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Latest News issue: April 2021 - II

General antitrust

 The UK Government launches the Digital Markets Unit as the first step towards an unashamedly pro-competition regime focused on the position of Tech giants New
Hogan Lovells (London)
United Kingdom 3 contributions 159 visits
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Hogan Lovells (London)
United Kingdom 4 contributions 378 visits
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Hogan Lovells (London)
United Kingdom 1 contribution 35 visits
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The UK Government has launched the much anticipated Digital Markets Unit (DMU) as a first step towards an “unashamedly pro-competition" regime focused on the position of “tech giants”. The DMU will, however, initially lack its own enforcement powers and there is still a lot to play for in terms (...)

The EU Commission issues a second competition comfort letter in support of pharmaceutical cooperation to combat COVID-19 New Free
Van Bael & Bellis (Brussels)
Belgium 7 contributions 1411 visits
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Van Bael & Bellis (Brussels)
Belgium 12 contributions 1036 visits
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Van Bael & Bellis (Brussels)
Belgium 96 contributions 20372 visits
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On Monday 29 March 2021, the European Commission’s Directorate General for Competition (the Commission) published its second “new style” comfort letter. It was addressed to the organisers of an online “matchmaking event” that runs on 29 and 31 March 2021 and brings together more than 300 parties (...)

The Dusseldorf Court aspires to submit, once it is phrased, its questions to the EU Court of Justice about a social network data protection (Facebook) New
Spieker & Jaeger (Dortmund)
1 contribution 22 visits
Of Pricing Guns, Social Networks and GDPR: The Düsseldorf Higher Regional Courts submits Facebook Case to the CJEU* On 24 March 2021 the Higher Regional Court (‘Oberlandesgericht’) of Düsseldorf put yet another twist to the ‘Facebook Saga’. Although the formal written submission is not yet (...)

The Italian Competition Authority proposes pro-competitive legislative changes to the Government New
Hogan Lovells (Milan)
Italy 8 contributions 1701 visits
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Hogan Lovells (Milan)
Italy 2 contributions 132 visits
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Hogan Lovells (Milan)
United States 1 contribution 41 visits
The document provides a summary of the proposal for pro-competitive legislative changes submitted by the Italian Competition Authority to the Italian Government on 23 March 2021. The Italian Competition Authority identifies eight trajectories of possible reform: 1. Measures to encourage and (...)

The UK Competition Authority announces the first work plan for digital markets New
Ashurst (London)
United Kingdom 26 contributions 11540 visits
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Ashurst (London)
United Kingdom 15 contributions 1365 visits
On 10 March 2021, the Digital Regulation Cooperation Forum ("DRCF") published its first annual plan of work for 2021/22. The plan of work establishes a road map for how the Competition and Markets Authority ("CMA"), the Office of Communications ("Ofcom") and the Information Commissioner’s (...)

The Belgian Competition Authority sets out its key policy priorities for 2021 New
Bird & Bird (Brussels)
Belgium 10 contributions 389 visits
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Bird & Bird (Brussels)
Belgium 2 contributions 136 visits
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Bird & Bird (Brussels)
Belgium 1 contribution 20 visits
On 10 March 2021, the Belgian Competition Authority (“BCA”) published its Priority Policy Note for the year ahead (available in French and Dutch). Impact of COVID-19 The BCA acknowledges that 2021 will be a year of recovery following the negative impact of the COVID-19 crisis on the Belgian (...)

The Australian Competition Authority accepts a court-enforceable undertaking from two credit card companies about concerns that one of them may have limited competition regarding debit card acceptance through its dealings with large merchants (Visa) New
Ashurst (Sydney)
Australia 13 contributions 468 visits
On 10 March 2021, Visa AP (Australia) Pty Ltd and Visa Worldwide Pte Limited (together, "Visa") entered into a court enforceable undertaking with the Australian Competition Consumer Commission ("ACCC"), seeking to address the ACCC’s concerns that Visa was leveraging its substantial market power (...)

The Dutch Competition Authority publishes its market study into the access for "Mobility as a Service" providers to public transportation services in the Netherlands New
Bird & Bird (The Hague)
Netherlands 3 contributions 672 visits
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Bird & Bird (Amsterdam)
Netherlands 31 contributions 4010 visits
On 8 March 2021, the Authority for Consumers & Markets (‘ACM’) published its market study into the access for Mobility as a Service (‘MaaS’) providers to public transportation services in the Netherlands. A MaaS platform integrates various methods of transport across different providers which (...)

The EU Commission’s Fit for Future Platform selects 15 initiatives to help simplify and modernize EU law after the COVID-19 outbreak New Free
Jones Day (Brussels)
Belgium 6 contributions 796 visits
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Jones Day (Brussels)
Belgium 14 contributions 19380 visits
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Jones Day (Brussels)
Belgium 4 contributions 424 visits
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On 5 March 2021, the Commission announced the Fit for Future Platform’s selection of 15 initiatives aimed at simplifying EU law. Launched in May 2020, the Platform gathers a high-level expert group to assist the Commission with simplifying existing EU laws and reducing administrative burdens (...)

The UK Parliament publishes proposals for a radical overhaul of the national competition regime following Brexit New
Covington & Burling (London)
United Kingdom 4 contributions 527 visits
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Covington & Burling (London)
United Kingdom 1 contribution 107 visits
On 16 February, John Penrose MP published his long-awaited report into the UK’s competition regime. Penrose was tasked by the UK Government with reviewing how the UK’s competition regime can: Play a central role in meeting the challenges of the post COVID-19 economy and in driving recovery. The (...)

The UK Parliament issues an independent report which calls for streamlining and enhanced legal predictability in the national antitrust regime New
Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 28 contributions 13424 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 49 contributions 20766 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 18 contributions 4424 visits
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Commissioned by the U.K. government to review its antitrust regime, Conservative Member of Parliament John Penrose’s “Power to the People” report proposes streamlined, modest changes rather than wholesale reform to the current regime. The report’s recommendations are outlined below: Merger reviews (...)

The UK Parliament publishes an independent report on the state of national competition law New
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 21 contributions 27571 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 14 contributions 4156 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 2 contributions 91 visits
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On 16 February 2021, John Penrose MP published an independent report on improving competition and consumer protection in the UK (the Report). It finds that the UK’s competition and consumer regime “has a good reputation, but not a great one”; progress on “cutting the costs of red tape” has stalled; (...)

The EU Commission holds a conference following its consultation on competition policy contributing to the European Green Deal New
Hausfeld (Amsterdam)
Netherlands 2 contributions 132 visits
‘I like the dreams of the future better than the history of the past’ Introduction Climate change is one of the main challenges of our time. In addressing this issue there are a variety of potential solutions and instruments. At the European Union (the “EU”) level the European Green Deal aims to (...)

The Swedish Competition Authority publishes a report which covers the increasing influence of digital platforms within the field of competition law New
Bird & Bird (Copenhagen)
Denmark 29 contributions 1922 visits
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Bird & Bird (Copenhagen)
Denmark 5 contributions 169 visits
In February 2021 the Swedish Competition Authority (“SCA”) published a report which covers the increasing influence of digital platforms within the field of competition law. Themes of the report In its report, the SCA has analysed five markets along with the SCA´s previous decisional practice (...)

