal investigation into alleged State aid granted by the Norwegian authorities to Vygruppen AS and its subsidiary. Vygruppen AS is owned by the Norwegian (...)

The EU Commission approves a Polish scheme worth €1B to support agricultural producers in the context of Russia’s war against Ukraine New
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
State aid: Commission approves €1 billion Polish scheme to support agricultural producers in the context of Russia’s war against Ukraine* The European Commission has approved an approximately €1 billion (PLN 4.7 billion) Polish scheme to support the liquidity of agricultural producers in the (...)

The UK High Court affirms proportionality as the standard of review for examining substantive subsidy decisions under the new subsidy control regime (Bulb) New
Blackstone Chambers (London)
United Kingdom 5 contributions 680 visits
As erstwhile State aid lawyers will know, under the UK’s new subsidy control regime, interested parties can challenge subsidy decisions in the CAT, which will apply the same principles applied by the High Court in a judicial review. But what standard of review will the CAT adopt when examining a (...)

The General Court annuls the Commission’s decision to approve an aid measure consisting in subsidies paid by Italy to Italian airlines in the context of the COVID-19 pandemic (Ryanair) New Free
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 28961 visits
The General Court annuls the Commission’s decision to approve an aid measure consisting in subsidies paid by Italy to Italian airlines in the context of the COVID-19 pandemic* The Commission failed to provide a statement of reasons for its finding that the measure at issue was not contrary to (...)

The EU Commission approves a €1.3B Polish scheme to support agricultural producers’ payments of insurance premiums to cover adverse climatic events
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
State aid: Commission approves €1.3 billion Polish scheme to support agricultural producers’ payments of insurance premiums to cover adverse climatic events* The European Commission has approved, under EU State aid rules, a €1.3 billion Polish scheme to support agricultural producers to pay (...)

The EU Commission approves Danish measures to support new export and investment fund
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
State aid: Commission approves Danish measures to support new export and investment fund* The European Commission has approved, under EU State aid rules, Danish measures to set-up Denmark’s Export and Investment Fund (‘the Fund’), with a total estimated value of over €4 billion. The Fund aims at (...)

The EU Commission approves €837M Spanish scheme to support the production of batteries for electric and connected vehicles to foster the transition to a net-zero economy
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
State aid: Commission approves €837 million Spanish scheme to support the production of batteries for electric and connected vehicles to foster the transition to a net-zero economy* The European Commission has approved a €837 million Spanish scheme to support the production of batteries for the (...)

The EU Commission approves €2.6B Swedish scheme to support companies in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
State aid: Commission approves €2.6 billion Swedish scheme to support companies in the context of Russia’s war against Ukraine* The European Commission has approved a €2.6 billion (SEK 29 billion) Swedish scheme to support companies active in southern Sweden in the context of Russia’s war against (...)

The EU Court of Justice partially annuls the Commission’s decision on the Spanish Tax Lease System and clarifies the extent to which public authorities can implement general measures without favouring any undertaking (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión / Caixabank)
Maastricht University
Belgium 338 contributions 58495 visits
Introduction On 2 February 2023, the Court of justice, in case C649/20 P, Spain and Others v European Commission, clarified the extent to which public authorities can implement general measures without in practice favouring any undertaking. The exercise of administrative discretion can turn a (...)

The EU Court of Justice annuls the General Court decision on the precautionary recapitalisation of a major bank in Italy (Anthony Braesch)
Maastricht University
Belgium 338 contributions 58495 visits
Introduction Investors in banks that failed or were restructured as a result of the financial crisis that broke out in 2008 have tried many times and have used many arguments to support their claims for compensation. None of them has so far succeeded before EU courts to prove that the (...)

The EU Court of Justice rules that State aid includes all resources that can be directed by the State for its own purposes (DOBELES HES / Sabiedrisko pakalpojumu regulēšanas komisija)
Maastricht University
Belgium 338 contributions 58495 visits
Introduction On 12 January 2023, the Court of Justice delivered its judgment in joined cases C-702/20, DOBELES HES and C-17/21, Sabiedrisko pakalpojumu regulēšanas komisija. A Latvian court requested the Court of Justice to provide a preliminary ruling on the interpretation of Article 107(1) (...)

