Bulletin
Latest News issue: May 2020 - II

Anticompetitive practices

The Portuguese Competition Authority imposes on the national football league a precautionary measure to suspend its no-poaching agreement, invoking issues caused by the COVID-19 pandemic (Portuguese Professional Football League) New
Portuguese Competition Authority (Lisbon)
Covid - 19: AdC imposes precautionary measure on the Portuguese Football League that suspends no-poach agreement* The AdC ordered the Portuguese Professional Football League (LPFP in Portuguese) to immediately suspend the no-poach agreement, an agreement to not recruit or hire another clubs’ (...)

The Lithuanian Competition Authority warns travel organizers not to interfere with travel agencies’ pricing or discount decisions New
Lithuanian Competition Authority (Vilnius)
Konkurencijos taryba warns travel agencies to refrain from anti-competitive behaviour* The Lithuanian competition authority Konkurencijos taryba responded to information on social media and warned travel agencies that their actions may be viewed as anti-competitive when some of them requested (...)

The Portuguese Competition Authority issues guidance aimed at 3 business associations in the pharmaceutical and financial sectors reaffirming the need to apply competition rules during the COVID-19 pandemic (National Association of Pharmacies / Portuguese Banking Association / Association of Specialized Credit Institutions) New
Portuguese Competition Authority (Lisbon)
Covid-19: AdC warns associations of the need to comply with competition rules* The Competition Authority (AdC) issued guidance aimed at three business associations in the pharmaceutical and financial sectors, in the context of the Covid-19 pandemic, reaffirming the need to apply competition (...)

The Turkish Competition Authority initiates its first pandemic related investigation against 29 undertakings operating in the different levels of food and cleaning/hygiene products market and announces that it will investigate the pricing behaviours New
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
The Turkish Competition Authority (“TCA”) on March 23, 2020 gave its heads up to undertakings that it was “closely following the price increases”, which it referred to as “opportunistic” during the pandemic . As such, the TCA warned in its announcement that it will impose the highest fines allowed by (...)

The New Zealand Competition Authority issues guidance on business collaboration during COVID-19
New Zealand Commerce Commission
COVID-19: Commission issues guidance on business collaboration* The Commerce Commission has issued guidance on how it is assessing business collaborations that are being entered into in response to COVID-19. Commission Chair Anna Rawlings said the guidance aims to provide clarity and (...)

The US DoJ charges leading cancer treatment center with conspiring to allocate medical and radiation oncology treatments for cancer patients in Southwest Florida and enters a deferred prosecution agreement for the remainder of the cartel investigation (Florida Cancer Specialists & Research Institute) New
US Department of Justice - Antitrust Division (Washington)
Leading Cancer Treatment Center Admits to Antitrust Crime and Agrees to Pay $100 Million Criminal Penalty* Florida Cancer Specialists & Research Institute LLC (FCS), an oncology group headquartered in Fort Myers, Florida, was charged with conspiring to allocate medical and radiation (...)

The Turkish Competition Authority investigates the RPM allegations against leading energy drink company and decides to close its in-depth investigation without imposing any administrative fine (Red Bull) New
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
In 21 April 2020, the Turkish Competition Authority (“TCA”) published its reasoned decision on resale price maintenance and de facto exclusivity conducts focusing on the practices carried by Red Bull Gıda Dağıtım ve Pazarlama Tic. Ltd. Şti. (“Red Bull”) Resale price maintenance and exclusionary (...)

The US DoJ allows an association of competing production companies to operate an online platform for offering their services with safeguards in place to avoid potential for anticompetitive conduct (Association of Independent Commercial Producers) New
US Department of Justice - Antitrust Division (Washington)
Justice Department Issues Business Review Letter to the Association of Independent Commercial Producers* The Department of Justice announced today that it will not challenge a proposal by the Association of Independent Commercial Producers (AICP) to operate an online platform for advertisers (...)

The German Competition Authority discontinues its administrative proceeding against 2 TV broadcasters who secured exclusive rights to Champions League broadcast because of new market entrants and the unpredictability of football season due to COVID-19 (Sky / DAZN)
German Competition Authority (Bonn)
Proceeding against Sky and DAZN discontinued – Award procedure relating to Champions League broadcasting rights* Today, the Bundeskartellamt discontinued its proceeding against Sky Ltd., London, and DAZN Group Ltd., London, for discretionary reasons; the proceeding had been conducted due to (...)

The US FTC adds 6 State Attorneys General as new co-complainants in suit against anticompetitive scheme to protect list-price increase of more than 4,000 percent for life-saving drug Daraprim (Vyera Pharmaceuticals / Martin Shkreli / Phoenixus / Kevin Mulleady)
US Federal Trade Commission (FTC) (Washington)
Six More States Join FTC and NY Attorney General’s Case Against Vyera Pharmaceuticals, Martin Shkreli, and Other Defendants* Defendants engaged in anticompetitive scheme to protect list-price increase of more than 4,000 percent for life-saving drug Daraprim The Federal Trade Commission has (...)

The Dutch Competition Authority urges the national association of notaries to remove prohibited recommendations about price from its information materials for members (Royal Dutch Association of Civil-law Notaries) New
Netherlands Authority for Consumers & Markets (The Hague)
Dutch trade association of civil-law notaries to adjust information on passing on fees* The Netherlands Authority for Consumers and Markets (ACM) has urged the Royal Dutch Association of Civil-law Notaries (KNB) to adjust the information about passing on a fee for the ’Notarial Quality Fund (in (...)

The Chilean Supreme Court upholds a landmark decision by the Competition Tribunal condemning the country’s three largest supermarkets for conspiracy in fixing minimum resale prices of poultry (Walmart / Cencosud / SMU)
Garrigues (Provincia)
The Chilean Supreme Court recently upheld a landmark decision by the Competition Tribunal (“TDLC”) in Fiscalía Nacional Económica en contra de Cencosud S.A. y otras, Rol C-304-2016, condemning the country’s three largest supermarkets chains for having engaged in a conspiracy to fix minimum resale (...)

The EU Commission publishes its first comfort letter in an effort to foster cooperation among businesses in the pharmaceutical sector during COVID-19 pandemic New
Morgan Lewis (London)
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Morgan Lewis (Brussels)
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Morgan Lewis (Brussels)
The European Commission published its first comfort letter in nearly 20 years on April 29, in an effort to foster cooperation among businesses during the coronavirus (COVID-19) pandemic. Here is what companies should know about the specific practices permitted under the comfort letter, as well (...)

The Czech Constitutional Court repeals the Act on significant market power which protected food suppliers from unfair practices by big retail chains on the basis of discrimination and unconstitutionality New
Bird & Bird (Czech Republic)
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Bird & Bird (Czech Republic)
Back in 2016 and 2017, two different groups of senators proposed that the Constitutional Court repeal the Czech Act No. 395/2009 Coll., on Significant Market Power ("Act"), or at least some parts of it. In general, the Act protects food suppliers from unfair practices by big retail chains. (...)

The EU Court of Justice emphasises the need for a case and context-specific evaluation of ’by object’ restrictions and provides guidance on what sort of evidence is relevant, in a multilateral interchange fee credit card transaction (Budapest Bank)
Hogan Lovells (Munich)
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Hogan Lovells (Munich)
I. Introduction On 2 April 2020, the Court of Justice of the European Union ("CJEU") delivered its judgment in Budapest Bank, another key ruling on the assessment of 'by object' restrictions of competition within the meaning of Article 101(1) TFEU. With this judgment, the (...)

The EU Court of Justice confirms the limitations that apply before courts are able to classify anticompetitive agreements as a restriction of competition by object under Art 101 TFEU in a multilateral interchange fee credit card transaction (Budapest Bank)
Ashurst (London)
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Ashurst (London)
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Ashurst (Brussels)
On 2 April 2020, the European Court of Justice ("ECJ") delivered its judgment in Budapest Bank on a reference for a preliminary ruling from Hungary’s highest court. The judgment confirms the important limitations that apply before competition authorities and courts are able classify (...)

The EU Court of Justice ascertains whether the multilateral interchange fee set by the banks for credit card transactions with a merchant pursued no objective other than a simple price increase (Budapest Bank)
Van Bael & Bellis (Brussels)
On 2 April 2020, the Court of Justice of the European Union (the “Court of Justice”) delivered a preliminary ruling in which it provided clarifications and guidance to the Kúria (Supreme Court of Hungary) on the distinction between restrictions of competition “by object” and “by effect” under (...)

The Bulgarian Competition Authority announces it will focus on allowing and monitoring collaborations among competitors in the markets for public health products, pharmaceuticals, food, and commerce important for fighting the COVID-19 outbreak
Bulgarian Commission for the Protection of Competition (Sofia)
Message by the CPC on the application of antitrust rules in the state of emergency situation concerning COVID-19* The Commission for protection of competition supports the joint position of the European Commission and the national competition authorities within the European Competition Network (...)

The Italian Competition Authority launches an investigation and opens sub-proceedings for potentially ordering interim measures against two companies providing products for the prevention of contagion COVID-19 to consumers resident in Europe (ContextLogic / Wish)
Italian Competition Authority (Rome)
PS11734 - ANTITRUST: PROCEEDINGS INITIATED AGAINST THE WWW.WISH.COM PLATFORM* On 31 March, the Authority launched an investigation and opened a sub-proceedings for ordering, if necessary, an interim measure against ContextLogic Inc, the US company that owns the www.wish.com platform and its (...)

The Mexican Competition Authority warns the National Association of Real Estate Developers to avoid possible agreements between competitors during the COVID-19 pandemic (ADI Mexico)
Mexican Competition Authority (Mexico City)
COFECE warns the National Association of Real Estate Developers to avoid possible agreements between competitors in this market* The Association has promoted among its members the granting of discounts to tenants, which could infringe the LFCE if these discounts are established or fixed (...)

The Lithuanian Competition Authority invites competing businesses planning to cooperate during the COVID-19 pandemic to contact the Authority and the EU Commission for guidance about their cooperation intentions
Lithuanian Competition Authority (Vilnius)
European Commission and EU competition authorities encourage companies to seek guidance on cooperation initiatives* Businesses are currently facing particular challenges due to the coronavirus crisis, which may encourage companies to cooperate with each other in order to overcome the negative (...)

The Mexican Competition Authority warns the National Chamber of the Sugar and Alcohol Industry that increases in alcohol prices may be caused by anticompetitive agreements between economic agents which is especially problematic with increased demand for pure alcohol products by healthcare providers during the COVID-19 pandemic
Mexican Competition Authority (Mexico City)
COFECE warns the National Chamber of the Sugar and Alcohol Industry that increases in alcohol prices, alcohol products and other inputs for its production, may be caused by agreements between economic agents* Prices established by each producer of alcohol and the inputs required for its (...)

The German Competition Authority fines technical building service providers for bid-rigging (Caverion Deutschland)
German Competition Authority (Bonn)
Bundeskartellamt / Cartel prosecution* Bundeskartellamt finalized fines proceedings against providers of technical building services Bonn, 27 March 2020: In December 2019 the Bundeskartellamt has finalised the fines proceedings against eleven technical building service providers. The (...)

The UK Government publishes an Order to the Competition Act in order to exclude certain arrangements in the healthcare sector to tackle the COVID-19 pressures
Hill Dickinson (Leeds)
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Hill Dickinson (London)
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Hill Dickinson (Leeds)
Healthcare providers - suspension of competition law provisions to tackle coronavirus pressures* To ensure that healthcare providers can work together effectively to tackle the coronavirus pandemic, an order has been made to exclude certain arrangements within the healthcare sector from (...)

The UK Secretary of State announces temporary competition law arrangements in the groceries sector
RPC (London)
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RPC (London)
COVID-19 - The Groceries Sector: Temporary Competition Law Exemption Comes into Force* In light of "exceptional and compelling reasons of public policy" arising from the Covid-19 pandemic, the Secretary of State (the "SoS") has announced temporary competition law arrangements in the groceries (...)

The Lithuanian Competition Authority ends its investigation into alleged anti-competitive agreement in the household manufacturing sector (Tikkurila, Tikkurila/Kesko Senukai Lithuania/Kesko Senukai Digital/ Ermitažas/DAW Lietuva/Topcolor)
Lithuanian Competition Authority (Vilnius)
KONKURENCIJOS TARYBA HASN’T SPOTTED ANTI-COMPETITIVE AGREEMENTS BETWEEN CONSTRUCTION, REPAIR AND HOUSEHOLD PRODUCT MANUFACTURERS AND SELLERS* Konkurencijos taryba has terminated investigation into the alleged anti-competitive agreement among 7 Lithuanian and Latvian companies engaged in the (...)

The US DoJ and FTC announce their aim to respond within one week to COVID-19 collaborative proposals submitted following the agencies’ respective processes
Morgan Lewis (Washington)
The US Federal Trade Commission and the Antitrust Division of the US Department of Justice have announced that they aim to respond within one week to coronavirus (COVID-19) collaborative proposals submitted pursuant to the agencies’ respective processes. In a joint statement issued March 24, (...)

The Portuguese Competition Authority follows the European Competition Network and announces a tolerance policy to the cooperation between undertakings during the COVID-19 crisis New
Vieira de Almeida (Lisbon)
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Vieira de Almeida (Lisbon)
Coronavirus | Portugal- Impact on the enforcement of competition law* Do national and EU rules on competition law remain in force, during the period of crisis caused by the COVID-19 outbreak? Competition law rules remain in force, there have been no national or EU legislative measure ordering (...)

The Danish Competition Authority reminds companies that competition law remains in force and will be enforced during the COVID-19 outbreak
Gorrissen Federspiel (Copenhagen)
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Gorrissen Federspiel (Copenhagen)
As the COVID-19 pandemic spreads across Denmark, merger control has come to a temporary standstill and significant parts of the country’s public administration have already been shut down for three weeks; however, the Danish competition authorities are adamant that competition law remains in (...)

The French Competition Authority imposes fines totalling €462,000 on five moving companies operating in the French overseas for colluding in the provision of moving services to the French Army (AGS Réunion / Océan Indien / DEM Austral Transdem / T2M)
Van Bael & Bellis (Brussels)
On 23 March 2020, the French Competition Authority (“FCA”) imposed fines totalling € 462,000 on five moving companies operating in the French overseas territory of Réunion for having colluded in the provision of moving services to the French army between Réunion and the French mainland. The (...)

The French Competition Authority fines five companies in La Réunion for engaging in concerted practices in the home removals market (AGS Réunion / DEM Austral / T2M / A.T. Océan Indien / Transdem)
French Competition Authority (Paris)
Home Removals: the Autorité de la concurrence fines five companies in La Réunion for engaging in concerted practices.* Background Following a report by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) and an investigation, the Autorité hands out fines (...)

The Hong Kong Competition Authority takes textbook cartel case to Competition Tribunal for price fixing during the COVID-19 pandemic (T.H. Lee Book Company / Commercial Press / Sino United Publishing / Mr. Hui)
Hong Kong Competition Commission
The Competition Commission (“Commission”) has today commenced proceedings in the Competition Tribunal (“Tribunal”) against three companies, namely T.H. Lee Book Company Limited, Commercial Press (Hong Kong) Limited and Sino United Publishing (Holdings) Limited (“Companies”); and an individual Mr. (...)

The German Competition Authority approves a joint sale of media rights of individual football matches by a central association (DLF)
Bird & Bird (Dusseldorf)
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Bird & Bird (Dusseldorf)
The Federal Cartel Office has approved the German Football League´s (“DFL”) marketing model for the transmission rights of the Bundesliga and Bundesliga 2 matches from the 2021/22 season onwards. DLF´s marketing model is based on the joint sale of media rights of individual football matches. Such (...)

The Canadian Competition Authority is scrutinising competition law compliance and companies taking advantage of consumers by engaging in price fixing and misleading claims about products during the COVID-19 outbreak
Cassels Brock (Toronto)
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Cassels Brock (Toronto)
The Competition Bureau is watching for evidence of companies taking advantage of consumers by making false or misleading claims about a product’s ability to combat COVID-19 or engaging in price fixing, the Commissioner of Competition warned in a recent statement. The Commissioner added that (...)

The UK Government and the Competition Authority adopt two recent measures against shortages and high prices during the COVID-19 outbreak
Greenberg Traurig (London)
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Greenberg Traurig (London)
The rapid spread of COVID-19 in the United Kingdom and the measures being implemented to counter the disease have resulted in an unprecedented surge of consumer demand for groceries and other essential supplies. Safeguarding consumers against shortages and high prices is at the heart of two (...)

The UK Government allows supermarkets to work together without infringing competition law during the COVID-19 outbreak
Cooley (London)
The COVID-19 outbreak is placing significant demands on the UK grocery sector. In particular, panic buying by consumers has led to empty shelves and increased pressure on the supply chain to replenish high demand items. This situation is being exacerbated by staff shortages, as employees (...)

The EU Commission vets public statements of Eurocommerce for the non-food retailers to take measures against the major crisis due to COVID-19
Hogan Lovells (Brussels)
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Hogan Lovells (Brussels)
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Hogan Lovells (Milan)
In the world of COVID-19, companies must not quarantine competition law compliance. Competition law will not be at the top of companies’ agendas today. COVID-19 presents companies with many challenges. Companies will be looking for whatever solutions they can find to deal with this crisis. But (...)

The Italian Competition Authority initiates a proceeding against the sale of a generic drug for the treatment of HIV infections sold as a remedy to fight the COVID-19 virus (Kaletra)
University of Turin
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University of Turin
1.Introduction The spread of the Covid-19 pandemic is unfortunately accompanied by the equally rapid one of unfair commercial practices in Italy. A worrying scenario, also for potential, serious effects on people’s health, on which the Italian Competition Authority (‘ICA’) continues to keep the (...)

The French Competition Authority fines a big tech company for engaging in anticompetitive agreements within its distribution network and abuse of a situation of economic dependency with regard to its premium independent distributors (Apple / Tech Data / Ingram Micro)
French Competition Authority (Paris)
Fines handed down to Apple, Tech Data and Ingram Micro* The Autorité de la concurrence hands out fines totalling €1,1 billion to Apple for engaging in anticompetitive agreements within its distribution network and abuse of a situation of economic dependency with regard to its “premium” (...)

