Bulletin
Latest News issue: February 2020

Anticompetitive practices

The UK CMA welcomes the EU Court of Justice ruling in a pay-for-delay case (Paroxetine Case) New
British Competition Authority - CMA (London)
CMA welcomes EU Court ruling in pay-for-delay drug case* The CMA welcomes a ruling from the EU Court of Justice in relation to its case that drug companies supplying an antidepressant called paroxetine broke the law. The ruling, released today, follows appeals from GlaxoSmithKline and other (...)

The EU Commission imposes €14.3 million fine on companies for territorial, customer and online sales restrictions of merchandising products (NBCUniversal) New
Van Bael & Bellis (Brussels)
On 30 January 2020, the European Commission (“Commission”) announced its decision to fine several companies belonging to Comcast Corporation, including NBCUniversal, € 14,327,000 for limiting the ability of licensees to sell licensed merchandising products to other EEA countries and non-allocated (...)

The EU Commission fines several companies for restricting sales of film merchandise products (NBCUniversal) New
DG COMP (Brussels)
Antitrust: Commission fines NBCUniversal €14.3 million for restricting sales of film merchandise products* The European Commission has fined several companies belonging to Comcast Corporation, including NBCUniversal LLC, (“NBCUniversal”) €14 327 000 for restricting traders from selling licensed (...)

The French Competition Authority creates a guide for small and medium-sized enterprises (SME) New
French Competition Authority (Paris)
The Autorité de la concurrence creates a guide for SMEs* The Autorité wishes to develop, as part of a preventive approach, the knowledge of competition law held by all companies, in order for them to avoid breaching the law and for them to be able to use the tools of competition law to fight (...)

The US FTC files a complaint against an undertaking seeking permanent injunctive relief and equitable relief, including monetary relief, for an anticompetitive scheme to preserve a monopoly for a drug (Vyera Pharmaceuticals / Pharma Bro) New
Wolters Kluwer (Riverwoods)
WILL THE SUPREME COURT LIMIT THE FTC’S USE OF SECTION 13(B) COURT ACTIONS?* The FTC’s authority to seek permanent injunctive relief and monetary relief under Section 13(b) of the FTC Act is being called into question. While more commonly used in consumer protection cases, Section 13(b) has been (...)

The German Competition Authority discontinues the proceedings against the "alliance of publishing houses" in the press wholesale sector as they end minimum sales requirement (Verlagsallianz / BPVG) New
German Competition Authority (Bonn)
Bundeskartellamt brings an end to minimum sales requirement in the press wholesale sector* The “alliance of publishing houses” (Verlagsallianz) consisting of seven major German publishing houses and the Association of German Book, Newspaper and Magazine Wholesalers (BPVG) have refrained from (...)

The UK Court of Appeal rejects an appeal against a judgment of the CAT which upheld the CMA’s decision finding a company online sales ban of its custom-fitted golf clubs to be an unjustified restriction (Ping) New
Van Bael & Bellis (Brussels)
On 21 January 2020, the UK Court of Appeal rejected an appeal brought by the golf club manufacturer Ping Europe Limited (“Ping”) against the 2018 judgment of the Competition Appeal Tribunal (“CAT”), which upheld the Competition and Markets Authority’s (“CMA”) 2017 decision finding Ping’s online sales (...)

The Italian Competition Authority opens an investigation against several shipping companies to assess an alleged agreement restricting competition in the market for the transport of flammable material and waste to and from the islands in the Gulf of Naples (Mediterranea Marittima / Servizi Marittimi Liberi Giuffré & Lauro / Medmar Navi / Tra.Spe.Mar / GML Trasporti Marittimi and Consorzio COTRASIR) New
Italian Competition Authority (Rome)
ICA: investigation opened into an alleged anticompetitive agreement in the transport of fuel and waste to and from the Campanian Archipelago* On 14 January 2020, the Authority opened an investigation against the companies Mediterranea Marittima S.p.a., Servizi Marittimi Liberi Giuffré & (...)

