April 2020

General antitrust

The Italian Government adopts a decree laying down additional measures to support companies negatively affected by the economic consequences of the COVID-19 outbreak Free
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 6 April 2020, the Italian Government adopted a Law Decree (so-called “Decreto Liquidità”) laying down additional measures to support companies negatively affected by the economic consequences of the Covid-19 outbreak. These measures aim at alleviating the devastating effects of the outbreak on (...)

Anticompetitive practices

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

The French Competition Authority dismisses TV distribution platform’s allegations of collusion between 2 TV channel owners due to lack of evidence (Molotov / TF1 / M6) Free
Autorité de la concurrence (Paris)
The Autorité de la concurrence dismisses Molotov’s complaint concerning the practices of TF1 and M6 for lack of evidence* Molotov is a television channel distribution platform which aggregates and streams French audiovisual programmes over the top (OTT), i.e. via the Internet. The application (...)

The Hong Kong Competition Authority welcomes first judgment on pecuniary penalties in Hong Kong competition law regime (On Tat Estate Cartel)
Hong Kong Competition Commission
Competition Commission welcomes first judgment on pecuniary penalties in Hong Kong competition law regime* The Competition Commission (Commission) welcomes the judgment (Judgment) handed down by the Competition Tribunal (Tribunal) today (29 April) on pecuniary penalties against ten respondent (...)

The Australian Competition Authority grants interim authorisation for mining companies to co-operate with members of the minerals council to work together in order to manage critical services and supplies as a response to the COVID-19 outbreak Free
Australian Competition and Consumer Commission (Canberra)
MINING COMPANIES ALLOWED TO CO-OPERATE DURING COVID-19 PANDEMIC* Members of the Minerals Council of Australia (MCA) and other mining associations will be able to work together to manage critical services and supplies during the COVID 19 pandemic, after the ACCC granted interim authorisation (...)

The Australian Competition Authority grants conditional interim authorisation to two supermarket undertakings to co-operate on their store opening times in light of the COVID-19 outbreak Free
Australian Competition and Consumer Commission (Canberra)
7-ELEVEN AND FRANCHISEES AUTHORISED TO CO-OPERATE ON STORE OPENING TIMES* 7-Eleven and its franchisees have been granted conditional interim authorisation to discuss potential temporary store closures or reduced trading hours in light of reduced customer demand because of COVID-19 (...)

The Australian Competition Authority grants three months exemptions to financial services providers who are required to share product reference data by a set date, due to the impact of COVID-19 Free
Australian Competition and Consumer Commission (Canberra)
TEMPORARY EXEMPTIONS UNDER CONSUMER DATA RIGHT* Three-month exemptions have been granted to financial services providers required to share product reference data by 1 July 2020, due to the impact of the COVID-19 pandemic. The temporary exemptions under the Consumer Data Right, until 1 (...)

The Italian Competition Authority releases notice on cooperation agreements between businesses within the framework of the COVID-19 emergency with special emphasis on the pharmaceutical, agri-food and health sector Free
Italian Competition Authority (Rome)
ICA: Notice on cooperation agreements between businesses within the framework of the coronavirus emergency* Following the crisis caused by the spread of COVID-19 and the needs of the production system to cope with it, the Autorità Garante della Concorrenza e del Mercato (Italian Competition (...)

The French Competition Authority clarifies the options of a professional association for dealing with its members’ rent during the COVID-19 pandemic (Rassemblement des Opticiens de France) Free
French Competition Authority (Paris)
The Autorité clarifies the options of a professional association for dealing with its members’ rent during the COVID-19 pandemic* In brief A professional association representing opticians (Rassemblement des Opticiens de France, hereinafter “ROF”) contacted the Autorité because it seeks to aid (...)

The Australian Competition Authority grants interim authorisation allowing retailers to collectively bargain with landlords about rent relief during the current COVID-19 outbreak Free
Australian Competition and Consumer Commission (Canberra)
RETAILERS GRANTED AUTHORISATION TO COLLECTIVELY NEGOTIATE WITH LANDLORDS* The ACCC has granted interim authorisation allowing retailers to collectively bargain with landlords about rent relief during the COVID-19 pandemic. The interim authorisation, granted to the Australian Retailers (...)

The US Court of Appeals for the Third Circuit overturns a district court decision certifying a class of direct purchaser plaintiffs without undertaking a rigorous analysis in order to resolve factual disputes, assess competing evidence or weigh conflicting expert testimony (Lamictal)
McDermott Will & Emery (New York)
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Crowell & Moring (Washington)
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McDermott Will & Emery (Chicago)
The US Court of Appeals for the Third Circuit recently concluded in In re Lamictal Direct Purchaser Antitrust Litigation that a district court’s reliance on average prices to determine class-wide impact was insufficient. Instead, courts must conduct a rigorous analysis of the facts, evidence and (...)

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

The Latvian Administrative Regional Court in Riga confirms involvement of the local government company in the so-called nano water acquisition bid-rigging case (Rīgas satiksme)
Konkurences padome (Riga)
The court confirms involvement of the local government company SIA “Rīgas satiksme” in the so-called nano water acquisition bid-rigging* On 20 April, the Administrative Regional Court left effective the decision adopted by the Competition Council of Latvia (the CC), according to which last year (...)

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

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

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

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

The Ontario Court of Justice certifies a $1.0 billion foreign exchange price fixing class action in the banking sector (Mancinelli / Royal Bank of Canada)
Affleck Greene McMurtry (Toronto)
Superior Court Certifies $1.0 Billion Foreign Exchange Price Fixing Class Action* In his decision released earlier this Spring, Ontario Superior Court Justice Paul Perell certified a class action in Mancinelli v. Royal Bank of Canada claiming $1.0 Billion in damages against several large (...)

The Lithuanian Competition Authority opens investigation into a suspected anticompetitive agreement among national basketball league and individual basketball clubs and warns similar agreements are not justified by the COVID-19 health emergency (Lithuanian Basketball League) Free
Lithuanian Competition Authority (Vilnius)
KONKURENCIJOS TARYBA LAUNCHES INVESTIGATION INTO SUSPECTED ANTI-COMPETITIVE AGREEMENT AMONG LITHUANIAN BASKETBALL LEAGUE AND BASKETBALL CLUBS* The Lithuanian competition authority Konkurencijos taryba has launched an investigation into a suspected anti-competitive agreement among the (...)

The US FTC and DoJ publish a joint statement in order to protect employers, staffing companies, recruiters and others against anticompetitive conduct in the labor markets during the COVID-19 crisis Free
Weil, Gotshal & Manges (Washington)
Federal Trade Commission and Justice Department Issue Joint Statement on COVID-19 and Competition in U.S. Labor Markets* As individuals across the country are working on the front lines of the COVID-19 pandemic as essential service providers, the federal antitrust regulators announced that (...)

The US antitrust enforcers warn of continued action against collusive conduct impacting workers in US labour markets during the pandemic Free
Covington & Burling (Palo Alto)
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Covington & Burling (Washington)
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Covington & Burling (Washington)
The Department of Justice Antitrust Division and the Federal Trade Commission’s Bureau of Competition issued another reminder yesterday that the COVID-19 pandemic does not exempt companies from complying with federal antitrust laws. The agencies’ latest statement focuses on the labor force and (...)

The US DoJ and FTC issue a joint antitrust statement regarding COVID-19 and competition in labor markets and recognise that firms may need to cooperate in unprecedented ways to respond to the pandemic Free
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Chicago)
The COVID-19 pandemic has placed additional stressors on labor markets, particularly for healthcare workers and essential employees. While recognizing that employers, recruiters and staffing agencies may need—and be allowed to—cooperate in unprecedented ways to address current needs, on April 13, (...)

The US DoJ issues a business review letter that underscores the flexibility of the US antitrust regulators towards competitor collaborations aimed at increasing the supply and distribution of medical equipment needed to fight the COVID-19 Free
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Chicago)
A recent business review letter issued by the US Department of Justice Antitrust Division to five pharmaceutical and medical/surgical distributors offers insights into the antitrust enforcers’ views on competitor collaborations aimed at improving product access to respond to the Coronavirus (...)

The Canadian Competition Authority publishes a statement which allows businesses to collaborate during the COVID-19 crisis Free
McMillan (Toronto)
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McMillan (Toronto)
Need to Collaborate with Competitors to Respond to the COVID Crisis? Competition Bureau is Ready to Provide Guidance* Last week, we wrote to encourage the Canadian Competition Bureau to follow the examples of the US and EU antitrust authorities and provide timely guidance with respect to (...)

The EU Commission issues a Temporary Framework Communication on allowing limited cooperation among businesses, and a "comfort letter" especially for critical hospital medicines during the COVID-19 outbreak Free
DG COMP (Brussels)
Antitrust: Commission provides guidance on allowing limited cooperation among businesses, especially for critical hospital medicines during the coronavirus outbreak* The European Commission has published a Temporary Framework Communication to provide antitrust guidance to companies cooperating (...)

The EU Commission publishes a temporary framework communication to provide antitrust guidance to companies cooperating in response to urgent situations related to COVID-19 pandemic Free
Ashurst (London)
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Ashurst (London)
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Ashurst (Brussels)
On 8 April 2020, the European Commission ("Commission") published a Temporary Framework Communication ("Communication") to provide antitrust guidance to companies cooperating in response to urgent situations related to the Covid-19 outbreak. The Commission also announced that it issued a (...)

The EU Commission provides antitrust guidance to companies cooperating in response to urgent COVID-19 related matters especially in the health sector for critical hospital medicines and medical equipment Free
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (Brussels)
The European Commission has provided antitrust guidance to companies cooperating in response to urgent coronavirus (COVID-19) related matters, particularly in the health sector for critical hospital medicines and medical equipment, and has also exceptionally issued a “comfort letter” on a (...)

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

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

The US DoJ agrees to civil settlement with additional firm involved in bid rigging that targeted fuel supply contracts for US military bases in South Korea (Jier Shin Korea / Sang Joo Lee)
US Department of Justice - Antitrust Division (Washington)
DOJ Agrees to Civil Settlement with Additional Firm Involved in Bid Rigging and Fraud Targeting Defense Department Fuel Supply Contracts for U.S. Military Bases in South Korea* South Korea-based company Jier Shin Korea Co. Ltd., and its president, Sang Joo Lee, have agreed to pay $2 million to (...)