The Portuguese Competition Authority warns all market participants that it will continue to stay vigilant against anticompetitive practices that exploit the special situation caused by the COVID-19 pandemic
Portuguese Competition Authority (Lisbon)
AdC assures vigilance of anticompetitive practices that exploit current situation* In times of great collective effort, the AdC wishes to assure that it remains particularly vigilant in its mission. This includes the detection of possible anticompetitive practices that exploit the current (...)

The French Competition Authority issues a fine totalling €1.1 billion on a big tech company for having implemented vertical agreements with certain of its distributors and for abuse of economic dependency against its independent premium resellers (Apple / Tech Data / Ingram Micro)
Ashurst (Paris)
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University Paris I Panthéon-Sorbonne
On 16 March 2020, the French Competition Authority ("FCA") announced that it had fined Apple EUR1.1 billion, the highest fine ever imposed to an undertaking, for having implemented vertical agreements with certain of its distributors and an abuse of economic dependency against its independent (...)

The French Competition Authority imposes a record-breaking fine of €1.1 billion on a big tech company for engaging in restriction of resale opportunities, coordinating on prices and imposing unfair terms on its retailers (Apple / Tech Data / Ingram Micro)
Van Bael & Bellis (Brussels)
According to a press release of 16 March 2020, the French Competition Authority (the “FCA”) imposed a record-breaking fine of € 1.1 billion on Apple for anticompetitive practices in the distribution of Apple products (excluding iPhones). These practices included: (i) restricting resale (...)

The French Competition Authority imposes a €1.1 billion fine on a big tech company who engaged in three anticompetitive practices with its distributors in the retail market for its products (Apple)
Bird & Bird (Paris)
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Bird & Bird (Paris)
On 16 March 2020, the French Competition Authority (FCA) imposed a €1.1 billion fine on Apple, the highest fine ever handed out to a company. The FCA considered that Apple had engaged in three anticompetitive practices with its distributors in the retail market for Apple products (excluding (...)

The Luxembourg Competition Authority declares that companies’ liability will not decrease during the COVID-19 crisis
Luxembourg Competition Council (Liège)
Coronavirus: the liability of undertakings does not decrease* As the administrative authority responsible for the proper functioning of markets, the Competition Council wants to ensure that companies do not abuse the current situation to the detriment of consumers or their competitors. (...)

The US DOJ warns businesses against price fixing, bid rigging, and market sharing in the manufacturing, distribution, and sale of public health products in the face of COVID-19 outbreak
US Department of Justice - Antitrust Division (Washington)
Justice Department Cautions Business Community Against Violating Antitrust Laws in the Manufacturing, Distribution, and Sale of Public Health Products* The Department of Justice today announced its intention to hold accountable anyone who violates the antitrust laws of the United States in (...)

The US DoJ announces its intention to hold accountable anyone who violates the antitrust laws of the United States in connection with the manufacturing, distribution, or sale of public health products following the COVID-19 outbreak
Eversheds Sutherland (New York)
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Eversheds Sutherland (Washington D.C.)
As we all respond to COVID-19 (the coronavirus), we should keep an eye on the responsive measures being taken by the US Department of Justice (DOJ), and consider how those measures might impact companies and individuals globally. The DOJ acts in several roles, including as a part of law (...)

The US DoJ publishes a statement cautioning that the antitrust laws remain in effect and agreements among competitors that set commercial terms may be illegal
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
Antitrust-Related Considerations Collaborations With Competitors Companies seeking to collaborate with competitors in response to the COVID-19 crisis must keep in mind, as the Department of Justice has recently cautioned, that the antitrust laws remain in effect, and agreements among (...)

The US DOJ and FTC publish a statement on the violation of antitrust laws in connection with the manufacturing, distribution, or sale of public health products during the COVID-19 situation
Sheppard Mullin (Washington)
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Sheppard Mullin (San Francisco)
DOJ and FTC To Focus On Antitrust and Consumer Protection Violations Relating to Coronavirus* The rapidly evolving COVID-19 (coronavirus) situation is impacting local and global companies, disrupting supply chains, creating volatility in the stock market, and causing great concern in local (...)

The US DoJ publishes a reminder that emergency efforts do not negate the requirement to adhere to the antitrust laws and the COVID-19 situation is not an opportunity to violate those laws
Epstein Baker Green (Washington DC)
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Epstein Baker Green (Washington DC)
As organizations are working to respond to the 2019 novel coronavirus (known as “COVID-19”), the U.S. Department of Justice (“DOJ”) issued a reminder that emergency efforts do not negate the requirement to adhere to the antitrust laws, and that the DOJ stands ready to respond to market participants (...)

The US DoJ signals it will step up enforcement in response to COVID-19 and will hold accountable anyone who violates the antitrust laws in connection with the manufacturing, distribution, or sale of public health products
Cooley (Washington)
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Cooley (San Francisco)
The DOJ’s Antitrust Division has signaled it will step up enforcement in response to COVID-19. While pandemics and Sherman Act investigations may not seem like the most intuitive pairing, it actually fits a historic pattern in which the DOJ ramps up antitrust enforcement during crises. There are (...)

The US DoJ and FTC warn companies and would-be scammers that they will use their consumer protection and competition enforcement powers to go after anyone trying to take advantage of the COVID-19 outbreak
Lowenstein Sandler (Washington)
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Lowenstein Sandler (Washington)
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Lowenstein Sandler (Washington)
COVID-19: The Reaction of U.S. Antitrust Agencies* COVID-19 has impacted nearly every aspect of American life right now, and there are myriad legal issues companies are facing from the pandemic’s fallout. These include antitrust considerations, ranging from potentially criminal conduct to (...)

The US DoJ charges 2 executives with conspiracy to rig bids and fix prices in the market for commercial flooring (Robert A. Patrey Jr. / Kenneth R. Smith) New
US Department of Justice - Antitrust Division (Washington)
Two Commercial Flooring Executives Plead Guilty to Rigging Bids in Violation of Federal Antitrust Laws* Two commercial flooring executives, Robert A. Patrey Jr. and Kenneth R. Smith, pleaded guilty for their role in an antitrust conspiracy to rig bids and fix prices for commercial flooring (...)

The US DoJ reiterates its focus on prosecuting violations of antitrust laws in areas affected by the COVID-19 outbreak and the criminal prosecution that can be faced
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Chicago)
The potential for government investigation increases during periods of rapid and extreme movement in price. The US Department of Justice (DOJ) recently reiterated its focus on prosecuting violations of antitrust laws, especially in areas affected by the coronavirus outbreak. On March 9, 2020, (...)

The US DoJ announces its intention to continue to hold businesses accountable for per se criminal violations of antitrust laws during the COVID-19 situation
Proskauer (Washington)
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Proskauer (London)
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Proskauer (Washington)
As businesses across the globe grapple with the changing realities presented by the COVID-19 pandemic, U.S. and international antitrust enforcers have warned that business should continue to mind the antitrust laws. Global enforcers are also focusing on the role competition laws play as (...)

The US Court of Appeals for the Seventh Circuit rules on the co-conspirator exception to the Illinois Brick rule against distributors in the healthcare market(Marion Healthcare / Becton Dickinson & Company)
Bona Law (San Diego)
The Seventh Circuit Explains the “Co-Conspiracy Exception” to the Illinois Brick Rule in Healthcare Antitrust Lawsuit* Antitrust law evolves in such a way that opinions from federal appellate courts are always interesting in how they affect the doctrine. But there are a select few judges who (...)

The UK Court of Appeal upholds the ruling of the UK Competition Appeal Tribunal in its schemes governing suppliers’ access to its infrastructure (Network Rail / RISQS)
Ashurst (London)
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Ashurst (London)
The Court of Appeal on 5 March 2020 handed down a judgment upholding the ruling of the Competition Appeal Tribunal ("CAT") of July 2019 which found Network Rail had infringed the Chapter I and II prohibitions of the Competition Act 1998 by requiring, in its schemes governing suppliers’ access to (...)

The Mexican Competition Authority issues its new regulatory provisions of the leniency and immunity program
Mexican Competition Authority (Mexico City)
COFECE issues Regulatory Provisions of the Leniency and Immunity Program* The Regulatory Provisions are legally binding and aimed at providing tat providing greater legal certainty on procedures related to the Leniency and Immunity Program Mexico City, March 4, 2020.- The Mexican Federal (...)

The US Washington State Attorney General announces a price gouging investigation in the wake of COVID-19 public health emergency
Office of the Attorney General - Washington State
AG FERGUSON STATEMENT ON PRICE GOUGING IN PUBLIC-HEALTH EMERGENCY* SEATTLE — Attorney General Bob Ferguson offers the following statement: “My office is investigating price gouging in the wake of the COVID-19 public health emergency. We do not identify the targets of our investigations, but we (...)

The Portuguese Competition Authority fines five companies and five board members or directors involved in a cartel in railway maintenance (Construções / Técnica Ferroviárias / Somafel / Engenharia e Obras Ferroviárias)
Portuguese Competition Authority (Lisbon)
AdC adopts sanctioning decision which concludes proceedings against railway maintenance companies with a total fine of €3.4 M and disqualification of participation in public tenders* The AdC (Portuguese Competition Authority) today adopted a sanctioning decision that concludes the process (...)

The UK Competition Appeals Tribunal rules on which part of the EU Commission’s settlement decision is binding on a defendant and that it is an abuse of process for defendants to deny in follow-on damages claims findings that are contained in settlements (DAF Trucks)
Hausfeld (London)
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Hausfeld (London)
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Hausfeld (London)
In an important judgment for follow- on damages claims, the Competition Appeal Tribunal has ruled that a number of findings made by the European Commission in its Trucks ‘settlement’ Decision are binding on the defendants and the Tribunal; and that, subject to limited exceptions, it is an abuse (...)

The California, New York and Washington Attorneys General announce their intent to take action against unfair "price gouging" and the US DOJ focuses on public health products during the COVID-19 situation
Paul Weiss (New York)
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Paul Weiss (New York)
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Paul Weiss (Washington)
State AGs Respond to COVID-19-Related “Price Gouging” and DOJ Antitrust Enforcement to Focus on Public Health Products* The outbreak and continued spread of a new strain of coronavirus, COVID-19, has led to surging demand for, and in some cases shortages in the supply of, a wide variety of (...)

The UK Competition Authority fines four pharmaceutical companies a total of £3,4 million for breaching competition law in relation to the supply of the antidepressant drug for market sharing and exchanging sensitive information (King Pharmaceuticals / Auden Mckenzie / Lexon / Alissa Healthcare)
Van Bael & Bellis (Brussels)
On 4 March 2020, the UK’s Competition and Markets Authority (“CMA”) fined four pharmaceutical companies a total of £ 3.4 million for breaching competition law in relation to the supply of the antidepressant drug nortriptyline. The companies involved in the infringement were King Pharmaceuticals, (...)

The US District Court for the Northern District of Georgia secures conviction against extradited foreign executive for conspiring to rig bids and allocate market for instrument panel clusters to automobile producers (Eun Soo Kim)
Morgan Lewis (Sillicon Valley)
Korean national Eun Soo Kim, a former key accounts manager for an automotive parts company, pled guilty on March 3 in the US District Court for the Northern District of Georgia to conspiring to rig bids and allocate market for instrument panel clusters to automobile producers. Kim admitted to (...)

The US DoJ charges extradited former automotive parts executive with for his role in an international market allocation and bid-rigging conspiracy involving the sale of instrument panel clusters to several automobile producers (Eun Soo Kim / Continental Automotive Korea) New
US Department of Justice - Antitrust Division (Washington)
Extradited Former Automotive Parts Executive Pleads Guilty to Antitrust Charge* Fugitive for Nearly Five Years, Extradited to the United States and Pleads Guilty to Antitrust Conspiracy Eun Soo Kim, a former key accounts manager for Continental Automotive Korea Ltd. and a Korean national, was (...)

The US DOJ reaches deferred prosecution agreement with pharma company fined a record criminal penalty for a domestic antitrust case (Sandoz)
US Department of Justice - Antitrust Division (Washington)
Major Generic Pharmaceutical Company Admits to Antitrust Crimes: Sandoz Inc. Agrees to Pay a $195 Million Criminal Penalty, the Largest for a Domestic Antitrust Case* Sandoz Inc., a generic pharmaceutical company headquartered in New Jersey, was charged for conspiring to allocate customers, (...)

The Spanish Competition Authority fines an electric company for organising bid rigging cartel in the market for supply and maintenance of weather radars (AEMET)
Ashurst (Madrid)
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Ashurst (Madrid)
The Spanish Competition Authority ("CNMC") has fined Schneider Electric Spain ("Schneider"), Adasa Sistemas ("Adasa") and DTN Services and Systems Spain ("DTN") a total of EUR 610,000 for organising a bid rigging cartel in the market for the supply and maintenance of weather radars tendered by (...)

The Italian Council of State reverses a banking cartel decision on account of the negligible competition impact (Raiffeisen) New
Desogus Law Office (Cagliari)
Determining the appeal claims lodged in the Raiffeisen case, the highest administrative court or Council of State (hereinafter the Court) has reversed a previous infringement decision made by the Italian Competition Authority (ICA). The Court found that the contested restrictive business (...)

Unilateral Practices

The Cypriot Competition Authority fines detergent seller €3.3M for abuse of dominance and obstruction of parallel imports of its products by competitors (Κ.A.C. Constantinides Trading / GPM-Henkel) New
Commission for the Protection of Competition of the Republic of Cyprus (Nycosia)
The Commission for the Protection of Competition has imposed on Henkel AG & Co. KGaA, jointly and severally with GPM-Henkel Ltd, a total administrative fine amounting to €3.302.000 (three million, three hundred and two thousand euro) for infringement of Section 6(1)(b) of the Law and the (...)

The US DoJ fines generic pharmaceutical company $24.1M for fixing price of widely used cholesterol medication and files for deferred prosecution agreement (Apotex) New
US Department of Justice - Antitrust Division (Washington)
Generic Pharmaceutical Company Admits to Fixing Price of Widely Used Cholesterol Medication* Apotex Corp. Agrees to Pay a $24.1 Million Criminal Penalty Apotex Corp., a generic pharmaceutical company headquartered in Florida, was charged with fixing the price of the generic drug pravastatin, (...)

The Dutch Competition Authority suspends enforcement proceedings against a national postal operator because the initiating competitor has since been acquired by the national postal operator, resulting in fundamental changes in market organization (PostNL / Sandd) New
Netherlands Authority for Consumers & Markets (The Hague)
ACM suspends enforcement proceedings against Dutch postal operator PostNL* The Netherlands Authority for Consumers and Markets (ACM) has decided to suspend its enforcement proceedings against Dutch postal operator PostNL, which had been initiated following a request for enforcement filed by (...)

The Croatian Competition Authority fines major milk processor and buyer for imposing unfair trading practices on milk suppliers (Vindija) New
Croatian Competition Agency (Zagreb)
Vindija d.d. sanctioned HRK 284,000 for imposing unfair trading practices on milk suppliers* The Croatian Competition Agency found that the milk processor and buyer Vindija seriously violated the Act on the prohibition of unfair trading practices in the business-to-business food supply chain (...)

The Chinese State Administration for Market Regulation fines three domestic pharmaceutical companies for abuse of dominance in the sale of injectable pharmaceutical ingredient (Kanghui / Puyunhui / Taiyangshen)
FenXun Partners (Beijing)
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Baker McKenzie (Beijing)
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Baker McKenzie (Beijing)
On 9 April 2020, China’s State Administration for Market Regulation (SAMR) fined three domestic pharmaceutical companies Shandong Kanghui Medicine Company Limited ("Kanghui"), Weifang Puyunhui Pharmaceutical Company Limited ("Puyunhui") and Weifang Taiyangshen Company Limited Pharmaceutical (...)

The Dutch Competition Authority expresses its satisfaction with commitments made by a pharmaceutical company regarding the supply of testing material for a drug test (Roche)
Van Bael & Bellis (Brussels)
On 3 April 2020, the Dutch competition authority (Autoriteit Consument en Markt or “ACM”) published a press release expressing its satisfaction with commitments made by Roche Diagnostics (“Roche”) regarding the supply of testing materials for the SARS- CoV-2 test. Roche, which the ACM says has a (...)

The French Competition Authority accepts commitments from the French incumbent postal operator to put an end to loyalty and bundled rebates in the parcel delivery sector (La Poste) New
Epex Spot (Paris)
On 2nd April 2020, the French Competition Authority (“FCA”) closed its investigation on the merits of an abuse of dominant position case started in 2010, by accepting and rendering legally binding the commitments offered by the French incumbent postal operator La Poste, designed at putting an end (...)

The South African Competition Authority announces it has received over 500 complaints of excessive pricing related to the COVID-19 pandemic
South African Competition Commission (Pretoria)
COVID-19 UPDATE: COMPETITION COMMISSION FLOODED WITH OVER 500 COMPLAINTS OF EXCESSIVE PRICING * Background On 15 March 2020 President Cyril Ramaphosa declared a State of National Disaster, and further to that the President announced the enforcement of a nationwide lockdown for 21 days with (...)

The US State Attorneys General from 33 States, led by Pennsylvania AG Shapiro issue a letter urging online marketplaces to monitor more rigorously price gouging practices especially for online sellers (Amazon / Facebook / Ebay / Walmart / Craigslist)
Troutman Sanders (Richmond)
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Troutman Sanders (Richmond)
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Troutman Sanders (Richmond)
33 Attorneys General Urge Online Sellers To Take Steps To Fight Price Gouging* Today, a bipartisan group of 33 state attorneys general, led by Pennsylvania Attorney General Josh Shapiro, sent a letter urging online marketplaces to more rigorously monitor price gouging practices by online (...)

The US State Attorneys General from 33 States and Territories, led by Pennsylvania, Connecticut, New Mexico, and Vermont urge online marketplaces to more rigorously monitor price gouging practices by online sellers using their services (Amazon / Facebook / Ebay / Walmart / Craigslist)
Office of the Attorney General - Pennsylvania
AG Shapiro: Amazon, Facebook, Ebay, Walmart, Craigslist Must Stop Site Price Gouging by Online Sellers* HARRISBURG― Attorney General Josh Shapiro today issued a letter with co-leading Attorneys General Hector Balderas, William Tong, and T.J. Donovan, and 29 of their Attorneys General (...)