The German Competition Authority fines seven wholesalers of plant protection products and their responsible employees for agreeing on price lists, discounts and some individual sales prices (AGRAVIS Raiffeisen / AGRO Agrargroßhandel / BayWa / Betriebsmittel Service Logistik / Getreide / Raiffeisen Waren / Kassel / ZG Raiffeisen)
German Competition Authority (Bonn)
Wholesalers of plant protection products fined for anti-competitive agreements on price lists, discounts and individual prices* Bonn, 13 January 2020: The Bundeskartellamt has imposed fines totalling 154.6 million euros on seven wholesalers of plant protection products and their responsible (...)

The Indian Competition Authority directs an investigation into allegations of anti-competitive agreements between e-commerce marketplaces (Amazon & Flipkart) New
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The Competition Commission of India (CCI) has directed an investigation into allegations of anti-competitive agreements between e-commerce marketplaces Amazon and Flipkart, on the one hand, and sellers on these marketplaces, on the other. A Delhi based traders’ body alleged that Amazon and (...)

The German Competition Authority imposes fines totalling €154.6 million on plant protection product suppliers for agreeing on price lists, rebates and retail prices (Agravis / Agro Agrargroßhandel / BayWa / BSL Betriebsmittel Service Logistik / Getreide / Raiffeisen Waren / ZG Raiffeisen) New
Van Bael & Bellis (Brussels)
On 13 January 2020, the German Federal Cartel Office (FCO) imposed fines totalling € 154.6 million on seven undertakings for agreeing on price lists, rebates and retail prices for plant protection products between 1998 and 2015. Fines were also imposed on employees implicated in the infringing (...)

The Danish High Court fines two companies for bid rigging in the construction sector (Jorton / H. Skjøde Knudsen)
Danish Competition and Consumer Authority (Copenhagen)
THE HIGHT COURT FINES TWO CONSTRUCTION COMPANIES FOR BID RIGGING * The High Court has fined the construction companies Jorton A/S and H. Skjøde Knudsen A/S respectively DKK 3,000,000 (€ 401,442) and DKK 267,628 (€ XXX) for bid rigging. Two members of the managements were fined respectively DKK (...)

The US DoJ challenges a trade association rule for college admission (NACAC) New
Jones Day (Sillicon Valley)
,
Jones Day (Minneapolis)
In December 2019, the Department of Justice Antitrust Division ("DOJ") settled charges that certain National Association for College Admission Counseling ("NACAC") rules governing college admissions were anticompetitive under Section 1 of the Sherman Act. NACAC is a trade association for (...)

The Canadian Competition Bureau takes steps against misleading representations in online sales of airline tickets (FlightHub) New
Université d’Ottawa - University of Ottawa
The old adage appears to ring true yet again: If it sounds too good to be true it probably is. Canada’s Competition Bureau (Bureau), which assists the Commissioner of Competition (Commissioner) in the administration and enforcement of the Competition Act (Act), announced on 28 October 2019 that (...)

Unilateral Practices

The Indian Competition Authority closes a case of alleged abuse of dominance by the Indian state broadcaster and the Ministry of Information and Broadcasting (Next Radio / Prasar Bharti / Ministry of Information and Broadcasting) New
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
The CCI closed a case of alleged abuse of dominance by Indian state broadcaster Prasar Bharti and the Ministry of Information and Broadcasting (Opposite Parties). [1] Two private broadcasters complained that the Opposite Parties had abused their dominance in the market for the provision of (...)

The Indian Competition Authority dismisses a complaint by a fintech company for becoming dominant in the market after purchasing a technology provider in the financial services industry (Satyen Narendra Bajaj / PayU) New
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
It is trite law that, while the Competition Act prohibits an abuse of a dominant position, the mere existence of a dominant position with no evidence of abuse is not prohibited. This was made clear by the CCI in dismissing a complaint that PayU, a fintech company that provides payment (...)

The Belgian Competition Authority imposes interim measures against a sport’s association because of its anticompetitive rules (Belgian Bumper Pool Association) New
Belgian Competition Authority (Brussels)
Interim measure imposed on the Belgian Bumper Pool Association concerning the bumper pool balls that may be played with in competitions and matches* At the request of HCSB BVBA (manufacturer of bumper pool balls), the Competition College of the Belgian Competition Authority (BCA) has imposed (...)