The EU Commission publishes a temporary framework to guide companies that are cooperating to ensure the supply and distribution of essential products during the COVID-19 outbreak Free
Hogan Lovells (Milan)
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Hogan Lovells (Paris)
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Hogan Lovells (Brussels)
The European Commission has published a Temporary Framework Communication to provide guidance to companies that are cooperating to ensure the supply and distribution of essential products – including medicines and medical equipment – during the COVID-19 outbreak. The Communication sets out the (...)

The Australian Competition Authority grants interim authorisation for members of the Australian Securitisation Forum to work together and help small businesses during the COVID-19 crisis Free
Australian Competition and Consumer Commission (Canberra)
Co-operation on funding to aid smaller lenders during COVID-19* The ACCC has granted interim authorisation for members of the Australian Securitisation Forum (ASF) to work together to assist smaller lenders to maintain liquidity and issue loans to consumers and small businesses during the (...)

The EU Commission increases leeway for cooperation between pharma and medical equipment companies during the COVID-19 crisis Free
Bird & Bird (Belgium)
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Bird & Bird (Copenhagen)
Competition rules are aimed at safeguarding healthy competition between companies. For more than half a century the EU and its Member States have vigorously defended effective competition by pursuing and sanctioning anti-competitive agreements and abuses of dominant positions. The pharma sector (...)

The EU Commission publishes a Temporary Framework for assessing antitrust issues relating to business cooperation as a response to the urgency stemming from the COVID-19 pandemic Free
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 8 April 2020 the Commission published a ‘Temporary framework for assessing antitrust issues related to business cooperation in response to situations of urgency stemming from the current COVID-19 outbreak’ (Temporary Framework). The Commission recognises the exceptional challenges faced by (...)

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

The German Federal Court of Justice upholds the Competition Authority’s decision finding that certain online banking associations infringed competition law by imposing T&C on online payments preventing customers from entering their codes when accessing third party payments (Deutsche Kreditwirtschaft)
Van Bael & Bellis (Brussels)
On 7 April 2020, the German Federal Court of Justice (the “FCJ”) issued its judgment on an appeal against a decision of the Federal Cartel Office (the “FCO”) which had found that a number of German banking associations had infringed competition law in connection with general terms and conditions of (...)

The Latvian and Lithuanian Competition Authorities terminate common investigation into alleged prohibited agreement among 7 companies active in construction & household products (Tikkurila companies / Kesko Senukai Lithuania / Kesko Senukai Digital / Ermitažas / DAW Lietuva / Topcolor)
Konkurences padome (Riga)
Latvian and Lithuanian competition authorities join forces for investigation of cross-border infringements* Taking into consideration the complexity of cross-border infringements of the competition law, competition authorities join their forces for efficient investigation. For example, (...)

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

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

The Austrian Supreme Cartel Court requests preliminary ruling from the EU Court of Justice concerning territorial agreements in connection with the sale of industrial sugar (Zuckercartell)
Austrian Competition Authority (Vienna)
Supreme Cartel Court submits questions to European Court of Justice in the appeals procedure concerning territorial agreements in connection with the sale of industrial sugar* In the cartel case on territorial agreements in connection with the sale of industrial sugar, Vienna Higher Regional (...)

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

The EU Court of Justice finds, following a preliminary reference, that certain interchange fees imposed by a bank payable on cross-border card transaction within the EEA are anticompetitive (Budapest Bank)
Hausfeld (London)
On 2 April, the European Court of Justice (“CJEU”) issued a judgment arising from a preliminary reference from the Hungarian Supreme Court concerning a 2009 decision by the Hungarian Competition Authority against Visa Europe Ltd (“Visa”), MasterCard Europe SA (“MasterCard”) and a number of (...)

The Mexican Competition Authority clarifies which agreements between competitors will be allowed during COVID-19 Free
Mexican Competition Authority (Mexico City)
Answers related to COFECE’s Press Release 012-2020* The press release states: “Agreements between competitors breach the Federal Economic Competition Law and are investigated and sanctioned when their purpose or effect is manipulating prices, allocating the market, and/or restricting the supply (...)

The Latvian Competition Authority detects competition deformation implemented in procurements by a local government and its capital company (DAKO / RUVAR)
Konkurences padome (Riga)
The Competition Council detects competition deformation implemented in procurements by a local government and its capital company* The Competition Council of Latvia (the CC) has closed the investigation case regarding activities by two companies – SIA “DAKO” and SIA “RUVAR” – in procurements on (...)

The UK Competition Tribunal publishes a summary of an application to commence collective proceedings for losses arising from a settlement decision finding infringements of article 101 TFEU in the automobile market (Mark McLaren)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (London)
On 1 April 2020, the CAT published a summary of an application to commence collective proceedings under section 47B of the Competition Act 1998. The application was filed by Mark McLaren Class Representative Limited, a special purpose vehicle, alleging losses arising from the European (...)

Unilateral Practices

The Danish Competition Authority finds a company abused its dominance in the market for rental of portable toilets to events by applying a standard exclusivity obligation to customers on long-term rental agreements (Godik)
Danish Competition and Consumer Authority (Copenhagen)
Godik has abused its dominant position on the Danish market for rental of portable toilets to events by applying a standard exclusivity obligation to customers on long-term rental agreements* On 29 April 2020, the Danish Competition Council (“the DCC”) adopted a decision concerning Godik’s (a (...)

The EU Commission seeks feedback on commitments offered by semiconductor manufacturer concerning TV set-top box and modem chipset markets (Broadcom)
DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Broadcom concerning TV set-top box and modem chipset markets* The European Commission invites comments from interested parties on commitments offered by Broadcom to address competition concerns in relation to Broadcom’s conduct in (...)

The EU Commission seeks feedback on commitments offered by a TV box company in an abuse of dominance investigation involving exclusivity agreements (Broadcom)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 27 April 2020, the European Commission (the “Commission”) invited interested parties to submit comments on the commitments offered by Broadcom under Article 9 of Regulation 1/2003 to address competition concerns in relation to certain exclusivity and quasi-exclusivity agreements allegedly (...)

The UK Competition Authority publishes update on its COVID-19 taskforce, including a number of excessive pricing complaints and investigations Free
United Kingdom’s Competition Authority - CMA (London)
CMA publishes update on COVID-19 Taskforce* The CMA has today published an update from its COVID-19 Taskforce, set up to monitor and respond to consumer and competition problems arising from the pandemic. As part of the Taskforce’s work, it asked the public for information about businesses (...)

The Slovak Competition Authority opens an investigation into alleged abuse of a dominant position in the energy and media production distribution sectors
Norton Rose Fulbright (Brussels)
Slovak Antimonopoly Office maintains enforcement pressure during pandemic with dominance abuse probe in energy and media sectors* On April 21, 2020, the Antimonopoly Office of the Slovak Republic (the AMO) opened an investigation into an alleged abuse of a dominant position in the energy and (...)

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

The French Competition Authority imposes interim measures against a research engine suspected to abuse of its dominance by infringing the law relating to neighbouring rights (Google)
French Competition Authority (Paris)
Neighbouring rights: the Autorité has granted requests for urgent interim measures presented by press publishers and the news agency AFP (Agence France Presse)* It requires Google to negotiate with publishers and news agencies the remuneration due to them under the law relating to neighbouring (...)

The Chinese State Administration for Market Regulation fines three pharmaceutical companies for abuse of dominance in the distribution of injectable drug and confirms that medical devices sectors continue to be an enforcement priority amid the COVID-19 outbreak (Kanghui / Puyunhui / Taiyangshen) Free
Herbert Smith Freehills (Shanghai)
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Herbert Smith Freehills (Hong Kong)
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Herbert Smith Freehills (Hong Kong)
On 9 April 2020, China’s State Administration for Market Regulation (SAMR) fined 3 pharmaceutical companies for abuse of dominance in the distribution of injectable calcium gluconate Active Pharmaceutical Ingredient (API). The three companies were found to be in breach of the PRC’s Anti-Monopoly (...)

The French Competition Authority imposes interim measures on a big tech giant to negotiate in good faith with press publishers and news agencies the remuneration associated to the use of their content based on transparent, objective and non-discriminatory criteria (Google)
Bird & Bird (Paris)
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Bird & Bird (Paris)
On 9 April 2020, the FCA imposed interim measures on Google, ordering the big tech giant to negotiate in good faith with press publishers and news agencies the remuneration associated to the use of their content based on transparent, objective and non-discriminatory criteria. These interim (...)

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

The French Competition Authority issues interim measures requiring a big tech company to negotiate in good faith with press publishers the terms and conditions for the re-use of their content (Google / Alliance)
Van Bael & Bellis (Brussels)
On 9 April 2020, the French Competition Authority (the “FCA”) issued Decision n° 20-MC-01 relative à des demandes de mesures conservatoires présentées par le Syndicat des éditeurs de la presse magazine, l’Alliance de la presse d’information générale e.a. et l’Agence France-Presse ordering interim (...)

The French Competition Authority imposes interim measures on a dominant big tech company requiring it to enter into good faith negotiations with publishers and new agencies (Google)
Hausfeld (Brussels)
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Hausfeld (London)
After the record fine of 1.1 billion euros against Apple, the French Competition Authority continues to show a strong leadership in its fight against “Big Tech” — Google, Apple, Facebook, and Amazon, the “GAFAs,” — by imposing interim measures on Google, requiring it to enter into good faith (...)

The Lithuanian Competition Authority adopts guidance on main criteria used in the assessment of undertakings’ dominance
Lithuanian Competition Authority (Vilnius)
Konkurencijos taryba approves explanations concerning the assessment of a dominant position* Konkurencijos taryba has adopted the guidance indicating the main principles and criteria used when assessing if an undertaking holds a dominant position, as well as its position in the relevant (...)

The French Competition Authority fines gambling company for not complying with commitment to separate the betting pools of its physical outlets and its website (Betclic / PMU)
French Competition Authority (Paris)
The Autorité de la concurrence fines PMU for not complying with its commitment to separate the betting pools of its physical outlets and its website* Background Online gaming companies Betclic and Zeturf have referred practices by PMU in the online horse betting sector to the Autorité de la (...)

