April 2021

General antitrust

The Italian Competition Authority sends to the government its proposal aiming at removing potential legal or administrative burdens to the opening of markets and ensure the development of competition as well as promoting the economic recovery of the country New
White & Case (Milan)
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White & Case (Milan)
On 23 March 2021, the Italian Competition Authority (“ICA”) sent to the Italian government its proposals for changes to the Italian competition law for inclusion in the “annual law for competition” pursuant to Article 47 of Law 99/2009. The ICA reform proposals affect a broad variety of industries (...)

The Japanese FTC extends the public comment period regarding a list of proposed issues to be discussed at the study group on competition policy for data market
White & Case (Tokyo)
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White & Case (Tokyo)
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White & Case (Tokyo)
The Competition Policy Research Center ("CPRC") of the Japan Fair Trade Commission ("JFTC") is seeking comments from the public on a list of proposed issues to be discussed at the Study Group on Competition Policy for Data Market ("Study Group"). The due date was originally set on January 15, (...)

The Australian Competition Authority seeks feedback submissions from consumers on choice and competition in internet search and web browsers
Australian Competition and Consumer Commission (Canberra)
Feedback sought on choice and competition in internet search and web browsers* The ACCC is seeking submissions from consumers and industry participants about choice screens, which give users a choice of internet search services on mobiles and tablets, rather than a pre-selected search service, (...)

The EU Commission publishes a public consultation to gather views and evidence from a panel to ensure that competition rules do not stand in the way of collective bargaining
DG COMP (Brussels)
Competition: Commission invites stakeholders to provide comments on the application of EU competition law to collective bargaining agreements for self-employed* The European Commission has launched today a public consultation to gather views and evidence from citizens, businesses, social (...)

The EU Commission opens a public consultation on the application of competition law to collective bargaining agreements for self-employed
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
Over the past years, the EU institutions have shown quite some attention to the position of workers in the so-called gig or peer economy, despite the limited legislative authority of the EU in the area of social policy. As early as 2016, the European Parliament called the EU Commission for (...)

The Australian Competition Authority announces that restrictions on travel and economic activity due to the COVID-19 outbreak have an enormous effect on petrol prices
Australian Competition and Consumer Commission (Canberra)
Petrol prices ended bumpy year slightly lower as demand rebounded* Petrol prices in Australia’s five largest cities stabilised at the end of 2020 after an unpredictable year and petrol sales volumes continued to recover from their earlier pandemic-driven slump. That’s according to the ACCC’s (...)

The UK Government publishes a consultation response which clarifies the national security regime
Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (Brussels)
Since the UK Government published the National Security and Investment Bill (the Bill) in November 2020 (see our earlier briefing), a number of issues have prompted significant debate and investor concerns. Many of these centre on the delicate balance between the UK Government’s desire to (...)

The UK Government provides greater clarity on new national security screening rules to be introduced by the national security and investment bill
Skadden, Arps, Slate, Meagher & Flom (London)
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Skadden, Arps, Slate, Meagher & Flom (London)
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Skadden, Arps, Slate, Meagher & Flom (London)
On 2 March 2021, the UK government published its response to a consultation on the sectors of the economy which are to be subject to mandatory notification under the new inward investment regime to be introduced by the National Security and Investment Bill (the Bill), which is currently before (...)

The UK Government clarifies the scope of the new national security and investment bill
White & Case (London)
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White & Case (London)
In November 2020, the UK published a draft of its new National Security and Investment Bill ("NSIB"), heralding the introduction of a new regime for reviewing investments on national security grounds. The Bill introduced a mandatory pre-screening mechanism for certain deals involving (...)

The UK Government publishes revised sector definitions for mandatory notification under the national security screening regime
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
The UK Government has today published its response to the consultation on mandatory notification in specific sectors under the proposed new national security screening regime contained in the National Security and Investment Bill (NSI Bill). The NSI Bill is currently making its way through the (...)

The Swedish Competition Authority gains new powers and introduces changes after the transposition of the ECN+ directive
Autorité de la concurrence (Paris)
March 2021 marks a new era for the Swedish Competition Authority (SCA - Konkurrensverket). Major amendments to competition legislation in the country have entered into force on March 1st, introducing changes that result in increased powers for the SCA. These new amendments come as fresh air, (...)

The Australian Competition Authority releases its annual list of compliance and enforcement priorities during the COVID-19 pandemic Free
Bird & Bird (Sydney)
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Bird & Bird (Sydney)
On 23 February 2021, the Australian Competition and Consumer Commission (“ACCC”) released its compliance and enforcement priorities for 2021. These priorities provide guidance to industries and businesses regarding those areas which will be a key focus for the ACCC’s enforcement activities in the (...)

The Indian Competition Authority publishes the key findings of its market study on the telecom sector
Khaitan (Mumbai)
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Khaitan (Mumbai)
Tring Tring! CCI calls in the market study on Indian telecom sector* On 22 January 2021, the Competition Commission of India (CCI) published its market study on the Indian telecom sector (Market Study). Initiated by the CCI in January 2020 as part of its advocacy measures, the Market Study (...)

The EU Commission and the UK Government publish an agreement governing post-Brexit trade relations that includes provisions on competition law
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
Following Brexit, EU competition law continued to apply in the United Kingdom until 31 December 2020 as part of an agreed Transition Period. In this LawFlash, we summarise how the end of the Transition Period is likely to impact the enforcement of competition law in the United Kingdom going (...)

The UK Competition Authority publishes a review regarding the progress made in the legal services sector
United Kingdom’s Competition Authority - CMA (London)
CMA publishes review of progress in legal services sector* The CMA’s assessment of changes in the legal services sector since its market study has found some positive developments but concludes more progress is needed. The review follows recommendations made in 2016 after the Competition and (...)

Anticompetitive practices

The EU Court of Justice dismisses the appeals lodged by two telecommunications companies against the judgments of the General Court relating to anticompetitive practices on the Slovak market (Slovak Telekom / Deutsche Telekom) New
European Court of Justice (Luxembourg)
The Court of Justice dismisses the appeals lodged by Slovak Telekom and Deutsche Telekom against the judgments of the General Court relating to anticompetitive practices on the Slovak telecommunications market* The fine of € 38 061 963, for which those two companies were found jointly and (...)

