Latest News issue: October 2021 - II

General antitrust

The UK Competition Authority announces its intention to launch a study into the music streaming market New
United Kingdom’s Competition Authority - CMA (London)
CMA plans probe into music streaming market* The CMA has announced its intention to launch a market study into music streaming. Following discussion by the CMA Board, the Competition and Markets Authority (CMA) will now carry out work to consider and develop the final scope of the market (...)

The International Competition Network holds its 20th annual conference with focus on sustainability and competition policy post COVID-19 New Free
German Competition Authority (Bonn)
The ICN virtually celebrates its 20th Anniversary in Budapest and announces Berlin as venue for the 21st ICN Annual Conference* The International Competition Network (ICN) held its 20th annual conference from 13 to 15 October. The event hosted by the Hungarian Competition Authority took place (...)

The German Competition Authority publishes the preliminary findings of its sector inquiry into the charging infrastructure for electric vehicles and calls for more competition within the sector New
German Competition Authority (Bonn)
Bundeskartellamt calls for more competition in the provision of charging electricity - Preliminary findings of sector inquiry into charging infrastructure* The Bundeskartellamt has today published a progress report on its ongoing sector inquiry into charging station infrastructure (“Sector (...)

The French Competition Authority opens a public consultation on a new framework document on compliance programs New
French Competition Authority (Paris)
The Autorité de la concurrence opens a public consultation with a view to publish a new framework document on competition compliance programmes* Update of the 2012 compliance framework document A group of experts from the private sector (companies, professional associations and law firms) and (...)

The UK Competition Authority publishes its responses to two Government consultations on reforming competition policy and on adopting a new pro-competition regime for digital markets New
United Kingdom’s Competition Authority - CMA (London)
CMA welcomes government proposals on new powers* The CMA has responded to the government’s proposals to enhance its ability to tackle breaches of competition and consumer law and empower the Digital Markets Unit (DMU). Changes would see the CMA given the power to declare companies in breach of (...)

The UK Government consults on proposals aimed at improving its competition regime and strengthening its competition authority post COVID-19, including updates to merger review, investigation tools, interim measures, fines, and more direct intervention in consumer protection New Free
Hogan Lovells (London)
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Hogan Lovells (London)
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Hogan Lovells (London)
On 20 July 2021, the government launched a consultation containing substantial proposals that could herald the most important reform of the UK competition regime in 25 years (the consultation). The proposals follow multiple reports and papers and, if they survive the consultation process, could (...)

Anticompetitive practices

The Australian Competition Authority initiates proceedings against two Sydney roof tiling businesses and their sole directors for alleged participation in a cartel (First Class Slate Roofing / Mr. Shingles / Scott Barton / Damian Hand) New
Australian Competition and Consumer Commission (Canberra)
ACCC takes action against alleged roof tiling cartel participants* The ACCC has instituted civil proceedings in the Federal Court against two Sydney roof tiling businesses, First Class Slate Roofing (First Class) and RAD Roofing Specialists (trading as Mr. Shingles), and their sole directors, (...)

The US DoJ secures new guilty pleas by two Belgian former security services executives in ongoing investigation into rigging bids in national defense procurement contracts (G4S Secure Solutions) New
US Department of Justice (Washington)
Former Security Services Executives Plead Guilty to Rigging Bids for Department of Defense Security Contracts* Two former employees of G4S Secure Solutions NV (G4S NV), pleaded guilty today to criminal antitrust charges stemming from their involvement in a conspiracy to rig bids, fix prices, (...)

The EU Commission carries out unannounced inspections at the premises of multiple companies active in the wood pulp sector New
DG COMP (Brussels)
Antitrust: Commission carries out unannounced inspections in the wood pulp sector* On 12 October 2021, the European Commission is conducting unannounced inspections in locations in several Member States at the premises of companies active in the wood pulp sector. The Commission has concerns (...)

The German Competition Authority publishes new guidelines on its leniency program and the setting of fines New
German Competition Authority (Bonn)
Bundeskartellamt publishes new guidelines on its leniency programme and the setting of fines* The Bundeskartellamt has published new guidelines on its leniency program and on the setting of fines in cartel proceedings. Andreas Mundt, President of the Bundeskartellamt: “Key witnesses still play (...)

The French Competition Authority fines a champagne company for setting up an exclusive import agreement in La Réunion contrary to the Lurel Act (Cattier) New
French Competition Authority (Paris)
Distribution in La Réunion: Cattier company fined for setting up an exclusive import agreement on the distribution of its champagne in La Réunion* Background Following a report sent by the French Minister of Economy (DGCCRF), the Autorité de la concurrence established that the Cattier company (...)