The EU General Court annuls two decisions of the Commission on State aid, due to the failure to take into account the accumulation of aid from other Member States (Landwärme)
Maastricht University
Belgium 338 contributions 58495 visits
Introduction The EU Green Deal and the Climate, Environmental Protection and Energy Aid Guidelines [CEEAG] allow Member States to grant more aid, in diversity and amounts, to incentivise companies to invest in greener technologies and energy. However, when multiple Member States grant aid for (...)

The EU Court of Justice issues a preliminary ruling to clarify that State aid may have an incentive effect even where a project has already started or even completed (Veejaam / Espo / Elering)
Maastricht University
Belgium 338 contributions 58495 visits
Introduction Perhaps the most important aspect of the compatibility of State aid with the internal market is the presence of incentive effect. That is, the aid is capable of changing the behaviour of the recipient. If it does not, then public money is wasted because it has no effect on what (...)

The EU Commission approves a €1.8B German scheme to support the rollout of high-power charging infrastructure for electric vehicles
Maastricht University
Belgium 338 contributions 58495 visits
Introduction As part of the EU’s Green Deal and the transition to a greener and most sustainable economy, the European Commission’s guidelines on State aid for climate, environmental protection and energy [CEEAG] also allow public support for the construction of energy infrastructures. In a (...)

The EU General Court clarifies the nature of the link that must exist between State aid and other provisions of EU law in order for an aid measure to be found incompatible with the internal market (MVM Paks II Nuclear Power Plant Development)
Maastricht University
Belgium 338 contributions 58495 visits
Introduction It is an established principle in the case law that the Commission may not authorise State aid that infringes other provisions of EU law, both primary and secondary. Now consider the following case. A Member State notifies to the Commission regional investment aid to support the (...)

Procedures

 The US Supreme Court rules that a constitutional challenge of a government agency’s administrative enforcement may proceed at a Federal Court before the final determination of the administrative tribunal (Axon / FTC) New
Baker McKenzie (New York)
United States 1 contribution 21 visits
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Baker McKenzie (Washington)
United States 2 contributions 177 visits
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Baker McKenzie (Washington)
France 2 contributions 126 visits
In brief On 14 April 2023, the United States Supreme Court issued its opinion in Axon Enterprise, Inc. v. Federal Trade Commission et al., and unanimously held that a litigant challenging the constitutionality of an agency administrative enforcement action need not await the outcome of that (...)

The EU General Court dismisses an action brought by a BigTech firm against a Commission decision seeking the disclosure of documents identified by means of search terms on the grounds that the decision is consistent with the principle of proportionality (Meta) New Free
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 95327 visits
Competition: The action brought by Meta Platforms Ireland (Facebook group) against a Commission request seeking disclosure of documents identified by means of search terms is dismissed* The General Court finds that Meta Platforms Ireland has not successfully demonstrated that the request to (...)

The EU Court of Justice rules on the compatibility of national cost rules and judicial damages estimation in cartel damages claims (Tráficos Manuel Ferrer) New
Hausfeld (Berlin)
Germany 5 contributions 973 visits
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Hausfeld (Berlin)
Germany 2 contributions 453 visits
This time, the preliminary ruling concerns the bearing of costs by the claimant in the event of partial dismissal of its claim and the prerequisites under which the national court is entitled to estimate the damage. The Advocate General’s opinion had raised high expectations for the ECJ’s (...)

Regulatory

 The EU Commission publishes the EU Foreign Subsidies Regulation in the official journal of the EU, scheduled to come into force in 2023 New
McDermott Will & Emery (Brussels)
France 9 contributions 3578 visits
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McDermott Will & Emery (Brussels)
Belgium 36 contributions 8358 visits
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Allen & Overy (Brussels)
Belgium 22 contributions 4784 visits
Time to Prepare for A New Regulatory Hurdle for M&A Transactions and Public Procurements Within the European Union On December 23, 2022, Regulation (EU) 2022/2560 of December 14, 2022 on foreign subsidies distorting the internal market (FSR) was published in the Official Journal of the (...)