The Lithuanian Supreme Administrative Court upholds the Competition Authority’s decision regarding a cartel between 26 driving schools and a driving schools association
Lithuanian Competition Authority (Vilnius)
SUPREME ADMINISTRATIVE COURT OF LITHUANIA UPHOLDS COMPETITION AUTHORITY’S DECISION ON DRIVING SCHOOLS’ CARTELS* Driving schools and the Lithuanian association of driving schools (Association) which agreed to set prices of driving services for consumers will not avoid sanctions for cartel (...)

The Australian Federal Court fines a sports brand for resale price maintenance (FE Sports) New
Australian Competition and Consumer Commission (Canberra)
FE Sports to pay $350,000 penalty for resale price maintenance* The Federal Court has ordered wholesale distributor B & K Holdings (QLD) Pty Ltd, trading as FE Sports, to pay a $350,000 penalty after it declared by consent that FE Sports engaged in resale price maintenance in relation to (...)

The Mexican Competition Authority notifies economic agents of a statement of probable responsibility for possible collusion in the market of land passenger transportation New
Mexican Competition Authority (Mexico City)
COFECE notifies economic agents of a statement of probable responsibility for a possible collusion in the market for land passenger transportation* With this notification of a statement of probable responsibility, the trial-like procedure initiates, in which the economic agents can present (...)

The French Competition Authority fines the three main manufacturers of industrial sandwiches sold under the retailer’s brand label for an anticompetitive agreement (Roland Monterrat / La Toque Angevine / Daunat) New
Autorité de la concurrence (Paris)
The Autorité de la concurrence fines the three main French manufacturers of industrial sandwiches sold under retailer’s own brand label for anticompetitive agreement*Background The Autorité de la concurrence fines Roland Monterrat, La Toque Angevine (hereinafter "LTA") and Snacking Services (...)

The Australian Competition Authority concludes that the terms in a warehousing agreement were likely to be unfair in the storage services (GrainCorp) New
DG COMP (Brussels)
GrainCorp amends terms in its warehousing agreement* GrainCorp Operations Ltd (GrainCorp) has agreed to amend 19 terms in its Grain Warehousing Agreement with small business grain growers, after an ACCC investigation concluded that these terms were likely to be unfair contract terms under the (...)

The EU Commission publishes a notice on how to fight collusion in public procurement and on guidance on how to apply the related exclusion ground New
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 18 March 2021, the Official Journal of the European Union published a European Commission (Commission) Notice on “tools to fight collusion in public procurement and on guidance on how to apply the related exclusion ground” (see, attached copy; the Notice). The Notice develops the tools which (...)

The UK Competition Authority disqualifies two former directors for participating in a cartel in the construction industry (McCann) New
United Kingdom’s Competition Authority - CMA (London)
Directors disqualified over illegal construction cartel* The CMA has secured the disqualification of 2 former directors of Northern Ireland-based firm FP McCann Ltd for their parts in an illegal construction cartel. The move follows the Competition and Market Authority’s (CMA) 2019 decision (...)

The EU Commission publishes its notice providing tools on how to fight collusion in public procurement and on guidance on how to apply the related exclusion ground New
University of Bristol - Law School
FIRST THOUGHTS ON THE COMMISSION’S BID RIGGING EXCLUSION GUIDANCE — WHAT DIFFERENCE WILL IT MAKE?* On 18 March 2021, the European Commission officially published its Notice on tools to fight collusion in public procurement and on guidance on how to apply the related exclusion ground (the ‘bid (...)

The Hungarian Competition Authority investigates the pharmaceutical wholesaler system (Phoenix / Hungaropharma) New
Hungarian Competition Authority (Budapest)
The GVH is investigating the pharmaceutical wholesaler system* The Hungarian Competition Authority (GVH) launched an investigation into the agreements concluded by the largest domestic pharmaceutical wholesalers and the cooperation systems they established with pharmacies, since these may (...)

The Portuguese Competition Authority carries out an analysis of the FinTech market which reveals barriers to entry New
Portuguese Competition Authority (Lisbon)
AdC’s sector inquiry on FinTech: 74% of companies operating in Portugal consider that there are barriers to market entry* The AdC – Portuguese Competition Authority recently carried out an analysis of the FinTech market in Portugal to follow up on the recommendations made in 2018. The results (...)

The Australian Competition Authority authorises dairy farmer’s organisation to implement a licensing scheme (Queensland Dairyfamer’s)
Australian Competition and Consumer Commission (Canberra)
ACCC authorises Queensland Dairyfarmers’ Organisation to implement ’Fair Go Dairy’ licensing scheme* The ACCC has authorised the Queensland Dairyfarmers’ Organisation Limited (QDO) to give effect to its proposed ‘Fair Go Dairy’ licensing scheme for five years. Under the scheme, QDO will grant (...)

The French Competition Authority fines national security provider for issuing cover quotes in the tobacconist security provision sector (Double Tour)
Autorité de la concurrence (Paris)
The Autorité de la concurrence fines Double Tour for issuing cover quotes in the tobacconist security provision sector* Following an investigation by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) into the tobacconist security provision sector, (...)

The UK Competition Authority disqualifies three company directors for being in a cartel in the construction industry (Campbell / Hudson / Sherling)
United Kingdom’s Competition Authority - CMA (London)
3 company directors to be disqualified over construction cartel* The CMA has secured the disqualification of 3 company directors, after finding they broke competition law by forming a cartel in the construction industry. This move follows an investigation by the Competition and Markets (...)

The Australian Competition Authority accepts a court-enforceable undertaking from a credit card company after it addressed competition concerns (Visa)
Australian Competition and Consumer Commission (Canberra)
Visa undertakes to address competition concerns over debit card payments* The ACCC has accepted a court-enforceable undertaking from Visa AP (Australia) Pty Ltd and Visa Worldwide Pte Limited (together, Visa) in relation to concerns that Visa may have limited competition in relation to debit (...)

The Spanish Competition Authority agrees to a conventional settlement of the disciplinary proceedings for infringement of competition law in the mooring and unmooring sector (Amarres de Algeciras)
Spanish Competition Authority (Madrid)
The CNMC settles the disciplinary proceedings against Amarres de Algeciras* It was investigating a sector agreement that could have restricted the freedom to hire of new mooring companies in the Port of Algeciras. The case is settled without a fine, since the conditions presented by the (...)