The French Competition Authority rejects a request for interim measures against a dominant telecom company accused of denying access to its fibre-to-the-premises infrastructure (AOTA / Orange) New
French Competition Authority (Paris)
Orange activated fibre offer: the Autorité rejects the complaint of AOTA* The Autorité de la concurrence rejects the AOTA’s complaint regarding Orange’s practices for lack of evidence. The Autorité also announces the launching of an exploratory investigation into the business telecoms market. The (...)

The French Competition Authority finds that a non-notifiable acquisition does not amount to an abuse of dominant position in the broadcasting market (Towercast / Itas / TDF) New
Van Bael & Bellis (Brussels)
On 16 January 2020, the French Competition Authority (the “FCA”) handed down a decision in which it found that mergers and acquisitions did not amount to an abuse of a dominant position. In the case at hand, Towercast (a company active on the market of terrestrial broadcasting in France) (...)

The Indian Competition Authority opens an investigation into allegations that a paint sector undertaking threatened anticompetitive actions against dealers who sought to partner with the complainant (JSW Paints / Asian Paints) New
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The CCI directed the DG to investigate allegations that Asian Paints had abused its dominant position in decorative paints by threatening dealers who sought to partner with the complainant, JSW Paints. [1] The CCI found prima facie that Asian Paints was dominant given its above 50% market (...)

The California Attorney General announces a $575 million settlement with the largest hospital system in Northern California (Sutter) New
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Washington)
CALIFORNIA ATTORNEY GENERAL ANNOUNCES HISTORIC $575 MILLION SETTLEMENT OF ANTITRUST SUIT AGAINST SUTTER HEALTH * California Attorney General Xavier Becerra (AG Becerra) announced on Friday, December 20, 2019, the terms of a comprehensive settlement agreement reached with Sutter Health (...)

The Turkish Competition Authority experts impose administrative fines on undertakings in order to ensure the protection of competition (Google) New
Erdem & Erdem (Istanbul)
Introduction The Law on Protection of Competition (“Law No. 4054”) outlines the Competition Board’s (“Board”) and the Competition Authority’s experts’ powers while implementing their duties to ensure the protection of competition. Accordingly, Law No. 4054 imposes several types of administrative (...)

The Italian Competition Authority opens an abuse of dominance investigation into orphan drugs pricing (Leadiant Biosciences / Farmaco per la cura della Xantomasi cerebrotendinea) New
Desogus Law Office (Cagliari)
On 8 October 2019 the Italian Competition Authority (ICA) has opened an Article 102 TFEU investigation against several pharmaceutical companies belonging to the Leadiant group. The ICA’s attention was drawn by the selling prices applied by the parties to an orphan drug because it feared that (...)

Mergers

The Competition Commissioner Margrethe Vestager takes the stage at the GCLC Annual Conference to discuss her vision for fairness and competition policy New
FTI Consulting (London)
In January 2018 Competition Commissioner Margrethe Vestager took the stage at the GCLC Annual Conference to discuss her vision for fairness and competition policy. Most notable were her points about the role of internal documents in merger clearance investigations. Her statement, “internal (...)

The Dutch Competition Authority clears a merger between two data center companies (InterXion / Digital Reality) New
Netherlands Authority for Consumers & Markets (The Hague)
ACM clears acquisition of InterXion by Digital Realty* The acquisition of InterXion by data center Digital Realty has been cleared. Both companies commercially exploit data centers in major cities around the world, including Amsterdam. The Netherlands Authority for Consumers and Markets (ACM) (...)

The Croatian Competition Authority clears a merger in the pay television transmission services market (Slovenia Broadband / Tele2) New
Croatian Competition Agency (Zagreb)
Slovenia Broadband and Tele2 merger approved* In the assessment procedure of the concentration between the undertakings Slovenia Broadband and Tele2 the CCA took into account all relevant facts, the results of the legal and economic analysis and the effects of the vertical concentration on (...)