The EU Commission seeks feedback on commitments offered by telecommunication companies concerning their network sharing agreements (T-Mobile CZ / CETIN / O2 CZ)
DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by T-Mobile CZ, CETIN, and O2 CZ concerning the Czech telecommunications market* The European Commission invites comments on commitments offered by T-Mobile CZ, CETIN, O2 CZ, and their respective parent companies, Deutsche Telekom and (...)

The Spanish Competition Authority imposes fines totaling €127 million for participation in a cartel that fraudulently divvied up at least 82 tenders in the railway sector (Alstom / Bombardier / Cafs / Cobra / Nokia...) New
Spanish Competition Authority (Madrid)
The CNMC imposed fines of more than 127.8 million euros on the main security, signaling and communications systems companies of AVE’s medium-distance and commuter network in Spain.* For 15 years, these companies made up a cartel that divvied up tenders called for by Adif, with a value of more (...)

The Spanish Competition Authority resolves its penalty proceedings against an industrial equipment supplier for potential restrictions on passive sales and retail-price maintenance agreements (Maquinaria Garrido) New
Spanish Competition Authority (Madrid)
The CNMC resolves its penalty proceedings against Maquinaria Garrido S.L. through traditional enforcement* With this type of remedy, the alleged offender offers certain binding conditions which, if accepted by the Commission, enables it to avoid paying a fine. The CNMC investigates the terms (...)

The Spanish Competition Authority imposes fines totaling €161,855 on four file and document management service companies for bid rigging (Bibliodoc Servicios Documentales / Pandora Gestión Documental / Libnova / Salomé Lendínez Ramírez) New
Spanish Competition Authority (Madrid)
The CNMC imposes fines on several file and document management service companies for bid-rigging* These practices were conducted via several cartels between 2016 and 2019. Spain’s Ministry of Defence, Ministry of Development and the Reina Sofia National Art Centre were among the public (...)

The Brazilian Competition Authority issues practical guidelines to help officials prevent and detect anticompetitive practices in public procurement New
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE launches practical guidelines to help procurement officials prevent and detect cartels in public procurement* The documents lists strategies of collusion between companies, red flags of collusive conduct, and recommendations on how to prevent these unlawful practices in tenders On 3 (...)

The US Court of Appeals for the Second Circuit dismisses antitrust claims against two Chinese pharmaceutical companies for reasons of international comity (Animal Science Products / Hebei Welcome Pharmaceutical) New
Cleary Gottlieb Steen & Hamilton (New York)
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Cleary Gottlieb Steen & Hamilton (New York)
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Cleary Gottlieb Steen & Hamilton (New York)
The U.S. Court of Appeals for the Second Circuit recently issued a 2-1 decision in In re Vitamin C Antitrust Litig., dismissing antitrust claims against two Chinese pharmaceutical companies for reasons of international comity in a case that has lasted over 15 years. On August 10, 2021, the (...)

The Latvian Competition Authority fines ten construction companies €16 million for being part of a bid-rigging cartel (Re & Re / Velve / Skonto Būve...) New
Konkurences padome (Riga)
The Competition Council fines 10 construction companies for participating in the cartel* On July 30, the Competition Council (the CC) adopted a decision in the so-called “construction companies’ cartel” case, detecting long-term prohibited agreement of ten construction companies on the (...)

The Paris Court of Appeal clarifies that a pharmaceutical laboratory can impose different commercial conditions on different groups of customers provided such a categorization is objectively justified (Bristol-Myers Squibb / UPSA / Pyxis Services / Sagitta Pharma) New
BCTG Avocats (Paris)
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BCTG Avocats (Paris)
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BCTG Avocats (Paris)
The Paris Court of Appeal examined, in two separate cases in 2019 and 2021, the lawfulness of the pricing practices of two pharmaceutical groups (Cooper and Bristol-Myers Squibb & UPSA - these last two laboratories were sister companies at that time) with regard to a purchasing pooling (...)

Unilateral Practices

The UK Competition Authority opens an investigation into the mobile radio network used by all national emergency services after expressing concerns about a company’s dual role as owner of the current network and as key supplier in the future emergency services network (Motorola / Airwave) New
United Kingdom’s Competition Authority - CMA (London)
CMA opens investigation into Motorola’s Airwave network* The CMA has opened an investigation into Motorola’s Airwave network, the mobile radio network used by all emergency services in Great Britain. Motorola Solutions Inc.’s (Motorola) Airwave network is the infrastructure and services that (...)