The French Competition Authority imposes a €435.000 fine on a construction company for exchanging information (Santerne)
Autorité de la concurrence (Paris)
City of Lille’s call for tenders: Santerne (Vinci group) fined up to €435,000 The Autorité de la concurrence fines Santerne Nord Tertiaire (subsidiary of the Vinci group) €435,000 for exchanging information with another company in a call for tenders organised by the city of Lille (Communauté (...)

The UK Competition Authority investigates a Big Tech company over suspected anti-competitive behaviour (Apple)
United Kingdom’s Competition Authority - CMA (London)
CMA investigates Apple over suspected anti-competitive behaviour* The CMA has launched an investigation into Apple following complaints that its terms and conditions for app developers are unfair and anti-competitive. In addition to designing, manufacturing and marketing electronic devices (...)

The Finnish Market Court finds that three manufacturers of expanded polystyrene engaged in a single and continuous national price-fixing cartel (Jackon Finland / UK-Muovi / Styroplast)
Bird & Bird (Helsinki)
On 3 March 2021, the Market Court agreed with the submission of the Finnish Competition and Consumer Authority ("FCCA"), that three manufacturers of expanded polystyrene (“EPS”), a building insulation material, had engaged in a national price fixing cartel lasting one and a half years. One of (...)

The Spanish Competition Authority steps up its use of algorithms and big data to identify cartels and anti-competitive behaviour
Spanish Competition Authority (Madrid)
The CNMC steps up its use of algorithms and big data to identify cartels and anti-competitive behaviour* It has implemented a new system for completely anonymous and confidential informants that works similarly to an encrypted chat. The Economic Intelligence Unit (EIU) will process the messages (...)

The Romanian Competition Authority carries out an investigation in the medical waste market New
Romanian Competition Council (Bucharest)
The Competition Council carries out an investigation on medical waste market* The Competition Council carries out an investigation into a possible anti-competitive behavior of some undertakings operating in the market of medical waste treatment and disposal services in Romania. The (...)

The Canadian Competition Authority concludes its investigation of an online travel agency and fines the company and two directors $5.8 million in total for drip pricing (FlightHub) New
Commonwealth Secretariat (London)
INTRODUCTION Canada’s Competition Bureau (‘Bureau’), which assists the Commissioner of Competition (‘Commissioner’) in the administration and enforcement of the Competition Act (‘Act’), announced on 24 February 2021 that the Commissioner had clipped the wings of Montreal-based FlightHub Group Inc. (...)

The Italian Competition Authority opens an investigation on an alleged anticompetitive agreement in the audiovisual market (SIAE)
Bird & Bird (Rome)
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Bird & Bird (Rome)
On 2 February 2021, the Italian National Competition Authority (“AGCM”) opened an investigation against the Italian Society for Authors and Publishers (“SIAE”) – organisation responsible for the collective management of copyright in Italy – and various trade associations with a view to ascertain the (...)

The Czech Competition Authority sanctions a bid-rigging agreement on projecting high-speed rails (Sudop / VUZ)
Bird & Bird (Prague)
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Bird & Bird (Prague)
Leniency programmes and settlement procedures are commonly used by the Czech Office for the Protection of Competition (“Office”). The leniency programme was used as a “soft law” by the Office since 2001 to promote discovery of unlawful horizontal agreements. As for the settlement procedure, it (...)

The EU Court of Justice rules that cartel infringements end when competition is no longer restricted (Kilpailu- ja kuluttajavirasto) New
Hogan Lovells (Munich/Frankfurt)
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Hogan Lovells (Munich/Frankfurt)
In previous decisions the European Court of Justice ("ECJ") had ruled that cartel infringements continue as long as they have economic effects. This was partly interpreted to mean that a bid-rigging cartel only ends with the final payment of the cartelized price or the competition of the (...)

The French Competition Authority issues a decision regarding the purchase of offices and determines that the commitments made by two supermarket chains are binding (Carrefour / Tesco)
Autorité de la concurrence (Paris)
The Autorité issues a new decision concerning purchasing offices and makes the commitments made by Carrefour and Tesco binding* The retailers commit to reducing the scope of their joint purchases for their own-brand labels and take measures to ensure that SMEs have access to tenders for the (...)

The Japanese FTC brings criminal accusations with suspicion of bid-rigging against four wholesalers in the pharmaceutical sector (Alfresa / Mediceo / Suzuken / Toho)
White & Case (Tokyo)
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White & Case (Tokyo)
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White & Case (Tokyo)
On December 9, 2020, the Japan Fair Trade Commission (“JFTC”) brought criminal accusations with regard to bid-rigging involving pharmaceutical products ordered by the Japan Community Healthcare Organization (“JCHO”). Three pharmaceutical wholesalers and seven individuals were indicted. According (...)

Unilateral Practices

The Polish Competition Authority initiates proceedings against a company for abusing its bargaining power in the grain and rapeseed market (PolishAgri) New
Polish Competition Authority (Warsaw)
Superior bargaining power - proceedings of the President of UOKiK against PolishAgri* President of UOKiK Tomasz Chróstny brought charges against PolishAgri, a company that buys and sells grain and rapeseed. The company may be unfairly abusing its superior bargaining power against suppliers. The (...)

The Russian Competition Authority notes the end of a restriction of competition in the water supply and sanitation market in compliance with its previous order (Kirov city Administration) New
Russian Federal Antimonopoly Service (Moscow)
KIROV ADMINISTRATION COMPLIED WITH THE ORDER OF THE FAS RUSSIA* The authority’s response act was related to the restriction of competition in the water supply and sanitation market The Kirov city Administration fully complied with the order of the Antimonopoly Service. The authority issued it (...)

The French Competition Authority rejects a referral filed by a national karaoke studio for lack of evidence (Singing Studio / Karafun) New
Autorité de la concurrence (Paris)
The Autorité de la concurrence rejects the referral filed by Singing Studio in the karaoke sector for lack of evidence* Singing Studio’s complaint Singing Studio, which operates two establishments specialising in karaoke in Lille and Paris, has referred practices implemented by the Karafun (...)

The EU Commission opens an investigation into an electricity wholesaler’s behaviour in the Greek energy market (PPC) New
DG COMP (Brussels)
Antitrust: Commission opens investigation into PPC’s behaviour in the Greek wholesale electricity market* The European Commission has opened a formal antitrust investigation to assess possible abusive behaviour by Public Power Corporation (‘PPC’) in the wholesale Greek electricity sector. (...)