The EU General Court registers a complaint by a major digital platform against the Commission for allowing a parallel investigation by the Italian Competition Authority to continue while there is already an ongoing European Economic Area investigation (Amazon) New
Bird & Bird (Brussels)
Belgium 41 contributions 6693 visits
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Bird & Bird (Madrid)
Spain 23 contributions 1228 visits
1. The revolution of digital platforms Digital platforms have burst onto the market in recent years. There is no doubt that their ability to offer a large variety of products and services, the ease of use by retailers and consumers, and the reduction of investment and search costs involved, (...)

The Turkish Competition Authority announces its decision to launch a fully-fledged investigation against Big Tech companies (Facebook / WhatsApp) New
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 105 contributions 35239 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 20 contributions 2851 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 1 contribution 29 visits
Introduction The Competition Board recently announced its decision to launch a fully fledged investigation, ex officio, against Facebook Inc, Facebook Ireland Ltd, WhatsApp Inc and WhatsApp LLC (together, ’Facebook’) in order to assess whether they had violated Article 6 of Law 4054 on the (...)

The EU Commission and the UK Government agree on a Trade and Cooperation Agreement that has consequences on competition law post-Brexit New
Ashurst (London)
United Kingdom 1 contribution 21 visits
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Ashurst (London)
United Kingdom 1 contribution 21 visits
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Ashurst (London)
United Kingdom 1 contribution 21 visits
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The UK officially left the European Union (EU) at 11:00 pm on 31 January 2020. However, as part of the Withdrawal Agreement with the EU to help the UK transition away from EU membership, EU law continued to apply to the UK as if it were still a Member State until the end of 31 December 2020. On (...)

The EU Commission reaches an agreement with the United Kingdom on the terms of their future cooperation after the Brexit New
Portolano Cavallo (Milan)
Italy 12 contributions 202 visits
On DECEMBER 24, 2020, the European Commission reached an agreement with the United Kingdom on the terms of its future cooperation with the European Union. The EU-UK Trade and Cooperation Agreement (TCA), provisionally applicable as of January 1, 2021, rests on three main pillars, which are a) (...)

The EU Commission publishes legislative proposals for the Digital Markets Act and the Digital Services Act to regulate conducts in the digital sector including the power to impose fines New
Zepos & Yannopoulos (Athens)
Greece 4 contributions 200 visits
On 15 December, the European Commission (“Commission”) published its legislative proposals for the Digital Markets Act (“DMA”) and the Digital Services Act (“DSA”). The proposals introduce new ex ante obligations for a wide range of firms active in the digital sphere, as well as significant new (...)

Anticompetitive practices

 The French Competition Authority fines three sandwich manufacturer for creating a cartel (Roland Monterrat / La Toque Angevine / Daunat) New
Bird & Bird (Paris)
France 21 contributions 1160 visits
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Bird & Bird (Paris)
France 9 contributions 515 visits
The French Competition Authority (“FCA”) recently fined the three main French manufacturers of sandwiches for mass retail distribution for having implemented a volume and customer allocation plan over a six-year period and agreed on the price level to be offered to their customers (€24.5 million (...)

The Australian Federal Court approves a plan for an airline company to pay its fine in installments (Garuda) New
Australian Competition and Consumer Commission (Canberra)
Australia 213 contributions 29967 visits
Garuda drops appeal, to pay $19m price fixing penalty in instalments* The Federal Court has approved a payment plan for airline PT Garuda Indonesia Ltd (Garuda) to pay a $19 million penalty the Court previously ordered relating to a long-running ACCC action against a global price fixing cartel (...)

The US DoJ charges two clinical directors for price-fixing for health care workers and obstructing the FTC’s investigation New
US Department of Justice - Antitrust Division (Washington)
United States 74 contributions 15333 visits
Second Individual Charged with Fixing Wages for Health Care Workers and Obstructing FTC Investigation* A federal grand jury in the Eastern District of Texas returned a superseding indictment charging two Texas men with conspiring to fix prices by lowering rates paid to certain health care (...)

The Russian Competition Authority initiates an investigation against a national internet-based service provider (Yandex) New
Russian Federal Antimonopoly Service (Moscow)
France 288 contributions 34041 visits
The FAS Russia has initiated case against Yandex* The company has not fulfilled the warning of the FAS Russia on termination of discriminatory conditions in the market of web search On February 20, 2021 the FAS Russia issued a warning to Yandex LLC, according to which the organization had a (...)

The Danish Competition Authority and other Competition Authorities publish a joint memorandum on online pharmacy markets in the Nordics New
Danish Competition and Consumer Authority (Copenhagen)
Denmark 101 contributions 24747 visits
Nordic Competition Authorities: Online pharmacies can increase competition in the pharmacy sector* The Nordic Competition Authorities have 14.4.2021 published a joint memorandum on online pharmacy markets in the Nordics. The memorandum finds that the size and regulation of online pharmacy (...)

The German Competition Authority ensures equal opportunities for online sales regarding a national equipment manufacturer’s distribution model (Liebherr) New
German Competition Authority (Bonn)
Germany 325 contributions 66154 visits
Bundeskartellamt ensures equal opportunities for online sales in the new Liebherr distribution model* After an intervention by the Bundeskartellamt, Liebherr-Hausgeräte Vertriebs- und Service GmbH has agreed not to use certain clauses in its sales conditions which in the authority’s preliminary (...)

The US DoJ indicts a bidder for bid-rigging at an online auction for surplus Government equipment (GSA) New
US Department of Justice - Antitrust Division (Washington)
United States 74 contributions 15333 visits
Bidder Pleads Guilty to Riggings Bids at Online Auctions for Surplus Government Equipment* A Missouri man pleaded guilty today to rigging online bids submitted to the General Services Administration (GSA). According to court documents, Alan Gaines pleaded guilty to the one-count indictment (...)

The UK Competition Authority launches its Digital Markets Unit in order to boost and regulate online competition New
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 200 contributions 37293 visits
New watchdog to boost online competition launches* A tough new regulator to help make sure tech giants such as Facebook and Google cannot exploit their market dominance to crowd out competition and stifle innovation online has launched. Digital Markets Unit begins work marking major milestone (...)

The Austrian Competition Authority accepts commitments and closes its pharmaceutical pricing investigation on the sale of a brain tumor treatment (Merck Sharp / Dohme) New
Van Bael & Bellis (Brussels)
Belgium 7 contributions 1411 visits
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Van Bael & Bellis (Brussels)
Belgium 12 contributions 1036 visits
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Van Bael & Bellis (Brussels)
Belgium 96 contributions 20372 visits
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On 2 April 2021, the Austrian competition authority accepted commitments and closed its case concerning pricing strategies alleged to unlawfully hinder entry by generic competitors. According to the authority’s press release, the investigated pricing strategy concerned the product Temodal (...)