The EU Commission carries out unannounced inspections at the premises of a pharmaceutical company active in animal health in Belgium due to suspected abuse of dominance New
DG COMP (Brussels)
Antitrust: Commission carries out unannounced inspections in the animal health sector in Belgium* The European Commission is conducting unannounced inspections at the premises of a pharmaceutical company active in animal health in Belgium. The Commission has concerns that the inspected (...)

The EU Commission approves Greek commitments requiring the state-owned electricity incumbent to maintain a fixed net seller position for electricity baseload futures on certain energy exchanges to address competition concerns (PPC) New
Ashurst (Brussels)
The European Commission accepted commitments from Greece requiring Public Power Corporation (PPC), the state-owned electricity incumbent, to maintain a fixed net seller position for electricity baseload futures on certain energy exchanges in order to address competition concerns raised by (...)

The German Supreme Court rules that car manufacturers cannot restrict the sales of their cars and spare parts in the tuning industry (Porsche-Tuning II) New
Ashurst (Frankfurt)
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Ashurst (Munich)
In a decision of 6 July 2021, published in September 2021, the German Federal Court of Justice ("FCJ") ruled that restrictive clauses in retail and service agreements between Porsche and its authorised distributors were in breach of competition law. Porsche could not prohibit its authorised (...)

The Spanish Competition Authority rejects the initiation of an infringement procedure against a Big Tech company and clarifies in its decision the criteria under which dominant companies can exclude certain clients from their services (Eurozener / Google) New
CMS Albiñana y Suárez de Lezo (Madrid)
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CMS Albiñana y Suárez de Lezo (Madrid)
In recent years GOOGLE LLC (GOOGLE) has faced several infringement procedures before EU National Competition Authorities and the European Commission with regards to various claims of anticompetitive behavior in relation to abuse of its dominant position in European markets. Recently, GOOGLE (...)

The Indian Competition Authority dismisses complaints against the State of Tamil Nadu’s road department on an alleged anticompetitive tender process because sufficient bids were received and the procurement process was found to benefit both the procurer and the public (Trichy Superintendent Engineer of Highways Department) New
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
KEY POINTS The consumer, based on his requirements / commercial considerations, has the freedom to specify and choose the kind of service, machineries, timelines, mode, and the manner in which it requires the same, provided that no provision of the Act is violated. The public procurement (...)

Mergers

The US FTC returns to its standard use of prior approval and issues a proposed order imposing strict limits on future mergers involving a dialysis service provider due to its history of attempting to buy up competitors in an already concentrated industry (DaVita) New
US Federal Trade Commission (FTC) (Washington)
FTC Imposes Strict Limits on DaVita, Inc.’s Future Mergers Following Proposed Acquisition of Utah Dialysis Clinics* The Federal Trade Commission issued a proposed order imposing strict limits on future mergers by DaVita, Inc., a dialysis service provider with a history of fueling consolidation (...)

The EU Commission refers the examination of a merger between two companies in the tyre distribution sector to the French Competition Authority (Allopneus / Michelin) New
French Competition Authority (Paris)
The European Commission refers the examination of Michelin’s acquisition of Allopneus to the Autorité de la concurrence* On 21 October 2021, the European Commission referred to the Autorité de la concurrence the examination of the Michelin Group’s acquisition of exclusive control of the electronic (...)

The EU Commission approves a merger, subject to conditions, between two leaders in the commodity and financial data markets (S&P Global / IHS Markit) New
DG COMP (Brussels)
Commission approves acquisition of IHS Markit by S&P Global, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of IHS Markit by S&P Global. The approval is conditional on the divestment of businesses in the areas of (...)

The EU General Court dismisses actions against two of the Commission’s decisions authorizing mergers in the market for passenger air travel (Polskie Linie Lotnicze / easyJet / Lufthansa / Air Berlin) New
General Court of the European Union (Luxembourg)
The General Court dismisses the actions of Polskie Linie Lotnicze ‘LOT’ against the Commission decisions authorising the mergers concerning the acquisition by easyJet and Lufthansa, respectively, of certain assets of the Air Berlin group* Faced with a persistent deterioration of its financial (...)