The Turkish Competition Authority closes an investigation against an alcohol manufacturer for an alleged abuse of dominance in respect of the non bis in idem principle (Mey İçki)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
In September 2011, the Turkish Competition Authority (the “Authority”) initiated a preliminary investigation against Mey İçki, a subsidiary of Diageo plc. in order to decide whether it violated Article 6 of Law No. 4054 on Protection of Competition (“Law No.4054”) in the Turkish market for rakı (...)

The Indian Competition Authority issues an interim behavioural remedy to relist franchise hotel properties on certain platforms before concluding the abuse of dominant position investigation against them (MMT-Go / Treebo / FabHotels)
CUTS Institute of Regulation & Competition (New Delhi)
In a first-of-its-kind order, the Competition Commission of India (“CCI”) has used its power to grant interim relief to applicants in a two-sided digital market. On 9 th March 2021, CCI ordered MMT-Go to relist properties of Treebo and FabHotels on its platform. CCI received information against (...)

The Italian Competition Authority closes its investigation against a national gas distributor for an alleged abuse of dominant position after it addressed competition concerns (Italgas) New
Italian Competition Authority (Rome)
ICA: Italgas commitments accepted for the tender concerning the gas distribution service in some municipalities of the province of Venice* According to the Authority, the competitive concerns that had led to the opening of the investigation in May 2020 have been solved L’Autorità Garante della (...)

The Mexican Competition Authority investigates possible monopolistic practices in the market of conformity assessment of mezcal’s alcoholic beverage
Mexican Competition Authority (Mexico City)
Derived from a complaint, COFECE investigates possible relative monopolistic practices in the market of conformity assessment of mezcal* Mexico City, March 04, 2021.- The Investigative Authority of the Federal Economic Competition Commission (COFECE or Commission) published today, in the (...)

The EU Commission investigates for the first time a case relating to divisional patent filing and litigation strategies in the pharmaceutical sector (Teva)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 4 March 2021 the EU Commission announced it has launched a formal investigation into possible anti-competitive conduct by pharmaceutical company Teva in relation to its blockbuster drug Copaxone, which is used in the treatment of multiple sclerosis. The patent for the active ingredient in (...)

The EU Commission opens a formal investigation into possible anticompetitive conduct of a global pharmaceutical company in relation to a blockbuster multiple sclerosis medicine (Teva)
DG COMP (Brussels)
Antitrust: Commission opens formal investigation into possible anticompetitive conduct of Teva in relation to a blockbuster multiple sclerosis medicine* The European Commission has opened a formal antitrust investigation to assess whether the pharmaceutical company Teva has illegally delayed (...)

The German Competition Authority discontinues its proceedings against a national postal service company following the company’s decision to end its rebate system (Deutsche Post)
German Competition Authority (Bonn)
Fair competition in the dispatch of newspapers and magazines – Bundeskartellamt effects changes to Deutsche Post’s conditions In reaction to the Bundeskartellamt competition concerns, Deutsche Post AG has amended its system of conditions for the dispatch of newspapers and magazines. Andreas (...)

The German Competition Authority welcomes the decision of a postal service company to end its discount system for the dispatch of newspapers and magazines (Deutsche Post)
Bird & Bird (Dusseldorf)
The Deutsche Post AG (“DPAG”) has cancelled its until recently practiced discount system in relation to its dispatch services provided to newspaper and magazine publishers. The DPAG`s decision to stop discounting the dispatch services occurred after the German Federal Cartel Office initiated an (...)

The Romanian Competition Authority opens an investigation into possible abuse of dominance of a national telecommunications company (Telekom Romania Communications) New
Romanian Competition Council (Bucharest)
The Competition Council opens investigation into possible abuse of dominant position of Telekom Romania communications SA* The Competition Council is carrying out an investigation regarding a possible abuse of a dominant position of Telekom Romania Communications SA on the market of the (...)

The UK Competition Appeal Tribunal provides guidance for post-Brexit permission to serve out applications and confirms that damage occasioned by anti-competitive conduct will not be narrowly construed (Epic Games / Apple / Google)
Hausfeld (London)
The Tribunal issued its combined permission to serve out of the jurisdiction judgment in Epic Games v Apple (the Apple Claim) and Epic Games v Google (the Google Claim) on 22 February 2021, declining permission for service on Apple Inc. and granting permission for service for a subset of (...)

The Luxembourg Administrative Tribunal rules on the competence of the Competition Authority in matters of post control of concentrations in the energy sector (Fédération des Artisans / Encevo / Enovos Luxembourg / Paul Wagner / Fils) New
Bonn & Schmitt (Luxembourg)
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Bonn & Schmitt (Luxembourg)
I. Introduction On January 25, 2021 the Administrative Tribunal of the Grand Duchy of Luxembourg (hereinafter the “Administrative Tribunal”) rendered a judgment ruling for the first time on the competence of the Competition Council of the Grand Duchy of Luxembourg (hereinafter the “Competition (...)

The Danish Maritime and Commercial High Court upholds the Competition Authority’s decision finding an abuse of dominance and an anti-competitive agreement between a German internal combustion engine manufacturer and its national distributor in the railway sector (Deutz / Diesel Motor Nordic)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
The case centred around a consortium that was handling the renovation of the engines of the IC3 trains of the Danish State Railways. A member of the consortium, Fleco ApS (Fleco), was in several ways restricted from buying spare parts to be used in the renovation of the train engines. The (...)

The Spanish Competition Authority puts an end to the infringement proceedings brought against a Big tech company for alleged dominance conduct related to a search engine and online restaurant reservation system prohibited by national antitrust law (Google / El Tenedor)
Bird & Bird (Madrid)
The Spanish Competition authority (“CNMC”) has agreed to put an end to the infringement proceedings brought against Google and El Tenedor in November 2018 for an alleged conduct related to Google’s search engine and Google Maps’ online restaurant reservation system prohibited by Articles 1 and 2 of (...)

The Turkish Competition Authority re-examines allegations on exclusionary practises in the healthcare sector (Siemens) New
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Upon the Ankara 7 th Administrative Court’s annulment its 2016 decision , the Competition Board (“Board”) re-examined the allegations against Siemens Healthcare Sağlık A.Ş. (“Siemens”) concerning abuse of dominance by way of excluding the competitors, engaging in discriminatory practices, and (...)