The US DoJ indicts a health care staffing company for collusion in order to suppress wages of school nurses (VDA OC)
US Department of Justice - Antitrust Division (Washington)
United States 74 contributions 15333 visits
Health Care Staffing Company and Executive Indicted for Colluding to Suppress Wages of School Nurses* Alleged allocation and wage-fixing scheme targeted nurses staffed at the Clark County School District who were serving medically fragile students. A federal grand jury in Las Vegas, Nevada, (...)

The EU Court of Justice provides guidance on the circumstances in which an infringement of competition law can be imputed to a parent company (Slovak Telekom / Deutsche Telekom) New
Ashurst (London)
United Kingdom 26 contributions 11540 visits
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Ashurst (Brussels)
Belgium 26 contributions 3129 visits
In its ruling in Deutsche Telekom v Commission (C-152/19 P), the European Court of Justice ("ECJ") provided guidance on the application of the Bronner case law to refusal to supply cases, as well as on the relevant facts, and on the circumstances in which an infringement of competition law can (...)

The EU Court of Justice dismisses the appeals of several pharmaceutical companies involved in an agreement seeking to delay the marketing of the generic antidepressant citalopram (Lundbeck) New
European Court of Justice (Luxembourg)
Luxembourg 24 contributions 5091 visits
The Court of Justice dismisses the appeals of a number of manufacturers of medicines involved in an agreement seeking to delay the marketing of the genericantidepressant citalopram* The European Commission had imposed on them fines of almost € 150 million From the late 1970’s, the Danish (...)

The EU Court of Justice confirms the pay-for-delay infringement decision in the pharmaceutical sector (Lundbeck) New
Van Bael & Bellis (Brussels)
Belgium 6 contributions 427 visits
On 25 March 2021, the European Court of Justice (“ECJ”) dismissed all appeals against the 2016 rulings of the General Court which had upheld the European Commission’s (“Commission”) decision to fine Lundbeck and four generic pharmaceutical companies (Merck, Alpharma, Arrow and Ranbaxy) for (...)

The French Competition Authority closes an investigation into a national construction federation regarding a green label (FBTP 31) New
French Competition Authority (Paris)
France 611 contributions 242717 visits
Ethibat label: the Autorité is closing an investigation into the French Construction and Public Works Federation of Haute-Garonne (FBTP 31)* The Autorité is closing an investigation into the French Construction and Public Works Federation of Haute-Garonne (FBTP 31) regarding the ETHIBAT label. (...)

The EU Court of Justice reduces fine imposed on a company in the steel abrasives cartel case (Pometon) New
Van Bael & Bellis (Brussels)
Belgium 7 contributions 1411 visits
,
Van Bael & Bellis (Brussels)
Belgium 12 contributions 1036 visits
On 18 March 2021, the European Court of Justice (“ECJ”) delivered its judgment in Pometon SpA v European Commission (Case C-440/19) in connection with the Steel Abrasives cartel case. In its judgment, the ECJ partially upheld the appeal in so far as it found that the General Court had breached (...)

The EU Commission publishes the results of the public consultation on the review of the motor vehicle block exemption regulation New
Bird & Bird (Brussels)
Belgium 41 contributions 6693 visits
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Bird & Bird (Brussels)
Belgium 3 contributions 128 visits
On 17 March 2021, the European Commission (“EC”) published a summary of the contributions on the review of the Motor Vehicle Block Exemption Regulation (“MVBER”) (“Consultation”). The MVBER is due to expire on 31 May 2023. The contributions will be used by the EC to determine whether it should let (...)

The Danish High Court founds that the agreement fixing the price of subscriptions concluded by a natural gas company had an anticompetitive intent and breached the Competition Act (Hovedstadsregionens og Midt-Nords Naturgasselskab I/S) New
Bird & Bird (Copenhagen)
Denmark 29 contributions 1922 visits
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Bird & Bird (Copenhagen)
Denmark 5 contributions 169 visits
The Danish High Court has affirmed that Article 6(1) of the Danish Competition Act (corresponding to Article 101(1) TFEU), was infringed by a natural gas company, Hovedstadsregionens og Midt-Nords Naturgasselskab I/S (“HMN”), the trade association and two subcontractors, as these parties entered (...)

The UK Competition Authority disqualifies five directors in relation to two separate construction cartels (Campbell / Hudson / Sherling) New
Ashurst (London)
United Kingdom 15 contributions 1365 visits
The Competition and Markets Authority ("CMA") has disqualified five directors in relation to two separate construction cartels. Three of the directors were disqualified following an investigation by the CMA into two of the UK’s largest suppliers of rolled lead roofing materials, Associated Lead (...)

The UK Competition Authority secures five directors disqualifications across two investigations (Campbell / Hudson / Sherling) New
Van Bael & Bellis (London)
7 contributions 213 visits
On 10 March 2021 and 18 March 2021 respectively, the UK’s Competition and Markets Authority (“CMA”) announced that it had secured the disqualification of five company directors, after finding that they had infringed competition law by forming cartels in the construction industry, following two (...)

The Munich Regional Court bans the preferential display within a search engine of information exclusively drawn from a state-run health portal (Google) New
Hausfeld (Berlin)
Germany 5 contributions 140 visits
On February 10th, 2021, the antitrust chamber of the German Regional Court of Munich granted two summary judgments in favor of the health portal NetDoktor, banning the preferential display within Google search results pages of boxes with information exclusively drawn from a state-run health (...)

The French Competition Authority accepts a building games company’s commitments to correct price discrimination against online retailers (Lego) New
University Paris Saclay
1 contribution 19 visits
While the rules on price discrimination lack clarity, the French competition Authority has missed the opportunity to do its part. In order to compensate for the price increase of its products, the Lego France company created a discount scheme for the benefit of its resellers. The discount (...)

The EU General Court annuls partially the Commission’s decision ordering dawn raids on the premises of French supermarkets and their joint purchasing alliance (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises) New
Portolano Cavallo (Milan)
Italy 29 contributions 1181 visits
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Portolano Cavallo (Milan)
Italy 12 contributions 202 visits
On October 5, 2020, the General Court of the European Union partially annulled decisions of the European Commission ordering dawn raids on the premises of French supermarkets Casino and Intermarché and their joint purchasing alliance INCA Auchats (see cases T-249/17, T-254/17 and T-255/17). The (...)

Unilateral Practices

 The UK Competition Appeal Tribunal increases the Competition Authority’s fine imposed on a musical instrument firm for abuse of dominant position (Roland) New
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 200 contributions 37293 visits
CAT increases fine after musical instrument firm breaks settlement bargain* The CMA has welcomed a Competition Appeal Tribunal judgment dismissing an appeal against a fine it imposed, instead increasing the fine from £4m to £5m. In June 2020, the Competition and Markets Authority (CMA) fined (...)

The Russian Supreme Court confirms the Competition Authority’s decision to sanction a national railway company for abuse of dominant position (Russian Railways) New
Russian Federal Antimonopoly Service (Moscow)
France 288 contributions 34041 visits
The cassation supported decision of the FAS russia in relation to russian railways* The company violated antimonopoly legislation and abused its dominant position The Arbitration Court of the Moscow District supported the position of the FAS Russia in relation to Russian Railways JSC. As the (...)