The French Competition Authority closes investigation into exclusive imports practices in the medical equipment sector in French Guiana and French West Indies Free
French Competition Authority (Paris)
Respiratory assistance equipment in French Guiana and the French West Indies: investigation closed for exclusive imports* The Autorité closes an initial investigation into exclusive import practices in the medical equipment sector intended for hospitals in French Guiana and the French West (...)

The Italian Court of Cassation rules on the limitation period of antitrust damages claims in two judgements in the telecommunications sector (Uno Communications / Telecom Italia / Vodafone Italia)
Rucellai & Raffaelli (Milan)
1.- Introduction By judgements issued on the 27th of February, 2020, No. 5381, and on the 3rd of April 2020, No. 7677, the Italian Court of Cassation (Corte di Cassazione) ruled that the antitrust damages claims brought by Uno Communications S.p.A. against Vodafone Italia S.p.A. and Telecom (...)

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

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

Mergers

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

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

The German Competition Authority approves an acquisition between two locomotives on the basis that the company’s competitiveness decreased over the years (Vossloh / Zhuzhou)
Van Bael & Bellis (Brussels)
On 27 April 2020, the German Federal Cartel Office (“FCO”) cleared the acquisition of Vossloh Locomotives (“Vossloh”) by Chinese CRRC Zhuzhou Locomotives (“CRRC”) after an in-depth review. Vossloh is the leading manufacturer of diesel-powered shunters in the EEA and Switzerland. CRRC is a subsidiary (...)

The German Competition Authority approves an acquisition between two locomotives (Vossloh / Zhuzhou)
Bird & Bird (Düsseldorf)
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Bird & Bird (Düsseldorf)
On 27 April 2020, the Federal Cartel Office ("FCO") approved the acquisition of Vossloh Locomotives by CRRC Zhuzhou Locomotives Co. Ltd. The decision which concerns the market for shunting locomotives is particularly noteworthy because it deals with questions surrounding the acquisition of (...)

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

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

The UK Competition Authority clears merger between 2 online food delivery undertakings ahead of the statutory deadline for decision despite COVID-19 pandemic (Just Eat / Takeaway.com) Free
United Kingdom’s Competition Authority - CMA (London)
CMA gives Just Eat and Takeaway.com deal the green light* The CMA has cleared the £6.2 billion merger between 2 food delivery companies. Just Eat plc (Just Eat) is one of the main food delivery firms in the UK market, while Takeaway.com N.V (Takeaway.com) operates in 11 countries overseas, (...)

The UK Competition Authority publishes guidance on its approach to merger control during the COVID-19 pandemic Free
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
The Competition and Markets Authority (CMA) has published guidance on its approach to merger control during the COVID-19 pandemic. The guidance deals with procedural issues as well as substantive assessment, and makes it clear that on the whole the CMA’s approach remains one of ‘business as (...)

The EU Commission conditionally clears an acquisition between a pharmaceutical company and an off-patent medicines producer and distributor (Milan / Upjohn)
Van Bael & Bellis (Brussels)
On 22 April 2020, the Commission conditionally cleared Dutch pharmaceutical company Mylan’s acquisition of Upjohn, a division of Pfizer. Upjohn, which is based in China, produces and distributes off-patent branded and generic medicines. Mylan is also active in the production and distribution of (...)

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

The UK Competition Authority clarifies its general approach to assessing mergers and its specific approach to assessing "failing firm" claims during the COVID-19 pandemic Free
United Kingdom’s Competition Authority - CMA (London)
COVID-19: CMA approach to merger assessments* The CMA has today provided more detail on its general approach to assessing mergers during the Coronavirus (COVID-19) pandemic. Following its statement about working practices issued on 18 March, the Competition and Markets Authority (CMA) has set (...)

The UK Competition Authority publishes its guidance on merger assessments during COVID-19 pandemic Free
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
On 22 April 2020, the UK Competition and Market Authority (“CMA”) published its guidance on ‘Merger assessments during the Coronavirus (COVID-19) pandemic’ (“the guidance”). Prior to the publication of the guidance, there was some speculation about whether the CMA would be more willing to accept (...)

The UK Competition Authority publishes guidance on its approach to merger assessments during the COVID-19 pandemic and confirms that it does not intend to change either merger control assessments or deadlines despite the outbreak Free
White & Case (London)
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White & Case (London)
The CMA has published new guidance on its approach to merger assessments during the Coronavirus pandemic, confirming that it does not intend to change either merger control assessments or deadlines, despite the outbreak. The guidance acknowledges that merging parties may have difficulty (...)

The UK Competition Authority unconditionally clears merger of independent providers of telecommunication infrastructure (Cellnex / Arqiva) New
United Kingdom’s Competition Authority - CMA (London)
Cellnex’s purchase of Arqiva cleared by CMA after thorough review* The CMA has cleared the £2bn merger between Cellnex UK and Arqiva’s telecommunication infrastructure division. Both companies are independent providers of telecommunication infrastructure, including towers, pylons and masts, (...)

The UK Competition Authority warns that it will not relax its substantive or evidentiary standards for merger investigations during the COVID-19 pandemic Free
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
New guidance from the UK Competition and Markets Authority warns that it will not relax its substantive or evidentiary standards for merger investigations during the coronavirus (COVID-19) pandemic. Statutory deadlines will not be altered, although aspects of investigations may be subject to (...)

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

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

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

The Ecuadorian Competition Authority publishes new merger review procedure due to COVID-19 crisis Free
Pérez Bustamante & Ponce (Quito)
COVID-19: New, fast-track merger review procedure introduced in Ecuador Historically, crises have been catalysts of legal and political change. On occasion of the COVID-19 emergency, this week (April 20th, 2020) the Ecuadorian competition agency (‘Superintendencia de Control del Poder de (...)

The Indian Competition Authority continues to require electronic filing of merger notifications and announces further delays of notification deadlines due to the COVID-19 pandemic Free
Indian Competition Commission (New Delhi)
Measures in view of threat of CORONAVIRUS/COVID-19 pandemic* In continuation to the public notices issued on March 23, 2020, March 30, 2020 and April 13, 2020 wrt "Measures in view of threat of CORONAVIRUS/COVID-19 pandemic", the following additional arrangements are made: Information with (...)

The Chinese State Administration for Market Regulation accepts the first merger filing involving a variable interest entities structure (Shanghai Mingcha Zhegang / Huansheng Information Technology)
King & Wood Mallesons (Beijing)
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King & Wood Mallesons (Beijing)
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King & Wood Mallesons (Beijing)
Preamble On 20 April 2020, China’s State Administration for Market Regulation ("SAMR") formally accepted a filing for the Establishment of a Joint Venture between Shanghai Mingcha Zhegang Management Consulting Co., Ltd. (“SMZ”) and Huansheng Information Technology (Shanghai) Co., Ltd. ("SMZ (...)

The Finnish Competition Authority clears merger of steel structure suppliers, subject to divesting a production plant in the market that would have restrictive effects on competition (Donges Teräs Oy / Ruukki Building Systems Oy)
Finnish Competition and Consumer Authority (Helsinki)
FCCA approved Donges Teräs Oy’s acquisition of Ruukki Building Systems Ltd, subject to conditions* On 17 April 2020, the Finnish Competition and Consumer Authority (FCCA) conditionally approved the merger in which Donges Teräs Oy will acquire Ruukki Building Systems Oy. The competition problems (...)

The UK Competition Authority announces its provisional clearance of a proposed acquisition of a stake in a food delivery company in its first application of “failing firm” defence during the COVID-19 pandemic (Amazon / Deliveroo) Free
Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
On 17 April 2020 the CMA announced its provisional clearance of Amazon’s proposed acquisition of a stake in Deliveroo. The transaction was referred for an in-depth Phase 2 investigation in December 2019, in light of concerns about the impact on competition for the supply of online restaurant (...)

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

The UK Competition Authority provisionally clears acquisition of an online food delivery business by a global online shopping company to prevent it from bankruptcy likely to happen due to economic effects of the COVID-19 outbreak (Amazon / Deliveroo) Free
United Kingdom’s Competition Authority - CMA (London)
CMA provisionally clears Amazon’s investment in Deliveroo* In light of a deterioration in Deliveroo’s financial position as a result of coronavirus (COVID-19), the CMA has provisionally cleared Amazon’s investment in Deliveroo. After completing an initial, Phase 1, investigation, the Competition (...)

The UK Competition Authority provisionally clears an acquisition between an online food delivery business by a global online shopping company (Amazon / Deliveroo)
Bird & Bird (London)
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Bird & Bird (London)
The CMA has provisionally cleared Amazon and Deliveroo merger On 17 April 2020, the Competition and Markets Authority ("CMA") provisionally cleared the anticipated acquisition by Amazon of certain rights and a minority shareholding in Deliveroo. The CMA’s initial analysis of the merger (...)

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

The UK Competition Authority uses the failing firm defence in a merger between a service provider and a food delivery supplier during the COVID-19 pandemic (Amazon / Deliveroo)
Ashurst (London)
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Ashurst (London)
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Ashurst (London)
While some businesses may choose to delay transactions in light of Covid-19, many transactions will continue, in particular if the target is in financial distress. In such scenarios, the "failing firm defence" may be an available option for obtaining merger control clearance for transactions (...)

The Danish Competition Authority extends the suspension of merger review time limits during the COVID-19 crisis Free
Danish Competition and Consumer Authority (Copenhagen)
Suspension of time limits for merger review is extended* The Minister of Industry, Business and Financial Affairs has issued an order, which extends the suspension of merger review time limits until May 10. When companies wish to implement a merger, the Competition and Consumer Agency must (...)

The Danish Competition Authority suspends merger control deadlines due to the COVID-19 outbreak Free
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
In an unprecedented move, the Danish merger control deadlines have been suspended from the 18 March due to the COVID-19 situation until 10 May for now. When undertakings wish to implement a larger merger, the Competition and Consumer Authority (“DCA”) must ensure that the merger will not (...)