The Polish Competition Authority opens an investigation into e-commerce platforms over potential antitrust breaches (Allegro) New
Schoenherr (Warsaw)
UOKiK opens antitrust investigation into e-commerce company Allegro* The Office of Competition and Consumer Protection (UOKiK) recently opened a probe into e-commerce platform Allegro over potential antitrust rule breaches after it received complaints regarding Allegro’s rules of cooperation (...)

Mergers

The Australian Competition Authority clears the merger between two national financial services organisations (National Australia Bank / 86 400) New
Australian Competition and Consumer Commission (Canberra)
NAB’s acquisition of 86 400 not opposed* The ACCC will not oppose the proposed acquisition of 86 400 Holdings Ltd (86 400) by National Australia Bank Limited (ASX: NAB). 86 400 launched in 2019 and is a digital only bank, delivering its services through a smartphone application. “Innovative (...)

The UK Competition Authority clears a merger between two taxi companies (Uber / Autocab) New
United Kingdom’s Competition Authority - CMA (London)
CMA clears Uber and Autocab deal* The CMA announced today that it has cleared Uber’s purchase of Autocab, following a Phase 1 merger investigation. The CMA (Competition and Markets Authority) opened its Phase 1 merger investigation into ride-hailing company Uber’s acquisition of GPC Software (...)

The Australian Competition Authority re-authorises the cooperation between two airline companies for an additional five years (Qantas / American Airlines) New
Australian Competition and Consumer Commission (Canberra)
ACCC re-authorises Qantas-American Airlines alliance* The ACCC has re-authorised the alliance between Qantas Airways Limited (ASX: QAN) and American Airlines Inc for a further five years. The alliance enables Qantas (and Jetstar) to cooperate with American Airlines on Trans-Pacific routes (...)

The UK Competition Authority finds that a merger between two big tech companies raises competition concerns in relation to digital advertising and the supply of GIFs (Facebook / Giphy) New
United Kingdom’s Competition Authority - CMA (London)
Facebook’s purchase of Giphy raises competition concerns* The CMA has found that Facebook’s completed acquisition of Giphy raises competition concerns in relation to digital advertising and the supply of GIFs. Giphy is an online database and search engine that allows users to share GIFs and (...)

The Danish Competition Authority approves a merger between two national pharmaceutical companies subject to conditions (Orifarm / Takeda) New
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has approved Orifarm’s acquisition of certain assets from Takeda subject to commitments* The Danish Competition Council has approved Orifarm Generics Holding’s (hereinafter “Orifarm”) acquisition of certain assets, including a product portfolio consisting of (...)

The UK Competition Authority finds competition concerns in a merger between the two largest equity crowdfunding platforms (Crowdcube / Seedrs) New
United Kingdom’s Competition Authority - CMA (London)
CMA finds competition concerns in Crowdcube and Seedrs merger* Following an in-depth investigation, the CMA has provisionally found that the proposed merger between Crowdcube and Seedrs will reduce competition and innovation. Crowdcube and Seedrs are the 2 largest equity crowdfunding (...)

The UK Competition Authority provisionally blocks a merger between equity crowdfunding platforms leading them abandoning the transaction (Crowdcube / Seedrs) New
United Kingdom’s Competition Authority - CMA (London)
Crowdcube and Seedrs abandon merger during CMA investigation* Crowdcube and Seedrs have abandoned their proposed tie-up after the CMA provisionally blocked the deal. The Competition and Markets Authority (CMA) therefore intends to cancel its investigation into the potential competition (...)

The EU Commission clears a merger between two optical retailers and manufacturers subject to conditions (GrandVision / EssilorLuxottica) New
DG COMP (Brussels)
Mergers: Commission clears acquisition of GrandVision by EssilorLuxottica, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of GrandVision by EssilorLuxottica. The approval is conditional on full compliance with commitments (...)

The Spanish Competition Authority clears a merger between the third and fourth-largest banks in the country subject to conditions (Bankia / Caixabank) New
Spanish Competition Authority (Madrid)
The CNMC clears, subject to conditions, the merger by absorption of BANKIA, S.A. by CAIXABANK, S.A.* In order to address the risks observed in certain retail banking segments, as well as in the ATM market, Caixabank has offered remedies that allowed the CNMC to approve the merger. Madrid, 23 (...)

The German Competition Authority clears a merger between two national private clinic operators (Sana / Klinikum Niederlausitz) New
German Competition Authority (Bonn)
Bundeskartellamt has no objections to Sana’s participation in Klinikum Niederlausitz* The Bundeskartellamt has cleared plans by Sana Kliniken AG, Ismaning, to acquire 51% of the shares in Klinikum Niederlausitz GmbH, Senftenberg, from the Oberspreewald-Lausitz district. Klinikum Niederlausitz (...)

The UK Competition Authority updates its merger assessment guidelines New
Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (London)
The UK’s Competition and Markets Authority (CMA) has updated its guidelines on the way it assesses mergers to take account of the significant economic changes that have taken place since it published its previous guidance in 2010. The CMA is taking an increasingly interventionist approach to (...)

The EU Commission clears subject to conditions a merger between two energy providers (Eaton Hydraulics / Danfoss) New
DG COMP (Brussels)
Mergers: Commission clears acquisition of Eaton Hydraulics by Danfoss, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Eaton’s hydraulics business (“Eaton Hydraulics”) by Danfoss. The approval is conditional on full (...)

The UK Competition Authority publishes an updated version of the merger assessment guidelines New
United Kingdom’s Competition Authority - CMA (London)
Updated CMA Merger Assessment Guidelines published* Following a public consultation, the CMA has published updated guidelines about its approach to analysing mergers. The Competition and Markets Authority’s (CMA) previous merger assessment guidelines were published in 2010 and, since then, (...)

The German Competition Authority partly clears the merger between two national retailers (Edeka / Real stores) New
German Competition Authority (Bonn)
Edeka’s acquisition of Real stores only partly cleared - Edeka can only acquire 45 stores without conditions* The Bundeskartellamt has today only partly cleared Edeka’s plans to acquire up to 72 Real stores from SCP Retail S.à r.l. 21 stores cannot be acquired because of the competition (...)