The Chinese Competition Authority fines $2.8 billion an online market platform for abusing its dominant position (Alibaba) New
University of Macau - Faculty of Law (Macau)
China 282 contributions 214923 visits
China’s antitrust penalty for Alibaba: reading between the lines* On 10 April 2021, the State Administration for Market Regulation (SAMR), China’s competition authority responsible for the enforcement of the Anti-Monopoly Law (AML), announced the imposition of CNY 18 billion fine on Alibaba for (...)

The EU Commission opens a formal investigation to assess whether a power exchange company abused its dominant position (EPEX Spot) New
DG COMP (Brussels)
Belgium 769 contributions 1631036 visits
Antitrust: Commission opens investigation into possible anticompetitive behaviour by the power exchange EPEX Spot* The European Commission has opened a formal investigation to assess whether the power exchange EPEX Spot SE (‘EPEX Spot’) has been taking advantage of its dominant position to (...)

The Indian Competition Authority grants interim relief to hotel franchisees in the online travel agents’ market (MMT-GO / Treebo / FabHotels)
Khaitan (New Delhi)
India 2 contributions 420 visits
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Khaitan (New Delhi)
India 1 contribution 114 visits
Although India’s competition law has contained an interim measure provision since inception, two things stood about the Competition Commission’s (“Commission”) usage of interim measures – (i) the overall frequency (or lack) of its usage; and (ii) its limited usage in a low shelf-life Bollywood (...)

The Italian Competition Authority accepts a company’s commitments in abuse of dominance probe in the market for natural gas distribution (Italgas) New
Ashurst (Milan)
Italy 1 contribution 18 visits
The Italian Competition Authority ("ICA") has recently closed with commitments an investigation against Italgas for an alleged abuse of dominance consisting of the refusal to supply essential information to the Venice municipality which was launching a tender concerning gas distribution (...)

The German Competition Authority accepts a postal service company’s commitments to end its discount system for the dispatch of newspapers and magazines (Deutsche Post) New
Ashurst (Frankfurt)
Germany 9 contributions 2122 visits
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Ashurst (Munich)
Germany 4 contributions 132 visits
On 26 February 2021, the German Federal Cartel Office ("FCO") closed its six-year investigation into Deutsche Post AG ("DPAG") after securing commitments in connection with practices relating to the dispatch of newspapers and magazines. The FCO suspected that DPAG had abused its dominant (...)

The Italian Competition Authority ends an infringement proceeding by adopting a commitment decision following a natural gas distributor’s abusive conduct (Italgas) New
Giannino SI (Monserrato)
Italy 141 contributions 120428 visits
By a commitment decision made on 23 February 2021 the Italian Competition Authority (ICA) has closed an Article 102 TFEU investigation against a distributor of natural gas. This undertaking was found to have abused its dominant position by frustrating a competitive tender procedure organized by (...)

Mergers

 The UK, German and Australian Competition Authorities agree on a joint statement on merger control New
German Competition Authority (Bonn)
Germany 325 contributions 66154 visits
Competition Agencies from Germany, the UK and Australia agree on Joint Merger Statement* Today, the Bundeskartellamt, the UK’s Competition and Markets Authority (CMA) and the Australian Competition and Consumer Commission (ACCC) have agreed on a joint statement on merger control. The joint (...)

The Australian Competition Authority clears the merger between two software companies (MYOB / GreatSoft) New
Australian Competition and Consumer Commission (Canberra)
Australia 213 contributions 29967 visits
MYOB’s acquisition of GreatSoft not opposed* The ACCC will not oppose MYOB Invest Co Pty Ltd’s acquisition of GreatSoft Pty Ltd, finding the transaction is not likely to substantially lessen competition. MYOB and GreatSoft both supply practice management software to medium-to-large accounting (...)

The UK Competition Authority finds that a merger between two investment platforms would raise significant competition concerns following its re-examination (FNZ / GBST) New
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 200 contributions 37293 visits
Competition concerns remain about FNZ’s purchase of GBST* The CMA has provisionally found that a deal between FNZ and GBST would raise significant competition concerns, following its re-examination of available evidence. The Competition and Markets Authority (CMA) reassessed the deal, (...)

The EU Commission approves the merger between two waste management companies subject to conditions (Suez / Schwarz) New
DG COMP (Brussels)
Belgium 769 contributions 1631036 visits
Mergers: Commission approves acquisition of certain Suez waste management companies by the Schwarz Group, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of certain Suez waste management companies in Germany, Luxembourg, the (...)

The German Competition Authority clears the merger between two book retailers (Thalia / Lehmanns) New
German Competition Authority (Bonn)
Germany 325 contributions 66154 visits
Bundeskartellamt clears takeover of Lehmanns by Thalia* The Bundeskartellamt has today cleared the proposed acquisition of the specialist literature provider Lehmanns by the book retailer Thalia. With over 380 bookshops, Thalia is by far the largest bookstore chain in Germany. Lehmanns is (...)

The French Competition Authority clears a merger between two national slaughterhouses subject to conditions (Ronsard / LDC) New
French Competition Authority (Paris)
France 611 contributions 242717 visits
The Autorité de la concurrence clears, subject to conditions, the acquisition of the Ronsard Group by the LDC Group* A number of slaughterhouses will have to be divested to maintain sufficient competition for poultry farmers. On 8 January 2021, the LDC Group notified the Autorité of its plan to (...)

The UK Competition Authority provisionally clears merger between two telecommunications companies (Virgin / O2) New
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 200 contributions 37293 visits
CMA provisionally clears merger of Virgin and O2* The CMA has provisionally cleared the proposed merger of Virgin Media and Virgin Mobile with O2. Both Virgin and O2 provide certain wholesale services to other mobile network operators in the UK, as well as retail services to consumers. The (...)

The EU Commission opens an in-depth investigation into a proposed merger between two-panel manufacturers (Kingspan / Trimo) New
DG COMP (Brussels)
Belgium 769 contributions 1631036 visits
Mergers: Commission opens in-depth investigation into proposed acquisition of Trimo by Kingspan Page contents* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Trimo, arhitekturne rešitve, d.o.o. (‘Trimo’) by Kingspan Group plc (‘Kingspan’), under (...)

The EU Commission acknowledges two airline companies’ announcement to withdraw from the proposed merger (Air Canada / Transat) New
DG COMP (Brussels)
Belgium 769 contributions 1631036 visits
Statement by Executive Vice-President Vestager on announcement by Air Canada and Transat to withdraw from proposed merger* The European Commission takes note of Air Canada and Transat’s announcement that they have decided to terminate the proposed merger agreement according to which Air Canada (...)

The UK Takeover Panel publishes a response statement explaining the changes that are going to be made to the Takeover Code New
Hogan Lovells (London)
United Kingdom 2 contributions 60 visits
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Hogan Lovells (London)
United Kingdom 1 contribution 22 visits
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Hogan Lovells (London)
United Kingdom 1 contribution 22 visits
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The Takeover Panel has just published its response statement (2020/1) making important changes to the Takeover Code regarding offer conditionality and timetable. They take effect on 5 July 2021 and will apply in relation to firm offers announced on or after that date. We set out our initial (...)