The New Zealand Competition Authority clears merger of 2 global textbook publishers (Cengage Learning / McGraw-Hill Education)
New Zealand Commerce Commission
Commission grants clearance for Cengage and McGraw-Hill to merge their publishing businesses in New Zealand* The Commerce Commission has granted clearance, insofar as it relates to New Zealand markets, for Cengage Learnings Holdings II, Inc. and McGraw-Hill Education, Inc. to merge their (...)

The Lithuanian Competition Authority announces that merger review might be delayed due to the COVID-19 outbreak making data collection from market participants more difficult Free
Lithuanian Competition Authority (Vilnius)
EXAMINATION OF MERGERS MAY LAST LONGER* As companies have temporarily suspended their business operations due to the Covid-19 outbreak, Konkurencijos taryba is struggling to receive information from businesses and informs companies that it may take longer than usual to implement the activities (...)

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

The Dutch Competition Authority unconditionally clears the acquisition of a publishing company and concludes that no in-depth phase II merger control investigation is required as sufficient competition will remain in the online-advertising market and free online news market (Sanoma / DPG)
Bird & Bird (The Hague)
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Bird & Bird (Amsterdam)
On 10 April 2020, the Netherlands Authority for Consumers & Markets (“ACM”) unconditionally cleared the acquisition of publishing company Sanoma Media Netherlands (“Sanoma”) by DPG Media (“DPG”) and concluded that no in-depth phase 2 merger control investigation was required as sufficient (...)

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

The Peruvian Competition Authority clears merger of electric generation undertakings, subject to supplying energy through competitive and transparent tenders or competitive bids (China Three Gorges Corporation / Luz del Sur and Inland Energy)
Peruvian Competition Authority - INDECOPI (Lima)
Indecopi authorizes the acquisition of Luz del Sur, as long as the Company supplies energy through competitive and transparent tenders or competitive bids that protect competition and consumer´s interest* The Commission for the Defense of Free Competition of Indecopi (CLC) decided to approve (...)

The Austrian Competition Authority requires electronic notification of mergers and announces delays in merger control due to COVID-19 restrictions Free
Austrian Competition Authority (Vienna)
Coronavirus (COVID-19) update 9.4.2020: current operations in the AFCA and regulations relating to merger notifications and examinations* Current regulations relating to merger notifications and examinations Due to the current traffic restrictions and statutory special rules relating to (...)

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

The UK Competition Authority blocks merger between online airline booking providers despite their sector being significantly impacted by the COVID-19 outbreak (Sabre / Farelogix) Free
United Kingdom’s Competition Authority - CMA (London)
CMA blocks airline booking merger* Following an in-depth investigation, the CMA has blocked Sabre’s proposed takeover of Farelogix. Among other products and services, Sabre and Farelogix supply software solutions which help airlines to sell flights via travel agents including those that (...)

The New Zealand Competition Authority releases Statement of Issues it finds in the proposed smartpay merger (Verifone / Smartpay)
New Zealand Commerce Commission
Statement of Issues released for Verifone Smartpay clearance application* The Commerce Commission has published a Statement of Issues relating to an application from Verifone New Zealand (Verifone) to acquire the assets used by Smartpay Holdings Limited (and its subsidiaries) to operate the (...)

The UK Competition Authority states that a private hospital merger will be cleared if it can address local competition concerns, and recognizes the difficulty faced by merging parties due to the COVID-19 pandemic (Circle Health / BMI Healthcare) Free
United Kingdom’s Competition Authority - CMA (London)
Private hospital merger to be approved if local concerns addressed* The CMA has found that the completed merger between Circle and BMI does not raise UK-wide competition concerns but could reduce competition in 2 local areas. Both Circle and BMI provide elective care to NHS and privately (...)

The UK Competition Authority recognizes that merging construction companies might be heavily affected by COVID-19 pandemic, but still requires them to address competition concerns before clearing the merger (Kingspan / Building Solutions) Free
United Kingdom’s Competition Authority - CMA (London)
Construction products merger raises competition concerns* The CMA has found that Kingspan’s anticipated purchase of Building Solutions raises competition concerns in the supply of specialist insulation panels. Kingspan is the leading provider in the UK of standard foam sandwich panels, which (...)

The EU Commission announces that, amid the current COVID-19 crisis, it stands ready to deal with cases where firms can show very compelling reasons to proceed with a merger notification without delay Free
Freshfields Bruckhaus Deringer (Brussels)
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Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (London)
Although many competition authorities are making considerable efforts to ensure “business as usual” during the COVID-19 crisis, the pandemic is inevitably having a material impact on merger control reviews around the globe. In addition to the obvious timing implications, deals are now being, and (...)

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

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

The EU Commission approves an acquisition subject to conditions in the airlines services market (Lufthansa / Gategroup)
De Berti Jacchia Franchini Forlani (Brussels)
In-flight catering services. The Commission approves a new merger* On 3 April 2020 the Commission has approved, under the EU Merger Regulation, the proposed acquisition of the European business of Lufthansa Service Group (“LSG”) by Gategroup, notified on 14 February 2020, subject to the latter (...)

The Danish Competition Authority makes its first merger referral to the EU Commission on the basis that it might affects markets in multiple other Member States (Mastercard / Nets)
Danish Competition and Consumer Authority (Copenhagen)
The European Commission to decide on the Master-card/Nets merger* The Danish Competition and Consumer Authority has referred the proposed merger between Mastercard and Nets to the European Commission. This is because the Danish Competition and Consumer Authority has come to the conclusion that (...)

The Danish Competition Authority requests a referral to the EU Commission for a proposed acquisition between two financial services companies on the basis that the merger might affect markets in other member states (Mastercard / Nets)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
The Danish Competition and Consumer Authority ("DCCA") has for the first time ever requested a referral of a merger to the European Commission under Article 22(1) of the EU Merger Regulation. The referral concerns the proposed acquisition by Mastercard/Europay U.K Limited of certain parts of (...)

The EU Commission and National Competition Authorities implement remote working for the vast majority of their workforces, presenting challenges in merger control during the COVID-19 outbreak Free
Orrick, Herrington & Sutcliffe (London)
Like most organisations, the European Commission (the "Commission") and national competition authorities ("NCAs") have implemented remote working for the vast majority of their workforces. This presents unique and unprecedented challenges in merger control, one of the regulatory areas with the (...)

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

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

The Canadian Competition Authority announces that its 2020 pre-merger notification thresholds will remain the same level as last year Free
Commonwealth Secretariat (London)
Canada’s Competition Bureau (the “Bureau”), which assists the Commissioner of Competition (the “Commissioner”) in the administration and enforcement of the Competition Act (the “Act”), announced on 1 April 2020 that the 2020 pre-merger notification transaction size threshold for acquiring an (...)

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

The US FTC clears a global biopharmaceutical merger subject to a number of divestments in highly concentrated product markets for ten products that companies use to manufacture biopharmaceutical drugs (Danaher Corporation / GE Biopharma)
US Federal Trade Commission (FTC) (Washington)
FTC Imposes Conditions on Danaher Corporation’s Acquisition of GE Biopharma* Merger likely to reduce competition in highly concentrated markets that supply biopharmaceutical companies with key inputs Danaher Corporation has agreed to divest assets to settle Federal Trade Commission charges (...)

State Aid

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

The EU Court of Justice further narrows the scope for exceptions to the recovery of interest on illegal State aid following a company receiving a credit line for the recovery of agricultural and breeding livestock activities from the Portuguese authorities (Nelson Antunes da Cunha)
Van Bael & Bellis (Brussels)
On 30 April 2020, the Court of Justice of the European Union (the “Court of Justice”) delivered another important judgment concerning the complex relationship between State aid and national procedural rules (Case C-627/18, Nelson Antunes da Cunha). The judgment was delivered in response to a (...)

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

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

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

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

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

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

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

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

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

The EU Commission approves a €550 million German State-guaranteed loan to compensate airline Condor for damage caused by COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €550 million German State-guaranteed loan to compensate airline Condor for damage caused by coronavirus outbreak* The European Commission has found a State-guaranteed €550 million public loan in favour of German charter airline Condor to be in line with EU State (...)

The EU Commission approves €4 million Belgian scheme to support COVID-19 related research and development projects Free
DG COMP (Brussels)
State aid: Commission approves €4 million Belgian scheme to support coronavirus related research and development projects* The European Commission has approved a €4 million Belgian direct grant scheme for the Brussels-Capital region to support coronavirus related research and development (...)

The EU Commission approves €16.6 billion Polish repayable advance scheme to support companies affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €16.6 billion Polish repayable advance scheme to support companies affected by the coronavirus outbreak* The European Commission has approved a Polish scheme in the form of repayable advances, with a total budget of €16.6 billion(approximately PLN 75 billion), to (...)

The EU Commission approves a €700 million Polish State aid scheme to support companies including the agricultural and fishery sectors that are affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €700 million Polish aid scheme to support companies affected by the coronavirus outbreak* The European Commission has approved a €700 million scheme to support the Polish economy in the context of the coronavirus outbreak. The support measures available under the (...)

The EU Commission approves €100 million Dutch subsidised loan scheme to support SMEs affected by COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €100 million Dutch subsidised loan scheme to support SMEs affected by coronavirus outbreak* The European Commission has approved a €100 million Dutch State aid scheme to support small and medium-sized companies (SMEs) in the context of the coronavirus outbreak. The (...)

The EU Commission approves €5 million Lithuanian scheme in the form of loan interest payments for SMEs active in road freight transport affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €5 million Lithuanian scheme for SMEs active in road freight transport affected by the coronavirus outbreak* The European Commission has approved a €5 million direct grant scheme to support the Lithuanian economy in the context of the coronavirus outbreak. The (...)

The EU Commission approves a €137 million Swedish State aid public guarantee to compensate an airline company for damage suffered due to the COVID-19 crisis Free
DG COMP (Brussels)
State aid: Commission approves Swedish public guarantee of up to €137 million to compensate airline SAS for damage caused by coronavirus outbreak* The European Commission has found a Swedish State guarantee of up to approximately €137 million on a revolving credit facility in favour of (...)

The EU Commission approves second Spanish “umbrella” scheme to support economy in COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves second Spanish “umbrella” scheme to support economy in coronavirus outbreak* The European Commission has approved the second Spanish “umbrella” scheme to support the Spanish economy in the context of the coronavirus outbreak. The scheme was approved under the State (...)