The EU Commission forms a multilateral working group with leading competition authorities to exchange best practices on pharmaceutical mergers New
DG COMP (Brussels)
Competition: The European Commission forms a Multilateral Working Group with leading competition authorities to exchange best practices on pharmaceutical mergers* The European Commission’s Directorate General for Competition together with the Federal Trade Commission (FTC), the Canadian (...)

The Spanish Competition Authority authorises the merger between two national foil packaging manufacturers submitted to conditions (Enoflex / Sparflex)
Spanish Competition Authority (Madrid)
The CNMC authorises Enoflex to acquire exclusive control of Sparflex with conditions* The companies primarily manufacture different types of packaging foil for, among others, cavas and sparkling wines. The purchase is cleared in the phase I, but subject to Enoflex making certain divestments in (...)

The Chinese Competition Authority fines tech giants for failure to notify economic concentrations under the applicable merger control rules New
University of Macau - Faculty of Law (Macau)
China’s antitrust enforcer imposes record fines on tech giants for failure to notify their concentrations* On 12 March 2021, the State Administration for Market Regulation (SAMR), China’s competition authority responsible for the enforcement of the Anti-Monopoly Law (AML), has announced ten (...)

The Norwegian Competition Authority investigates a merger in the market for the sale of spirits (Altia / Arcus)
Norwegian Competition Authority
Objection against the merger between Altia and Arcus* The Norwegian Competition Authority is considering intervening against the merger between Altia Plc. and Arcus ASA. The Authority’s preliminary view is that the merger may weaken competition in several markets for the sale of spirits to (...)

The Dutch Competition Authority investigates the acquisition of three product transport companies by a national cooperative of floriculture growers (Royal FloraHolland / Floriway)
Netherlands Authority for Consumers & Markets (The Hague)
Further investigation needed into acquisition of three floriculture-product transport companies by Dutch cooperative Royal FloraHolland* Royal FloraHolland (RFH), a Dutch cooperative of floriculture growers, wishes to acquire three transport companies specialized in the handling of flowers and (...)

The US FTC closes its investigation after a proposed merger in the healthcare sector is abandoned (Atrium / Houston Healthcare system)
US Federal Trade Commission (FTC) (Washington)
Following Federal Trade Commission Staff Recommendation to Challenge Transaction, Two Health Care Systems in Central Georgia Abandon Proposed Merger* Federal Trade Commission Votes to Close Investigation of Atrium Health Navicent, Inc. and Houston Healthcare System, Inc. Given the (...)

The US DoJ reaches a settlement with two leading central Pennsylvanian health care providers regarding their merger (Geisinger / Evangelical)
US Department of Justice - Antitrust Division (Washington)
Justice Department Resolves Antitrust Case Against Leading Central Pennsylvania Health Care Providers* Settlement Protects Hospital Competition in this Region The Department of Justice announced today that it has reached a settlement with Geisinger Health (Geisinger) and Evangelical Community (...)

The French Competition Authority approves an acquisition in the luxury perfume and cosmetics sector (Cosmeurop / Superga)
Autorité de la concurrence (Paris)
The Autorité de la concurrence clears the takeover of Cosmeurop, subsidiary of L’Oréal, by Superga Invest* On 15 February 2021, the Superga Invest group notified the Autorité of its plan to acquire exclusive control of Cosmeurop. Parties to the transaction The Superga Invest group is active, (...)

The German Competition Authority examines the acquisition of a company in the food retail sector (Edeka / Real stores)
German Competition Authority (Bonn)
Bundeskartellamt has concerns about Edeka’s acquisition of Real stores – negotiations on commitments* The Bundeskartellamt is currently examining plans by the Edeka group to acquire up to 72 Real stores from SCP Retail S.àr.l. Based on its preliminary assessment, the authority has competition (...)

The EU Commission unconditionally clears a fuel-cell joint venture aiming to achieve climate-neutral and sustainable transportation (Volvo / Daimler)
Cleary Gottlieb Steen & Hamilton (Brussels)
,
Cleary Gottlieb Steen & Hamilton (Brussels)
Volvo Group (“Volvo”) and Daimler Truck AG (“Daimler”), notified a joint venture (“JV”) in the relatively novel but rapidly evolving hydrogen fuel-cell sector to the European Commission (“EC”, the “Commission”) . The JV cellcentric GmbH & Co. KG, based in Germany, will be active in the development, (...)

The US FTC publishes jurisdictional adjustments for premerger notification filings made pursuant to Section 7A of the Clayton Act and the revisions to the interlocking directorate thresholds pursuant to Section 8
Hogan Lovells (Northern Virginia)
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Hogan Lovells (Washington)
On 2 February 2021 the Federal Trade Commission (FTC) published the annual jurisdictional adjustments for premerger notification filings made pursuant to Section 7A of the Clayton Act, known as the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act), in the Federal Register. The new (...)

The Polish Competition Authority blocks an acquisition between two media groups (Eurozet / Agora)
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
Following more than a one-year phase II investigation, in January 2021, the Polish Competition Authority (“UOKiK”) announced that it blocked the acquisition of Eurozet by Agora. Parties to the blocked acquisition Both Eurozet and Agora are present in the radio broadcasting and related markets (...)

The Italian Competition Authority applies a COVID-19 related provision to clear a merger in the postal sector (Poste Italiane / Nexive) Free
Van Bael & Bellis (Brussels)
On 22 December 2020, the Italian Competition Authority (“ICA”) cleared the incumbent postal firm Poste Italiane’s (“PI”) acquisition of the sole control over its main rival Nexive Group (“Nexive”). The ICA did not apply the usual merger control rules in this case, but rather cleared the transaction (...)

State Aid

The EFTA Surveillance Authority approves an aid for a third submarine cable connecting Iceland with Europe New
EFTA Surveillance Authority (Brussels)
ESA approves aid for third submarine cable connecting Iceland with Europe* The EFTA Surveillance Authority (ESA) has today approved a capital increase of an estimated EUR 50 million to Farice, a state-owned provider of international telecommunications services, for the construction of the IRIS (...)

The EU Commission approves €24.7 million Italian aid to compensate a national airline company for further damages suffered due to COVID-19 pandemic (Alitalia) New Free
DG COMP (Brussels)
State aid: Commission approves €24.7 million of Italian support to compensate Alitalia for further damages suffered due to coronavirus outbreak* The European Commission has found €24.7 million of Italian support in favour of Alitalia to be in line with EU State aid rules. This measure aims at (...)