The US DoJ requires a waste management company to divest its assets to proceed with the acquisition of its competitor (Republic / Santek) New
US Department of Justice - Antitrust Division (Washington)
United States 74 contributions 15333 visits
Justice Department Requires Republic Services to Divest Assets to Proceed with Santek Acquisition* Divestiture Will Preserve Competition in Markets for Small Container Commercial Waste Collection and Municipal Solid Waste Disposal in Six Local Markets in Five States The Department of Justice (...)

The UK Takeover Panel publishes a response statement following its consultation on the changes that are going to be made to the Takeover Code New
Herbert Smith Freehills (London)
United Kingdom 2 contributions 418 visits
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Herbert Smith Freehills (London)
United Kingdom 2 contributions 418 visits
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Herbert Smith Freehills (London)
United Kingdom 2 contributions 418 visits
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Overview The Takeover Panel has published a response statement, RS 2020/1, following its consultation (PCP 2020/1) on the Takeover Code provisions relating to conditions to an offer, particularly those relating to regulatory / merger control clearance, and the offer timetable. The changes (...)

The US FTC challenges the merger between a pharmaceutical company and a cancer detection test manufacturer (Grail / Illumina) New
US Federal Trade Commission (FTC) (Washington)
United States 59 contributions 7933 visits
FTC Challenges Illumina’s Proposed Acquisition of Cancer Detection Test Maker Grail* Agency alleges vertical merger would harm competition in the U.S. market for life-saving Multi-Cancer Early Detection tests The Federal Trade Commission has filed an administrative complaint (a public version (...)

The EU Commission provides guidance regarding its policy change to article 22 of the EU Merger Regulation New
Covington & Burling (Brussels)
Belgium 21 contributions 14038 visits
,
Covington & Burling (Brussels)
Belgium 3 contributions 239 visits
On 26 March 2021, the European Commission (“Commission”) published a Staff Working Paper summarising the findings of its evaluation of procedural and jurisdictional aspects of EU merger control (the “Evaluation”), along with a communication providing guidance regarding its change in approach to the (...)

The EU Commission publishes guidance and expands its jurisdiction by capturing transactions below the jurisdictional thresholds of national and EU merger control regimes New
Orrick, Herrington & Sutcliffe (London)
United Kingdom 5 contributions 1157 visits
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Orrick, Herrington & Sutcliffe (London)
United Kingdom 4 contributions 1075 visits
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Orrick, Herrington & Sutcliffe (London)
United Kingdom 2 contributions 175 visits
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The European Commission (“Commission”) is expanding its jurisdiction over transactions by encouraging national competition authorities (“NCAs”) of the EU Member States to ‘refer’ certain transactions to it that fall below the thresholds for mandatory notification at the EU and the national level. On (...)

The EU Commission launches a major merger control reform New
Norton Rose Fulbright (Brussels)
Belgium 23 contributions 9588 visits
EU Commission Launches Major Merger Control Reform* On March 26, the EU Commission announced a major reform of EU Merger Regulation (EUMR) procedures, arguably the most significant since the 2004 adoption of the current EUMR. The current EUMR expanded EU jurisdiction by broadening the EUMR (...)

The EU Commission publishes guidance on the application of the referral mechanism set out in article 22 of the merger regulation to certain categories of cases New
McDermott Will & Emery (Brussels)
Belgium 4 contributions 513 visits
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McDermott Will & Emery (Brussels)
Belgium 47 contributions 90337 visits
The European Commission wants to be able to block or conditionally approve transactions, mainly in the digital economy and in the pharmaceutical sector, even when the thresholds for notification are not met. In publishing its new Article 22 Guidance, the Commission has significantly expanded (...)

The EU Commission publishes guidance on its broadened Member State referral system New
Freshfields Bruckhaus Deringer (London)
United Kingdom 2 contributions 249 visits
,
Freshfields Bruckhaus Deringer (London)
United Kingdom 3 contributions 297 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 7 contributions 17192 visits
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The European Commission (EC) has published guidance on its new policy to encourage and accept referral requests from Member States under Article 22 of the EU Merger Regulation (EUMR) even where transactions do not meet the national merger control thresholds of the referring Member States (see (...)

The EU Commission announces evaluation results and follow-up measures on jurisdictional and procedural aspects of EU merger control New
DG COMP (Brussels)
Belgium 769 contributions 1631036 visits
Mergers: Commission announces evaluation results and follow-up measures on jurisdictional and procedural aspects of EU merger control* The European Commission has published today a Staff Working Document that summarises the findings of the evaluation of procedural and jurisdictional aspects of (...)

The EU Commission issues guidance on the application of the referral mechanism set out in article 22 of the Merger Regulation expanding its antitrust reviews to non-reportable transactions New
Jones Day (Brussels)
Belgium 11 contributions 5465 visits
,
Jones Day (Paris)
France 26 contributions 21178 visits
,
Jones Day (Brussels)
Belgium 8 contributions 3262 visits
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In Short The Situation: According to the European Commission ("EC"), an increasing number of competitively significant transactions have evaded merger notification because one or both of the transacting parties (but typically a small, high value target) did not meet EC or any Member State (...)

The EU Commission revamps its approach to Member State referrals as set out in article 22 of the Merger Regulation New
Hogan Lovells (Munich/Frankfurt)
Germany 3 contributions 4550 visits
,
Hogan Lovells (Dusseldorf)
Germany 6 contributions 1065 visits
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Hogan Lovells (Dusseldorf)
Germany 2 contributions 151 visits
On 26 March 2021, the European Commission (“Commission”) has, without any public consultation, published its new guidance on accepting merger referrals from Member States under Article 22 of the European Merger Regulation (“EUMR”), which it had announced last year. This document (the “Guidance”) (...)

The EU Commission publishes guidance on article 22 referrals for transactions falling below national thresholds New
Herbert Smith Freehills (Brussels)
Belgium 72 contributions 47357 visits
,
Herbert Smith Freehills (London)
United Kingdom 11 contributions 1297 visits
,
Herbert Smith Freehills (Dusseldorf)
4 contributions 784 visits
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On 26 March 2021 the EU Commission (Commission) published revised guidance on the referral mechanism set out in Article 22 of the EU Merger Regulation (EUMR), under which the Commission will now accept referrals from Member States for deals that fall below the domestic jurisdictional thresholds (...)

The Spanish Competition Authority clears a merger between two national banks (Bankia / Caixabank) New
Bird & Bird (Madrid)
Spain 23 contributions 1228 visits
The Spanish Competition authority (“CNMC”) has cleared Caixabank’s acquisition of state-owned financial entity Bankia in phase I, subject to conditions. This transaction gives rise to the merger between the third and the fourth largest financial entities in Spain, with 660 billion euros worth of (...)

The UK Competition Authority publishes its revised Merger Assessment Guidelines New
Payment Systems Regulator (PSR)
United Kingdom 4 contributions 967 visits
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Bird & Bird (London)
United Kingdom 15 contributions 720 visits
In March 2021, the Competition & Markets Authority (CMA) published its revised Merger Assessment Guidelines (MAGs) along with a Quick Guide, complementing the revision of its Guidance on jurisdiction and procedure, which was published in December 2020. The updated MAGs underpin the CMA’s (...)