The UK Competition Authority clears the merger of two financial information and analytics companies subject to conditions (S&P Global / IHS Markit) New
United Kingdom’s Competition Authority - CMA (London)
S&P-IHS Markit merger to be cleared if concerns overcome* The CMA will clear S&P’s merger with IHS Markit if competition concerns in certain commodity price assessments are addressed. S&P Global Inc. (S&P) is a worldwide supplier of credit ratings, commodity price assessments, (...)

The Lithuanian Competition Authority fines the national telecommunications service provider €215.1K for submitting incorrect and incomplete information which impeded the assessment of a merger’s potential impact on competition (Cgates) New
Lithuanian Competition Authority (Vilnius)
CGATES FINED FOR SUBMITTING INCORRECT AND INCOMPLETE INFORMATION IN MERGER REVIEW PROCESS* The Lithuanian competition authority Konkurencijos taryba found that information provided by the Lithuanian telecommunications service provider Cgates, which was necessary for the authority to be able to (...)

The French Competition Authority clears a merger in the dairy sector between an agricultural cooperative and an ultra-fresh dairy products producer (Yoplait / Sodiaal) New
French Competition Authority (Paris)
The Autorité de la concurrence clears the takeover of Yoplait by Sodiaal (Candia, Entremont, Régilait…)* Sodiaal cooperative group notified the Autorité de la concurrence on 3 September 2021, of its plan to acquire control of the Yoplait group (excluding US activities). After its review, the (...)

The Australian Competition Authority gives its green light to a proposed acquisition in the healthcare transcription sector (Microsoft / Nuance) New
United Kingdom’s Competition Authority - CMA (London)
Microsoft’s proposed acquisition of Nuance not opposed* The ACCC will not oppose the proposed acquisition of Nuance Inc. by Microsoft Corporation. Nuance supplies speech recognition and transcription software primarily to the healthcare market, as well as customer engagement software that (...)

The French Competition Authority clears the creation of a joint venture in the sector of public charging stations for electric cars in the Antilles and French Guiana (AGI / EDF PEI / Genak / SAFO) New
French Competition Authority (Paris)
For the first time, the Autorité de la concurrence is studying the markets for electric vehicle charging stations* It has cleared the creation of a joint venture in the sector of public charging stations for electric cars in the Antilles and French Guiana. Background The Autorité has cleared (...)

The Australian Competition Authority investigates the impact of a completed acquisition on the supply chain for bulk grain export through the Port of Newcastle (Qube Logistics / Newcastle Agri Terminal) New
Australian Competition and Consumer Commission (Canberra)
ACCC investigates Qube’s completed acquisition of Newcastle Agri Terminal* The ACCC will conduct an investigation into potential competition issues arising from Qube’s (ASX: QUB) completed acquisition of the Newcastle Agri Terminal. As the investigation relates to a completed acquisition it will (...)

The Spanish Competition Authority conditionally clears in Phase II the merger of three funeral homes (Mémora / Rekalde / Irache) New
Spanish Competition Authority (Madrid)
The CNMC approves Mémora’s acquisition of the Rekalde and Irache funeral homes, with commitments* The acquisitions affect the Basque Country and Navarre funeral services markets. The transaction was cleared in Phase 2, contingent on fulfilment of certain commitments by Mémora not to affect (...)

The German Competition Authority prohibits the complete acquisition of the publishing companies of the daily newspaper by media company publishing a competing newspaper (Ostthüringer / Funke) New
German Competition Authority (Bonn)
Bundeskartellamt prohibits complete acquisition of publisher of “Ostthüringer Zeitung” by Funke-Mediengruppe* The Bundeskartellamt has prohibited a company of Funke Mediengruppe from acquiring the sole control of the publishing companies of the daily newspaper “Ostthüringer Zeitung”. Funke (...)

The EU General Court upholds a decision from the Commission sanctioning a telecommunications operator for gun jumping and clarifies in its decision the applicable rules for gun jumping (Altice / PT Portugal) New
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
On September 22, 2021, the EU General Court (GC) upheld a decision from the European Commission (Commission) by which it fined telecommunications operator Altice for gun jumping (T-425/18, Altice Europe v Commission). In particular, the GC affirmed that the Commission could impose two separate (...)

The EU General Court upholds the Commission’s decision to fine a telecommunications company for gun jumping but grants a limited 5% reduction of part of the €124.5 million fine imposed (Altice / PT Portugal) New
Skadden, Arps, Slate, Meagher & Flom (London)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On September 22, 2021, the European General Court issued its judgment upholding the decision by the European Commission (Commission) to fine Altice for gun-jumping in the acquisition of Portugal Telecom (PT) in 2015. The General Court did grant Altice a limited 5% reduction of part of the €124.5 (...)