The EU Commission approves a €270 million Italian measure to support rail freight and commercial passenger operators affected by the COVID-19 pandemic New Free
DG COMP (Brussels)
State aid: Commission approves €270 million Italian measure to support rail freight and commercial passenger operators affected by coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €270 million Italian measure supporting both the rail freight sector and the (...)

The EU Commission approves a €146.5 million Austrian State aid scheme to support companies joining a research and innovation project in microelectronics New
DG COMP (Brussels)
State aid: Commission approves €146.5 million Austrian support in favour of companies joining research and innovation project in microelectronics* The European Commission has approved, under EU State aid rules, €146.5 million in Austrian support in favour of three companies joining the existing (...)

The EU Commission approves the modification of three existing Spanish State aid schemes in order to support the economy in the COVID-19 crisis New Free
DG COMP (Brussels)
State aid: Commission approves modification of Spanish schemes, including €10 billion budget increase for aid of limited amount, to further support economy in context of coronavirus outbreak* The European Commission has found the modification of three existing Spanish schemes to support the (...)

The EFTA Surveillance Authority approves a Norwegian aid scheme for sporting events of national importance New
EFTA Surveillance Authority (Brussels)
COVID-19 pandemic: ESA approves Norwegian aid scheme for sporting events of national importance* The EFTA Surveillance Authority (ESA) has today approved an aid scheme that will provide financial support to voluntary organisations organising sporting events considered to be of national (...)

The EU Commission approves a French State aid scheme to compensate ski lift operators for damages suffered due to the COVID-19 pandemic New Free
DG COMP (Brussels)
State aid: Commission approves French scheme to compensate ski lifts operators for damages suffered due to coronavirus outbreak* The European Commission has approved, under EU State aid rules, a French scheme with a budget between €140 and €700 million to compensate ski lifts operators for the (...)

The EU Commission decides to refer the UK to the Court of Justice for failing to fully recover an illegal State aid New
DG COMP (Brussels)
State aid: Commission refers United Kingdom to European Court for failure to fully recover illegal tax exemption aid of up to around €100 million in Gibraltar* The European Commission has decided to refer the United Kingdom to the Court of Justice of the European Union for failing to fully (...)

The EFTA Surveillance Authority approves a financial aid to the Norwegian voluntary sector New Free
EFTA Surveillance Authority (Brussels)
COVID-19 pandemic: ESA approves financial aid to Norwegian voluntary sector* The EFTA Surveillance Authority (ESA) has today approved an aid scheme that will compensate voluntary organisations for lost income and increased costs arising from COVID-19 containment measures. Norway continues to (...)

The EFTA Surveillance Authority approves a Norwegian State aid scheme to help the event industry adjust to prolonged restrictions New Free
EFTA Surveillance Authority (Brussels)
COVID-19 pandemic: ESA approves scheme to help the event industry adjust to prolonged restrictions* The EFTA Surveillance Authority (ESA) has today approved a Norwegian scheme to help event companies overcome pandemic-related challenges. The event industry continues to be strongly impacted (...)

The EU Commission approves Finnish State aid measures of €350 million to support a national airport in the context of the COVID-19 pandemic New Free
DG COMP (Brussels)
State aid: Commission approves €350 million Finnish support to Finavia in the context of the coronavirus outbreak* The European Commission has approved, under EU State aid rules, three Finnish measures, with an overall budget of €350 million, to support airport operator Finavia in the context of (...)

The EU Commission approves around €350 million Finnish support to compensate a national airline for damages suffered due to coronavirus outbreak (Finnair) Free
DG COMP (Brussels)
State aid: Commission approves around €350 million Finnish support to compensate Finnair for damages suffered due to coronavirus outbreak* The European Commission has found €351.38 million of Finnish support in favour of Finnair to be in line with EU State aid rules. The measure aims at (...)

The EU Commission approves a €1.1 billion Polish State aid scheme to support companies affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €1.1 billion Polish scheme to further support companies affected by coronavirus outbreak* The European Commission has approved a €1.1 billion (PLN 5 billion) Polish scheme to support companies in various sectors affected by the coronavirus outbreak. The scheme was (...)

The EFTA Surveillance Authority approves increased compensation to Norwegian businesses Free
EFTA Surveillance Authority (Brussels)
COVID-19 pandemic: ESA approves increased compensation to Norwegian businesses* The EFTA Surveillance Authority (ESA) has today approved amendments to a temporary compensation scheme for companies in Norway. This entails stepping up the aid intensity for January and February 2021, including an (...)

The EU Commission approves €511 million Italian State aid scheme to compensate commercial rail passenger operators for damages suffered due to the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €511 million Italian scheme to compensate commercial rail passenger operators for damages suffered due to coronavirus outbreak* The European Commission has approved, under EU State aid rules, €511 million in Italian support to compensate providers of commercial, (...)

The EU Commission approves a €2 billion French State aid scheme to support uncovered fixed costs of companies affected by the COVID-19 pandemic Free
DG COMP (Brussels)
State aid: Commission approves €2 billion French scheme to support uncovered fixed costs of companies affected by the coronavirus outbreak* The European Commission has approved a French scheme to support the uncovered fixed costs of companies affected by the coronavirus outbreak. The scheme was (...)

The EU Commission approves €39.7 million Latvian measures to recapitalise national airport (Riga International Airport)
DG COMP (Brussels)
State aid: Commission approves €39.7 million Latvian measures to recapitalise Riga International Airport* The European Commission has approved Latvian plans to grant up to €39.7 million for the recapitalisation of the State Joint Stock Company Riga International Airport (Riga International (...)

The EU Commission approves a Latvian State aid recapitalization of up to €39.7 million in the air transport sector (Riga International Airport)
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
On March 8, 2021, the European Commission (EC) approved the state recapitalization of up to €39.7 million, comprising a capital injection and a waived dividend payment for the 2019 financial year. The measure was notified to the EC under the EU’s Temporary Framework for State aid to support the (...)

The EU Commission approves Slovakian State aid rules to support the production of electricity from high-efficient cogeneration installations
DG COMP (Brussels)
State aid: Commission approves over €1 billion support for high-efficient cogeneration of electricity and heat in Slovakia* The European Commission has approved, under EU State aid rules, Slovak plans to support the production of electricity from high-efficient cogeneration installations (...)