The EU Commission approves a €125 million Maltese State aid employment scheme to help sectors affected by the COVID-19 crisis Free
DG COMP (Brussels)
State aid: Commission approves €215 million Maltese employment aid scheme to support sectors affected by coronavirus outbreak* The European Commission has approved a €215 million Maltese wage subsidies scheme to support companies operating in the sectors affected by the coronavirus outbreak. The (...)

The EU Commission approves a €2 billion Slovenian State aid scheme including a dozen of measures to support companies affected by the COVID-19 crisis Free
DG COMP (Brussels)
State aid: Commission approves €2 billion Slovenian “umbrella” scheme to support the economy in coronavirus outbreak* The European Commission has approved a €2 billion Slovenian State aid scheme to support the Slovenian economy in the context of the coronavirus outbreak. The scheme was approved (...)

The EU Commission approves Belgian €200,000 direct grant scheme to support agricultural and aquaculture sectors in Brussels-Capital region following COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €200,000 direct grant scheme to support agricultural and aquaculture sectors in Brussels-Capital region following coronavirus outbreak* The European Commission has approved a €200,000 Belgian regional scheme to support agricultural and aquaculture sectors in the (...)

The EU Commission approves €3 billion Finnish scheme that includes both direct grants and loan guarantees to support companies affected by COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €3 billion Finnish scheme to support companies affected by coronavirus outbreak* The European Commission has approved a Finnish scheme to support the Finnish economy in the context of the coronavirus outbreak. The scheme was approved under the State aid Temporary (...)

The EU Commission approves a €150 million Bulgarian scheme to support SMEs affected by COVID-19 outbreak with equity and quasi-equity investments Free
DG COMP (Brussels)
State aid: Commission approves a €150 million Bulgarian scheme to support SMEs affected by coronavirus outbreak* The European Commission has approved a €150 million (approx. BGN 294 million) Bulgarian scheme to support small and medium-sized enterprises (SMEs) in the context of the coronavirus (...)

The EU Commission approves €7.8 billion Polish schemes to support companies affected by the COVID-19 outbreak including direct grants, tax deferrals, and wage subsidies Free
DG COMP (Brussels)
State aid: Commission approves €7.8 billion Polish schemes to support companies affected by the coronavirus outbreak* The European Commission has approved 11 Polish State aid schemes, with a total budget of PLN 35.1 billion (approximately €7.8 billion), to support the Polish economy in the (...)

The EU Commission approves €110 million Polish loan and guarantee scheme to support the economy in COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €110 million Polish loan and guarantee scheme to support the economy in coronavirus outbreak* The European Commission has approved a PLN 500 million (approximately €110 million) Polish aid scheme to support the economy in the context of the coronavirus outbreak. (...)

The EU Commission approves €38 million Swedish scheme to compensate damages caused by cancelled or postponed cultural events due to COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €38 million Swedish scheme to compensate damages caused by cancelled or postponed cultural events due to coronavirus outbreak* The European Commission has approved under EU State aid rules a SEK 420 million (approximately €38 million) Swedish scheme that (...)

The EU Commission approves Dutch guarantee scheme of up to €10 billion to support the economy in the context of COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves Dutch guarantee scheme of up to €10 billion to support the economy in context of coronavirus outbreak* The European Commission has approved a Dutch loan guarantee scheme of up to €10 billion to support the Dutch economy in the context of the coronavirus outbreak. (...)

The EU Commission approves €5.3 million Maltese scheme to support research and development related to COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €5.3 million Maltese scheme to support research and development related to coronavirus outbreak* The European Commission has approved a €5.3 million Maltese direct grants scheme to support investment in research and development (R&D) related to the coronavirus (...)

The EU Commission approves €75.5 million Estonian schemes in the form of direct grants and payment advantages to support companies in COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €75.5 million Estonian schemes in the form of direct grants and payment advantages to support companies in coronavirus outbreak* The European Commission has approved eight Estonian State aid schemes in the form of direct grants and payment advantages to provide (...)

The EU Commission approves €100 million Italian guarantee scheme to support SMEs in the agriculture, forestry, fishery and aquaculture sectors affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €100 million Italian guarantee scheme to support SMEs in the agriculture, forestry, fishery and aquaculture sectors affected by the coronavirus outbreak* The European Commission has approved a €100 million Italian State aid scheme to support small and medium-sized (...)

The EU Commission approves €50 million Italian subsidised loans scheme to support agriculture, forestry and fishery sectors affected by COVID-19 outbreak in Friuli Venezia Giulia region Free
DG COMP (Brussels)
State aid: Commission approves €50 million Italian subsidised loans scheme to support agriculture, forestry and fishery sectors affected by coronavirus outbreak in Friuli Venezia Giulia region* The European Commission has approved a €50 million Italian scheme to support the agricultural, (...)

The EU Commission approves €200 million Irish scheme in the form of direct grants, repayable advances, equity injections, and subsidised loans to support companies affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €200 million Irish scheme to support companies affected by the coronavirus outbreak* The European Commission has approved a €200 million Irish scheme to support companies affected by the coronavirus outbreak. The scheme, called “Sustaining Enterprise Scheme”, was (...)

The EU Commission approves €2 billion Finnish public guarantee and subsidised loan scheme to support companies affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €2 billion Finnish public guarantee and subsidised loan scheme to support companies affected by the coronavirus outbreak* The European Commission has approved a €2 billion Finnish aid scheme to support the Finnish economy in the context of the coronavirus outbreak. (...)

The EU Commission approves €2 billion Slovak employment aid scheme to preserve jobs and support the self-employed during the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €2 billion Slovak employment aid scheme to preserve jobs and support the self-employed during the coronavirus outbreak* The European Commission has approved a €2 billion Slovak aid scheme for preserving employment and supporting self-employed individuals affected (...)

The EU Commission approves €7 billion French “umbrella” scheme to support the economy in the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €7 billion French “umbrella” scheme to support the economy in the coronavirus outbreak* The European Commission has approved a €7 billion French “umbrella” scheme to support small and medium-sized enterprises (SMEs) and large corporates in France affected by the (...)

The EU Commission approves a €140 million Portuguese State aid scheme to support investment in research and development during the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €140 million Portuguese scheme to support investment in research, development, testing and production of coronavirus relevant products* The European Commission has approved a €140 million Portuguese aid scheme to support investment in research and development (...)

The EU Commission approves a €4 million Croatian State aid scheme in order to support fishery and aquaculture companies affected by the COVID-19 crisis Free
DG COMP (Brussels)
State aid: Commission approves €4 million Croatian direct grant scheme to support fishery and aquaculture sector in coronavirus outbreak* The European Commission has approved an HRK 30 million (approximately €4 million) Croatian scheme to support the fishery and aquaculture sector in Croatia in (...)

The EU Commission approves a €88 million Hungarian State aid scheme to support companies’ researchers and developers during the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €88 million Hungarian aid scheme supporting researchers and developers in all sectors affected by coronavirus outbreak* The European Commission has approved a HUF 31.5 billion (approximately €88 million) Hungarian wage subsidies support scheme for researchers and (...)

The EU Commission approves an Austrian State aid scheme to support small and medium-sized enterprises during the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves Austrian guarantee schemes to support SMEs affected by the coronavirus outbreak* The European Commission has approved Austrian guarantee schemes to support Austrian small and medium-sized enterprises (SMEs) in the context of the coronavirus outbreak. The schemes (...)

The EU Commission approves a €1 billion Hungary State aid scheme to support companies through direct grants, loans and equity measures during the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €1 billion Hungarian aid scheme to support companies affected by the coronavirus outbreak* The European Commission has approved a HUF 350 billion (approximately €1 billion) scheme to support the Hungarian economy in the context of the coronavirus outbreak. The (...)

The EU Commission approves €35.5 million Latvian direct grant scheme to support agriculture, fishery, food and school catering sectors in COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €35.5 million Latvian direct grant scheme to support agriculture, fishery, food and school catering sectors in coronavirus outbreak* The European Commission has approved a €35.5 million Latvian scheme to support the agricultural, fishery, food and school catering (...)

The EU Commission approves €453 million Swedish rent rebate scheme to support sectors affected by COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €453 million Swedish rent rebate scheme to support sectors affected by coronavirus outbreak* The European Commission approved a Swedish rent rebate scheme of up to SEK 5 billion (approximately €453 million) in support of tenants operating in the sectors for hotels, (...)

The EU Commission approves Danish public guarantee of up to €137 million to compensate airline SAS for damage caused by COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves Danish public guarantee of up to €137 million to compensate airline SAS for damage caused by coronavirus outbreak* The European Commission has found a Danish State guarantee of up to approximately €137 million on a revolving credit facility in favor of Scandinavian (...)

The EU Commission approves prolongation and modification of the French “Fonds de solidarité” scheme for small enterprises in temporary financial difficulties due to COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves prolongation and modification of the French “Fonds de solidarité” scheme for small enterprises in temporary financial difficulties due to coronavirus outbreak* The European Commission has found France’s prolongation and modification of a previously approved scheme to (...)

The EU Commission approves €770 million Bulgarian employment aid scheme for preserving jobs in sectors most affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €770 million Bulgarian employment aid scheme for preserving jobs in sectors most affected by the coronavirus outbreak* The European Commission has approved a BGN 1.5 billion (approximately €770 million) Bulgarian wage subsidies support scheme for preserving (...)

The EU Commission approves Czech scheme of up to €37 million in direct grants to support investments in the production of COVID-19-relevant products Free
DG COMP (Brussels)
State aid: Commission approves Czech scheme of up to €37 million to support investments in the production of coronavirus-relevant products* The European Commission has approved a Czech aid scheme of up to CZK 1 billion (approximately €37 million) to support investments by small and medium-sized (...)

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

The EU Commission approves Italian guarantee scheme for new working capital and investment loans granted by banks to support companies affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves Italian guarantee scheme to support the economy in coronavirus outbreak* The European Commission has approved an Italian aid scheme to support the economy in the context of the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework (...)