The Turkish Competition Authority makes a statement as to the developments in the prices in the food market during the COVID-19 outbreak
Erdem & Erdem (Istanbul)
An important statement is made by the Competition Authority (“Authority”) regarding the recent developments in the prices in the food market through the public announcement dated 23 March 2020 and published in the Authority’s web site. In the announcement, it is stated that excessive increase in (...)

The Turkish Competition Authority warns it will impose the most serious administrative fines on food sellers who charged excessive prices during the COVID-19 pandemic
Turkish Competition Authority (Ankara)
PUBLIC ANNOUNCEMENT* It is observed that in our food market, especially in the market for fresh vegetables and fruits, there are extreme price increases in an opportunist manner nowadays, while we are facing with global COVID-19 outbreak. Being granted the power to protect consumer welfare (...)

The Turkish Competition Authority announces zero tolerance policy against excessive price increases in the food sector during the COVID-19 outbreak
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The world is clearly going through uncertain times as a result of the COVID-19 outbreak. In Turkey, although at the moment there are significantly fewer confirmed cases of COVID-19 in Turkey as compared to the Western European countries and the UK, the COVID-19 pandemic outbrea k has also (...)

The UK Competition Authority writes an open letter to the pharmaceutical and food and drink industries warning them not to exploit the COVID-19 outbreak to charge prices that might be deemed excessive
British Competition Authority - CMA (London)
Coronavirus (COVID-19): CMA open letter to pharmaceutical and food and drink industries.* The Competition and Markets Authority has published an open letter for businesses in the pharmaceutical and food and drink industries. Details We have written an open letter to the pharmaceutical and (...)

The Dutch Competition Authority reminds businesses to maintain compliance during the COVID-19 outbreak, including dominant companies avoiding excessive prices and all companies avoiding price fixing
Netherlands Authority for Consumers & Markets (The Hague)
ACM’s oversight during the Coronavirus crisis* The current Coronavirus outbreak has far-reaching effects on people and businesses. These are extraordinary times. ACM is closely monitoring economic developments, and is ready to answer any questions about collaborations that companies wish to (...)

The Highest Dutch Administrative Court annuls the Competition Authority decision requiring telecommunications providers to open networks (KPN / VodafoneZiggo / T-Mobile / Tele2)
Van Bael & Bellis (Brussels)
On 17 March 2020, the Dutch Trade and Industry Appeals Tribunal (“Appeals Tribunal”) reversed a decision of the Authority for Consumers & Markets (“ACM”) which required telecommunications provider KPN and cable provider VodafoneZiggo to open their fixed networks to other providers. On 27 (...)

The Dutch Trade and Industry Appeals Tribunal reverses a decision of the National Competition Authority requiring telecom providers to open up their fixed networks in the Netherlands to other providers (KPN / VodafoneZiggo / T-Mobile / Tele2)
Bird & Bird (Amsterdam)
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Bird & Bird (The Hague)
On 17 March 2020, the Dutch Trade and Industry Appeals Tribunal (“CBb”) reversed the 2018 decision of the Authority for Consumers and Markets (“ACM”) requiring telecom providers KPN and VodafoneZiggo to open up their fixed networks in the Netherlands to other providers. In September 2018, the ACM (...)

The Indian National Company Law Appellate Tribunal upholds the Competition Authority’s decision that a company mandating a party to sign an agreement which contains unfair and restrictive clauses is tantamount to abuse of its dominance (Verifone) New
Supreme Court of India
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Supreme Court of India
Introduction The National Company Law Appellate Tribunal (NCLAT) by way of its common order dated 13 March 2020 dismissed two appeals preferred by M/s Verifone India Sales Pvt Ltd. (Appellant/ OP 1/ Verifone) against two separate orders passed by the Competition Commission of India (CCI). (...)

The Ukrainian Competition Authority issues recommendations to pharmacies and retailers against excessive prices for masks, examines price hikes for airline tickets, and monitors prices for disinfectants and consumption basket products
Redcliffe Partners (Kyiv)
As with other competition authorities, the Antimonopoly Committee of Ukraine (the "AMC") is responding promptly during the coronavirus outbreak. On 13 March 2020, the AMC announced that it would investigate any unjustified price hikes for medicines, face masks and other personal health (...)

The Italian Competition Authority publishes two investigations against online platforms with regards to some claims relating to the marketing of hand sanitising, respiratory masks and hygiene products (Amazon / eBay)
Italian Competition Authority (Rome)
Coronavirus, the Authority begins investigating Amazon and eBay for misleading claims and excessive price increases.* The Authority launched two separate investigations today against the Amazon platform (Amazon Italia Customer Service, Amazon Eu, Amazon Service Europe) and eBay platform (eBay (...)

The UK Court of Appeal considers the test for excessive pricing after an undertaking had charged unfairly high prices for phenytoin sodium capsules (Pfizer / Flynn)
Bristow (London)
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Bristows (London)
Introduction In December 2016, the UK’s Competition and Markets Authority (CMA) found that Pfizer and Flynn had charged unfairly high prices for phenytoin sodium capsules, an important anti-epilepsy drug, in breach of competition law. The CMA imposed fines totalling £90 million. Pfizer and Flynn (...)

The UK Court of Appeal seeks to reinstate record fines totally £89.4m imposed on pharmaceutical companies for abuse of dominant position through excessive and unfair pricing of an anti-epilepsy drug (Flynn Pharma / Pfizer)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
On 10 March 2020 the UK Court of Appeal handed down its hotly anticipated judgment in Flynn Pharma Limited & Anr vs Competition and Markets Authority. The UK Competition and Markets Authority (CMA) was seeking to reinstate record fines totalling £89.4m imposed on pharmaceutical companies (...)

The UK Court of Appeal dismisses the Competition Authority appeal against the Competition Appeal Tribunal ruling quashing fines imposed on two pharmaceutical companies for charging excessive and unfair prices for an anti-epilepsy drug (Pfizer / Flynn)
Van Bael & Bellis (Brussels)
On 10 March 2020, the UK’s Court of Appeal dismissed the Competition and Market Authority’s (“CMA”) appeal against a 2018 ruling by the Competition Appeals Tribunal (“CAT”) that quashed the CMA’s 2016 fine imposed on Pfizer and Flynn for charging excessive and unfair prices for phenytoin sodium (an (...)

The Japanese FTC files, then withdraws petition for urgent injunction against dominant online retail company’s new policy after policy is changed due to COVID-19 (Rakuten Ichiba)
Japan Fair Trade Commission (Tokyo)
The JFTC has Filed a petition for an Urgent Injunction against Rakuten, Inc.* Today, the Japan Fair Trade Commission (JFTC) has filed a petition for an urgent injunction to the Tokyo District Court in accordance with the provision of Article 70-4, paragraph 1 of the Antimonopoly Act, seeking (...)

The UK Court of Appeal imposes agency discretion in the methodology to establish the unfairness of prices, thereby increasing the burden of proof on companies to avoid a finding of excessive pricing (Flynn / Pfizer)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
The UK Court of Appeal Overturns the CAT & Imposes Agency Discretion on Excessive Price Benchmark* On March 10, 2020, the England and Wales Court of Appeal (CoA) handed down a significant ruling that reintroduces agency discretion in the methodology used to establish the unfairness of (...)

The UK Competition Appeal Tribunal quashes the CMA’s decision against pharmaceutical undertakings who had abused their dominant position by pricing their epilepsy drug unfairly (Pfizer / Flynn Pharma)
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (London)
On 10 March 2020 the Court of Appeal upheld the Competition Appeal Tribunal’s (CAT) quashing of the Competition and Markets Authority’s (CMA) decision that Pfizer and Flynn Pharma (Flynn) had abused their dominant positions in the market by pricing their epilepsy drug unfairly. Among other (...)

The UK Court of Appeal provides guidances regarding the legal test to determine whether pricing is excessive and unfair in the pharmaceutical market (Flynn Pharma / Pfizer)
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
The UK Court of Appeal Clarifies the Legal Test for Excessive Pricing* Under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”), an undertaking may abuse its dominant position by “directly or indirectly imposing unfair purchase or selling prices”. The UK Court of Appeal (...)

The UK Court of Appeal provides guidance on the legal test for excessive and unfair pricing after finding that an undertaking is charged unfairly high prices for phenytoin sodium capsules (Flynn / Pfizer) New
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
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Covington & Burling (Brussels)
Under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”), an undertaking may abuse its dominant position by “directly or indirectly imposing unfair purchase or selling prices”. The UK Court of Appeal recently provided guidance regarding the legal test to determine whether (...)

The EU Commission adopts a decision imposing commitments on an undertaking to free up capacities at interconnection points to increase natural gas exports between countries (Transgaz)
Van Bael & Bellis (Brussels)
On 6 March 2020, the European Commission adopted a decision imposing commitments on Transgaz to free up capacities at interconnection points in order to allow for increased natural gas exports from Romania to Hungary and Bulgaria. According to the Commission’s press release, Transgaz the (...)

The Italian Competition Authority sanctions a telecommunication company for having undertaken a complex abusive strategy aimed to hinder the entry of the new infrastructure competitors in the broadband communication services sector (Telecom Italia)
Bird & Bird (Rome)
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Bird & Bird (Rome)
The Italian Antitrust Authority ("ICA") launched in June 2017 a proceeding for alleged violations of Article 102 TFEU committed by Telecom Italia ("TI") - through a complex abusive strategy aimed at a double purpose: in the retail market, to make its customer base less contestable by other (...)

The Danish Maritime and Commercial Court finds a medicine distributor guilty of abusing its dominant position (CD Pharma)
Bird & Bird (Copenhagen)
On 3 March 2020, the Danish Maritime and Commercial Court found a medicine distributor, CD Pharma AB, guilty of having abused its dominant position back in 2014. Due to its dominant position, the undertaking in question had a special responsibility not to harm competition – a responsibility that (...)

The US FTC starts examining acquisitions by 5 Big Tech companies from the 2010-2019 period that were not reported to the antitrust agencies under the Hart-Scott-Rodino Act (Alphabet / Amazon / Apple / Facebook / Microsoft - 6(b) Platform Study) New
US Federal Trade Commission (FTC) (Washington)
FTC to Examine Past Acquisitions by Large Technology Companies* Agency Issues 6(b) Orders to Alphabet Inc., Amazon.com, Inc., Apple Inc., Facebook, Inc., Google Inc., and Microsoft Corp. The Federal Trade Commission issued Special Orders to five large technology firms, requiring them to (...)

Mergers

The EU General Court annuls the Commission’s decision to block the proposed merger in the UK sector of the mobile telephony market (Telefónica UK / Hutchison 3G UK) New
European Court of Justice (Luxembourg)
The General Court annuls the Commission’s decision to block the proposed acquisition of Telefónica UK by Hutchison 3G UK in the sector of the mobile telephony market* On 11 May 2016, [1] the Commission adopted a decision in which it blocked, under the Merger Regulation, [2] the proposed (...)

The French Competition Authority clears merger in food retail sector in La Réunion after in-depth investigation, subject to conditions (Vindémia / Groupe Bernard Hayot) New
Autorité de la concurrence (Paris)
Food retail sector in La Réunion: the Autorité de la concurrence clears the acquisition of Vindémia by Groupe Bernard Hayot, subject to conditions* On 24 January 2020, Groupe Bernard Hayot (GBH) notified the Autorité de la concurrence of its acquisition of sole control of Vindémia Group, which (...)

The EU Commission opens in-depth investigation into proposed merger between 2 leading airlines operating routes between Canada and Europe while recognizing the target markets are significantly impacted by the COVID-19 outbreak (Transat / Air Canada) New
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into proposed acquisition of Transat by Air Canada* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Transat by Air Canada, under the EU Merger Regulation. The Commission is concerned that the (...)

The Dutch Competition Authority conditionally allows a joint venture of the nation’s largest public-transport company and of the transport network company to create a travel app together (Dutch Railways NS / Pon) New
Netherlands Authority for Consumers & Markets (The Hague)
Mobility service provider Pon en Dutch Railways NS are conditionally allowed to create travel app together* Dutch Railways NS and Pon are allowed to create a new company, which will operate an app that allows consumers to plan, book and pay for their trips, combining different modes of (...)

The German Government tightens national foreign direct investment screening regime to better protect security-relevant businesses in the health sector from non-EEA take-overs in light of COVID-19 outbreak New
Morgan Lewis (Washington)
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Morgan Lewis (Frankfurt)
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Morgan Lewis (Frankfurt)
A recent amendment to Germany’s foreign direct investment ordinance adds new businesses to the existing catalogue of critical infrastructures—in particular, in the health sector—that will be subject to foreign direct investment screening going forward. Germany is taking several legislative (...)

The Dutch Competition Authority clears merger between 2 educational institutions because they offer education to different target audiences (TIO University of Applied Sciences / NCOI) New
Netherlands Authority for Consumers & Markets (The Hague)
ACM clears acquisition of educational institution TIO by rival institution NCOI* Dutch educational institution NCOI is allowed to acquire rival institution TIO University of Applied Sciences. Both TIO and NCOI offer professional courses, as well as accredited vocational programs at the upper (...)

The Finnish Competition Authority opens in-depth investigation into a merger of 2 financial services companies (Loomis / Automatia) New
Finnish Competition and Consumer Authority (Helsinki)
FCCA opens in-depth investigation into the proposed merger of Loomis and Automatia* The Finnish Competition and Consumer Authority (FCCA) has initiated further proceedings regarding the proposed merger in which Loomis AB would acquire Automatia Pankkiautomaatit Oy from the banking companies (...)

The US DoJ files proposed final judgment with US District Court for the Northern District of Ohio requiring divestiture following historic arbitration win (Novelis / Aleris Corporation) New
US Department of Justice - Antitrust Division (Washington)
Justice Department Requires Divestiture Following Historic Arbitration Win* Divestiture Will Preserve Competition for Aluminum Automotive Body Sheet in North America The Department of Justice announced today that it has filed a proposed final judgment with the U.S. District Court for the (...)

The UK Competition Authority blocks sports-fashion merger finding that even with COVID-19 significantly impacting the relevant sector there would still be negative effects on the competition if the merger proceeded (JD Sports / Footasylum)
British Competition Authority - CMA (London)
CMA blocks sports-fashion merger* The CMA has blocked JD Sports’ purchase of close competitor Footasylum after finding it would leave shoppers worse off. Following an in-depth Phase 2 investigation, the Competition and Markets Authority (CMA) has concluded that this transaction would lead to a (...)

The US FTC clears merger of 2 Big Pharma companies after they agreed to divest 3 drugs businesses (AbbVie / Allergan)
US Federal Trade Commission (FTC) (Washington)
FTC Imposes Conditions on AbbVie Inc.’s Acquisition of Allergan plc* Agency requires companies to divest three drugs Pharmaceutical companies AbbVie Inc. and Allergan plc have agreed to divest assets to settle Federal Trade Commission charges that AbbVie’s proposed $63 billion acquisition of (...)

The EU Commission clears acquisition of large specialised refiner of copper scrap by the world’s largest refiner of copper scrap (Aurubis / Metallo)
DG COMP (Brussels)
Mergers: Commission clears Aurubis’ acquisition of Metallo* The European Commission has approved, under the EU Merger Regulation, Aurubis’ acquisition of Metallo, a large copper scrap refiner. The Commission concluded that the merger would not adversely affect competition in the European (...)

The UK Competition Authority stops its Phase II investigation after 2 education publishers decide to abandon the merger (McGraw-Hill Education / Cengage Learning)
British Competition Authority - CMA (London)
Publishing merger abandoned after CMA investigation* McGraw-Hill Education has abandoned its proposed deal with Cengage Learning after competition concerns raised by the CMA. The Competition and Markets Authority (CMA) has therefore today confirmed that it will be cancelling its Phase 2 (...)

The Kenyan Competition Authority approves a merger, subject to conditions, between two telecommunications companies (Airtel / Telkom) New
Mosoti & Company advocates (Kenya)
Kenya’s Competition Tribunal: Airtel/Telkom merger generates first decision* On 4th May 2020, the Kenyan Competition Tribunal made its first decision after considering the application for review of the Airtel-Telkom merger where they contested 7 out of 8 the conditions imposed. The competition (...)

The US DOJ announced that the second and third largest textbook publisher abandoned their merger after the DOJ expressed serious concerns about the harm to competition (McGraw-Hill Education / Cengage Learning)
US Department of Justice - Antitrust Division (Washington)
Cengage and McGraw-Hill Terminate Merger Agreement in Response to Antitrust Concerns* Cengage Learning Holdings II Inc. and McGraw-Hill Education Inc. mutually agreed to abandon their plans to merge after the Department of Justice informed the companies it had serious concerns that the (...)

The French Competition Authority clears without commitments a multidisciplinary healthcare group’s takeover of a mental health services group (Orpea group / Sinoué group)
Autorité de la concurrence (Paris)
The Autorité de la concurrence clears, without commitments, the acquisition of sole control of Sinoué group by Orpea group* On 20 March 2020, the Orpea group notified the Autorité de la concurrence of its plan to acquire sole control of the Sinoué group. Parties to the transaction The Orpea (...)

The UK Competition Authority clears merger between 2 hospital trusts, finding that the way they are funded creates little incentive to compete, and releasing them from their 10-year commitment not to merge (Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust / Poole Hospital NHS Foundation Trust)
British Competition Authority - CMA (London)
CMA clears NHS hospital trusts merger* The CMA has cleared the proposed merger between The Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust and Poole Hospital NHS Foundation Trust. In 2013, the Competition and Markets Authority’s (CMA) predecessor, the Competition Commission, (...)

The German Competition Authority clears acquisition of key European shunter manufacturer by Chinese state-owned manufacturer of railway vehicles because the target company’s competitiveness has been decreasing for years (Vossloh Locomotives / CRRC Zhuzhou Locomotives)
German Competition Authority (Bonn)
Chinese company CRRC can acquire Vossloh’s shunter division* The Bundeskartellamt has today cleared the acquisition of Vossloh Locomotives GmbH, Kiel, by CRRC Zhuzhou Locomotives Co., Ltd., Zhuzhou (People’s Republic of China). Andreas Mundt, President of the Bundeskartellamt: “In the present (...)