The US FTC announces the revised merger notification thresholds New
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On January 28, 2020, the Federal Trade Commission (FTC) announced the revised thresholds for determining whether companies are required to notify federal antitrust authorities about a transaction under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). If a proposed (...)

The US FTC announces the revised merger notification thresholds New
Shearman & Sterling (Washington)
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Shearman & Sterling (New York)
,
Shearman & Sterling (New York)
On January 28, 2020, the U.S. Federal Trade Commission (FTC) announced the annual changes to the thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”). The new size of transaction threshold is $94 million. The new HSR Act thresholds will go into (...)

The US FTC announces its annual update on the HRS for premerger notification filings and interlocking directorates New
Cadwalader Wickersham & Taft (New York)
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Cadwalader Wickersham & Taft (New York)
FTC ANNOUNCES 2020 THRESHOLDS FOR MERGER CONTROL FILINGS UNDER HSR ACT AND INTERLOCKING DIRECTORATES UNDER THE CLAYTON ACT* The Federal Trade Commission (“FTC”) has announced its annual revisions to the dollar jurisdictional thresholds in the Hart-Scott-Rodino Antitrust Improvements Act of 1976, (...)

The US FTC revises the thresholds for the HSR pre-merger notification New
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
NOTIFICATION THRESHOLD UNDER THE HART-SCOTT-RODINO ACT INCREASED TO $94 MILION* The US Federal Trade Commission today announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 and for determining whether parties trigger the prohibition against interlocking (...)

The French Competition Authority clears a merger in the newspaper market (Groupe Nice Matin / NJJ)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of Groupe Nice Matin by NJJ, controlled by Xavier Niel* The Autorité de la concurrence examined the acquisition of sole control of the Nice Matin newspaper group (GNM), which publishes the Nice-Matin, Var-Matin and Monaco-Matin newspapers, by (...)

The Mexican Competition Authority informs that concentration notifications may only be filed electronically New
Mexican Competition Authority (Mexico City)
As of January, concentration notifications may only be filed through electronic means* As of January 24, notification of concentrations that COFECE must review by law, will only be received through the Electronic Procedure System at the Commission’s website. This measure simplifies the (...)

The French Competition Authority clears a merger in the distribution of frozen food products market (Picard Group / Zouari family/ Lion Capital) New
French Competition Authority (Paris)
Distribution of frozen food products* The Autorité de la concurrence clears the joint takeover of Picard Group by the Zouari family and Lion Capital. The Zouari family, together with Lion Capital investment fund, notified the Autorité de la concurrence of its plan to acquire joint control of (...)

The Belgian Competition Authority imposes interim measure suspending the implementation of the shareholders agreement and the radio access network sharing agreement in the telecommunications market (Telenet / Orange Belgium / Proximus)
Belgian Competition Authority (Brussels)
Interim measure imposed on Orange and Proximus in respect of the joint venture for the sharing of the mobile radio access networks* The Competition College of the Belgian Competition Authority (BCA) has at the request of Telenet Group NV and Telenet BVBA (Telenet) imposed on 8 January 2020 an (...)

The US FTC and DoJ update the vertical merger guidelines New
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
FTC AND DOJ DRAFT VERTICAL MERGER GUIDELINES PROVIDE ADDITIONAL TRANSPARENCY TO AGENCY PRACTICE* For the first time since the Department of Justice Antitrust Division (DOJ) published non-horizontal merger guidelines in 1984, the DOJ and Federal Trade Commission (FTC) issued updated Vertical (...)

The US FTC and the US DoJ release a joint draft on vertical merger guidelines for public comment New
Shearman & Sterling (Washington)
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Shearman & Sterling (Washington)
,
Shearman & Sterling (Washington)
On Friday, the Federal Trade Commission (“FTC”) and the Antitrust Division of the U.S. Department of Justice (“DOJ”) released joint draft Vertical Merger Guidelines (“Guidelines”) for public comment. This much anticipated revision to the Guidelines, which had not been updated in more than 35 years, (...)