The EU Commission adopts new Horizontal Block Exemption Regulations and Horizontal Guidelines aimed at providing businesses with clearer and up-to-date guidance in assessing the compatibility of their horizontal cooperation agreements with EU competition rules New
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700179 visits
Antitrust: Commission adopts new Horizontal Block Exemption Regulations and Horizontal Guidelines* The European Commission has today adopted revised Horizontal Block Exemption Regulations on Research and Development (‘R&D’) and Specialisation agreements (‘HBERs’), accompanied by revised (...)

The EFTA Surveillance Authority adopts new Guidelines on the enforcement of State aid rules by national courts applicable to the EEA EFTA states New
EFTA Surveillance Authority (Brussels)
Belgium 133 contributions 26794 visits
ESA adopts revised guidelines on enforcement of State aid rules by national courts* The EFTA Surveillance Authority (ESA) has today adopted new Guidelines on the enforcement of State aid rules by national courts applicable to the EEA EFTA states. The revised guidelines provide direction and (...)

The US Committee on Foreign Investment updates its interpretation of the "completion date" for a transaction to mean the date on which a foreign person obtains any equity interest in a US business New
White & Case (Washington)
United States 3 contributions 1558 visits
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White & Case (Washington)
United States 2 contributions 602 visits
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White & Case (Washington)
United States 2 contributions 602 visits
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The Committee on Foreign Investment in the United States (CFIUS) recently issued a new Frequently Asked Question (FAQ) that updates CFIUS’s interpretation of the "completion date" for a transaction, which represents a significant change for transaction parties that have for years relied upon (...)

The UK Parliament publishes the Digital Markets, Competition and Consumers Bill to oversee and enforce an updated regulatory regime for the digital markets New
Dechert (London)
United Kingdom 6 contributions 1989 visits
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Dechert (London)
United Kingdom 9 contributions 3204 visits
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Dechert (London)
United Kingdom 1 contribution 19 visits
Key Takeaways The UK’s long-awaited Digital Markets, Competition and Consumers Bill, published this week, brings in a new antitrust regime for Big Tech in the UK. The Bill provides statutory footing and powers for a new body, the Digital Markets Unit (“DMU”), to oversee and enforce the new regime. (...)

The UK Government announces the Digital Markets, Competition and Consumers Bill which which introduces a wide range of reforms in the regulation of the Big Tech industry New
Ashurst (London)
United Kingdom 34 contributions 16496 visits
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Ashurst (London)
United Kingdom 8 contributions 3180 visits
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Ashurst (London)
United Kingdom 13 contributions 3758 visits
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On 25 April 2023, the UK Government introduced the draft Digital Markets, Competition and Consumers Bill (the "Bill"). The date for the second reading is yet to be formally scheduled. In our first update, we provide a high level overview of the proposed reforms. Subsequent updates will focus (...)

The EU Commission publishes a package of measures aimed at simplifying its merger control procedures in order to reduce the workload and costs of mergers New
Herbert Smith Freehills (Brussels)
Belgium 109 contributions 68759 visits
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Herbert Smith Freehills (Brussels)
Belgium 41 contributions 16300 visits
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Herbert Smith Freehills (Brussels)
Belgium 19 contributions 5740 visits
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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 merger (...)

The EU Commission adopts simplifying, streamlining and optimising EU merger review procedures New
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3392 visits
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Zepos & Yannopoulos (Athens)
Greece 1 contribution 8 visits
On 20 April 2023, the European Commission (hereinafter “EC”) adopted a package to further simplify its procedures for reviewing concentrations under Council Regulation (EC) No 139/2004 (the “EU Merger Regulation”). The package includes: (i) a revised Merger Implementing Regulation (“Implementing (...)

The EU Commission streamlines merger procedures and leaves scope for further reforms New
White & Case (Brussels)
Belgium 15 contributions 10300 visits
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White & Case (Düsseldorf)
France 32 contributions 12746 visits
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White & Case (Brussels)
Belgium 2 contributions 64 visits
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The European Commission ("Commission") has adopted a package of revised legal texts aimed at simplifying the EU merger review process. The package expands the categories of cases that may be eligible for the simplified procedure, and streamlines the review of simplified cases. It also reduces (...)