The German Competition Authority clears acquisition of home improvement stores by a competitor with no conditions because of other existing competitors in all markets considered (Bauhaus / Knauber)
German Competition Authority (Bonn)
Bundeskartellamt clears acquisition of Knauber home improvement stores by Bauhaus* In the first phase of its investigations the Bundeskartellamt has cleared the planned acquisition of four home improvement stores belonging to the Bonn-based Knauber Freizeit GmbH & Co. KG by Bauhaus (...)

The EU Commission clears merger of generic Big Pharma company with a competitor’s generic division, subject to divestment of business for certain generic medicines (Mylan / Upjohn)
DG COMP (Brussels)
Mergers: Commission approves the merger of Mylan and Pfizer’s Upjohn division, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed merger between the global pharmaceutical company Mylan and Upjohn, a business division of Pfizer, which (...)

The UK Competition Appeal Tribunal rejects an appeal against the Competition Authority’s merger decision in the cleaning chemicals sector (Ecolab / Holchem)
Baker Botts (London)
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Baker Botts (Brussels)
On 21 April 2020, the Competition Appeals Tribunal (the “CAT”) handed down its judgment (the “Judgment”) rejecting the appeal of Ecolab Inc. (“Ecolab”), a global company incorporated in the US, against the CMA’s merger decision on Ecolab’s acquisition of The Holchem Group Ltd (“Holchem”), a UK-based (...)

The US FTC approves final order settling charges that merger of polyurethane foam producers was anticompetitive (FXI Holdings / Innocor) New
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Settling Charges that Merger of Polyurethane Foam Producers Was Anticompetitive* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that the merger of polyurethane foam producers FXI Holdings, Inc. and Innocor, (...)

The Mexican Competition Authority fines 2 merging parties for gun jumping but approves merger due to no competition concerns (SoftBank / WeWork)
Mexican Competition Authority (Mexico City)
COFECE sanctions SoftBank and WeWork for failing to notify a concentration and authorizes the transaction* Fines amounting to 3 million 379 thousand 600 Mexican pesos were imposed. The concentration is authorized as it is considered that it does not pose risks to competition and free market (...)

The UK Competition Authority provisionally clears the acquisition of a delivering food company in spite of COVID-19 (Deliveroo / Amazon)
Van Bael & Bellis (Brussels)
On 17 April 2020, approximately one week after the CMA found COVID-19 not to be an obstacle to its decision to block the Sabre/ Farelogix transaction, the CMA announced its provisional clearance of the acquisition by Amazon of a minority shareholding and certain rights in Deliveroo “in light of (...)

The US FTC proposes new order settling all charges that manufacturer of law enforcement equipment entered into anticompetitive agreements with seller of body-worn camera systems when they entered a merger of their businesses (Safariland / Axon / VieVu) New
US Federal Trade Commission (FTC) (Washington)
VieVu’s Former Parent Company Safariland Agrees to Settle Charges That It Entered into Anticompetitive Agreements with Body-Worn Camera Systems Seller Axon* Settlement is part of a larger case challenging Axon’s consummated acquisition of former competitor VieVu Safariland, LLC, which (...)

The US FTC clears merger of 2 veterinary service providers subject to divestments in 3 geographic markets (Compassion First / National Veterinary Associates) New
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Imposing Conditions on Veterinary Service Providers Compassion First and National Veterinary Associates* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Compassion First’s proposed $5 billion acquisition (...)

The Dutch Competition Authority clears acquisition of publishing company by rival publisher because of sufficient competition on the markets for free online news, and for online advertising (Sanoma Media / DPG Media) New
Netherlands Authority for Consumers & Markets (The Hague)
ACM clears acquisition of publishing company Sanoma Media by rival publisher DPG Media* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of publishing company Sanoma Media Netherlands by rival publisher DPG Media (formerly De Persgroep Nederland). After the (...)

The UK Competition Authority blocks a proposed merger in the market for the supply of merchandising solutions and distribution systems to airlines despite the COVID-19 pandemic (Sabre / Farelogix)
Van Bael & Bellis (Brussels)
Despite the uncertain future facing the global travel industry as a result of the COVID-19 pandemic, on 9 April 2020, the UK’s Competition and Markets Authority (“CMA”) announced its decision to block the proposed Sabre/Farelogix transaction, citing concerns that “UK passengers [would] miss out on (...)

The EU Commission maintains adjustments to merger filing process made in response to COVID-19 crisis while underscoring need to protect competition
Van Bael & Bellis (Brussels)
The European Commission (the “Commission”) continues to encourage companies to delay any planned merger notifications until further notice in light of the COVID-19 pandemic, as it anticipates that it may face difficulties in collecting the information necessary to conduct its review, in (...)

The US FTC clears merger of prosthetic limbs manufacturers, subject to divestment of myoelectric elbow business (Össur Hf / College Park Industries) New
US Federal Trade Commission (FTC) (Washington)
FTC Imposes Conditions on Össur Hf’s Acquisition of College Park Industries, Inc.* Conditions to remedy competition loss in the U.S. market for myoelectric elbows Össur Hf and College Park Industries, Inc., both makers of prosthetic limbs, have agreed to divest College Park’s myoelectric elbow (...)

The EU Commission conditionally clears an acquisition of a Swiss company providing catering, retail and other airline services (Lufthansa / Gategroup)
Van Bael & Bellis (Brussels)
On 3 April 2020, the European Commission (the “Commission”) approved Gategroup’s acquisition of the Lufthansa Service Group’s European business (“LSG EU”). Gategroup is a Swiss company that provides catering, retail and other airline services globally. German-based LSG EU is active in train and (...)

The US District Court for the District of Columbia enters final judgment in merger of third and fourth largest telecommunications providers and allows proposed structural remedies to proceed (T-Mobile / Spring)
US Department of Justice - Antitrust Division (Washington)
Court Enters Final Judgment in T-Mobile/Sprint Transaction: Order Allows Divestitures to Proceed* Today, a federal district court in Washington, D.C., concluded that the Antitrust Division’s resolution of its challenge to the merger between T-Mobile and Sprint was in the public interest and (...)

The US FTC sues to unwind a cigarette company’s $12.8B investment in its competitor in the market for closed-system e-cigarettes (Altria Group / JUUL Labs) New
US Federal Trade Commission (FTC) (Washington)
FTC Sues to Unwind Altria’s $12.8 Billion Investment in Competitor JUUL* Today, the Federal Trade Commission filed an administrative complaint alleging that Altria Group, Inc. and JUUL Labs, Inc. entered a series of agreements, including Altria’s acquisition of a 35% stake in JUUL, that (...)

The COMESA Competition Commission issues guidance on timing and other implications for merger review relating to the COVID-19 pandemic New
Primerio (Washington)
COMESA retains 30-day merger notification requirement during COVID pandemic, but loosens some rules* The COMESA Competition Commission (CCC) has, along with several other competition-law enforcers on the African continent, issued new guidance on timing and other implications relating to the (...)

The COMESA Competition Authority encourages electronic merger notifications, extends deadline for document submission, suspends physical meetings, and warns of possible investigation delays due to COVID-19 pandemic
Common Market for Eastern and Southern Africa (Comesa) (Lusaka)
NOTICE OF INTERIM MEASURES IN MERGER REVIEW OF THE COMESA COMPETITION COMMISSION DUE TO THE COVID-19 PANDEMIC* The COMESA Competition Commission (the Commission) is aware that these are unprecedented, uncertain and challenging times for undertakings and other stakeholders. In view of this, the (...)

The US FTC provides guidance on COVID-19’s impact on HSR filing timelines
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
In a prior note we provided guidance on COVID-19’s Impact on HSR Filing Timelines. The Agencies had indicated that early termination would not be granted while FTC operated on a temporary e-filing system. Today, the Agencies have updated that guidance and as of March 30 will again grant early (...)

The Serbian Competition Authority publishes its new guidelines on notification deadlines for merger during the COVID-19 crisis
Karanovic & Nikolic (Belgrade)
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Karanovic & Nikolic (Belgrade)
The Impact of COVID-19 Outbreak on Merger Control Matters in Western Balkans* The COVID-19 pandemic has been heavily affecting economies and countries across the globe. In such circumstances, ensuring the undisturbed work of the competition authorities is difficult, but important in order to (...)

The Australian Competition Authority provides guidance for the merger clearances, authorisations, notifications and CTMs during the COVID-19 pandemic
Australian Competition and Consumer Commission (Canberra)
COVID-19 pandemic - what it means for ACCC merger clearances, authorisations, notifications and CTMs* With the recent and increasing impact of the COVID-19 pandemic, the ACCC’s Merger & Authorisation Review Division will provide ongoing guidance regarding any changes in our operations (...)

The Austrian Competition Authority announces that retrospective notification of an acquisition of shares of a car parts manufacturer is a violation of the notification requirements and subject to fines (Castanea Rubra) New
Van Bael & Bellis (Brussels)
On 27 March 2020, the Austrian Federal Competition Authority (“FCA”) announced that, pursuant to its request, the Cartel Court had imposed a fine of € 100,000 on Castanea Rubra Assets GmbH. Castanea Rubra Assets GmbH had acquired 94% of the shares of German-based car parts manufacturer Neue (...)

The French Competition Authority publishes its adaptation of the time limits and procedures during the COVID-19 outbreak
Autorité de la concurrence (Paris)
Adaptation of the time limits and procedures of the Autorité de la concurrence in times of health emergency* Background The Autorité specifies to businesses how the rules regarding deadlines and procedures will be adapted due to the state of health emergency. Following the adoption of the law (...)

The US DoJ requires divestitures in merger of 2 national defense contractors in order to address vertical and horizontal antitrust concerns (United Technologies Corporation / Raytheon) New
US Department of Justice - Antitrust Division (Washington)
Justice Department Requires Divestitures in Merger Between UTC and Raytheon to Address Vertical and Horizontal Antitrust Concerns* Divestitures Will Preserve Competition in the United States for Military Airborne Radios, Military GPS Systems, and Reconnaissance Satellite Components The (...)

The Australian Competition Authority grants request to amend commitments in the market for free TV and television advertising undertaken as part of a merger cleared previously (Plus 4 / ATV)
Van Bael & Bellis (Brussels)
On 26 March 2020, the Austrian Federal Competition Authority (“FCA”) granted a request to amend the commitments in the market for free TV and television advertising undertaken as part of a merger cleared in 2017. The FCA had cleared the acquisition by Austrian-based ProSiebenSat.1Puls 4 GmbH (...)

The US DoJ challenges a merger which highlights key considerations for antitrust reviews of aerospace and defence industry transactions (United Technologies / Raytheon)
McDermott Will & Emery (Washington)
The DOJ Antitrust Division’s recent challenge to the United Technologies/Raytheon merger highlights a few key considerations for antitrust reviews of aerospace and defense industry transactions. The case is a useful illustration of important principles applicable to this unique industry. IN (...)

The UK Competition Authority clarifies that the UK merger control regime is still operating despite the COVID-19 pandemic
Ashurst (London)
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Ashurst (London)
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Ashurst (London)
Whilst Covid-19 is not expected to lead to changes to the core legal and policy principles underpinning merger control regimes around the world, it is worth noting that: merger control regimes are still in operation, albeit filing processes and regulatory reviews may take a bit longer and some (...)

The EU Commission opens an in-depth investigation relating to a merger in the pharmaceutical sector (Tachosil / Johnson & Johnson)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into proposed acquisition of Tachosil by Johnson & Johnson* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Tachosil by Johnson & Johnson, under the EU Merger Regulation. The Commission (...)

The Vietnamese Government issues a decree providing guidance on thresholds for merger control notification, the definition of "control" and the approach to reviewing the competitive impact of a transaction New
Freshfields Bruckhaus Deringer (Vietnam)
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Freshfields Bruckhaus Deringer (Hong Kong)
An epidemic and the competition law share little in common but end up in the same place – one attacks fairly and equally; the other attacks unfair inequality. So it was perhaps fitting that on 24 March 2020, in the middle of its fight to control the Coronavirus outbreak, the Vietnamese (...)

The US FTC shows concern about common ownership by asking 2 parties to a confidential merger to provide additional details on their largest shareholders
Baker Botts (Washington)
Antitrust Enforcement Agencies Target Large Shareholders’ Roles In Investigations of Public Company Merger and Acquisition Transactions* Antitrust enforcement agencies have taken a new interest in companies’ relationships with their largest shareholders. The agencies have more systematically (...)

The Italian Competition Authority updates its merger notification thresholds New
Van Bael & Bellis (Brussels)
The Italian Competition Authority (“AGCM”) has raised the turnover thresholds applicable to merger notifications effective 23 March 2020. Under the new thresholds, a merger must be notified and approved by the AGCM prior to implementation where: • € 504 million in combined turnover is achieved in (...)

The Italian Competition Authority updates the turnover thresholds that make prior notification of a concentration mandatory New
Bird & Bird (Rome)
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Bird & Bird (Rome)
By decision of 23 March 2020, the Italian Competition Authority (ICA) has updated the turnover thresholds that make prior notification of a concentration mandatory, pursuant to Article 16, par. 1, of Law No. 287 of 1990 ("Law"). According to Article 16, par. 1 of the Law, as amended, a (...)

The Portuguese Competition Authority fines a hospital for gun jumping but accepts payment of fine in multiple instalments not to negatively affect the hospital’s operations during the COVID-19 pandemic (Hospital Particular do Algarve)
Portuguese Competition Authority (Lisbon)
AdC fines Hospital Particular do Algarve for gun-jumping* The AdC fined Hospital Particular do Algarve, SA (HPA) in the total amount of 155,000 euros for acquiring sole control of Hospital de S. Gonçalo de Lagos S.A. (HSGL) without prior notification of the acquisition and, consequently, (...)

The Portuguese Competition Authority allows payment of gun-jumping fine in instalments due to the COVID-19 outbreak (Hospital Particular do Algarve)
Van Bael & Bellis (Brussels)
In September 2019, the Portuguese Competition Authority (“AdC”) imposed a fine of € 155,000 on Hospital Particular do Algarve (“HPA”) for gun-jumping, finding that HPA had acquired sole control of Hospital de São Gonçalo de Lagos without the AdC’s prior approval. The AdC has recently announced that it (...)

The French Competition Authority encourages delay of new mergers, requires electronic submission, and extends processing times as special measures due to COVID-19
Autorité de la concurrence (Paris)
Adaptation of merger control procedures due to Coronavirus COVID-19* Given the health situation in France, the Autorité de la concurrence is forced to put in place extensive preventive measures. The services of the Autorité are working remotely since 17 March 2020. Time limits for processing (...)

The Danish Competition Authority suspends its time limits for merger review for 14 days as special measure due to COVID-19
Danish Competition and Consumer Authority (Copenhagen)
Time limits for merger control are suspended for 14 days* The Minister of Industry, Business and Financial Affairs has issued an order implying that the time limits for merger control are suspended for 14 days. When companies wish to implement a larger merger, the Competition and Consumer (...)

The Irish Competition Authority announces temporary changes to the merger notification process due to the COVID-19 outbreak
Matheson (Dublin)
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Matheson (Dublin)
In light of the ongoing Covid-19 pandemic, the Irish Competition and Consumer Protection Commission (“CCPC”) announced on 18 March 2020 temporary measures to assist it in complying with binding statutory deadlines and to ensure business continuity in the review of notified mergers and (...)

The Hungarian Competition Authority reopens investigation into acquisition of digital network operator and issues a new conditional approval (Invitel / DIGI)
Van Bael & Bellis (Brussels)
On 18 March 2020, the Hungarian Competition Authority (“GVH”) conditionally re-approved fixed telecommunications service provider DIGI’s acquisition of its rival Invitel. The GVH had already conditionally cleared the acquisition in May 2018 (see VBB on Competition Law, Volume 2018, No. 5). During (...)

The Irish Competition Authority encourages delay of merger filings and establishes a temporary process for electronic notification of mergers as special measures due to COVID-19
McCann FitzGerald (Dublin)
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McCann FitzGerald (Brussels)
On 18 March, the CCPC issued a statement encouraging merging parties where possible to delay merger filings until further notice, and establishing a temporary process for electronic notification of mergers. In an effort to ensure business continuity in merger review amid the COVID-19 outbreak, (...)

The Hungarian Competition Authority reopens a previously approved acquisition between two telecommunication players on the basis that the parties submitted false and misleading data during the notification and approval procedure (Invitel / GVH) New
Bird & Bird (Budapest)
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Bird & Bird (Budapest)
The Hungarian Competition Authority (GVH) finally approved the acquisition of Invitel by DIGI, both significant players on the Hungarian telecoms market. However, with with a complex remedies package as published on 18 March 2020 (Vj/42/2018). As we already reported, the approval of the merger (...)

The Brazilian Competition Authority implements measures in line with WHO recommendations against the spread of the COVID-19
Mattos Filho Advogados (Sao Paulo)
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Sao Paulo)
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Mattos Filho Veiga Filho Marrey Jr & Quiroga (New York)
The Brazilian antitrust authority has implemented measures in line with WHO recommendations against the spread of the COVID-19, and activities are being carried out without major impacts, although deadlines in conduct cases are now suspended and delays in certain matters cannot be altogether (...)

The US FTC and DOJ adopt new mergers procedures in response to the COVID-19 pandemic outbreak
Jones Day (Washington DC)
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Jones Day (Washington DC)
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Jones Day (Washington DC)
The FTC and DOJ have adopted new procedures in response to the novel coronavirus (COVID-19) pandemic. The changes are intended to help the agencies stay open during the crisis, but merging parties should expect lengthier antitrust reviews until normal operations resume. All merger filings with (...)

The US Premerger Notification Office implements a temporary e-filing system for submission of HSR filings
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)
As a result of developments relating to the COVID-19 coronavirus pandemic, the Premerger Notification Office (PNO) of the Federal Trade Commission has announced that it will implement a temporary e-filing system for Hart-Scott-Rodino (HSR) filings. During this period, all HSR filings must be (...)