The UK Competition Authority publishes its revised Merger Assessment Guidelines along with a quick guide complementing the revision of its Guidance on jurisdiction and procedure New
Payment Systems Regulator (PSR)
United Kingdom 4 contributions 967 visits
,
Bird & Bird (London)
United Kingdom 15 contributions 720 visits
In March 2021, the Competition & Markets Authority (CMA) published its revised Merger Assessment Guidelines (MAGs) along with a Quick Guide, complementing the revision of its Guidance on jurisdiction and procedure, which was published in December 2020. The updated MAGs underpin the CMA’s (...)

The UK Competition Authority publishes the revised Merger Assessment Guidelines New
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 5 contributions 508 visits
,
Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 10 contributions 1570 visits
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 18 contributions 4424 visits
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The U.K.’s Competition & Markets Authority (CMA) has released new merger assessment guidelines that confirm the U.K. regulator’s intensified approach to merger control. The guidelines largely codify the CMA’s recent output, which includes record-high numbers of prohibitions and deal (...)

The EU Commission and other Competition Authorities announce the formation of a multilateral pharma merger working group New
Van Bael & Bellis (Brussels)
Belgium 16 contributions 3516 visits
On 16 March 2021, the European Commission, the UK Competition and Markets Authority (“CMA”), the Canadian Competition Authority and the US competition authorities announced the formation of a trans-Atlantic working group to exchange best practices on pharmaceutical mergers. Pharmaceutical mergers (...)

The French Administrative Supreme Court rejects an appeal by an employee representative body concerning a merger approval (Mondadori) New
Ashurst (Paris)
France 36 contributions 39233 visits
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Ashurst (Paris)
France 13 contributions 2085 visits
On 9 March 2021, the French Administrative Supreme Court (Conseil d’Etat) rejected an appeal by Mondadori’s social and economic committee ("SEC") in relation to the French Competition Authority’s ("FCA") decision to approve Reworld Media’s takeover of Mondadori France. The French Administrative (...)

The Turkish Competition Authority publishes its merger & acquisitions overview report regarding its activities in terms of merger control in 2020 New
ACTECON (Istanbul)
Turkey 3 contributions 521 visits
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ACTECON (Istanbul)
Turkey 6 contributions 630 visits
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ACTECON (Istanbul)
Turkey 2 contributions 74 visits
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The Turkish Competition Authority’s (“TCA“) Mergers and Acquisitions Overview Report for 2020 (“Report“) has been published at the TCA’s official website on March 5, 2021. The Report provides an overview of the TCA’s activities in terms of merger control in 2020 and includes statistical information on (...)

The US FTC announces that the Hart-Scott-Rodino Act thresholds will fall to $92 Million New
Jones Day (Washington DC)
United States 17 contributions 5087 visits
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Jones Day (Washington DC)
United States 8 contributions 1718 visits
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Jones Day (Chicago)
United States 9 contributions 788 visits
The Federal Trade Commission ("FTC") announced that the Hart-Scott-Rodino ("HSR") Act thresholds will decrease slightly in 2021. These thresholds determine which mergers and acquisitions must be reported to the federal government before consummation. The lower thresholds take effect on March 4, (...)

The US FTC releases the revised thresholds for determining whether companies are required to notify federal antitrust authorities about a transaction under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 New
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 8847 visits
,
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
United States 9 contributions 1607 visits
,
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 11 contributions 1992 visits
On February 1, 2021, the Federal Trade Commission (FTC) released the revised thresholds for determining whether companies are required to notify federal antitrust authorities about a transaction under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). If a proposed (...)

The US FTC announces annual changes to HSR thresholds for merger notification New
White & Case (Washington)
United States 29 contributions 17702 visits
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White & Case (Washington)
United States 18 contributions 11709 visits
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White & Case (Washington)
United States 10 contributions 3160 visits
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On February 1, 2021, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The FTC is required by law to revise the jurisdictional thresholds annually, based on the change in gross national product. Accordingly, the 2021 (...)

The EU Commission clears a merger, subject to remedies, in the market of manufacturing and supplying doors (Assa Abloy / Agta Record) New
DG COMP (Brussels)
Belgium 769 contributions 1631036 visits
Mergers: Commission approves Assa Abloy’s acquisition of Agta Record, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Agta Record by Assa Abloy. The approval is conditional on the implementation of a remedy package by Assa (...)

State Aid

 The EU Commission adopts revised regional aid guidelines New
DG COMP (Brussels)
Belgium 769 contributions 1631036 visits
State aid: Commission adopts revised Regional Aid Guidelines* The European Commission has adopted revised EU guidelines on regional State aid (the “Regional Aid Guidelines”), setting out the rules under which Member States can grant State aid to companies to support the economic development of (...)

The EFTA Surveillance Authority approves Norwegian umbrella scheme to support businesses in the context of the COVID-19 pandemic New Free
EFTA Surveillance Authority (Brussels)
Belgium 59 contributions 6939 visits
COVID-19 pandemic: ESA approves Norwegian umbrella scheme to support businesses* The EFTA Surveillance Authority (ESA) has today approved a Norwegian umbrella scheme allowing municipalities to support local businesses that are suffering due to the ongoing COVID-19 pandemic. Preventive (...)

The EU General Court of Justice finds that the aid measures introduced by Sweden and Denmark for an airline company’s damage resulting from the cancellation or rescheduling of flights in the wake of travel restrictions caused by the COVID-19 pandemic comply with EU law ( Ryanair) New Free
General Court of the European Union (Luxembourg)
Luxembourg 19 contributions 3949 visits
Aid measures introduced by Sweden and Denmark for SAS for damage resulting from the cancellation or rescheduling of flights in the wake of travel restrictions caused by the Covid-19 pandemic comply with EU law* Given that SAS’s market share is much higher than that of its closest competitor in (...)

The EU Commission invites interested parties to provide comments on a proposed revision of State aid Framework for research, development and innovation New
DG COMP (Brussels)
Belgium 769 contributions 1631036 visits
State aid: Commission invites interested parties to provide comments on proposed revision of State aid Framework for research, development and innovation* The European Commission has launched today a public consultation inviting all interested parties to comment on a proposed targeted revision (...)

The EU Commission approves €1.74 billion Danish scheme to support mink farmers and related businesses in the context of the COVID-19 pandemic New Free
DG COMP (Brussels)
Belgium 769 contributions 1631036 visits
State aid: Commission approves €1.74 billion Danish scheme to support mink farmers and related businesses in context of coronavirus outbreak* The European Commission has approved under EU State aid rules, an approximately €1.74 billion (DKK 13 billion) Danish scheme to compensate mink farmers (...)

The EU Commission approves up to €4 billion French measure to recapitalise a national airline company (Air France) New Free
DG COMP (Brussels)
Belgium 769 contributions 1631036 visits
State aid: Commission approves up to €4 billion French measure to recapitalise Air France* The European Commission has approved French plans to grant up to €4 billion for the recapitalisation of Air France through its Holding company. The measure was approved under the State aid Temporary (...)