The US DoJ sues to block unprecedented alliance between two airline companies (American Airlines / JetBlue) New
US Department of Justice (Washington)
Justice Department Sues to Block Unprecedented Domestic Alliance Between American Airlines and JetBlue* Alliance Eliminates Competition in New York and Boston and Harms Air Travelers Nationwide The U.S. Department of Justice, together with Attorneys General in six states and the District of (...)

The US FTC votes to rescind the vertical merger guidelines issued jointly with the DoJ New
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
On 15 September 2021 the Federal Trade Commission (FTC) held its third open meeting under the leadership of Chair Lina Khan. As expected, the Commissioners voted along party lines to rescind the Vertical Merger Guidelines (2020 VMGs) that were jointly issued by the FTC and Department of (...)

The Dutch Competition Authority confirms an increase in the number of mergers that require further investigation due to potential effect on competition New Free
Netherlands Authority for Consumers & Markets (The Hague)
ACM sees more and more mergers with anticompetitive risks* The Netherlands Authority for Consumers and Markets (ACM) has seen an increase in the number of mergers that require further investigation because of possible risks for the mergers having negative consequences. At the moment, ACM is (...)

The Dutch Competition Authority clears a merger of two elderly care providers (Vrijwaard / Omring) New
Netherlands Authority for Consumers & Markets (The Hague)
ACM: elderly care provider Omring meets conditions attached to acquisition of rival provider Vrijwaard* Elderly care provider Omring has received clearance needed to complete the acquisition of rival provider Vrijwaard in the northern Dutch city of Den Helder. With the sale of the care (...)

The Dutch Competition Authority conducts further investigations into whether the acquisition of a healthcare clinic could lead to higher prices for health insurers (Mauritskliniek / Bergman) New
Netherlands Authority for Consumers & Markets (The Hague)
Further investigation needed into the acquisition of Mauritskliniek by Bergman Clinics* The Netherlands Authority for Consumers and Markets (ACM) has not yet cleared the acquisition of health care provider Mauritskliniek by rival provider Bergman Clinics. ACM wishes to conduct a further (...)

State Aid

The EU Commission approves €700 million French scheme supporting certain retailers and services affected by the COVID-19 pandemic New Free
DG COMP (Brussels)
State aid: Commission approves €700 million French scheme for certain retailers and services affected by the coronavirus pandemic* The European Commission has approved, under the EU state aid rules, a €700 million French scheme to support certain retailers and services affected by the (...)

The EU Commission approves €31.9 billion Italian scheme to support companies affected by the COVID-19 pandemic New Free
DG COMP (Brussels)
Commission approves €31.9 billion Italian scheme to support companies affected by the coronavirus outbreak* The European Commission has approved a €31.9 billion Italian scheme to support companies affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary (...)

The EU Commission invites comments on draft amendments to the General Block Exemption Regulation to further facilitate implementation of aid measures promoting the green and digital transition New
DG COMP (Brussels)
State aid: Commission invites comments on draft proposal to further facilitate implementation of aid measures promoting the green and digital transition* The European Commission is inviting Member States and all other interested parties to comment on certain proposed amendments to the General (...)

The EU Court of Justice upholds the General Court’s classification of the Spanish tax rules on the amortization of financial goodwill as State aid incompatible with the internal market (Deutsche Telekom / Banco Santander / Sigma Alimentos Exterior / Prosegur Compañia de Seguridad / Duty Free Group / Banco Santander / Santusa) New
European Court of Justice (Luxembourg)
The Court of Justice dismisses the appeals brought against the judgments of the General Court upholding the classification of the Spanish tax rules on the amortisation of financial goodwill as State aid incompatible with the internal market* In 2007, after a number of written questions had (...)

The EU Commission sends a draft proposal to Member States on the future of the State aid Temporary Framework New Free
DG COMP (Brussels)
Commission Statement on consulting Member States on proposal on the future of the State aid Temporary Framework* Today, the European Commission has sent to Member States for consultation a draft proposal to prolong until 30 June 2022 the State aid Temporary Framework, while setting out the (...)

The EU Commission consults Member States on a draft proposal to prolong the State aid Temporary Framework and to extend its scope with the intended aim of further accelerating economic recovery for businesses still impacted by the COVID-19 pandemic New Free
Jones Day (Brussels)
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Jones Day (Brussels)
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Jones Day (Brussels)
On 30 September 2021, the Commission launched its consultation with Member States on a draft proposal to prolong the State aid Temporary Framework until 30 June 2022 and to extend its scope with the intended aim of further accelerating economic recovery. The Temporary Framework, to recall, was (...)