The US DOJ extends its timing of merger investigations by 30 days and allows electronic filing of Hart-Scott-Rodino submissions among special measures due to COVID-19
US Department of Justice - Antitrust Division (Washington)
Justice Department Announces Antitrust Civil Process Changes for Pendency of COVID-19 Event* Process Changes Will Ensure that the Department Can Carry Out Its Enforcement Mission While Protecting the Health and Safety of Its Employees and the American Public The Department of Justice (...)

The US FTC and US DoJ announces modifications to their policies and procedures, due to the COVID-19 pandemic, including timing and processes in place for reviewing transaction subject to mandatory reporting under HSR
Cooley (Washington)
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Cooley (Washington)
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Cooley (Washington)
Antitrust FAQs for Merging Parties What modifications have the FTC and DOJ made for transactions reportable under the Hart-Scott-Rodino Act? Will timing to receive HSR clearance be impacted? While the federal antitrust agencies, the Federal Trade Commission and US Department of Justice (the (...)

The Spanish Government updates foreign investment screening regime in light of COVID-19 and prohibits or severely limits foreign acquisition of companies active in sectors related to public order, public security or public health
Callol, Coca & Asociados (Madrid)
The rapid spread of Covid-19 has led to its consideration as a global pandemic. Spain, currently at the epicenter of the crisis, has declared the state of alarm last Sunday. To ease the effects of the Covid-19 crisis in the economy, the Spanish Government approved yesterday Royal Decree-Law (...)

The French Competition Authority is not able to guarantee the usual processing delays for mergers since its staff is working remotely during the COVID-19 situation
Baker Mckenzie (Paris)
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Baker Mckenzie (Paris)
The French government has taken preventive measures due to COVID-19, thereby forcing the members of the French Competition Authority to work remotely since 17 March 2020. This situation is already impacting on merger control: “Although we are striving to ensure continuity of public service, (…) (...)

The EU Commission encourages delay of merger notifications and electronic submission as special measures due to COVID-19
DG COMP (Brussels)
SPECIAL MEASURES DUE TO CORONAVIRUS / COVID-19* DELAY OF MERGER NOTIFICATIONS DG COMP has put in place a number of measures to ensure business continuity in the enforcement of the EU Merger Regulation. However, due to the complexities and disruptions caused by the Coronavirus, companies are (...)

The US DoJ announces antitrust civil process changes for pendency of COVID-19 events and confirms that the HSR review process will be significantly impacted
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
With COVID-19-related closures rolling in daily, you may have questions about the operating status of the federal government’s antitrust enforcement agencies. Currently, the HSR review process does not seem to be significantly impacted, although the agencies will not grant a request for early (...)

The EU Commission updates its practical guidance to merging parties and encourages companies to delay merger notifications until further notice due to the COVID-19 outbreak
O’Melveny & Myers (Hong Kong)
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O’Melveny & Myers (Washington DC)
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O’Melveny & Myers (Brussels)
The European Commission (the “EC”) has updated its practical guidance to merging parties “encouraging companies to delay merger notifications originally planned until further notice, where possible.” The unprecedented move comes in response to the expanding crisis management measures that (...)

The EU Commission adjusts merger filing process in response to COVID-19 crisis
Van Bael & Bellis (Brussels)
The European Commission (the “Commission”) has announced that it will face delays in its merger review process as a result of the COVID-19 pandemic. In particular, the Commission has stated that it may not be able to collect information from third parties efficiently and may have limited access (...)

The Finnish Competition Authority requires companies to contact the Authority before notifying new merger transaction due to COVID-19 outbreak
Bird & Bird (Helsinki)
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Bird & Bird (Helsinki)
Due to the novel coronavirus the Finnish Competition & Consumer Authority ("FCCA") has published a statement requiring companies to contact the FCCA before filing a new merger control notification and specifically agreeing with the FCCA that a notification may be filed. This requirement is (...)

The EU Commission encourages companies to delay merger notifications until further notice due to the COVID-19 outbreak
Bird & Bird (Dusseldorf)
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Bird & Bird (Belgium)
Challenges created by the COVID-19 crisis Novel Coronavirus (COVID-19) is having a major impact on the “business continuity" of courts and regulatory authorities. This affects, in particular, merger control proceedings as these are typically subject to specific time limits that the authorities (...)

The US DoJ and FTC implement a temporary e-filing system for premerger notification documents
Cadwalader Wickersham & Taft (New York)
As businesses and government agencies continue to take measures in response to the new coronavirus, one area of notable change is the federal merger clearance process. On March 13, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) implemented a temporary e-filing system (...)

The US FTC Premerger Notification Office temporarily institutes mandatory e-filing system as special measure due to COVID-19
US Federal Trade Commission (FTC) (Washington)
Premerger Notification Office Implements Temporary e-Filing System* Due to the developing COVID-19 coronavirus pandemic, and consistent with guidance from the Office of Personnel Management, the Premerger Notification Office (PNO) will implement a temporary e-filing system. During this (...)

The EU Commission encourages companies to delay merger notifications originally planned until further notice where possible due to COVID-19
White & Case (Brussels)
COVID-19 is changing our lives more rapidly and more profoundly than we could have ever imagined. All over the world, governments order their countries into lockdowns, factories stop producing, people stop buying, citizens are confined to their four walls and businesses switch to working (...)

The US DoJ and FTC implement policies in response to COVID-19 including new measures to the HSR e-filing system
White & Case (Brussels)
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White & Case (Washington)
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White & Case (Washington)
Last week, in response to the outbreak of the Coronavirus disease (COVID-19), the antitrust agencies in the United States and European Union issued policies that will affect, and may delay, merger filings and reviews. On March 13, 2020, the US Department of Justice (“DOJ”) and Federal Trade (...)

The US FTC and EU Commission struggle to balance the need for business and the practical challenges for mergers during the COVID-19 outbreak
Freshfields Bruckhaus Deringer (Brussels)
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Freshfields Bruckhaus Deringer (Brussels)
COVID-19 is impacting all sectors of the economy and society, and merger review is no exception. Competition authorities are struggling to balance the need for business continuity and compliance with administrative deadlines on the one hand, with a variety of practical challenges on the other. (...)

The US FTC introduces temporary electronic HSR filing and stops granting early terminations for all filings due to COVID-19 measures
Sheppard Mullin (Los Angeles)
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Sheppard Mullin (Washington)
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Sheppard Mullin (Washington)
In response to COVID-19, the FTC’s Premerger Notification Office (PNO) just announced several changes for all Hart-Scott-Rodino (HSR) filings going forward. While these changes have been described as temporary, no specific end date has been identified. Hard copy HSR filings will no longer be (...)

The EU Commission announces that companies were encouraged to delay new merger notifications until further notice because of the complexities and disruptions caused by the current COVID-19 outbreak
Hogan Lovells (Brussels)
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Hogan Lovells (Brussels)
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Hogan Lovells (Milan)
The current COVID-19 pandemic is posing unprecedented challenges on our public health systems and communities. It is also heavily impacting economic activity, including for companies in the midst of M&A or joint venture transactions. Deals that are subject to merger control review in the (...)

The French Competition Authority clears a merger in the insurance market (Macif / Aésio)
Autorité de la concurrence (Paris)
The Autorité de la concurrence clears the merger of the Macif and Aésio insurance groups* On 7 February 2020, the Macif and Aésio groups notified the Autorité de la concurrence of their planned merger. Parties to the transaction The MACIF group is a French insurance group active mainly in the (...)

The US DoJ and FTC issue guidance on merger review during the COVID-19 outbreak and confirm that they continue to operate despite merging parties expecting lengthier reviews
Jones Day (Washington DC)
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Jones Day (Washington DC)
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Jones Day (Washington DC)
The FTC and DOJ have adopted new procedures in response to the novel coronavirus (COVID-19) pandemic. The changes are intended to help the agencies stay open during the crisis, but merging parties should expect lengthier antitrust reviews until normal operations resume. All merger filings with (...)

The US DoJ and FTC publish a public statement regarding their ongoing commitment to antitrust enforcement in mergers and acquisitions during the COVID-19 crisis
Morgan Lewis (New York)
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Morgan Lewis (Washington)
US antitrust laws already on the books facilitate rapid investment without government delay: important practical tools and rules for dealmakers and their counsel in the wake of the coronavirus (COVID-19) pandemic and the current economic challenges. Recently, leaders of both the US Antitrust (...)

The US DoJ wins historic arbitration of a merger dispute forcing the merging parties to fully divest their entire aluminium auto body sheet operations in North America (Novelis / Aleris Corporation) New
US Department of Justice - Antitrust Division (Washington)
Justice Department Wins Historic Arbitration of a Merger Dispute* Novelis Inc. Must Divest Assets to Consummate Transaction with Aleris Corporation The Department of Justice prevailed in a first-of-a-kind arbitration, which will resolve a civil antitrust lawsuit challenging Novelis’s proposed (...)

The Croatian Competition Authority clears concentration between marinas on the Adriatic coast (Venilia Investments)
Croatian Competition Agency (Zagreb)
CCA clears concentration between marinas on the Adriatic coast* Venilia Investments is a part of CVC group – a special-purpose vehicle established exclusively for the purposes of this transaction. The implementation of the concentration concerned will produce effects in the provision of marine (...)

The New Zealand Competition Authority clears acquisition in the market for student management software for childcare providers (Juice Technologies / APT)
New Zealand Commerce Commission
Commission grants clearance for Juice Technologies to acquire APT* The Commerce Commission has granted clearance for Juice Technologies Pty Limited (operating in New Zealand as Infocare Systems Limited) to acquire APT Business Solutions Limited (trading as APT Childcare). In reaching its (...)

The Australian Competition Authority decides not to appeal the Federal Court’s decision in a merger which declared that it would not have the effect, or likely effect, of substantially lessening competition in the supply of retail mobile services (TPG / Vodafone)
Bird & Bird (Sydney)
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Bird & Bird (Sydney)
The ACCC has decided not to appeal the Federal Court of Australia’s highly anticipated judgment in the TPG/Vodafone merger in which it declared that the proposed merger between the two parties would not have the effect, or likely effect, of substantially lessening competition in the supply of (...)

The EU Court of Justice dismisses the appeal made by a Norwegian seafood company against the Commission’s decision in fining the company for putting into effect its acquisition of a salmon producer before getting the approval (Marine Harvest)
Ashurst (London)
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Ashurst (Brussels)
On 4 March 2020, the European Court of Justice ("ECJ") dismissed the appeal made by Norwegian seafood company Marine Harvest against a 2017 ruling of the General Court ("GC") confirming the European Commission ("Commission") 2014 decision fining Norwegian seafood company Marine Harvest for (...)

The EU Court of Justice dismisses the appeal by a seafood company against the Commission’s fine for failure to notify a transaction (Marine Harvest)
Sidley Austin (Brussels)
CJEU Confirms Double Trouble for Gun Jumpers* On 4 March 2020, the European Court of Justice (“CJEU”) rendered its judgment in the Marine Harvest case. The CJEU dismissed Marine Harvest’s appeal against a European Commission (“Commission”) decision in which the Commission imposed two separate fines (...)

The French Competition Authority clears a merger subject to a structural remedy in the bakery market in La Réunion (Pain Frotté /Kin Siong / Lam Tow / Yong Wai Man)
Autorité de la concurrence (Paris)
The Autorité de la concurrence clears, subject to conditions, the takeover, in La Réunion, of the bakery group Pain Frotté by the groups Kin Siong, Lam Tow and Yong Wai Man* The Pain Frotté group operates artisanal bakeries in La Réunion under the trade names “L’Ambassadeur”, “Délicatesses Casta” (...)

The German Competition Authority clears a merger between cinema chains subject to divestitures (CinemaxX / Cinestar)
German Competition Authority (Bonn)
Vue Group (CinemaxX) can acquire Cinestar cinemas subject to conditions* Bonn, 2. March 2020: The Bundeskartellamt has today cleared the merger between the cinema chains CinemaxX and Cinestar subject to the condition that the cinema operators divest cinemas at six different locations to other (...)

The German Competition Authority clears a merger in the market for manufacturing chocolate and nougat spreads (Krüger Group / Peeters)
German Competition Authority (Bonn)
Chocolate and nougat spreads – Merger between Krüger Group and Peeters cleared* Bonn, 2 March 2020: The Bundeskartellamt has cleared the acquisition of the Dutch Peeters group, a manufacturer of chocolate and nougat spreads, by Wilhelm Reuss GmbH, a member of the Krüger Group based in (...)

The Spanish Competition Authority opens a phase II investigation into a proposed merger in the funeral services market as the transaction would create the largest company in the Spanish market for this sector (Sana Lucia) New
Bird & Bird (Madrid)
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Bird & Bird (Madrid)
At the end of last year, a major Spanish insurance group -Santa Lucía- notified to the Spanish Competition authority (the "CNMC") a proposed merger whereby it would acquire the funeral businesses of Funespaña (a subsidiary of Mapfre, a direct competitor of Santa Lucía). This acquisition will be (...)

The US FTC issues special orders to large technology companies requesting information on prior acquisitions completed over the last decade (Alphabet / Amazon / Apple / Facebook / Google / Microsoft)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
On Feb. 11, the Federal Trade Commission announced that it had issued special orders to five large technology companies, requesting information on prior acquisitions completed by the companies during the past 10 years. The FTC’s announcement follows several recent high-profile events relating (...)

The Belgian Competition Authority starts a phase II investigation into the acquisition of two companies active in the sector of production and sales of soft wheat flour (Ceres / Dossche Mills) New
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
At the beginning of the year, the Belgian Competition Authority ("BCA") started a second phase investigation into the acquisition of Ceres NV by Dossche Mills, two companies active in the sector of production and sales of soft wheat flour for human consumption. The main issue concerned the (...)

The OECD holds a roundtable on merger control in dynamic markets
OECD - Competition Division
The modern competition dynamics observed in rapidly-evolving sectors, such as high-technology, consumer services and online retail, is challenging the role of competition authorities in merger control, where enforcement decisions fundamentally depend on an effects-based analysis of the likely (...)

State Aid

The EU Commission approves €600 million Finnish guarantee scheme to support maritime companies affected by the COVID-19 outbreak New
DG COMP (Brussels)
State aid: Commission approves €600 million Finnish guarantee scheme to support maritime companies affected by the coronavirus outbreak* The European Commission has approved a €600 million Finnish aid scheme to support the maritime companies in the context of the coronavirus outbreak. The scheme (...)

The EU Commission approves Lithuanian fund to enable up to €1 billion of liquidity and capital support to medium-sized and large enterprises affected by the COVID-19 outbreak New
DG COMP (Brussels)
State aid: Commission approves Lithuanian fund to enable up to €1 billion of liquidity and capital support to medium-sized and large enterprises affected by the coronavirus outbreak* The European Commission has approved Lithuanian plans to set up a fund with a target size of up to €1 billion (...)

The EU Commission approves Dutch guarantee scheme to stabilise trade credit insurance market in COVID-19 outbreak New
DG COMP (Brussels)
State aid: Commission approves Dutch guarantee scheme to stabilise trade credit insurance market in coronavirus outbreak* The European Commission has approved, under EU State aid rules, a Dutch guarantee scheme to support the trade credit insurance market in face of the coronavirus outbreak. (...)

The EU Commission approves €2.2 billion Polish subsidised loan scheme for large enterprises affected by COVID-19 outbreak New
DG COMP (Brussels)
State aid: Commission approves €2.2 billion Polish subsidised loan scheme for large enterprises affected by coronavirus outbreak* The European Commission has approved a Polish subsidised loan scheme to support large enterprisesin the context of the coronavirus outbreak. The measure was approved (...)

The EU Commission approves €8 billion Austrian scheme to compensate companies for damage caused by COVID-19 outbreak New
DG COMP (Brussels)
State aid: Commission approves €8 billion Austrian scheme to compensate companies for damage caused by coronavirus outbreak* The European Commission has found a €8 billion Austrian scheme to compensate companies for damages related to the coronavirus outbreak to be in line with EU State aid (...)

The EU Commission approves €9 billion Italian “umbrella” scheme to support economy in COVID-19 outbreak New
DG COMP (Brussels)
State aid: Commission approves €9 billion Italian “umbrella” scheme to support economy in coronavirus outbreak* The European Commission has approved a €9 billion Italian “umbrella” scheme to support the Italian economy in the context of the coronavirus outbreak. The scheme was approved under the (...)

The EU Commission approves Danish guarantee scheme to stabilise trade credit insurance market in COVID-19 outbreak New
DG COMP (Brussels)
State aid: Commission approves Danish guarantee scheme to stabilise trade credit insurance market in coronavirus outbreak* The European Commission has approved, under EU State aid rules, a Danish guarantee scheme to support the trade credit insurance market in face of the coronavirus outbreak. (...)

The EU Commission approves State financing granted by Spain for Correos’s universal postal service obligation (Correos)
DG COMP (Brussels)
State aid: Commission approves State financing granted by Spain for Correos’s universal postal service obligation* The European Commission has found the compensation granted by Spain to Correos to fulfil its public service mission (so-called “universal service obligation” or USO) during the (...)

The EU Commission approves €11.5 million Maltese scheme to support investments in the production of COVID-19-relevant products
DG COMP (Brussels)
State aid: Commission approves €11.5 million Maltese scheme to support investments in the production of coronavirus-relevant products* The European Commission has approved a Maltese aid scheme of €11.5 million to support investments in the production of productsthat are relevant to the (...)

The EU Commission approves €1.5 million Latvian scheme to support companies active in the agricultural sector affected by COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €1.5 million Latvian scheme to support companies active in the agricultural sector affected by coronavirus outbreak* The European Commission has approved a €1.5 million Latvian scheme to support companies active in the primary agricultural production sector (...)

The EU Commission approves €322 million Croatian loan guarantees and subsidised loans scheme for micro, small and medium-sized companies affected by COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €322 million Croatian loan guarantees and subsidised loans scheme for micro, small and medium-sized companies affected by coronavirus outbreak* The European Commission has approved an approximately €322 million (HRK 2.450 million) Croatian scheme for loan (...)

The EU Commission approves €25 million Belgian aid scheme to support COVID-19 related research and development activities in Wallonia
DG COMP (Brussels)
State aid: Commission approves €25 million Belgian aid scheme to support coronavirus related research and development activities in Wallonia* The European Commission has approved a €25 million Belgian aid scheme to support coronavirus related research and development (R&D) in Wallonia.The (...)