The EU Commission conditionally clears a merger in the pharmaceutical sector (AbbVie / Allergan) New
Van Bael & Bellis (Brussels)
On 10 January 2020, the European Commission approved AbbVie’s acquisition of its rival Allergan, subject to the divestment of one of Allergan’s pipeline inflammatory bowel disease (IBD) drugs. Both companies are global pharmaceutical producers with innovative product portfolios covering, among (...)

The EU Commission clears a merger subject to remedies in the pharmaceutical sector (AbbVie / Allergan)
DG COMP (Brussels)
Mergers: Commission approves AbbVie’s acquisition of Allergan, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Allergan by AbbVie. The approval is conditional on the divestment of a product under development by Allergan to (...)

The US Doj and FTC issue draft vertical merger guidelines New
Jones Day (Washington DC)
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Jones Day (Washington DC)
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Jones Day (Sillicon Valley)
Last week, the U.S. Department of Justice ("DOJ") and Federal Trade Commission ("FTC") issued draft Vertical Merger Guidelines. Vertical mergers combine two or more companies operating at different levels of a supply chain for a related product, e.g., windshields and cars. This is the first (...)

The UK Competition Authority cancels its phase II investigation following an abandon merger in the DNA sequencing systems market (Illumina / PacBio)
British Competition Authority - CMA (London)
Illumina/PacBio abandon merger* Illumina has abandoned its anticipated $1.2 billion takeover of PacBio after an in-depth CMA merger probe highlighted serious competition concerns. The Competition and Markets Authority (CMA) has therefore today confirmed that it will be cancelling its Phase 2 (...)

The US FTC files an administrative complaint challenging consummated acquisition and non-reportable transactions in the body-worn camera market (Axon / Safariland) New
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
FTC CHALLENGES AXON’S CONSUMMATED ACQUISITION OF BODY-WORN CAMERA COMPETITOR* The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of (...)

The Bulgarian Competition Authority introduces simplified and more extensive merger filing process in its merger guidelines New
Druzhestvo Stoyanov & Tsekova in cooperation with Schoenherr (Sofia)
Introduction On 1 January 2020 the Commission for the Protection of Competition (CPC) introduced new merger filing guidelines. The former guidelines – which applied for over 10 years – did not differentiate between transactions (eg, simple and complex), despite potential competition concerns. (...)

The German Competition Authority conducts parallel investigation into potential for cartelization and merger review proceedings resulting in a conditional approval of the joint venture (Telekom / EWE) New
Van Bael & Bellis (Brussels)
Telekom and EWE, two of Germany’s largest telecommunications companies, sought to form a joint venture (JV) to expand the fire-optic broadband network in north-western Germany. On 21 March 2019, the German Federal Cartel Office (FCO) launched two sets of parallel proceedings: an investigation (...)

The Dutch Competition Authority confirms the commitment to dissolve the joint venture by two port towing undertakings (Port Towage Amsterdam) New
Bird & Bird (The Hague)
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Bird & Bird (The Hague)
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Bird & Bird (The Hague)
PORT TOWING JOINT VENTURE DISSOLVED AFTER INVESTIGATION BY THE DUTCH COMPETITION AUTHORITY: FULL-FUNCTIONALITY QUESTIONED* Background On 20 December 2019, the Dutch Authority for Consumers & Markets (ACM) published a decision in which the commitment to dissolve the joint venture Port (...)

The Brazilian Competition Authority’s Tribunal discusses the possibility of increasing the legal limits for fines in gun jumping cases (IBM / Red Hat) New
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
IBM Red Hat case triggers discussion on gun jumping fine* CADE’s Tribunal debates changing the limits for fines, which would be currently outdated for high-value transactions. In the context of an Administrative Proceeding to Investigate a Merger (APAC, in its Portuguese acronym), CADE’s (...)

The Indian Competition Authority imposes a penalty on an undertaking which only notified the first acquisition of an energy company without doing so for the subsequent acquisitions (CPPIB / ReNew Power) New
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
Where a transaction qualifies as a notifiable combination, the notifying party/parties must also notify any inter- connected transactions, even where they are not in themselves notifiable. Failure to do so can result in penalties under Section 43A of the Competition Act for failure to notify. (...)