The EU Commission approves Italian guarantee scheme to support self-employed workers, SMEs and mid-caps affected by COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves Italian guarantee scheme to support self-employed workers, SMEs and mid-caps affected by coronavirus outbreak* The European Commission has approved an Italian aid scheme to support self-employed workers and companies with up to 499 employees affected by (...)

The EU Commission approves €10 billion French guarantee scheme to support domestic credit insurance market in COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €10 billion French guarantee scheme to support domestic credit insurance market in coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €10 billion French guarantee scheme to support the domestic credit insurance market in the (...)

The EU Commission approves €3.3 billion Romanian scheme to support SMEs with direct grants and loan guarantees in COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €3.3 billion Romanian scheme to support SMEs in coronavirus outbreak* The European Commission has approved a RON 16 billion (approximately €3.3 billion) Romanian scheme to support small and medium-sized enterprises (SMEs) in the context of the coronavirus (...)

The EU Commission approves amendments to previously approved German schemes to further support economy in COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves amendments to previously approved German schemes to further support economy in coronavirus outbreak* The European Commission has found the amendments to two German schemes to support companies affected by the coronavirus outbreak (“Bundesregelung Kleinbeihilfen (...)

The EU Commission approves Belgian scheme deferring payment by Walloon airports of concession fees to mitigate economic impact of COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves Belgian scheme deferring payment by Walloon airports of concession fees to mitigate economic impact of coronavirus outbreak* The European Commission has approved a Belgian scheme deferring the payment by Walloon airports of concession feesto mitigate the economic (...)

The EU Commission approves €455 million Swedish guarantee scheme to support airlines affected by COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €455 million Swedish guarantee scheme to support airlines affected by coronavirus outbreak* The European Commission has approved a Swedish loan guarantee scheme to support airlines affected by the coronavirus outbreak. The scheme was approved under the State aid (...)

The EU Commission approves Belgian guarantee scheme mobilising €50 billion support for companies affected by COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves Belgian guarantee scheme mobilising €50 billion support for companies affected by coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €50 billion Belgian loan guarantee scheme to support the Belgian economy in the context of the (...)

The EU Commission approves €115 million Polish scheme of direct grants to support companies in COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €115 million Polish scheme to support economy in coronavirus outbreak* The European Commission has approved a PLN 527 million (approximately €115 million) Polish scheme to support the Polish economy in the context of the coronavirus outbreak. The scheme was (...)

The EU Commission approves Belgian guarantee scheme of up to €3 billion to support the Flemish economy in COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves guarantee scheme of up to €3 billion to support the Flemish economy in coronavirus outbreak* The European Commission has approved a Belgian scheme of up to €3 billion, financed by the Flemish region, to support companies in the context of the coronavirus outbreak. (...)

The EU Commission approves €150 million Lithuanian scheme of direct grants and loan guarantees to support companies in COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €150 million Lithuanian schemes to support economy in coronavirus outbreak* The European Commission has approved two Lithuanian aid schemes to support the Lithuanian economy in the context of the coronavirus outbreak. The schemes were approved under the State aid (...)

The EU Commission approves a €1billion Croatian State aid scheme that will take the form of zero-interest loans to help companies affected by the COVID-19 crisis Free
DG COMP (Brussels)
State aid: Commission approves €1 billion Croatian schemes to support companies affected by coronavirus outbreak* The European Commission has approved two Croatian schemes to support the Croatian economy in the context of the coronavirus outbreak. The schemes were approved under the State aid (...)

The EU Commission approves a €15 billion Austrian liquidity State aid scheme in the form of direct grants, state guarantees for loans and subsidised public loans to support the economy in the context of the COVID-19 crisis Free
DG COMP (Brussels)
State aid: Commission approves €15 billion Austrian liquidity scheme to support the economy in the coronavirus outbreak* The European Commission has approved a €15 billion Austrian liquidity scheme to support the economy in the context of the coronavirus outbreak. The scheme was approved under (...)

The EU Commission President forms a team to coordinate the State aid schemes and the EU response to the COVID-19 crisis Free
Norton Rose Fulbright (Brussels)
The COVID-19 crisis: EU Competition Policy response In response to the COVID-19 crisis, European Union (EU) President Ursula von der Leyen has formed a team led by eight Commissioners to coordinate the EU response. This team of Commissioners is advised by a new advisory panel of (...)

The EU Commission consults with Member States on further expanding the State aid Temporary Framework for COVID-19 outbreak to recapitalisation measures Free
DG COMP (Brussels)
Coronavirus: Commission Statement on consulting Member States on proposal to further expand State aid Temporary Framework to recapitalisation measures* Today, the European Commission has sent to Member States for consultation a draft proposal to further extend the scope of the State aid (...)

The EU Commission approves €20 million Portuguese credit line scheme to support fishery and aquaculture sector during the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €20 million Portuguese credit line scheme to support fishery and aquaculture sector in coronavirus outbreak* The European Commission has approved a Portuguese scheme to support the Portuguese fishery and aquaculture sector in the context of the coronavirus (...)

The EU Commission approves a €30 million Luxembourg State aid scheme related to research and development and investment in the production during the COVID-19 crisis Free
DG COMP (Brussels)
State aid: Commission approves €30 million Luxembourg scheme to support research and development and investments in the production of coronavirus relevant products* The European Commission has approved a €30 million Luxembourg aid scheme to support coronavirus related research and development (...)

The EU Commission approves a €140 million Hungarian State aid scheme managed by the Hungarian investment promotion agency to help the national economy during the COVID-19 crisis Free
DG COMP (Brussels)
The European Commission has approved a HUF 50 000 million (approximately €140 million) Hungarian aid scheme to support the Hungarian economy in the context of the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework adopted by the Commission on 19 March 2020, as (...)

The EU Commission approves a Danish State aid scheme to compensate the companies activities affected negatively by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €5.4 billion Danish scheme to compensate companies particularly affected by the coronavirus outbreak* The European Commission has approved under EU State aid rules a DKK 40 billion (approximately €5.4 billion) Danish scheme that compensates companies particularly (...)

The EU Commission approves a €110 million Lithuanian State aid scheme in order to support the national economy during the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €110 million Lithuanian guarantee scheme to support economy in coronavirus outbreak* The European Commission has approved a €110 million Lithuanian aid scheme to support the Lithuanian economy in the context of the coronavirus outbreak. The scheme was approved (...)

The EU Commission approves a €255 million Bulgarian State aid scheme to support small enterprises during the COVID-19 crisis Free
DG COMP (Brussels)
State aid: Commission approves €255 million Bulgarian guarantee scheme to support SMEs in coronavirus outbreak* The European Commission has approved a Bulgarian BGN 500 million (approx. €255 million) public guarantee scheme to support small and medium-sized enterprises (SMEs) in the context of (...)

The EU Commission approves € 700 million Polish scheme with loan guarantees and subsidies to support companies in COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves € 700 million Polish loan and guarantee scheme to support economy in coronavirus outbreak* The European Commission has approved a PLN 3.5 billion (approximately €700 million) Polish aid scheme to support the economy in the context of the coronavirus outbreak. The (...)

The EU Commission approves a €1,2 billion Greek State aid scheme that takes the form of grants to help the national economy during the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €1.2 billion Greek scheme providing grants for SMEs to support economy in coronavirus outbreak* The European Commission has approved a €1.2 billion Greek aid scheme to support the Greek economy in the context of the coronavirus outbreak. The scheme was approved (...)

The EU Commission approves a Greek State aid scheme to support and help the economy’s companies affected by the COVID-19 pandemic situation Free
DG COMP (Brussels)
State aid: Commission approves €1 billion Greek scheme providing repayable advances to support the economy in the coronavirus outbreak* The European Commission has approved a €1 billion Greek aid scheme to support companies affected by the coronavirus outbreak. The scheme was approved under the (...)

The EU Commission approves a £50 billion umbrella UK State aid scheme to support SME’s and large corporates affected by the COVID-19 Free
Morgan Lewis (London)
,
Morgan Lewis (London)
The European Commission has approved a £50 billion (EUR 57 billion) “umbrella” UK state aid scheme to support small and medium-sized enterprises and large corporates in the United Kingdom affected by the coronavirus (COVID-19) outbreak. The umbrella scheme was approved on April 6, 2020, under the (...)

The EU Commission approves €790 million Croatian guarantee scheme for companies with export activities affected by coronavirus outbreak Free
DG COMP (Brussels)
State aid: Commission approves €790 million Croatian guarantee scheme for companies with export activities affected by coronavirus outbreak* The European Commission has found a HRK 6 billion (approximately €790 million) Croatian liquidity guarantee scheme for companies affected by the (...)

The EU Commission approves a £50 billion umbrella UK scheme to support companies affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves £50 billion UK “umbrella” scheme to support the economy in the coronavirus outbreak* The European Commission has approved a £50 billion (approximately €57 billion) “umbrella” UK scheme to support small and medium-sized enterprises (SMEs) and large corporates in the (...)

The EU Commission approves a Portuguese State aid scheme including public loan guarantees and direct grants to companies during the COVID-19 crisis Free
DG COMP (Brussels)
State aid: Commission approves €13 billion Portuguese schemes to support economy in coronavirus outbreak* The European Commission has approved two Portuguese State aid schemes to support the Portuguese economy in the context of the coronavirus outbreak. The schemes were approved under the State (...)

The EU Commission approves a Polish scheme enabling public guarantees up to €22 billion to companies affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves Polish scheme enabling public guarantees up to €22 billion to support economy in coronavirus outbreak* The European Commission has approved a Polish aid scheme to support the Polish economy in the context of the coronavirus outbreak.The scheme was approved under (...)

The EU Commission recognises the impact of the COVID-19 across Europe’s trade and issues a temporary framework for State aid measures to support the economy Free
Bird & Bird (Budapest)
,
Bird & Bird (Brussels)
Public safety measures, supply disruptions and the unprecedented dramatic decline in automotive markets as a result of the COVID-19 outbreak have forced OEMs to stop production in numerous Member States. Such decisions will of course have far-reaching direct and indirect effects on businesses (...)