The EU Commission approves French guarantee scheme for exporting small and midsize companies affected by COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves French guarantee scheme for exporting small and midsize companies affected by coronavirus outbreak* The European Commission has approved, under EU State aid rules, a French guarantee scheme for small and midsize companies with export activities that are affected (...)

The EU Commission invites comments on updated proposal on simplified rules for State aid combined with EU support, inspired by temporary rules for aid to tackle the COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission invites comments on updated proposal on simplified rules for State aid combined with EU support* The European Commission is inviting Member States and other stakeholders to comment on its updated proposal to exempt from prior Commission scrutiny under EU State aid rules (...)

The EU Commission approves € 10.3 billion UK scheme to support self-employed individuals and members of partnerships during the COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves € 10.3 billion UK scheme to support self-employed individuals and members of partnerships during the coronavirus outbreak* The European Commission has approved a GBP 9 billion (approximately € 10.3 billion) UK aid scheme to support self-employed individuals and (...)

The EU Commission approves €500 million Greek scheme to support the self-employed affected by COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €500 million Greek scheme to support the self-employed affected by coronavirus outbreak* The European Commission has approved a €500 million Greek scheme to support self-employed individuals, including self-employed managers of small companies in sectors affected (...)

The EU Commission approves €450 million Polish scheme in the form of loans and guarantees to support companies affected by COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €450 million Polish scheme to support companies affected by coronavirus outbreak* The European Commission has approved a €450 million scheme (approximately PLN 2 billion)to support the Polish economy in the context of the coronavirus outbreak. The support measures (...)

The EU Commission approves €650 million Dutch scheme to compensate companies in the floriculture, speciality horticulture and potato sectors for damage caused by COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €650 million Dutch scheme to compensate companies in the floriculture, specialty horticulture and potato sectors for damage caused by coronavirus outbreak* The European Commission has found a €650 million Dutch scheme that compensates companies in the floriculture, (...)

The EU Commission expands temporary framework to recapitalisation and subordinated debt measures to further support the economy in the context of the COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission expands Temporary Framework to recapitalisation and subordinated debt measures to further support the economy in the context of the coronavirus outbreak* The European Commission has adopted a second amendment to extend the scope of the State aid Temporary Framework (...)

The EU Commission extends its COVID-19 State aid rules to recapitalisation and subordinated debt measure New
White & Case (Brussels)
,
White & Case (Brussels)
,
White & Case (Brussels)
In anticipation of the wave of requests from stricken companies due to the COVID-19 outbreak for more long-term State support, on 8 May, the Commission extended the scope of its State aid Temporary Framework to allow Member States to take stakes in non-financial companies affected by the (...)

The EU Commission authorises State aid measure following the COVID-19 outbreak to help companies cover their immediate liquidity needs through bank loans guaranteed by EU member states New
Hogan Lovells (Paris)
,
Hogan Lovells (Milan)
,
Hogan Lovells (Madrid)
The first State aid measures authorized by the European Commission (Commission) following the COVID-19 outbreak were aimed at helping companies to cover their immediate liquidity needs, mainly through bank loans guaranteed by EU Member States. The significant losses incurred by companies as a (...)

The EU Commission revises its temporary framework for State aid to allow capital injections by EU member states into non financial firms affected by the COVID-19 outbreak New
Morgan Lewis (London)
,
Morgan Lewis (London)
The European Commission has revised its Temporary Framework for State Aid to support the economy during the coronavirus (COVID-19) pandemic to allow capital injections by EU member states into nonfinancial firms affected by the pandemic. To support the economy in the current COVID-19 pandemic, (...)

The EU Commission approves €40 million rescue aid to Croatian mechanical engineering company (Ðuro Ðaković)
DG COMP (Brussels)
State aid: Commission approves €40 million rescue aid to Croatian mechanical engineering company Ðuro Ðaković* The European Commission has approved, under EU State aid rules, Croatia’s decision to grant mechanical engineering company Ðuro Ðaković a State guarantee for a €40.31 million (HRK 300 (...)

The EU Commission approves €314 million Hungarian guarantee scheme to support SMEs active in the agri-food value chain during the COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €314 million Hungarian guarantee scheme to support SMEs active in the agri-food value chain during the coronavirus outbreak* The European Commission has approved a Hungarian scheme to support the agri-food value chain in the context of the coronavirus outbreak, (...)

The EU Commission approves €7.3 million Czech scheme to support research and development activities related to COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €7.3 million Czech scheme to support research and development activities related to coronavirus outbreak* The European Commission has approved a CZK 200 million (approximately €7.3 million) Czech aid scheme to support research and development (R&D) activities (...)

The EU Commission approves €10 million Greek direct grant scheme to support companies in the floriculture sector affected by the COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €10 million Greek scheme to support companies in the floriculture sector affected by the coronavirus outbreak* The European Commission has approved a €10 million Greek State aid scheme to support the floriculture primary production sector in the context of the (...)

The EU Commission approves €296 million Danish loan schemes to support start-ups affected by COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €296 million Danish loan schemes to support start-ups affected by coronavirus outbreak* The European Commission has approved two Danish loan schemes to support start-up companies in the context of the coronavirus outbreak. The loan schemes, with a total budget of (...)

The EU Commission approves €5.2 billion Czech guarantee scheme for loans to large exporting companies affected by COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €5.2 billion Czech guarantee scheme for loans to large exporting companies affected by coronavirus outbreak* The European Commission has approved an approximately €5.2 billion (CZK 142 billion) Czech guarantee scheme for large companies with export activities (...)

The EU Commission approves Belgian €250 million subordinated loan scheme to support start-ups, scale-ups and SMEs affected by the COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves Belgian €250 million subordinated loan scheme to support start-ups, scale-ups and SMEs affected by the coronavirus outbreak* The European Commission has approved a Belgian scheme of €250 million, financed by the Flemish region, to support companies in the context (...)

The EU Commission approves €30 million Italian scheme to support SMEs in the agriculture and fishery sectors affected by COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €30 million Italian scheme to support SMEs in the agriculture and fishery sectors affected by coronavirus outbreak* The European Commission has approved a €30 million Italian scheme to support small and medium-sized enterprises (SMEs) in the agricultural and (...)

The EU Commission approves four Danish schemes granting tax deferrals and comparable measures to ease liquidity constraints in SME’s facing difficulties due to the COVID-19 pandemic
DG COMP (Brussels)
STATE AID: COMMISSION APPROVES €130 MILLION DANISH SCHEMES TO SUPPORT SMES AFFECTED BY CORONAVIRUS OUTBREAK* The European Commission has approved four Danish schemes with a budget of DKK 970 million (approximately €130 million) granting tax deferrals and comparable measures to ease liquidity (...)

The EU Commission approves a Belgian scheme of €530 million to support companies during the COVID-19 outbreak through guarantees
DG COMP (Brussels)
STATE AID: COMMISSION APPROVES GUARANTEE SCHEME OF UP TO €530 MILLION TO SUPPORT THE WALLOON ECONOMY IN CORONAVIRUS OUTBREAK* The European Commission has approved a Belgian scheme of up to €530 million, financed by the Walloon region, to support companies in the context of the coronavirus (...)

The EU Commission approves modification of the State aid Greek scheme to guarantee measure to support companies affected by the COVID-19 crisis
DG COMP (Brussels)
State aid: Commission approves modification of Greek guarantee measure to support companies affected by the coronavirus outbreak* The European Commission has approved Greece’s modification of a previously approved guarantee scheme to support companies affected by the coronavirus outbreak, (...)

The EU Commission approves a €101,5 million Lithuanian rent compensation scheme to support sectors affected by the COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €101.5 million Lithuanian rent compensation scheme to support sectors affected by coronavirus outbreak* The European Commission has approved a Lithuanian €101.5 million rent compensation scheme to support tenants operating in certain sectors, including retail, (...)

The EU Commission approves a €2 billion Slovenian guarantee and rent relief schemes to support companies affected by the COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €2 billion Slovenian guarantee and rent relief schemes to support companies affected by coronavirus outbreak* The European Commission has approved two Slovenian schemes to support companies affected by the coronavirus outbreak. The schemes were approved under the (...)

The EU Commission approves €900 million Hungarian schemes to support companies affected by COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €900 million Hungarian schemes to support companies affected by coronavirus outbreak* The European Commission has approved three Hungarian aid measures, with a total budget of around € 900 million, to support the Hungarian economy in the context of the coronavirus (...)

The EU Commission approves €5 billion loan guarantee by France to the Renault group to mitigate economic impact of COVID-19 outbreak (Renault)
DG COMP (Brussels)
State aid: Commission approves €5 billion loan guarantee by France to the Renault group to mitigate economic impact of coronavirus outbreak* The European Commission has approved a French aid measure consisting of a €5 billion loan guarantee to the Renault group to mitigate the economic impact of (...)

The EU Commission approves German “umbrella” scheme to support research, development, testing and production of COVID-19 relevant products
DG COMP (Brussels)
State aid: Commission approves German “umbrella” scheme to support research, development, testing and production of coronavirus relevant products* The European Commission has approved a German “umbrella” scheme to support research, development, testing and production of coronavirus relevant (...)

The EU Commission approves €1.55 billion Hungarian guarantee scheme to support companies affected by the COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €1.55 billion Hungarian guarantee scheme to support companies affected by the coronavirus outbreak* The European Commission has approved a €1.55 billion (approximately HUF 550 billion) Hungarian aid scheme to support the Hungarian economy in the context of the (...)

The EU Commission approves two additional Estonian schemes including public guarantees and loans to support companies affected by COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves two additional Estonian schemes to support companies affected by coronavirus outbreak* The European Commission has approved two Estonian State aid schemes to support companies affected by the coronavirus outbreak. The schemes were approved under the State aid (...)

The EU Commission approves €200 million Irish scheme in the form of repayable advances to companies affected by the COVID-19 outbreak
DG COMP (Brussels)
Commission approves €200 million Irish scheme to support the economy in the current coronavirus outbreak* The European Commission has found a €200 million Irish scheme to support companies affected by the coronavirus outbreak to be in line with EU State aid rules. The scheme was approved under (...)

The EU Commission approves French scheme deferring payment by airlines of certain taxes to mitigate economic impact of COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves French scheme deferring payment by airlines of certain taxes to mitigate economic impact of coronavirus outbreak* The European Commission has found a French scheme deferring the payment by airlines of certain aeronautical taxes to be in line with EU State aid (...)

The EU Commission approves €1.2 billion French “Fonds de solidarité” scheme for small enterprises in temporary financial difficulties due to COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €1.2 billion French “Fonds de solidarité” scheme for small enterprises in temporary financial difficulties due to coronavirus outbreak* The European Commission has found France’s €1.2 billion scheme to support small and micro-enterprises as well as self-employed people (...)

The EU Commission approves €130 million Danish guarantee scheme for SMEs with export activities affected by COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €130 million Danish guarantee scheme for SMEs with export activities affected by coronavirus outbreak* The European Commission has found a DKK 1 billion (approximately €130 million) Danish liquidity guarantee scheme for small and medium-sized enterprises (SMEs) (...)

The EU Commission approves €1.75 billion Estonian schemes to support companies with loan guarantees and direct loans under favorable terms during COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €1.75 billion Estonian schemes to support economy in coronavirus outbreak* The European Commission has approved two Estonian State aid schemes to support the Estonian economy in the context of the coronavirus outbreak. The schemes were approved under the State aid (...)

The EU Council announces that it will suspend airport slot requirements to help mitigate the economic impact on airlines including State aid in different forms
Morgan Lewis (London)
,
Morgan Lewis (London)
,
Morgan Lewis (London)
The Council of the EU announced on March 30 that the European Union has suspended the airport slot requirements until October 24. The slot requirements require airlines to use at least 80% of their slots in order to be guaranteed usage of those slots in the following year. The waiver of the EU (...)

The EU Commission amends Short-term export-credit insurance Communication in light of economic impact of COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission amends Short-term export-credit insurance Communication in light of economic impact of coronavirus outbreak* The European Commission has decided to temporarily remove all countries from the list of “marketable risk" countries under the Short-term export-credit insurance (...)

The EU Commission consults with Member States on extending the State aid Temporary Framework for COVID-19 outbreak with 5 new measures
DG COMP (Brussels)
Coronavirus: Commission Statement on consulting Member States on the proposal to extend State aid Temporary Framework* This evening, the European Commission has sent to Member States for consultation a draft proposal to extend the State aid Temporary Framework adopted on 19 March 2020 to (...)

The EU Court of Justice annuls the General Court’s decision which ruled that the Greek authorities should have known about the State aid public loan when there was no proof that they were aware of it (Larko) New
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission introduces a Temporary Framework which enables governments to offer extensive State-backed loans to the aviation industry affected by the COVID-19
Shearman & Sterling (Frankfurt)
,
Shearman & Sterling (London)
,
Shearman & Sterling (London)
Although the EU’s introduction of a Temporary Framework has enabled governments to offer extensive State-backed loans, the airline industry needs more than just credit—it will need equity. However, State aid to the aviation industry is strictly regulated by the European Commission (the (...)

The EU Council supports in a virtual meeting the State aid framework that allows Member States to provide relief to the companies and citizens
BEUC (Brussels)
EU competition law and the COVID-19 pandemic - a consumer perspective* We are living through unprecedented challenges in Europe and around the world. Despite the efforts of the European Union and its Member States to contain the spread of the Sars-CoV-2 virus, infection rates are on the rise. (...)

The EU Court of Justice partially annuls a State aid granted by Greece in the context of the privatisation of a large nickel producer (Larko)
Van Bael & Bellis (Brussels)
On 26 March 2020, the Court of Justice partially annulled the judgment of the General Court concerning State aid granted by Greece in the context of the privatisation of Larko, a large nickel producer. The Court of Justice found that the ruling at first instance had wrongly applied the Private (...)

The EU Commission approves under EU State aid rules €1.3 billion Danish scheme that partially compensates the self-employed for the losses of turnover suffered due to the COVID-19
DG COMP (Brussels)
The European Commission has approved under EU State aid rules a DKK 10 billion (approximately €1.3 billion) Danish scheme that partially compensates the self-employed for the losses of turnover suffered due to the coronavirus outbreak. Executive Vice-President Margrethe Vestager, in charge of (...)

The EU Commission approves two separate UK State aid schemes to support SMEs in the context of the COVID-19 outbreak
DG COMP (Brussels)
The European Commission has approved two separate UK State aid schemes to support small and medium-sized enterprises (SMEs) in the context of the coronavirus outbreak. The schemes were approved under the State aid Temporary Framework to support the economy in the context of the COVID-19 (...)

The EU Commission approves the Italian State guarantee supporting a debt moratorium from banks to SMEs affected by the COVID-19 outbreak
DG COMP (Brussels)
The European Commission has approved the Italian State guarantee supporting a debt moratorium from banks to small and medium-sized enterprises (SMEs) affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework to support the economy in the context of (...)

The EU Commission finds Luxembourg’s €300 million scheme to support companies affected by the coronavirus outbreak to be in line with EU State aid rules
DG COMP (Brussels)
The European Commission has found Luxembourg’s €300 million scheme to support companies affected by the coronavirus outbreak to be in line with EU State aid rules. The scheme was approved under the State aid Temporary Framework to support the economy in the context of the COVID-19 outbreak (...)

The EU Commission approves €20 billion Spanish guarantee schemes for companies and self-employed affected by COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €20 billion Spanish guarantee schemes for companies and self-employed affected by coronavirus outbreak* The European Commission has found two Spanish guarantee schemes for companies and self-employed workers affected by the coronavirus outbreak to be in line with (...)

The EU Commission finds Latvian loan guarantee scheme and subsidised loan scheme of €250 million for companies affected by coronavirus outbreak to be in line with EU State aid rules
DG COMP (Brussels)
State aid: Commission approves state support for €250 million Latvian subsidised loan scheme and loan guarantee scheme for companies affected by coronavirus outbreak* The European Commission has found Latvian loan guarantee scheme and subsidised loan scheme for companies affected by coronavirus (...)

The EU Commission approves €3 billion Portuguese State aid schemes for small and medium-sized companies and midcaps affected by the COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves €3 billion Portuguese guarantee schemes for SMEs and midcaps affected by Coronavirus outbreak* The European Commission has found four Portuguese guarantee schemes for small and medium-sized enterprises (SMEs) and midcaps affected by the Coronavirus outbreak to be (...)

The EU Commission approves a €50 million Italian State aid scheme to support the production and supply of medical devices
DG COMP (Brussels)
State aid: Commission approves €50 million Italian support scheme for production and supply of medical equipment and masks during Coronavirus outbreak* The European Commission has approved a €50 million Italian aid scheme to support the production and supply of medical devices, such as (...)

The EU Commission approves a €130 million State aid scheme to help the Danish small and medium-sized enterprises affected by the COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves Danish guarantee scheme for SMEs affected by Coronavirus outbreak* The European Commission has found a DKK 1 billion (approx. €130 million) Danish guarantee scheme for small and medium-sized enterprises (SMEs) affected by Coronavirus outbreak to be in line with EU (...)

The EU Commission approves three French State aid schemes in order to support the economy in the context of the COVID-19 outbreak
DG COMP (Brussels)
State aid: Commission approves French schemes to support economy in Coronavirus outbreak* The European Commission has approved three French State aid schemes to support the French economy in the context of the Coronavirus outbreak. The schemes were approved under the State aid Temporary (...)

The EU Commission adopts a Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
On 19 March 2020, the Commission adopted a Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak (the “Covid-19 Temporary Framework”). This Temporary Framework complements the Communication on a Coordinated economic response to the COVID-19 outbreak (...)

The EU Commission implements a specific and temporary framework for State aid measures to support the EU economy during the COVID-19 outbreak
BCTG Avocats (Paris)
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BCTG Avocats (Paris)
,
BCTG Avocats (Paris)
The current health crisis related to the Covid-19 outbreak has forced several Member States of the European Union (hereinafter the “EU”) to take exceptional containment measures of their population which have resulted in a decrease in the companies’ cash flow and in a freeze on their investments. (...)