The Belgian Government takes action to screen foreign direct investment on its territory following the adoption of the FDI screening mechanism legislation New
Covington & Burling (Brussels)
Belgium 33 contributions 12509 visits
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Covington & Burling (Brussels)
Belgium 14 contributions 3048 visits
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Covington & Burling (Brussels)
Belgium 4 contributions 1578 visits
Belgium introduced an FDI screening mechanism anticipated to enter into force on July 1, 2023, adding yet another jurisdiction in the EU which has adopted national measures to implement the EU’s FDI Regulation (EU) 2019/452. The new Belgian regime may place additional compliance obligations on (...)

The EU Commission publishes the Foreign Subsidies Regulation to create a new regime with the objective of protecting the internal market from distortions created by foreign subsidies New
University of Oxford
United Kingdom 1 contribution 23 visits
The EU Foreign Subsidies Regulation (“FSR”) has been published on the 14th of December 2022 and entered into force on 12 January 2023. The Regulation creates a new regime with the objective of protecting the internal market of the European Union from distortions created by foreign subsidies. In (...)

The EU Commission publishes the ground-breaking Digital Markets Acts which aims at improving the contestability and fairness of digital markets New
Herbert Smith Freehills (Brussels)
Belgium 109 contributions 68759 visits
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Herbert Smith Freehills (Brussels)
Belgium 41 contributions 16300 visits
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Herbert Smith Freehills (Brussels)
Belgium 19 contributions 5740 visits
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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 (...)

The French Competition Authority issues an opinion on certain provisions of the draft law to secure and regulate the digital space
French Competition Authority (Paris)
France 727 contributions 380082 visits
Cloud computing: The Autorité de la concurrence issues an opinion on certain provisions of the draft law to secure and regulate the digital space* Background Referred to by the French Deputy Minister in charge of the digital transition and telecommunications, the Autorité has issued an (...)

The French Treasury publishes its annual report on FDI control and screening of foreign investments New
FGS Global (Paris)
France 1 contribution 164 visits
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University of Strasbourg
France 2 contributions 582 visits
On the 9th of May 2023, the French Directorate General of the Treasury (DG Trésor) released its annual report on its foreign direct investment (FDI) screening activity. The report provides key insights on both the priorities and the practices implemented by the Treasury in its screening of (...)

The EU Commission publishes its long-awaited draft regulation on a new framework for standard essential patents
Van Bael & Bellis (Brussels)
Belgium 4 contributions 312 visits
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Van Bael & Bellis (Brussels)
Belgium 27 contributions 4911 visits
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Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50292 visits
On 27 April 2023, the European Commission released its long-awaited draft Regulation on a new framework for standard-essential patents (“SEPs”). The draft Regulation aims at improving the efficiency and predictability in the SEP licensing market, particularly for small and mediumsized enterprises (...)

The EU Commission proposes a new framework for the licensing of standard essential patents
Covington & Burling (Brussels)
Belgium 33 contributions 12509 visits
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Covington & Burling (Frankfurt)
Germany 6 contributions 2500 visits
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Covington & Burling (Frankfurt)
Germany 1 contribution 73 visits
On April 27, 2023, the Commission presented its draft regulation on SEPs (“Draft SEPs Framework Regulation”, retrievable here). Under the aegis of DG GROW, but in close consultation with DG COMP, the Commission seeks to address what some have perceived as lack of transparency and predictability (...)

The EU Commission publishes its draft regulation on standard essential patents with the aim to provide more transparency and predictability in this area
Covington & Burling (Brussels)
Belgium 33 contributions 12509 visits
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Covington & Burling (Frankfurt)
Germany 6 contributions 2500 visits
Draft Regulation – The EU Commission Proposes a new Framework for the Licensing of Standard Essential Patents (“SEPs”)* On April 27, 2023, the Commission presented its draft regulation on SEPs (“Draft SEPs Framework Regulation”, retrievable here). Under the aegis of DG GROW, but in close (...)