The EU Commission approves a €20 million French State aid scheme with private investors support for companies affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves French guarantee scheme mobilising up to €20 billion support from private investors for companies affected by coronavirus outbreak* The European Commission has approved, under EU State aid rules, a French State guarantee scheme to support the economy in the (...)

The EU Court of Justice sets aside the judgment of the General Court which annuls the Commission’s decision and classifies as State aid the Spanish tax scheme in the football clubs sector (Fútbol Club Barcelona)
European Court of Justice (Luxembourg)
The Court of Justice sets aside the judgment of the General Court by which the Commission’s decision classifying as State aid the tax scheme of four Spanish professional football clubs had been annulled* The action which had been brought by Fútbol Club Barcelona against that decision is (...)

The EU Court of Justice decides that an exclusive right that provides selective advantages through State resources and distorts competition and trade between Member States is a State aid (Poste Italiane) New
College of Europe (Bruges)
Exclusive Rights and State Aid* Exclusive rights may constitute State aid if they mandate payments with resources over which the state can exercise control. Compensation for the cost of public service obligations may be granted only if the obligations are clear and define a service that is (...)

The EU Court of Justice decides that the measures adopted by a consortium of Italian banks to support one of its members do not constitute State aid (Banca Popolare di Bari)
European Court of Justice (Luxembourg)
The Court of Justice dismisses the appeal brought by the Commission against the judgment of the General Court concerning the measures adopted by a consortium of Italian banks to support one of its members* The General Court rightly found that those measures do not constitute State aid because (...)

The EU Commission approves a €40 million State aid measure to support research and development activities related to COVID-19 in Italy Free
DG COMP (Brussels)
State aid: Commission approves €40 million Italian aid measure to support coronavirus related research and development activities* The European Commission has approved a €40 million Italian aid measure to support coronavirus related research and development (R&D) by biotechnology company (...)

The EU Commission opens an in-depth investigation to assess whether German plans to compensate lignite-fired power plants for phasing out earlier than foreseen are in line with EU State aid rules
DG COMP (Brussels)
State aid: Commission opens in-depth investigation into compensation for early closure of lignite-fired power plants in Germany* The European Commission has opened an in-depth investigation to assess whether German plans to compensate lignite-fired power plants for phasing out earlier than (...)

The EU Court of Justice rejects the appeal brought by the Commission against the General Court’s decision concerning the measures adopted by Italian banks to support one of its members (Banca popolare di Bari)
College of Europe (Bruges)
Can the Decision of a Private Entity be Imputed to the State?* Introduction One of the trickiest aspects of determining whether a financial transaction involves State aid is its attribution or imputation to a decision of the state, especially when the entity providing the funding is private. (...)

The EU Court of Justice dismisses two actions brought by an airline company against the Commission’s approval of State aid schemes supporting airlines holding national licences during the COVID-19 pandemic (Ryanair)
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
,
Bird & Bird (London)
In May 2020, Ryanair brought two separate actions against the EC approval of a Swedish and a French State aid scheme supporting airlines holding national licences under Article 107(3)(b) TFEU and Article 107(2)(b) TFEU respectively. On 17 February 2021, the General Court dismissed Ryanair’s (...)

The EFTA Surveillance Authority reports on the increased State aid spending on research, development and innovation in Iceland, Liechtenstein and Norway
EFTA Surveillance Authority (Brussels)
Annual Scoreboard: Iceland, Liechtenstein and Norway increase state aid spending on research, development and innovation* The EEA EFTA States have increased their combined spending on state aid, according to the EFTA Surveillance Authority’s (ESA) latest annual State Aid Scoreboard. The (...)

Procedures

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

The UK Court of Appeal dismisses a request for appeal as the Tribunal’s funding judgment does not fall within the ambit of section 49(1A) of the Competition Act (DAF)
Hausfeld (London)
,
Hausfeld (London)
Following a rolled-up hearing comprising a panel of three judges sitting as both the Court of Appeal and the Divisional Court, a judgment earlier this month has provided helpful clarity on two important aspects relating to the collective proceedings regime: (i) the extent to which litigation (...)

The Amsterdam Court of Appeal accepts jurisdiction regarding a damage claim in a case of abuse of dominance in the Greek beer market (MTB / AB / Heineken)
Bird & Bird (Amsterdam)
On 16 February 2021, the Amsterdam Court of Appeal (Court of Appeal) reversed a judgment of the Amsterdam District Court (District Court) in which the District Court declined jurisdiction in the damage claims brought by the Macedonian Thrace Brewery S.A. (MTB) against Athenian Brewery S.A. (AB) (...)

The Rotterdam District Court rules on legal privilege for in-house lawyers (Royal Dutch Shell)
Cleary Gottlieb Steen & Hamilton (Brussels)
,
Cleary Gottlieb Steen & Hamilton (London)
,
Cleary Gottlieb Steen & Hamilton (Brussels)
On January 28, 2021, the Rotterdam District Court handed down a judgment in an appeal brought by Royal Dutch Shell (Shell) against an October 2019 magistrate ruling regarding the scope of legal professional privilege (LPP) over legal advice given by Shell’s in- house lawyers . The judgment is a (...)

The French Supreme Court extends legal privilege to all attorney-client correspondence relating to rights of defence (EDF / Dalkia)
Bird & Bird (Paris)
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Bird & Bird (Paris)
On 20 January 2021, the criminal chamber of the French Supreme Court held that in the context of a dawn raid carried out by a competition authority, all attorney-client correspondence relating to the right of defence is protected and therefore exempt from seizure. Contrary to what previous (...)

The Danish Competition Appeal Tribunal establishes that public contracting authorities are obliged to exclude tender constellations which are considered to be in breach of competition law (Peak Consulting Group)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
The Danish Complaints Board for Public Procurement (“Board of Appeal”) has in a recent decision established that a consortium agreement which is in breach of Article 101 TFEU or Article 6 in the Danish Competition Act will be invalid, thus also making the bid and any contracts engaged in by the (...)

The Australian High Court dismisses the Competition Authority’s appeal regarding a merger between two national rail transportation companies (Pacific National) New
Australian Competition and Consumer Commission (Canberra)
ACCC’s Pacific National appeal will not be heard by the High Court* The High Court of Australia has today dismissed the ACCC’s application for special leave to appeal from the Full Federal Court’s decision that Pacific National’s acquisition of the Acacia Ridge terminal from Aurizon (ASX: AZJ) (...)

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