The EU Commission takes an important step to facilitate State aid due to the COVID-19 crisis by adopting a temporary framework
Baker McKenzie (Brussels)
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Baker McKenzie (London)
,
Baker McKenzie (Brussels)
Many businesses are increasingly facing severe business disruption and/or liquidity problems as the COVID-19 outbreak spreads. Supply chains are disrupted, workforces quarantined and customer demand is falling. In response, governments across the EU (and the UK) are pledging to do whatever it (...)

The EU Commission adopts a Temporary Framework for State aid in the context of the COVID-19 to support the economy
Morgan Lewis (London)
The European Commission on 19 March adopted a Temporary Framework for State Aid to support the economy in the context of the COVID-19 outbreak, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, which enables the Commission to approve national support measures to (...)

The EU Commission adopts a new Temporary Framework to complement the existing State aid toolbox during the COVID-19 outbreak
Bird & Bird (Copenhagen)
,
Bird & Bird (Brussels)
The Coronavirus (COVID-19) pandemic has been declared an exceptional occurrence, paving the way for more and faster approval of national State aid initiatives in the EU. The massive and unprecedented financial impact on the world economy has led to a number of European governments promising (...)

The EU Commission adopts a Temporary Framework for the assessment of State aid granted to assist firms from entering into difficulties due to the COVID-19 outbreak
Norton Rose Fulbright (Brussels)
In response to the COVID-19 crisis, European Union (EU) President von der Leyen has formed a team led by eight Commissioners to coordinate the EU response to the crisis. This team of Commissioners is advised by a new advisory panel of epidemiologists and virologists. The European Commission (...)

The EU Commission adopts a temporary framework allowing Member States to grant State aid to businesses to help them face the COVID-19 crisis
McDermott Will & Emery (Paris)
,
McDermott Will & Emery (Düsseldorf)
,
McDermott Will & Emery (Düsseldorf)
On 19 March 2020, the European Commission adopted a temporary framework that allows Member States to grant certain State aid to businesses to help them face the economic and financial consequences of the Coronavirus (COVID-19) health crisis. In the wake of this decision—and in a record time of (...)

The EU Commission announces a major relaxation of the State aid rules via a new Temporary Framework during the COVID-19 outbreak
Shearman & Sterling (London)
,
Shearman & Sterling (London)
,
Shearman & Sterling (Brussels)
How will European Competition Enforcers Respond? The COVID-19 pandemic presents an unprecedented challenge to the economy and competition enforcement is no exception. Authorities at EU and national level may need to consider novel solutions to respond to rapidly evolving problems and to (...)

The EU Commission adopts the temporary framework for State aid measures to support the economy during the COVID-19 outbreak New
Van Bael & Bellis (Brussels)
On 19 March 2020, the Commission adopted the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak (“Temporary Framework”). On 4 April 2020, it published a first amendment to the Temporary Frame- work, which significantly broadens its scope of (...)

The EU Commission adopts a Temporary Framework to support the economy in the context of the COVID-19 outbreak
Cleary Gottlieb Steen & Hamilton (Brussels)
,
Cleary Gottlieb Steen & Hamilton (Brussels)
,
Cleary Gottlieb Steen & Hamilton (Rome)
On March 19, the Commission adopted a communication (the “Temporary Framework”) setting out a temporary framework for the implementation of less stringent State aid rules in order to support the economy in the context of the COVID-19 outbreak. Given the limited size of the EU budget, most of the (...)

The EU Commission adopts a new Temporary Framework for State aid in the COVID-19 context to support the business suffering
White & Case (London)
,
White & Case (Brussels)
,
White & Case (Brussels)
The European Commission has now adopted a Framework of temporary State aid rules enabling Member States to adopt measures to support the growing number of businesses suffering because of the COVID-19 outbreak. This is the first time since the 2008 financial crisis that the Commission has (...)

The EU Commissioner Vestager announces a draft proposal for a State aid Temporary Framework to support the economy in the context of the COVID-19 outbreak
Shearman & Sterling (London)
Member States of the EU and the U.K. are announcing massive support packages for companies affected by the coronavirus crisis. These interventions are on a vast scale. Unlike the 2008 financial crisis, the measures we are seeing this week are predominately fiscal rather than monetary policy (...)

The EU Commission delays merger notifications until further notice and develops emergency State aid response to the COVID-19 outbreak
Skadden, Arps, Slate, Meagher & Flom (Brussels)
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
As the COVID-19 pandemic spreads rapidly around the world, and countries take unprecedented measures to contain the spread of the disease, businesses are increasingly struggling with the economic impact of this crisis. While airlines, tour operators and event businesses have been among the (...)

The EU Commission encourages delay of merger notifications and electronic submission as special measures due to COVID-19
Bird & Bird (Copenhagen)
,
Bird & Bird (Brussels)
The Coronavirus (COVID-19) pandemic has been declared an exceptional occurrence, paving the way for more and faster approval of national State aid initiatives in the EU. The massive and unprecedented financial impact on the world economy has led to a number of European governments promising (...)

The Slovenian Ministry of Labour, Family, Social Affairs and Equal Opportunities drafts a measure which aims to retain jobs by protecting employees and, at the same time, assisting the affected companies during the COVID-19 outbreak
CMS Reich-Rohrwig Hainz (Ljubljana)
This Monday, the European Commission President Ursula von der Leyen gave the green light to EU member governments to discuss and adopt state aid rules aimed to assist companies impacted by the coronavirus outbreak. State aid should only be used when it is the appropriate tool to benefit the (...)

The EU Commission issues a communication recalling the various options for Member States that are within the rules and adopts a Temporary Framework for support measures to help with the effects of COVID-19 in order to prevent unfair distortions of competition and trade within the EU’s internal market
WilmerHale (Brussels)
,
WilmerHale (Brussels)
,
WilmerHale (Brussels)
The COVID-19 crisis is first and foremost a health issue, as governments around the world seek to limit and treat its effects and save lives. However, it is also an immediate economic and social issue, as companies and individuals strive to deal with its effects on their livelihoods—from (...)

The EU Commission adopts a series of measures implementing a flexible approach for approving urgent aid granted by member states to companies affected by the COVID-19 outbreak
Sheppard, Mullin, Richter & Hampton (Brussels)
,
Sheppard, Mullin, Richter & Hampton (Brussels)
,
Sheppard, Mullin, Richter & Hampton (Brussels)
The unique EU State aid control law requires, in principle, prior notification by Member States and approval by the Commission of all State aid. During a time of crisis, like the COVID-19 pandemic, EU law allows for a flexible approach for approving urgent State aid. In this post, we discuss (...)

The EU Commission adopts the communication on the coordinated economic response to the COVID-19 outbreak
Van Bael & Bellis (Brussels)
In the wake of the Covid-19 outbreak and its repercussions on businesses, Member States announced that they will adopt all necessary measures to help undertakings in difficulty. The Commission, well-aware of this, has already adopted measures to guide Member States and ensure that their aid (...)

The EU Commission recognises the hotel and leisure sector as one of the sectors hit hardest by the COVID-19 pandemic
Bird & Bird (London)
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Bird & Bird (London)
,
Bird & Bird (Brussels)
The European Commission has recognised the Hotel and Leisure sector as one of the sectors hit hardest by the COVID-19 outbreak. The impact of the COVID-19 crisis on the Hotel and Leisure sector is unparalleled. TheEuropean tourism industry is predicted to experience an estimated financial loss (...)

The EU Commission takes extraordinary health State aid measures to minimise the economic fallout from COVID-19
Kirkland & Ellis (London)
,
Kirkland & Ellis (London)
,
Kirkland & Ellis (London)
EU State Aid and COVID-19* Overview Given the unprecedented challenge faced by European businesses in the wake of the public health measures being adopted, the EU and its Member States are taking extraordinary measures to minimise the economic fallout from COVID-19. Over the coming weeks, (...)

The EU Commission approves the first COVID-19 related State aid notification submitted by Denmark within 24 hours of the notification to compensate damages caused by cancellations of large public events
White & Case (Brussels)
,
White & Case (Brussels)
,
White & Case (Brussels)
As the number of businesses around the EU affected by the COVID-19 outbreak grows, many Member States are considering or have announced substantial supporting packages in an effort to limit the impact of the outbreak on the economy. Across the EU, measures vary, from governmental loans and (...)

The EU Commission decides that Italy granted unlawful State aid in favour of the hotel industry so is required to recover that unlawful aid (Italy / Commission)
Bird & Bird (Brussels)
,
Bird & Bird (Brussels)
In 2008, the European Commission decided that Italy had granted unlawful State aid in favour of the hotel industry in Sardinia. Consequently, Italy was required to recover that unlawful aid, totalling at about EUR 13.7 million. On 29 March 2012, the Court of justice upheld the arguments of the (...)

The EU Court of Justice orders to pay a penalty of €80,000 per day for failing to fully recover incompatible State aid (EU Commission / Italy)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court annuls the EU Commission’s decision that a football club received over €20m in unlawful State aid (Valencia Club)
Oxera (Brussels)
The General Court has annulled the European Commission’s decision that Valencia Club de Fútbol (Valencia CF) received over €20m in unlawful state aid. Oxera undertook the financial analysis that supported Valencia CF’s appeal to the General Court, and which underpinned the annulment of the European (...)

The EU Commission approves a COVID-19 related measure aimed at compensating event organisers for losses caused by cancellation
Cleary Gottlieb Steen & Hamilton
,
Cleary Gottlieb Steen & Hamilton (Washington)
,
Cleary Gottlieb Steen & Hamilton (Brussels)
Recognizing the serious economic consequences that the COVID-19 crisis may create, on March 12 the Commission approved within 24 hours of notification a COVID-19 related measure in Denmark aimed at compensating event organizers for losses caused by cancellations. Following this initial ad hoc (...)

The EU Court of Justice issues a judgement clarifying the rights of interested parties in the context of State aid investigations (Gdynia / Kosakowo)
Van Bael & Bellis (Brussels)
On 11 March 2020, the Court of Justice of the European Union (the “ECJ”) set aside the General Court’s (“GC”) judgment of 17 November 2017, Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v. Commission (T-263/15, the “GC judgment”), which had annulled the Commission Decision on State aid (...)

The EU Court of Justice rules on a preliminary ruling request regarding the Hungarian turnover taxes in the telecoms sector (Vodafone / Tesco / Google)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice clarifies the conditions in which a legal person liable to pay a tax can plead its incompatibility with the EU State aid rules before a national court (Vodafone Magyarország Mobil)
Van Bael & Bellis (Brussels)
On 3 March 2020, the Grand Chamber of the Court of Justice (the “ECJ”) delivered another judgment in the field of taxation and State aid (Vodafone Magyarország Mobil Távközlési Zrt., C-75/18). While this judgment does not substantially develop the case law in this field, it contains useful (...)

Procedures

The UK Competition Authority publishes a second update from its COVID-19 taskforce New
British Competition Authority - CMA (London)
Update on CMA COVID-19 Taskforce* The CMA has published a second update from its COVID-19 Taskforce, which monitors and responds to competition and consumer problems arising from the pandemic. As part of the Taskforce’s work, it is asking the public for information about businesses behaving (...)

The Mexican Competition Authority accepts the First Circuit Collegiate Court’s precedent confirming that the Competition Authority is the national regulator with competence over digital platform merger cases (Uber / Cornershop) New
Mexican Competition Authority (Mexico City)
The Judiciary reaches the decision that COFECE is the competent authority to resolve the concentration between Uber and Cornershop* The Mexican Federal Economic Competition Commission (COFECE or Commission) became aware, through the live broadcast of today’s session of the First Circuit (...)

The French Competition Authority announces re-instatement of certain statutory limits as first measures of the gradual lifting of the state of health emergency in France due to COVID-19 New
Autorité de la concurrence (Paris)
Gradual lifting of the state of health emergency in France: re-instating statutory time limits* The time limits applying to various procedures have been suspended since 12 March 2020, the date on which the health emergency period started in France. Order No. 2020-560 of 13 May 2020 setting out (...)

The French Competition Authority reinstates deadlines for responding to statements of objections and reports which were suspended due to the COVID-19 outbreak
Autorité de la concurrence (Paris)
Reinstatement of deadlines for responding to statements of objections and reports* In a press release dated 27 March 2020, the Autorité de la concurrence stated that “the two-month period available to companies to submit, in application of Article L. 463-2 of the French Commercial Code, their (...)

The Canadian Competition Authority announces that they are increasing their enforcement of deceptive COVID-19 marketing claims
Steve Szentesi Law Corporation (Vancouver)
Competition Bureau Escalates Enforcement of the Competition Act For COVID-19 Related Marketing Claims* On May 6, 2020, the Competition Bureau (Bureau) announced that it was increasing its enforcement of deceptive COVID-19 marketing claims (see: Competition Bureau cracking down on deceptive (...)

The UK Competition Authority announces that they received a lot of complaint in relation to cancellations and refunds through its COVID-19 Taskforce
Macfarlanes (London)
Covid-19: CMA to tackle unfair cancellation policies* The UK Competition and Markets Authority (CMA) has announced that through its Covid-19 Taskforce, which was launched on 20 March 2020, it has received a significant number of complaints in relation to cancellations and refunds. The (...)

The Lithuanian Competition Authority publishes explanatory note clarifying its dawn raids procedure
Lithuanian Competition Authority (Vilnius)
Konkurencijos Taryba Publishes Explanatory Note on Inspections Performed at Business Premises* The Lithuanian competition authority Konkurencijos taryba has prepared an explanatory note for companies and their lawyers to give more clarity on the procedures of the inspections carried out at (...)

The Mexican Competition Authority extends its suspension of legal timelines for some procedures due to the COVID-19 pandemic
Mexican Competition Authority (Mexico City)
Third agreement of the Board of Commissioners on the suspension of legal terms for some procedures filed before COFECE* The Board of Commissioners of the Mexican Federal Economic Competition Commission (COFECE or Commission) agreed to suspend, from May 6 until May 29, legal terms and deadlines (...)

The Finnish Competition Authority clarifies that competition legislation does not prevent necessary measures for safeguarding the supply of personal protective equipment and medicines in the context of COVID-19 outbreak
Finnish Competition and Consumer Authority (Helsinki)
Competition legislation does not prevent necessary measures for safeguarding the supply of personal protective equipment and medicines* The COVID-19 outbreak also affects the application of competition legislation. Companies are permitted to make extraordinary co-operative arrangements for the (...)

The UNCTAD urges competition authorities to use all their tools to combat the adverse consequences of COVID-19 in the markets
United Nations Conference on Trade and Development (UNCTAD)
Defending competition in the markets during COVID-19* Under normal circumstances competition is needed in markets to keep prices low, but with the COVID-19 crisis wreaking havoc on markets the world over, collaboration has taken precedence. The pandemic’s sweeping economic impact has left (...)

The EU Commission publishes a temporary framework for assessing antitrust issues related to business cooperation in response to the COVID-19 outbreak
Van Bael & Bellis (Brussels)
On 8 April 2020, the Commission published a Temporary Framework to assess possible forms of business cooperation in response to the emergency situation caused by the COVID-19 pandemic. More specifically, the Temporary Framework seeks to provide guidance to companies considering cooperation in (...)

The Brazilian Competition Authority agrees to suspend deadline for implementing certain antitrust compliance commitments undertaken in a cartel case Settlement Agreement due to COVID-19 pandemic (Basso / Valbrás)
Caminati Bueno Advogados (São Paulo)
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Caminati Bueno Advogados (São Paulo)
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Caminati Bueno Advogados (São Paulo)
Due to the impacts of the Covid-19 outbreak, the Brazilian Antitrust Authority (“CADE”) agreed to suspend the deadline for implementation of some antitrust compliance commitments undertaken in a Settlement Agreement (“Settlement”) in the context of a cartel investigation. In this short note we (...)

The Spanish Competition Authority announces that it has launched an online hotline for operators to report anticompetitive practices or to make enquiries in matters of competition law related to measures or practices adopted as a result of the health crisis caused by the COVID-19 outbreak
Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
The CNMC bolsters its online whistleblowing hotline to pursue anticompetitive conduct in any sector, although with a special interest in the medical equipment, funeral and cremation services sectors. An enquiries platform is also launched so that operators can make competition law enquiries to (...)

The Spanish Competition Authority makes available a special mailbox for complaints and queries related to the application of competition rules in the context of the health crisis created by COVID-19
Bird & Bird (Madrid)
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Bird & Bird (Madrid)
The Spanish Competition authority (the "CNMC") has made available a special mailbox for complaints and queries related to the application of competition rules in the context of the health crisis created by COVID-19. During these exceptional circumstances, this mailbox is intended to resolve (...)

The EU Commission launches a dedicated website about which EU-wide cooperation initiatives tackling the COVID-19 crisis are compatible with EU competition law
DG COMP (Brussels)
Antitrust: The Commission remains committed to providing swift antitrust guidance on cooperation initiatives in view of the coronavirus crisis* Today, the European Commission launched a dedicated website to provide guidance to companies, associations and their legal advisors where there is (...)

The Indian Competition Authority extends its office closure and suspension of hearing all non-urgent cases in line with the Government’s response to the COVID-19 outbreak
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
On 17 March, the CCI decided to adjourn all but urgent matters listed for hearing until 31 March 2020. A week later, on 23 March, it suspended: (a) all filings in relation to Sections 3 and 4 of the Competition Act (anti-competitive agreements and abuse of dominant position); (b) all (...)

The Hong Kong Competition Authority issues statement on application of Competition Ordinance during COVID-19 outbreak and invites businesses to contact the Authority about their cooperation plans
Hong Kong Competition Commission
Competition Commission issues statement on application of Competition Ordinance during COVID-19 outbreak* The Competition Commission (Commission) is aware of the challenges which the outbreak of COVID-19 poses to business operations and the supply of critical goods and services in Hong Kong. (...)

The Hong Kong Competition Authority publishes a statement on the application of the Competition Ordinance during the COVID-19 crisis
Freshfields Bruckhaus Deringer (Hong Kong)
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Freshfields Bruckhaus Deringer (Hong Kong)
Hong Kong competition regulator issues COVID-19 guidance and takes ‘textbook’ case to court* On 27 March 2020, the Commission issued a statement (PDF) on the application of the Competition Ordinance during the COVID-19 outbreak. The statement covers four key issues: First, it recognises that (...)