The EU Commission revises its temporary framework for State aid to support the economy during the COVID-19 pandemic and allows investment aid to companies involved in the fight against the outbreak Free
Morgan Lewis (London)
,
Morgan Lewis (London)
The European Commission revised its Temporary Framework for State Aid to support the economy during the coronavirus (COVID-19) pandemic, allowing investment aid to companies involved in the fight against the pandemic, as well as new forms of operating aid for companies in severely impacted (...)

The EU Commission issues a first amendment to the Temporary Framework enabling Members States to accelerate research and development testing and the manufacture of COVID-19 relevant products Free
Kirkland & Ellis (London)
,
Kirkland & Ellis (London)
,
Kirkland & Ellis (London)
Update on the EU’s State aid response to COVID-19* Our previous blog post covered the EU Commission’s (“EC”) Temporary Framework of 19 March 2020 (“Temporary Framework”), which aims at enabling national governments to use the full flexibility of State aid rules to support the economy in the context (...)

The EU Commission approves €200 million Danish loan in support of the Travel Guarantee Fund for travel cancellations due to COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €200 million Danish loan in support of the Travel Guarantee Fund for travel cancellations due to coronavirus outbreak* The European Commission has found a Danish State loan facility of up to DKK 1.5 billion (approx. €200 million) in support of the Travel Guarantee (...)

The EU Commission extends Temporary Framework to enable Member States to accelerate research, testing and production of coronavirus relevant products, to protect jobs and to further support the economy in the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission extends Temporary Framework to enable Member States to accelerate research, testing and production of coronavirus relevant products, to protect jobs and to further support the economy in the coronavirus outbreak* The European Commission has adopted an amendment extending (...)

The EU Commission approves €2 billion Greek guarantee measure to support companies affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €2 billion Greek guarantee measure to support companies affected by the coronavirus outbreak* The European Commission has approved today a €2 billion Greek aid scheme to support the Greek economy in the context of the coronavirus outbreak. The scheme was approved (...)

The EU Commission adopts an amendment to extend the temporary framework for State aid measures to support the economy in the COVID-19 outbreak Free
White & Case (Brussels)
,
White & Case (Brussels)
,
White & Case (Paris)
On 3 April, the Commission adopted an Amendment to extend the Temporary Framework for State aid measures to support the economy in the COVID-19 outbreak adopted on 19 March (covered in our previous alert: European Commission publishes its emergency COVID-19 State aid rules and rapidly approves (...)

The EU Commission approves €23 million Dutch scheme of direct grants to support providers of social support services, health care and youth care in offering services at home during the COVID-19 pandemic Free
DG COMP (Brussels)
State aid: Commission approves €23 million Dutch scheme to support the economy in the current coronavirus outbreak* The European Commission has approved a €23 million Dutch scheme to support certain providers of social support and health care in offering services at home during the coronavirus (...)

The EU Commission approves extension of German scheme for subsidised loans by regional authorities and promotional banks to companies during COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves extension of German scheme for subsidised loans to support economy in coronavirus outbreak* The European Commission has approved a German State aid scheme extending measures adopted on 22 March 2020 to support the economy in the context of the coronavirus (...)

The EU Commission approves €350 million Maltese guarantee scheme for working capital loans granted by commercial banks to support companies affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €350 million Maltese guarantee scheme to support economy in coronavirus outbreak* The European Commission has approved a Maltese State aid scheme to support the economy in the context of the coronavirus outbreak. The scheme was approved under the State aid (...)

The EU Commission approves Spanish “umbrella” scheme with measures that include direct grants and tax advantages, and where recipients include the self-employed affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves Spanish “umbrella” scheme to support economy in coronavirus outbreak* The European Commission has approved a Spanish aid scheme to support the Spanish economy in the context of the coronavirus outbreak. The scheme was approved under the State aid Temporary (...)

The EU Commission approves a €9.1 billion Swedish guarantee scheme on commercial loans to companies during the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves a €9.1 billion Swedish guarantee scheme to support economy in coronavirus outbreak* The European Commission has approved a SEK 100 billion SEK (approximately €9.1 billion) Swedish aid scheme to support the economy in the context of the coronavirus outbreak. The (...)

Procedures

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

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

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

The Mexican Competition Authority issues emergency regulations providing that the service of process of official communication and resolutions in ongoing procedures can be performed via email during the COVID-19 pandemic Free
White & Case (Mexico)
,
White & Case (Mexico)
,
White & Case (Mexico)
Effective as of April 23, 2020 , the Mexican Competition Commission (“COFECE”) issued emergency regulations providing that, during and as long as the coronavirus pandemic is considered a health emergency, the service of process of official communication and resolutions in ongoing (...)

The Indian Competition Authority authorises companies to collaborate and enter into agreements to share information to enhance the efficiency of production, supply, distribution, storage, acquisition during the COVID-19 crisis Free
National University of Study and Research in Law (Ranchi)
,
National University of Study and Research in Law (Ranchi)
Background. The outbreak of the covid-19 pandemic has pushed the global economy into total shambles. Economies all over the world are on a verge of collapse and the Indian economy has been no exception. The continuous surge in the covid-19 cases along with the countrywide imposition of (...)

The Indian Competition Authority publishes public notices to keep people updated about the COVID-19 situation measures Free
Jindal Initiative on Research in IP and Competition (Delhi)
How is Competition Commission of India functioning during the COVID-19 pandemic?* The Competition Commission of India (CCI) has been very prompt with adopting various measures to continue its working during this period of pandemic. The CCI has issued several circulars and public notices from (...)

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

The Bulgarian Competition Authority operates under the state of emergency and follows a new regime during the COVID-19 crisis Free
Druzhestvo Stoyanov & Tsekova in cooperation with Schoenherr (Sofia)
CPC activity during COVID-19 crisis* On 13 March 2020 the government declared a national state of emergency as a result of the ongoing COVID-19 crisis. The state of emergency is currently in force until 13 May. This article outlines the impact of this declaration on Commission for Protection (...)

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

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

The Japanese FTC publishes new draft rules and guidelines establishing limited confidentiality protections for attorney-client in certain investigations
Morrison & Foerster (Tokyo)
,
Morrison & Foerster (Tokyo)
,
Morrison & Foerster (Tokyo)
Japan FTC Proposes New Attorney-Client Privilege Rules for Public Comment* In April 2020, Japan’s antitrust regulator, the Japan Fair Trade Commission (JFTC), issued draft rules and guidelines establishing, among other things, limited confidentiality protections for attorney-client (...)

Regulatory

The EU Commission grants a temporary derogation for the rules in key parts of the food sector during the COVID-19 crisis Free
William Fry (Dublin)
,
William Fry (Dublin)
,
William Fry (Dublin)
COVID-19 and the Food Sector - Temporary Derogations from Competition Law Rules* The severe economic impact of the COVID-19 pandemic has resulted in a temporary relaxation of EU competition law rules in key parts of the food sector. The European Commission (Commission) has granted a temporary (...)

The EU Commission issues three implementing regulations temporarily relaxing the scope of competition law rules in three agricultural sectors affected by the COVID-19 pandemic Free
Court of First Instance of Namur
On 30 April 2020, the European Commission (the “Commission”) issued three implementing regulations temporarily relaxing the scope of competition law rules in three agricultural sectors severely affected by the COVID-19 pandemic. By way of context, Regulation (EU) No 1308/2013 of 17 December 2013 (...)

The Hong Kong Competition Authority and the Securities and Futures Commission sign a memorandum of understanding to enhance collaboration and the exchange of information on competition issues in the securities and futures industry
Herbert Smith Freehills (Hong Kong)
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Reed Smith (Hong Kong)
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Herbert Smith Freehills (Hong Kong)
On 28 April 2020, the Hong Kong Competition Commission (HKCC) and the Securities and Futures Commission (SFC) announced that they had signed a memorandum of understanding (MoU) to enhance collaboration and exchange of information, particularly in respect of competition issues in the securities (...)

The Australian Competition Authority states that petrol retailers should avoid using the current COVID-19 outbreak to increase their profits but rather be in line with international petrol prices falls Free
Australian Competition and Consumer Commission (Canberra)
PETROL RETAILERS SHOULD REDUCE THEIR PRICES IN LINE WITH FALLS IN INTERNATIONAL PETROL PRICES* Petrol retailers should not use the current pandemic to further increase profits, which the latest ACCC petrol industry report shows have risen in recent years, and should pass on the full benefit of (...)

The EU Commission adopts an exceptional derogation from the EU Competition rules for the milk, flowers and potatoes sectors to establish a common organisation of the agricultural products as a response to the COVID-19 outbreak Free
Ashurst (London)
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Ashurst (London)
On 22 April 2020, the European Commission ("Commission") announced plans to adopt an exceptional derogation from the EU competition rules for the milk, flowers and potatoes sectors based on Article 222 of Regulation 1308/2013 establishing a common organisation of the markets in agricultural (...)

The Portuguese Competition Authority publishes the final version of its report on minimum contract duration clauses and insists on enhancing freedom of choice for consumers particularly important in the context of social distancing due to COVID-19 outbreak Free
Portuguese Competition Authority (Lisbon)
Telecoms: the AdC publishes the final version of its report on minimum contract duration clauses and insists on enhancing freedom of choice for consumers* The Portuguese Competition Authority (Autoridade da Concorrência – AdC) has published the final version of its report on “Loyalty policies in (...)

The Dutch Competition Authority states that health insurers are allowed to give health care providers financial support collectively during COVID-19 crisis Free
Netherlands Authority for Consumers & Markets (The Hague)
ACM: Health insurers are allowed to give health care providers financial support collectively during Coronavirus crisis* Health insurers are allowed to make collective arrangements to provide financial support to health care providers during the Coronavirus (COVID-19) crisis. More (...)

The Australian Competition Authority grants new interim authorisation for an expanded range of measures allowing participants in the gas and electricity markets to work together to help safeguard Australia’s energy supply during the COVID-19 outbreak Free
Australian Competition and Consumer Commission (Canberra)
EXPANDED CO-OPERATION FOR ENERGY SECTOR DURING PANDEMIC* The ACCC has granted new interim authorisation for an expanded range of measures allowing participants in the gas and electricity markets to work together to help safeguard Australia’s energy supply during the COVID-19 pandemic. On April (...)