The UK Government publishes updated market guidance
Clifford Chance (London)
United Kingdom 4 contributions 528 visits
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Clifford Chance (London)
United Kingdom 4 contributions 231 visits
The UK Government has published updated Market Guidance which provides some useful additional information on how the Government will exercise its powers under the NSI Act. The UK Government has published updated Market Guidance on the National Security and Investment Act 2021 ("NSI Act") which (...)

The UK Government publishes the updated Market Guidance to provide for more transparency and certainty in the National Security and Investment regime
Herbert Smith Freehills (London)
United Kingdom 23 contributions 8003 visits
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Herbert Smith Freehills (London)
United Kingdom 1 contribution 38 visits
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Herbert Smith Freehills (London)
United Kingdom 13 contributions 4043 visits
Moves towards greater transparency under the UK National Security and Investment Act?* The National Security and Investment Act 2021 (NSIA) introduced a new standalone UK regime for the review of certain transactions and investments on national security grounds, which entered into force in (...)

The UK Government introduces the Digital Markets, Competition and Consumers Bill to revamp the merger control regime for the digital age New
Skadden, Arps, Slate, Meagher & Flom (Brussels)
United Kingdom 56 contributions 23811 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 22 contributions 5980 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 67 contributions 30378 visits
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On 25 April 2023, the UK government published the Digital Markets, Competition and Consumers Bill (Bill), which will introduce wide-ranging amendments to the UK competition and consumer law regimes that expand the powers of the Competition and Markets Authority (CMA) and significantly alter the (...)

The UK Government introduces the highly anticipated Digital Markets, Competition and Consumers Bill which creates a new ex-ante regime for digital markets
Morgan Lewis (London)
United Kingdom 25 contributions 9438 visits
The UK government recently published the highly anticipated Digital Markets, Competition and Consumers Bill, creating a new ex-ante regime for digital markets through proposed changes to UK competition law and enhanced consumer protection. The April 25, 2023 Bill is the UK equivalent of the (...)

The EU Commission adopts a Regulation extending the validity of the Motor Vehicle Block Exemption Regulation and updates the Supplementary Guidelines for the motor vehicles industry
Van Bael & Bellis (Brussels)
Belgium 8 contributions 1639 visits
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Van Bael & Bellis (Brussels)
France 163 contributions 55208 visits
On 17 April 2022, the European Commission (“Commission”) adopted a Regulation extending the validity of the 2010 Motor Vehicle Block Exemption Regulation (Regulation (EU) No 461/2010 (“MVBER”) until 31 May 2028. The Commission also adopted only modest amendments to the 2010 Supplementary Guidelines (...)

The EU Commission launches a public consultation on the implementation of the Technology Transfer Block Exemption Regulation
Van Bael & Bellis (Brussels)
Belgium 27 contributions 4911 visits
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Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50292 visits
On 17 April 2023, the European Commission launched a public consultation on the implementation of the Technology Transfer Block Exemption Regulation (“TTBER”) and related guidelines. The current TTBER exempts from the scope of Article 101 TFEU specific agreements by which one party authorises (...)

The US State of New York Assembly amends the Public Health Law to impose new notification requirements related to material transactions involving physician practices and management services organizations
Morgan Lewis (Philadelphia)
United States 6 contributions 784 visits
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Morgan Lewis (New York)
United States 1 contribution 35 visits
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Morgan Lewis (Houston)
United States 1 contribution 35 visits
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NEW YORK STATE: HEALTHCARE ENTITIES MUST DISCLOSE CERTAIN MATERIAL TRANSACTIONS* As part of the New York State budget for fiscal year 2023–2024, the New York State Assembly amended the New York Public Health Law to impose new notification requirements related to material transactions involving (...)

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  • University of Strathclyde - Law School
    United Kingdom 4 contributions 3153 visits

    The e-Competitions case summaries are an essential tool for continued awareness of the development of EU law, not only in relation to the Court rulings… The provision of commentaries in e-Competition on the subsequent national court treatment of certain EU rulings is enlightening and provides significant added value to the service.