The Australian Competition Authority publishes its response to the COVID-19 pandemic in order to adjust the focus of its regulatory activities
Australian Competition and Consumer Commission (Canberra)
ACCC response to COVID-19 pandemic* The ACCC is highly conscious of the impact COVID-19 is having on Australian consumers and businesses, and has adjusted the focus of its regulatory activities accordingly. Most businesses are facing severe disruption, particularly small businesses, and the (...)

The Mexican Competition Authority clarifies enforcement of the Federal Economic Competition Law during the COVID-19 health emergency
Mexican Competition Authority (Mexico City)
COFECE’s position for enforcing the Federal Economic Competition Law in light of the current health emergency* Collaboration agreements between economic agents will not be prosecuted as long as they don’t have the objective of displacing competitors and are necessary, given the present context, (...)

The Czech Competition Authority clarifies competition law enforcement during the COVID-19 pandemic
Czech Competition Authority (Brno)
COMPETITION LAW ENFORCEMENT DURING THE CRISIS CAUSED BY COVID-19 DISEASE* Countries around the globe are currently facing an unprecedented crisis caused by pandemic of the Covid-19 disease, which causes both health and economic difficulties. The Office is aware of the fact that in these (...)

The Czech Competition Authority adopts several measures related to the social and economic consequences caused by the COVID-19 pandemic
Bird & Bird (Czech Republic)
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Bird & Bird (Czech Republic)
Like many other public authorities, the Czech Office for the Protection of Competition (the Office) has adopted several measures related to the social and economic consequences caused by COVID-19. In order to minimize personal contact, the Office has limited public access to the Office’s (...)

The Brazilian Competition Authority clarifies procedural deadlines of the agency following the Government’s new COVID-19 measures
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Clarifications regarding the procedural deadlines of the agency due to the Provisional Measure No. 928, of 23 March 2020* The Administrative Council for Economic Defense (Cade), due to the Provisional Measure No. 928, of 23 March 2020, which included the article 6°-C in the Law No. 13.979, of (...)

The UK Competition Authority publishes guidance on forms of cooperation considered as temporarily permissible during the COVID-19 outbreak
Hogan Lovells (London)
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Hogan Lovells (Brussels)
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Hogan Lovells (London)
Competition/antitrust laws generally require rival firms to operate on the market independently of each other and tolerate cooperation between competitors only in limited circumstances where any resulting loss of competition is clearly offset by consumer benefits. But as businesses scramble to (...)

The EU Commission and EU Member State Competition Authorities issue a joint statement on the application of competition law during the COVID-19 crisis in the context of the European Competition Network
Hogan Lovells (Brussels)
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Hogan Lovells (Milan)
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Hogan Lovells (Brussels)
Cooperation in the life sciences industry and EU competition law in the context of COVID-19 The life sciences industry is facing unprecedented demands due to COVID-19. From front line carers to researchers and scientists, significant efforts are being put towards caring for those suffering (...)

The US DoJ and FTC issue a joint statement announcing an expedited antitrust procedure and provide guidance for collaborations of businesses working to protect the health and safety of Americans during the COVID-19 outbreak
US Federal Trade Commission (FTC) (Washington)
FEDERAL TRADE COMMISSION AND JUSTICE DEPARTMENT ANNOUNCE EXPEDITED ANTITRUST PROCEDURE AND GUIDANCE FOR CORONAVIRUS PUBLIC HEALTH EFFORTS* The Federal Trade Commission and the U.S. Department of Justice Antitrust Division today issued joint statement detailing an expedited antitrust procedure (...)

The Luxembourg Competition Authority clarifies implications of the European Competition Network’s joint statement on competition law during the COVID-19 crisis and announces it will prioritize competition cases related to the pandemic
Luxembourg Competition Council (Liège)
Coronavirus (Covid-19) and the implications for competition law in Luxembourg - joint action of the "European Competition Network (ECN)"* The "European Competition Network (ECN)" issued a joint statement of the European competition authorities for the uniform application of competition law (...)

The European Competition Network and individual EU Member State publishes statements in response to antitrust enforcement due to the COVID-19 outbreak
WilmerHale (Brussels)
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WilmerHale (Brussels)
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WilmerHale (Brussels)
The European Competition Network of the 27 EU Member State Antitrust Authorities (the ‘ECN’), several individual EU Member State antitrust authorities, the UK’s antitrust authority and Norway’s government have issued statements in response to antitrust enforcement and COVID-19, focusing on three (...)

The European Competition Network issues a general joint statement on the application of competition rules during the COVID-19 outbreak
Dechert (Paris)
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Dechert (Brussels)
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Dechert (Paris)
Key Takeaways Following several individual initiatives by member state competition authorities to temporarily relax competition rules in specific sectors, the European Competition Network (which includes the European Commission and all member state competition authorities) has issued a more (...)

The European Competition Network assists and advises companies on the application of the competition rules during the COVID-19 crisis
Crowell & Moring (Brussels)
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Crowell & Moring (Washington)
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Crowell & Moring (Brussels)
European Competition Authorities Provide Guidance on Application of Competition Rules in Times of COVID-19* As the economy in Europe is facing serious challenges due to the COVID-19 outbreak, the European competition authorities are ready to assist and advise companies on the application of (...)

The European Competition Network issues a joint statement on application of competition law during the COVID-19 crisis, including allowing companies cooperation to meet demand, and reminding that excessive pricing will be sanctioned
European Commission (Brussels)
Antitrust: Joint statement by the European Competition Network (ECN) on application of competition law during the Corona crisis* The ECN is fully aware of the social and economic consequences triggered by the COVID-19 outbreak in the EU/EEA. The different EU/EEA competition instruments have (...)

The European Competition Network issues a joint statement announcing that its members will not actively intervene against ’necessary and temporary’ measures to avoid a shortage of supply during the COVID-19 outbreak
McDermott Will & Emery (Düsseldorf)
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McDermott Will & Emery (Düsseldorf)
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McDermott Will & Emery (Brussels)
Amid the economic shocks caused by the Coronavirus (COVID-19) crisis, many industries are facing reduced demand for their products and services. Other industries—notably healthcare and food—are adjusting rapidly to expanding demand requirements and changing consumption patterns due to large-scale (...)

The Canadian Commissioner of Competition issues a statement on the application of competition rules during the COVID-19 virus outbreak
Commonwealth Secretariat (London)
Virtually everyone on earth has been swept up in the COVID-19 pandemic crisis and competition authorities are no different. The Canadian Competition Bureau (the Bureau), which assists the Commissioner of Competition (Commissioner) in the administration and enforcement of the Competition Act (...)

The UK Competition Authority launches a COVID-19 taskforce to ensure compliance in markets affected by the public health emergency and to advise the Government on competition law matters during the outbreak
British Competition Authority - CMA (London)
CMA launches COVID-19 taskforce* The CMA is today launching a taskforce to tackle negative impacts within its remit of the COVID-19 pandemic. The outbreak of COVID-19 is an unprecedented and rapidly evolving challenge that has prompted many concerns that businesses might exploit the situation (...)

The Spanish Competition Authority suspends most procedures in line with the Government’s Royal Decree declaring state of alert, but keeps open the e-services portal for procedures whose parties can prove that delay is against public interest
Spanish Competition Authority (Madrid)
CoVid-19- Announcement from the CNMC on the timelines for administrative procedures* "Additional provision 3 of Royal Decree 463/2020 of 14 March, declaring the state of alert to manage the health crisis situation caused by COVID-19, provides for the suspension of periods and timelines for (...)

The Luxembourg Competition Authority switches to working remotely due to the COVID-19 crisis
Luxembourg Competition Council (Liège)
Coronavirus: Update from the Competition Council* Following government instructions and to ensure the safety of all, our teams switched to telecommuting. Be sure that we have taken all necessary measures to maintain our activities and continue to accompany you, without taking unnecessary (...)

The Hungarian Competition Authority switches all operations to telework, suspends all hearings, and asks new merging parties to consider postponing their mergers as measures due to COVID-19 outbreak
Hungarian Competition Authority (Budapest)
Information on the operation of the Hungarian Competition Authority due to the situation of the pandemic* Dear Clients and Colleagues, We would like to inform you that due to the state of emergency (State of Emergency) declared by the Government Decree 40/2020 (III.11.) on 11 March 2020, as (...)

The Belgian Competition Authority switches completely to teleworking due to COVID-19 and invites companies to delay all non-urgent mergers
Belgian Competition Authority (Brussels)
COVID-19 measures* The offices of the Belgian Competition Authority (BCA) are closed until further notice. All staff members are teleworking and the handling of cases will continue. While we strive to ensure the continuity of public service, the containment measures imposed by the Government (...)

The US Senate passes the CARES Act as a response to the COVID-19 crisis and tackles numerous issues on several fronts in an effort to stabilize the economy
White & Case (Washington)
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White & Case (Washington)
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White & Case (Washington)
The Coronavirus Aid, Relief, and Economic Security ("CARES") Act provides no modifications to, or relief from, the US antitrust laws (specifically, the Sherman Act, 15 U.S.C. §§ 1-38; Clayton Act, 15 U.S.C. § 12-27; and Robinson-Patman Act, 15 U.S.C. § 13). But some major businesses are forming (...)

The Mexican Competition Authority suspends legal timeframes for most procedures due to COVID-19, except for mergers, public tenders, concessions, and permits
Mexican Competition Authority (Mexico City)
The Board of Commissioners decrees to stop legal terms for some procedures filed before COFECE* This measure does not apply to procedures for the notification of concentrations, the verification of notifications for concentrations that were legally bound to be presented before the Commission, (...)

The Russian Supreme Court and the Council of Judges issue a joint resolution to address measures Russian State Courts must take to limit the spread of the COVID-19
Dechert (Moscow)
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Dechert (Moscow)
On March 18, 2020, Russia’s Supreme Court and the Counsel of Judges issued Joint Resolution No. 808 to address measures Russian state courts must take to limit the spread of COVID-19 (the “Resolution”). The Resolution makes reference to the Federal Law on Sanitary and Epidemic Safety, the (...)

The UK Competition Authority switches to telework, suspends almost all physical shipments of documents, but promises to continue processing cases by set deadlines amid COVID-19 pandemic
British Competition Authority - CMA (London)
COVID-19: CMA working arrangements* Along with other businesses and organisations, the CMA continues to monitor the outbreak of COVID-19 and has adjusted its working arrangements in response. The Competition and Markets Authority (CMA) is concerned above all to ensure the safety and (...)

The German Competition Authority remains operational amidst COVID-19 outbreak, but asks undertakings to postpone submitting non-urgent cases
German Competition Authority (Bonn)
Communication with the Bundeskartellamt (Coronavirus measures)* The Bundeskartellamt’s operating capacity is currently ensured. We will inform you without delay of any limitations that may arise in the context of the coronavirus pandemic. You can contact us as usual by e-mail, phone, or fax, (...)

The Malaysian Competition Authority temporarily closes its offices following the Government’s Movement Restriction Order due to COVID-19
Malaysia Competition Commission (Kuala Lumpur)
NOTICE OF TEMPORARY CLOSURE OF MyCC OFFICE* In light of the current situation regarding the COVID-19 outbreak in Malaysia and the recent Movement Restriction Order announced by the Honorable Prime Minister on the 16th of March 2020; the Malaysia Competition Commission (MyCC) will be closing (...)

The Belgian Federal Government mitigates the negative effects of the COVID-19 crisis on Belgian companies and associations in light of the current lockdown measures
Van Bael & Bellis (London)
As is the case in many other European countries, the Belgian Federal Government is trying to further mitigate the negative effects of the Covid-19 crisis on Belgian companies and associations in light of the current confinement measures. Amongst other initiatives, it is preparing a draft act (...)

The Austrian Competition Authority temporarily suspends most business operations and announces an electronic system for submitting merger notifications as special measures due to COVID-19
Austrian Competition Authority (Vienna)
Corona (Covid-19) Update Further measures by the Austrian Federal Competition Authority 16. March 2020* The AFCA is doing its utmost in the current situation to maintain at least limited business operations, taking into account the current circumstances in terms of organisation, human (...)

The World’s Authorities present steps to minimise the impact of COVID-19 on antitrust related issues that businesses may confront in the coming days of the outbreak
Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (Washington)
I. INTRODUCTION The COVID-19 pandemic presents unprecedented issues for businesses and we recognize that antitrust is unlikely to be your most important concern at this time. However, some forethought may mitigate risk of future exposure, and position your business as well as possible in this (...)

The German Federal Court of Justice defines, in line with EU case-law, the substantive and procedural requirements for establishing causality in cartel-related damages actions (Rail Cartel)
University of Vienna
By its ruling in Rail Cartel II (Schienenkartell II), delivered on 28 January 2020, the German Federal Court of Justice (Bundesgerichtshof) has clarified the respective prerequisites to establish, on the one hand, causality which gives rise to liability (haftungsbegründende Kausalität), and on (...)

Regulatory

The Dutch Competition Authority allows hospitals, hospital pharmacies, and pharmaceutical wholesalers to collaborate during COVID-19 outbreak to prevent or reduce any shortages of essential drugs New
Netherlands Authority for Consumers & Markets (The Hague)
ACM: room for collaboration involving the distribution of essential drugs for COVID-19 patients* Hospitals, hospital pharmacies, and pharmaceutical wholesalers are allowed to collaborate closely with each other during the current coronavirus (COVID-19) outbreak in order to prevent or reduce (...)

The Romanian Competition Authority issues findings from its study on the impact of the collaborative economy on the competitive environment and the competition policy New
Romanian Competition Council (Bucharest)
The Development of the Collaborative Economy and the Relaxation of Market Access Conditions for Traditional Service Providers Leads to the Improvement of Competition* The Coronavirus pandemic has demonstrated once again that digitalization, increasing the importance of platforms, technological (...)

The Mexican Competition Authority invites the public to complete a questionnaire on competition in rail transport New
Mexican Competition Authority (Mexico City)
COFECE invites the public to complete a questionnaire on competition in rail transport* With this exercise, the Commission initiates its works to draft a document about competition in the public service for rail freight transport aimed at detecting possible obstacles to the efficient (...)

The US DoJ announces its first approval of a COVID-19 competitor collaboration which is not involving medical supplies New
Robins Kaplan (New York)
DOJ Signs Off On First COVID-Related Competitor Collaboration Not Involving Medical Supplies* On May 15, 2020, the Antitrust Division of the Department of Justice announced its first approval of a COVID-19 competitor collaboration that does not involve equipment or medications directly related (...)

The German Competition Authority reports substantial differences in fuel prices at different petrol stations, exacerbated by the effects on oil prices by the COVID-19 pandemic
German Competition Authority (Bonn)
Substantial price differences at petrol stations - Bundeskartellamt publishes Annual Report of the Market Transparency Unit for Fuels* The Bundeskartellamt has published its 2019 annual report on the work of its Market Transparency Unit for Fuels today. Andreas Mundt, President of the (...)

The UK Competition Authority consults on commitments offered by two major airlines in the Atlantic Joint Business Agreement to resolve competition concerns over airline routes with consideration for the effects of COVID-19 pandemic (American Airlines / British Airways)
British Competition Authority - CMA (London)
CMA consults on BA and American Airlines commitments* British Airways and American Airlines have offered commitments to resolve the CMA’s competition concerns over an agreement about airline routes between the UK and US. The airlines will make slots available at London Heathrow or Gatwick (...)

The Mexican Competition Authority issues recommendations to the National Energy Control Center Agreement on ensuring stability in the electricity markets during COVID-19 pandemic
Mexican Competition Authority (Mexico City)
COFECE issues recommendations to the National Energy Control Center (CENACE) Agreement* During the health emergency, competitive electricity prices are of the utmost relevance. COFECE’s recommendations seek to avoid a permanent increase in electricity rates or an increase of subsidies by the (...)

The Lithuanian Competition Authority suggests to the Government stricter liability for major retailers’ unfair practices with suppliers
Lithuanian Competition Authority (Vilnius)
Konkurencijos Taryba Suggests Stricter Liability For Major Retailers‘ Unfair Practices To Suppliers* After conducting the monitoring of the implementation of the Law on the Prohibition of Unfair Practices of Retailers (Law), in its report provided to the Government the Lithuanian competition (...)

The EU Commission announces the adoption of exceptional derogations from EU competition rules to allow certain types of cooperation in the agri-food industry during the COVID-19 outbreak
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
The European Commission (EC) on May 4 announced the adoption of exceptional derogations from EU competition rules to allow certain types of cooperation in the following sectors: milk and milk products, potatoes, and live plants and flowers, as part of a wider package to support the agri-food (...)

The EU Commission announces a package of measures to support the food and agriculture sector and mitigate the effects of the COVID-19 outbreak, including relaxing some antitrust rules on cooperation
Norton Rose Fulbright (Brussels)
On May 4, 2020, the European Union (EU) announced a package of measures to support the food and agriculture sector and mitigate the effects of the COVID-19 outbreak, including relaxing some antitrust rules on cooperation. The European Commission (EC) had previously announced measures to (...)

The EU Commission adopts measures aimed at mitigating the effects of COVID-19 in the agri-food sector New
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
In response to the ongoing COVID-19 pandemic, the European Commission (“EC”) is taking steps to stabilise the most affected sectors of the economy. As part of its efforts, the EC has announced its support for the agricultural and food sectors which are severely affected by the pandemic. This (...)

The Australian Competition Authority allows electricity and gas companies to co-operate to provide financial relief to residential and business customers who may be financially impacted by the COVID-19 pandemic
Australian Competition and Consumer Commission (Canberra)
Electricity and gas companies to co-operate on relief package* The ACCC has granted conditional interim authorisation to allow the Australian Energy Council and wholesale and retail energy businesses to co-operate to provide financial relief to residential and business customers who may be (...)

The UK Parliament adopts a dairy produce order which aims at relaxing UK competition law on certain aspects of cooperation between dairy suppliers and service producers so as to deal with the issues in the supply chain caused by the COVID-19 pandemic New
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
The UK Parliament on May 1 adopted the Dairy Produce Order, which temporarily relaxes the application of UK competition law to certain types of cooperation between either dairy produce suppliers or logistic service providers to address issues in the supply chain caused by the ongoing (...)