The EU General Court annuls the Commission’s decisions that an arbitration award setting an allegedly preferential tariff for electricity does not involve the granting of an advantage to an aluminum producer (Mytilinaios) New
General Court of the European Union (Luxembourg)
The General Court annuls the decisions by which the Commission found that an arbitration award setting an allegedly preferential tariff for electricity did not involve the granting of an advantage to the aluminium producer Mytilinaios* The Commission was required to examine diligently, (...)

The EU Court of Justice upholds the Commission’s decision finding that the Belgian tax rulings regarding excess profits qualify as a State aid scheme (Magnetrol International) New
Ashurst (Brussels)
On 16 September 2021, the ECJ handed down its much awaited judgment on whether the Belgian tax rulings concerning excess profits could be classified as an aid scheme (as opposed to individual aid measures). The ECJ set aside the General Court’s judgment and backed the European Commission’s (...)

The EU Court of Justice rules that the Commission must re-examine whether the sale of a motorsports association entails a grant of State Aid (Ja zum Nürburgring / NeXovation)
European Court of Justice (Luxembourg)
The Commission must re-examine whether the sale of the Nürburgring in 2014 entailed a grant of State aid* In the same year, it wrongly ruled out the presence of doubts as to the possible existence of an advantage conferred on the buyer and decided not to open a formal investigation procedure (...)

Procedures

The UK Competition Appeal Tribunal approves the first application for a collective proceedings order under the competition class action regime (Merricks / Mastercard) New
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 18 August 2021 the Competition Appeal Tribunal (CAT) approved the first application for a collective proceedings order (CPO) under the UK’s competition class action regime introduced in 2015, in Walter Hugh Merricks CBE v Mastercard Incorporated and Others. The application was initially (...)

The Latvian Competition Authority performs five prevention procedures, warning a total of 15 real estate and construction companies of potential competition law infringements New
Konkurences padome (Riga)
15 legal persons have been warned in the first half of the year* If the Competition Council (CC) finds potential signs of the infringement of Competition Law or suspects that market participants have prohibited the Law, but the infringement is not repeated, and it has not affected a big share (...)

Regulatory

The US FTC issues a policy statement announcing increased antitrust and consumer protection enforcement against repair restrictions by manufacturers in numerous sectors New
McDermott Will & Emery (Washington)
A newly announced change in Federal Trade Commission (FTC) policy could have dramatic implications for the ways manufacturers of everything from cell phones to cars draft warranties, design products, and distribute replacement parts. Specifically, the FTC has set its sights on repair (...)

The EU Commission issues draft revisions to its Vertical Block Exemption Regulation and Vertical Guidelines New
Jones Day (Brussels)
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Jones Day (Paris)
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Jones Day (Frankfurt)
In Short The Background: The European Commission ("Commission") recently unveiled long-awaited draft revisions to its Vertical Block Exemption Regulation ("VBER") and Vertical Guidelines. The VBER includes safe harbors that exempt some agreements in the vertical supply chain from antitrust (...)

The Dutch Competition Authority confirms that the COVID-19 pandemic has no negative effect on net neutrality New Free
Netherlands Authority for Consumers & Markets (The Hague)
ACM: COVID-19 pandemic does not cause problems for open internet* In Europe, internet providers must treat internet traffic in a non-discriminatory manner, enabling the Internet to grow and evolve freely and independently. That means, for example, that they are not allowed to block or (...)

The Dutch Competition Authority closes its investigation into payment apps and call for amending the European rules for payments services New
Netherlands Authority for Consumers & Markets (The Hague)
Closure of the investigation into payment apps confirms need for new rules* The Netherlands Authority for Consumers and Markets (ACM) will close its investigation into payment apps’ access to NFC technology installed in devices such as smartphones. NFC technology offers the ability to make (...)

The Dutch Competition Authority publishes guidelines on competition rules for IT suppliers in healthcare to counter "vendor lock-in" New
Netherlands Authority for Consumers & Markets (The Hague)
ACM to draw up guidelines regarding competition rules in order to mitigate ‘vendor lock-in’ in health care IT* The Netherlands Authority for Consumers and Markets (ACM) will draw up guidelines that will clarify the competition rules for IT suppliers in health care. ACM has found that, in many (...)

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