The Australian Government publishes a regulation which prohibits several health-related goods from being exported from Australia during the COVID-19 outbreak Free
Bird & Bird (Sydney)
During the COVID-19 human biosecurity period, exportation of some health-related goods has been prohibited, with the intention to control supply in Australia. Regulation 13GI of the Customs (Prohibited Exports) Regulations prohibits a number of goods from being exported from Australia. These (...)

The Australian Competition Authority grants 17 interim authorisations to address immediate problems being faced by industry participants and to ensure public needs and benefits are retained during the COVID-19 outbreak Free
Bird & Bird (Sydney)
,
Bird & Bird (Sydney)
In recent weeks, the Australia Competition and Consumer Commission ("ACCC") has acted swiftly and granted 17 interim authorisations to address immediate problems being faced by industry participants and to ensure public needs and benefits are retained during the COVID-19 pandemic. (...)

The US DoJ issues a second business review letter to show that it is still open to creative solutions to combat COVID-19 to get medical supplies where they are needed the most Free
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Chicago)
The United States Department of Justice Antitrust Division (DOJ) has issued a second Business Review Letter pursuant to the expedited review process it announced on March 24, 2020 to review conduct related to COVID-19 within seven days. The letter released on April 20, 2020 issued to (...)

The US DoJ issues positive Business Review Letter to drug wholesale company and announces it will not challenge collaborative efforts in procuring healthcare supplies used to treat COVID-19 patients (AmerisourceBergen) Free
US Department of Justice - Antitrust Division (Washington)
Justice Department Issues Business Review Letter to AmerisourceBergen Supporting Distribution of Critical Medicines Under Expedited Procedure for COVID-19 Pandemic Response* The Department of Justice announced today that it will not challenge collaborative efforts of AmerisourceBergen (...)

The Australian Competition Authority allows both public and private hospital operators in Northern Territory and Souther Australia to work with each other and relevant health agencies during the COVID-19 outbreak Free
Australian Competition and Consumer Commission (Canberra)
PRIVATE AND PUBLIC HOSPITALS IN NT AND SA AUTHORISED TO COOPERATE ON COVID-19 RESPONSE* Private hospitals and health agencies in the Northern Territory and South Australia respectively will be able to cooperate in responding to the COVID-19 pandemic, following separate interim authorisations (...)

The US Food and Drug Administration expands its enforcement discretion policy for the import, distribution and use of certain masks and other personal protective equipment for medical use Free
Arent Fox (Washington)
,
Arent Fox (Washington)
Import and distribution of face shields and respirators during COVID-19 pandemic* Introduction This article concerns the import and distribution of respirators and other masks to be used to meet the significant US healthcare challenges posed by the COVID-19 pandemic. As reported in the news (...)

The Australian Competition Authority grants interim authorisation allowing life insurers to co-ordinate to ensure frontline healthcare workers are not excluded from coverage due to COVID-19 exposure Free
Australian Competition and Consumer Commission (Canberra)
CO-ORDINATION ON LIFE INSURANCE FOR FRONTLINE WORKERS DURING PANDEMIC* The ACCC has granted interim authorisation allowing life insurers to co-ordinate to ensure frontline healthcare workers are not excluded from coverage due to potential or actual exposure to COVID-19. The interim (...)

The US DoJ and FTC issue a series of joint and other statements concerning the enforcement of the antitrust laws on labor market issues following COVID-19 pandemic Free
Morgan Lewis (Washington)
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Morgan Lewis (Philadelphia)
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Morgan Lewis (Silicon Valley)
The joint statement recognizes that while the COVID-19 pandemic offers businesses an opportunity for procompetitive collaboration and benefits, it also increases significant risk of anticompetitive conduct in the labor market. Here are some issues and factors that businesses should consider to (...)

The Australian Competition Authority grants interim authorisation after receiving an application lodged by private health insurers to provide financial relief to policyholders during the COVID-19 outbreak Free
Australian Competition and Consumer Commission (Canberra)
PRIVATE HEALTH INSURERS TO COOPERATE ON COVID-19 COVERAGE AND DEFERRAL OF PREMIUMS* Private health insurers have been granted conditional interim authorisation to co-ordinate on providing financial relief to policy holders during the COVID-19 pandemic, and broadening insurance coverage to (...)

The International Competition Network issues a statement addressing key considerations related to competition law enforcement during and after the COVID-19 pandemic Free
International Competition Network (ICN)
The International Competition Network (ICN) Steering Group has issued a statement addressing key considerations related to competition law enforcement during and after the COVID-19 pandemic. The ICN is the most important network of competition authorities worldwide. It comprises 140 competition (...)

The South African Minister of Trade, Industry and Competition issues six regulations amending the national Competition Act aimed to combat the outbreak of COVID-19 Free
Herbert Smith Freehills (Johannesburg)
,
Herbert Smith Freehills (Johannesburg)
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Herbert Smith Freehills (Johannesburg)
Following the declaration of a national state of disaster in terms of the Disaster Management Act No. 57 of 2002 (as amended), the concerning escalation in the number of confirmed COVID-19 infections in South Africa prompted the National Coronavirus Command Council to enforce a nationwide (...)

The Australian Competition Authority authorises private hospitals in Victoria and Queensland to cooperate with their state health agencies, public hospitals and each other during the COVID-19 crisis Free
Australian Competition and Consumer Commission (Canberra)
Private and public hospitals to cooperate on COVID-19 in Victoria and Queensland* The ACCC has separately authorised private hospitals in Victoria and in Queensland to cooperate with their state health agencies, public hospitals and each other, as they prepare for and respond to the COVID-19 (...)

The US DoJ issues a business review letter under the DoJ-FTC joint expedited COVID-19 competitor collaboration review procedures, blessing several medical supply companies to work together to produce and distribute equipment and medicine Free
White & Case (Washington)
,
White & Case (Washington)
,
White & Case (New York)
On April 4, 2020, the Antitrust Division of the Department of Justice issued its first Business Review Letter under the DOJ-FTC joint expedited COVID-19 competitor collaboration review procedures, blessing several medical supply companies to work together to produce and distribute personal (...)

The US DoJ issues its first business review letter under the DoJ-FTC expedited COVID-19 competitor collaboration review procedures, blessing several medical supply companies to work together to produce and distribute protective equipment Free
White & Case (Washington)
,
White & Case (New York)
,
White & Case (Washington)
On April 4, 2020, the Antitrust Division of the Department of Justice issued its first Business Review Letter under the DOJ-FTC joint expedited COVID-19 competitor collaboration review procedures, blessing several medical supply companies to work together to produce and distribute personal (...)

The US DoJ issues positive Business Review Letter to Medical Supplies Distributors and announces it will not challenge their collaborations supporting Project Airbridge under the expedited procedure for COVID-19 pandemic response (McKesson / Owens & Minor / Cardinal Health / Medline Industries / Henry Schein) Free
US Department of Justice - Antitrust Division (Washington)
Department of Justice Issues Business Review Letter to Medical Supplies Distributors Supporting Project Airbridge Under Expedited Procedure for COVID-19 Pandemic Response* The U.S. Department of Justice announced today that it will not challenge collaborative efforts of McKesson Corporation, (...)

The Brazilian Federal Senate approves a bill which amends private legal relations and affects the enforcement of the Brazilian antitrust law during the COVID-19 outbreak Free
Caminati Bueno Advogados (São Paulo)
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Caminati Bueno Advogados (São Paulo)
Tthe Brazilian Federal Senate approved last Friday (April 3rd) the Bill No. 1,179/20, which amends private legal relations during the Covid-19 pandemic and also affects the enforcement of Law No. 12,529/11 (“Brazilian Antitrust Law”). We highlight that the referred Bill is still subject to the (...)

The Australian Competition Authority grants interim authorisation to allow gas and electricity industry participants to cooperate on measures during COVID-19 crisis (AEMO) Free
Australian Competition and Consumer Commission (Canberra)
Co-operation to support reliable energy sector authorised* The ACCC has granted interim authorisation to the Australian Energy Market Operator Limited (AEMO) to allow gas and electricity industry participants to co-operate on measures to ensure secure and reliable energy supply and integrity (...)

The EU Commission launches a consultation for the review of the 1997 Notice on the definition of the relevant market
Court of First Instance of Namur
On 3 April 2020, the Commission launched a six-week consultation on its roadmap for the review of the 1997 Notice on the definition of the relevant market for the purposes of Community competition law (the “Market Definition Notice”). Overall, the review aims at determining whether the Market (...)

The Australian Competition Authority allows oil-companies to cooperate to secure fuel supply during COVID-19 crisis Free
Australian Competition and Consumer Commission (Canberra)
Oil companies allowed to co-operate to secure fuel supply during COVID-19 pandemic* Major oil refiners and the Australian Institute of Petroleum (AIP), the industry’s representative body, have been granted interim authorisation by the ACCC to discuss and put in place measures so fuel supplies (...)

The Australian Competition Authority authorises shopping centers owners and managers to discuss and implement rent relief measures for small to medium shopping center tenants during COVID-19 crisis Free
Australian Competition and Consumer Commission (Canberra)
Shopping centres to co-operate to support retail tenants* Shopping centre owners and managers have been granted interim authorisation to discuss and implement rent relief measures for small to medium shopping centre tenants facing hardship because of the COVID-19 pandemic. This follows an (...)

The Australian Competition Authority grants conditional interim authorisation for medicine manufacturers to coordinate on COVID-19 response Free
Australian Competition and Consumer Commission (Canberra)
Medicine manufacturers to coordinate on COVID-19 response* The ACCC has granted conditional interim authorisation for Medicines Australia (MA), the Generic and Biosimilar Medicines Association (GBMA) and their members to work together to support the continued supply of essential medicines (...)

The US FTC and DoJ issue joint letter raising concerns that California Assembly Bill 1541 will impose new restrictions on beer manufacturers who wish to terminate distribution agreement with wholesalers
US Federal Trade Commission (FTC) (Washington)
Joint FTC and DOJ Letter Raises Concerns about California Assembly Bill 1541, which would Impose New Restrictions on Beer Manufacturers Who Wish to Terminate Distribution Agreement with Wholesalers* The staff of Federal Trade Commission’s Office of Policy Planning, Bureau of Economics, and (...)

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