The EU Commission approves €400 million Dutch loan scheme to support companies providing package travel and linked travel arrangements in the context of the COVID-19 pandemic New Free
DG COMP (Brussels)
Belgium 769 contributions 1631036 visits
State aid: Commission approves €400 million Dutch loan scheme to support companies providing package travel and linked travel arrangements in context of coronavirus outbreak* The European Commission has approved a €400 million Dutch loan scheme to support companies providing package travel and (...)

The EU Commission approves amended Member State measures under the Temporary Framework to support the economy after the COVID-19 outbreak New Free
Jones Day (Brussels)
Belgium 6 contributions 796 visits
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Jones Day (Brussels)
Belgium 14 contributions 19380 visits
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Jones Day (Brussels)
Belgium 4 contributions 424 visits
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Since the onset of the coronavirus outbreak, the European Commission has adopted a significant number of State aid measures under Article 107(2)b, Article 107(3)b and under the Temporary Framework. The most recent measures adopted to support the economy and companies affected by coronavirus (...)

The EU Court of Justice confirms shortcomings of the Commission’s State aid investigation into progressive turnover-based taxes adopted by Hungary and Poland New
Van Bael & Bellis (Brussels)
Belgium 25 contributions 1837 visits
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Van Bael & Bellis (Brussels)
Belgium 136 contributions 24517 visits
On 16 March 2021, the Grand Chamber of the European Court of Justice (“ECJ”) rejected the appeals brought by the Commission against the General Court’s (“GC)” judgments concerning progressive turnover-based taxes adopted by Hungary (Case C-596/19 P) and Poland (Case C-562/19 P). The national (...)

The Serbian Government publishes rules on regional State aid for further alignment of the legislation with the EU’s acquis New
BDK (Podgorica)
Montenegro 16 contributions 398 visits
The Government of Serbia adopted on 11 March 2021 two new bylaws under the State Aid Control Act (Zakon o kontroli državne pomoći, Official Gazette of the Republic of Serbia no. 73/2019): the Regulation on Conditions and Criteria for Compliance of Regional State Aid (Uredba o uslovima i (...)

The EU Court of Justice decides that the various components of a tax system form an indivisible whole and the effect they produce differ (Fútbol Club Barcelona) New
College of Europe (Bruges)
Belgium 277 contributions 39573 visits
“Global” Assessment of Tax Schemes* It is incumbent on the Commission to carry out a global assessment of tax schemes. But it must take into account only those provisions of schemes that apply ex ante and do not depend on the circumstances of individual tax payers. Only when aid has to be (...)

The EU Court of Justice rules that a football club received illegal State aid and sets aside the judgment of the General Court (Fùtbol Club Barcelona) New
Ashurst (Brussels)
Belgium 13 contributions 25138 visits
On 4 March 2021, the European Court of Justice ("ECJ") handed down its much awaited judgment in the Fùtbol Club Barcelona ("FCB") case. It set aside the judgment of the General Court. As a result, the European Commission’s decision classifying as State aid a tax scheme that was available to four (...)

The EU Court of Justice further relaxes the standards of review of “aid schemes” and annuls the General Court’s judgment on Spanish football clubs (Fútbol Club Barcelona) New
Van Bael & Bellis (Brussels)
Belgium 136 contributions 24517 visits
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Van Bael & Bellis (Brussels)
Belgium 25 contributions 1837 visits
On 4 March 2021, the European Court of Justice (“ECJ”) delivered another interesting judgment (Case C-362/19 P) in the “Spanish football club saga”, which set aside the General Court’s (“GC”) judgment of 26 February 2019, Fútbol Club Barcelona v Commission (Case T-865/16, the “judgment under appeal”), (...)

The EU Court of Justice confirms that support measures adopted by an Italian bank consortium did not constitute State aid (Banca Popolare di Bari) New
Ashurst (Brussels)
Belgium 26 contributions 3129 visits
On 2 March 2021, the European Court of Justice ("ECJ") dismissed in its entirety the European Commission’s appeal against the General Court’s judgment regarding financial support adopted by an Italian consortium of banks for the benefit of one of its members. The General Court found correctly (...)

The EU Court of Justice confirms that Italian deposit guarantee scheme intervention in support of a bank did not constitute State aid (Banca Popolare di Bari) New
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 6 contributions 10640 visits
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Cleary Gottlieb Steen & Hamilton (Rome)
Italy 2 contributions 621 visits
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Link Campus University (Rome)
Italy 2 contributions 1724 visits
On March 2, 2021, in dismissing the appeal brought by the European Commission against the judgment of the EU General Court in the Tercas case, the EU Court of Justice issued a landmark ruling on the standard of proof for the imputability to the State of support measures granted by private (...)

The EU Commission decides that an incompatible aid was granted by the Estonian ministry of rural affairs to a private company that produced milk, meat and cereals (AS Tartu Agro) New
College of Europe (Bruges)
Belgium 277 contributions 39573 visits
Lease Contracts and Competitive Selection* Introduction After receiving a complaint, the Commission opened a formal investigation into alleged State aid granted by the Estonian Ministry of Rural Affairs to AS Tartu Agro, a private limited company, which produced milk, meat and cereals. (...)

The EU Commission issues its State aid guidance on national recovery and resilience plans and makes it clear that all investment projects must comply with State aid rules New Free
Jones Day (Brussels)
Belgium 11 contributions 5465 visits
,
Jones Day (Paris)
France 26 contributions 21178 visits
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Jones Day (Madrid)
Spain 3 contributions 482 visits
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In Short The Situation: The European Commission has launched its largest ever stimulus package to support recovery of EU economies from the COVID-19 pandemic’s unprecedented economic and social disruption. Each EU Member State must submit a recovery plan and funding requests for Commission (...)

The EU Commission approves amended Estonian scheme worth €450 million to support the production of electricity from renewable sources New
DG COMP (Brussels)
Belgium 769 contributions 1631036 visits
State aid: Commission approves amended Estonian scheme worth €450 million to support production of electricity from renewable sources* The European Commission has approved, under EU State aid rules, the modification of the existing aid scheme to support electricity production from renewable (...)

The EU Commission decides that a State guarantee can bridge the funding gap of an infrastructure project in the energy sector (LNG Terminal) New
College of Europe (Bruges)
Belgium 277 contributions 39573 visits
State Guarantee to an Energy Project* A state guarantee can bridge the funding gap of an infrastructure project. Introduction State aid rules allow energy infrastructure projects to be supported by as much aid as is necessary to bridge their “funding gap”; i.e. the difference between the (...)

Procedures

 The US Court of Appeals for the Ninth Circuit clarifies class certification standards in an antitrust appeal (Olean Wholesale Grocery / Bumble Bee Foods) New
Jones Day (San Francisco)
United States 3 contributions 160 visits
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Jones Day (San Francisco)
United States 1 contribution 48 visits
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Jones Day (Irvine)
1 contribution 48 visits
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The Ninth Circuit approved use of statistical analysis that relies on averaging but reversed class certification because the district court failed to resolve whether more than a de minimis number of putative class members were injured. On April 6, 2021, in Olean Wholesale Grocery Coop. v. (...)