The Italian Competition Authority conditionally clears a merger in the market for distribution of natural gas (Rami Distribuzioni) New
Desogus Law Office (Cagliari)
With a II-Phase conditional clearance decision, the Italian Competition Authority (ICA) has closed the review of the merger notified in the Rami Distribuzioni case. The ICA had concerns that the merger might negatively affect competition in the market for the distribution of natural gas. (...)

The Indian Competition Authority clears an acquisition by automobile manufacturers of small shareholdings in a ride-sharing company (ANI / OLA) New
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The CCI cleared the proposed acquisition by automobile manufacturers Hyundai and Kia of small shareholdings in ride-sharing company ANI Technologies (ANI/OLA) and its electrical vehicles arm, Ola Electric Mobility (OEMPL), together with strategic cooperation in various areas. The CCI (...)

The Indian Competition Authority approves an acquisition of shares totaling 25% in an auto solutions company by an auto manufacturing company (TVS Automobile Solutions / Mitsubishi) New
Vaish Associates (New Delhi)
CCI approves acquisition of shares of TVS Automobile Solutions Pvt. Ltd by Mitsubishi* By way of order dated 06.09.2019, the Commission has approved the acquisition of shares of TVS Automobile Solutions Pvt. Ltd (“TVS”) by Mitsubishi Corporation (“Mitsubishi”) by way of subscription as well as (...)

Procedures

The US DoJ convicts a foreign executive following extradition proceedings for price fixing (Ullings) New
Morgan Lewis (Sillicon Valley)
Dutch national Maria Christina “Meta” Ullings was extradited from Italy to the United States on January 10. Ullings previously served as the senior vice president of cargo sales and marketing for Martinair N.V. (Martinair Cargo). On September 21, 2010, Ullings was originally charged in a public, (...)

The US District Court of Arizona receives a complaint challenging the constitutionality of the FTC’s administrative process in merger review (Axon / FTC)
Sheppard Mullin (Washington)
,
Sheppard Mullin (San Francisco)
AXON SUES FTC OVER USE OF ADMINISTRATIVE ADJUDICATION IN MERGER INVESTIGATIONS * On January 3, 2020, Axon Enterprises Inc. filed a complaint against the Federal Trade Commission in the United States District Court for the District of Arizona challenging the constitutionality of the FTC’s (...)

The Brazilian Competition Authority considers using a new economics test with Moran’s I statistic to detect collusive behavior between competitors bidding in public procurement auctions New
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
New cartel screening tool may enhance investigations by CADE* A new working paper published by the authority explores the possibility of applying statistics to public procurement auctions. CADE’s Department of Economic Studies (DEE) released, in December, a working paper discussing the (...)

The US DoJ files a motion clarifying certain provisions and extends the consent decree due to violations of the final judgement in the entertainment sector (Ticketmaster) New
Wolters Kluwer (Riverwoods)
US MOVES TO MODIFY, EXTEND ANTITRUST CONSENT DECREE WITH LIVE NATION / TICKETMASTER* Consent decree reform has been a hallmark of the Makan Delrahim Antitrust Division. For two years, the head of the Department of Justice Antitrust Division has undertaken efforts to terminate legacy consent (...)

Regulatory

The Indian Competition Authority releases a market study on e-commerce New
National Law University (Punjab)
Introduction In April 2019, the Competition Commission of India (“Commission”) had announced a market study into the functioning of ‘E-Commerce’ in India. The focus area of the study was to gather information relating to “trends, practices and issues” which are relevant to the fair and competitive (...)

The UK CMA publishes guidance on how Brexit will affect the CMA’s powers and processes for antitrust enforcement and merger control during the transition period New
Baker McKenzie (London)
THE PRACTICAL ANTITRUST IMPLICATIONS OF TOMORROW: BREXIT DAY* As you are aware, the UK will be leaving the EU this Friday 31 January (Exit Day). The CMA has published guidance on how Brexit affects the CMA’s powers and processes for antitrust enforcement and merger control during the Transition (...)

The French Competition Authority issues a study on behavioural remedies in competition law
French Competition Authority (Paris)
The Autorité de la concurrence publishes a new study on Behavioural remedies in competition law* In 2018, together with La Documentation française, the Autorité created a new collection, Les Essentiels, to further understanding of competition. After an initial study on loyalty rebates (2018), it (...)

The German Competition Authority issues a study on algorithms and competition
German Competition Authority (Bonn)
Bundeskartellamt publication on “Algorithms and Competition“* Bonn, 16 January 2020: As a follow up to its joint study with the French Autorité de la concurrence on Algorithms and Competition the Bundeskartellamt has published a new paper on this theme. The paper appears in the Bundeskartellamt’s (...)

The UK CMA publishes a report on the UK’s current regulatory environment and its effect on competition New
Van Bael & Bellis (Brussels)
On 10 January 2020, the Competition and Markets Authority (the “CMA”) published a report on the UK’s current regulatory environment and its effect on competition (the “Report”). The Report indicates that existing regulation poses potentially large risks to competition and may well be skewed towards (...)

The Indian Competition Authority publishes a market study on e-commerce platforms New
Trilegal (Mumbai)
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Trilegal (Mumbai)
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Trilegal (Mumbai)
The growth of e-commerce and online marketplaces has had a significant impact on businesses and consumer behaviour. Competition authorities worldwide are increasingly focused on assessing competition concerns on online platforms, including United Kingdom (UK), Australia, the European Commission (...)

The Indian Competition Authority publishes a report on its market study on e-Commerce in India and focuses on the three broad categories of e-commerce in consumer goods, accommodation services, and food services New
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (Mumbai)
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Shardul Amarchand Mangaldas (New Delhi)
The CCI published a report on its Market Study on E-Commerce in India. The Study focused on the three broad categories of e-commerce in consumer goods, accommodation services and food services. After giving an overview of trends in and features of e-commerce, the CCI identified and discussed (...)

The Chinese State Administration for Market Regulation releases a draft with proposed amendments to the Chinese Anti-Monopoly Law New
Hogan Lovells (Beijing)
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Hogan Lovells (Beijing)
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Hogan Lovells (Hong Kong)
CHINA TABLES FIRST SET OF AMENDMENTS TO THE ANTI-MONOPOLY LAW* On 2 January 2020, China’s antitrust authority – the State Administration for Market Regulation (’SAMR’) – released a draft proposing amendments to the main antitrust statute in China, the Anti-Monopoly Law (’AML’), for public (...)

The Chinese State Administration for Market Regulation releases its draft proposing amendments to the Chinese Anti-Monopoly Law New
Dacheng - Dentons (Beijing)
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Dacheng - Dentons (Shanghai)
On 2 January 2020, the State Administration for Market Regulation of China (“SAMR”) released a draft of the proposed amendment to the Anti-Monopoly Law of China (“Draft Amendment”) to solicit public comments from different sectors of society. It indicates that after twelve years, at the beginning (...)

The Brazilian Securities & Exchange Commission opens public hearing to discuss the possibility of multiple stock exchanges in the country following discussions by the Competition Authority about this possibility in a number of recent proceedings New
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
CADE’s analysis influence CVM debate regarding competition in the securities market* CVM has opened a public hearing to discuss the possibility of multiple stock exchanges in Brazil after the antitrust authority’s debates. In light of the discussions held by Cade in a number of antitrust (...)

Public sector

The Swedish Competition Authority publishes a report analysis on the number of bidders and the level of litigation in Swedish public procurement New
Swedish Competition Authority (Stockholm)
A new research report analyses the number of bidders and the level of litigation in Swedish public procurement* The focus of the report is to identify key determinants of competition and litigation in Swedish public procurement and provide some guidelines to support the contracting authorities (...)

The Latvian Competition Authority publishes amendments to competition law which prohibit public administrative bodies to hinder, restrict or deform the competition New
Konkurences padome (Riga)
New framework of the competition law in Latvia against competition distortions created by public administrative bodies comes into force* On 1 January 2020, amendments to the Competition Law of the Republic of Latvia entered into force prohibiting public administrative bodies – the state, local (...)

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