The EU Court of Justice dismisses the appeals of several manufacturers of medicines involved in an agreement seeking to delay the marketing of the generic antidepressant citalopram (Lundbeck)
White & Case (Brussels)
Belgium 17 contributions 5249 visits
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White & Case (Dusseldorf)
Germany 13 contributions 4169 visits
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White & Case (Brussels)
Belgium 25 contributions 54044 visits
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On 25 March 2021, the European Court of Justice ("ECJ") dismissed all the appeals against the European Commission’s decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement agreements. The judgments largely repeat the position taken by the ECJ (...)

The EU Court of Justice dismisses the appeals of several manufacturers of medicines against the General Court’s judgment upholding the Commission’s pay-for-delay infringement decision (Lundbeck) New
Covington & Burling (Brussels)
Belgium 1 contribution 45 visits
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Covington & Burling (Brussels)
Belgium 4 contributions 344 visits
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Covington & Burling (Brussels)
Belgium 21 contributions 14038 visits
On 25 March 2021, the Court of Justice of the European Union (“CJEU”) dismissed the appeals by Lundbeck, Merck KGaA (and Generics UK), Arrow, Alpharma (and Xellia) and Ranbaxy, against the General Court’s (“GC”) judgment upholding the European Commission’s (“Commission”) 2013 pay-for-delay (...)

The EU Court of Justice dismisses appeals by several manufacturers of medicines regarding pay-for-delay patent settlement agreements (Lundbeck) New
Van Bael & Bellis (Brussels)
Belgium 7 contributions 1411 visits
,
Van Bael & Bellis (Brussels)
Belgium 12 contributions 1036 visits
,
Van Bael & Bellis (Brussels)
Belgium 96 contributions 20372 visits
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On 25 March 2021, the Court of Justice of the European Union (CJEU) dismissed all appeals against the decision of the European Commission (the Commission) to fine Lundbeck and four generic pharmaceutical companies (Alpharma, Arrow, Merck, and Ranbaxy) for concluding “pay-for-delay” patent (...)

The EU Court of Justice dismisses the appeals of several manufacturers of medicines and upholds the Commission’s decision regarding a pay-for-delay infringement (Lundbeck) New
Herbert Smith Freehills (Brussels)
Belgium 72 contributions 47357 visits
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Herbert Smith Freehills (London)
United Kingdom 3 contributions 542 visits
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Herbert Smith Freehills (Brussels)
Belgium 9 contributions 1461 visits
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On 25 March 2021, the Court of Justice of the EU (“CJEU”) dismissed the appeals by Lundbeck and five producers of generic medicines against the General Court’s (GC) judgments that upheld the Commission’s decision and the fines it had imposed in its first pay-for-delay infringement decision in 2013. (...)

The Turkish Competition Authority introduces a settlement mechanism under national competition law New
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 105 contributions 35239 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 2 contributions 478 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 1 contribution 31 visits
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In an effort to take one step further in harmonizing the Turkish Competition Law with the EU legislation, the Turkish Competition Authority (“Authority”) has recently introduced the settlement mechanism under Article 43 of the Law No. 4054 on the Protection of Competition (“Law No. 4054”) and the (...)

The EU Court of Justice issues its first ruling on the use of so-called ’hybrid settlement’ procedures in cases in which settlement decisions do not cover all parties to an infringement (Pometon) New
Ashurst (Brussels)
Belgium 26 contributions 3129 visits
In its ruling in Pometon (C-440/19 P), the European Court of Justice ("ECJ") issued its first ruling on the use of so-called ’hybrid settlement’ procedures in cases in which settlement decisions do not cover all parties to an infringement. What you need to know – key takeaways The ECJ has (...)

The Italian Highest Administrative Court refers the dispute of a pharmaceutical company to the EU Court of justice for the second time (Avastin / Lucentis) New
Bird & Bird (Rome)
Italy 23 contributions 1794 visits
On 18 March 2021, the Italian Supreme Administrative Court (“Consiglio di Stato” or “CdS”) wrote a new episode in the long-lasting Hoffman La Roche - Novartis saga related to the Avastin drug, which may have serious repercussions on the relationship between EU and national judges. To recall, in (...)

The Italian Highest Administrative Court refers a case involving an anti-competitive arrangement concerning the sale of eye medication for the second time to the EU Court of Justice (Avastin / Lucentis) New
Van Bael & Bellis (Brussels)
Belgium 7 contributions 1411 visits
,
Van Bael & Bellis (Brussels)
Belgium 12 contributions 1036 visits
,
Van Bael & Bellis (Brussels)
Belgium 96 contributions 20372 visits
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1. Background of Case On 18 March 2021, the Italian highest administrative court, the Consiglio di Stato (the CS), decided to refer a case under its review for the second time to the Court of Justice of the European Union (CJEU) pursuant to Article 267 TFEU. The case finds its origin in a (...)

The Turkish High State Court upholds the Competition Authority’s non-fining decision by implementing the non bis in idem principle (Mey İçki / Antalya Alkollü / Efe Alkollü) New
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 105 contributions 35239 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 1 contribution 109 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 1 contribution 109 visits
…
Introduction In April 2016, the Turkish Competition Board (the “Board”) launched an investigation against Mey İçki San. ve Tic. A.Ş. (“Mey İçki”), a subsidiary of Diageo plc. The investigation aimed to explore the validity of the allegations regarding Mey İçki`s abuse of dominance in the Turkish (...)

The UK Court of Appeal confirms that collective proceedings’ funding arrangements are not damages-based agreements (DAF) New
Ashurst (London)
United Kingdom 9 contributions 691 visits
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Ashurst (London)
United Kingdom 4 contributions 146 visits
On 5 March 2021, the Court of Appeal upheld a decision of the Competition Appeal Tribunal ("CAT") that the funding arrangements in place in two collective proceedings arising from the Trucks cartel are not damages-based agreements ("DBAs"). What you need to know - key takeaways The decision (...)

The French Administrative Supreme Court confirms the scope of the FCA’s investigative powers in the context of cross-border investigations (Caudalie) New
Ashurst (Paris)
France 36 contributions 39233 visits
,
Ashurst (Paris)
France 13 contributions 2085 visits
On 17 February 2021, the French Supreme Court confirmed an order authorising the French Competition Authority ("FCA") to carry out dawn raids at Caudalie’s premises on its own account following a request for assistance received from its Belgian counterpart. What you need to know – key takeaways (...)

The Czech Supreme Court lodges a request for a preliminary ruling regarding evidence disclosure under the EU Damages Directive New
Bird & Bird (Prague)
Czech Republic 22 contributions 1863 visits
,
Bird & Bird (Prague)
Czech Republic 11 contributions 1228 visits
The Czech Supreme Court lodged a request for a preliminary ruling (Case C-57/21) on 1 February 2021 regarding evidence disclosure under the EU Damages Directive 2014/104/EU. In the proceedings before Czech courts, a privately-owned transportation company RegioJet a.s. sued the state-owned (...)
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