April 2022

General antitrust

 The UK Competition Authority publishes its second State of Competition report, finding that the economy remains more concentrated than it was prior to the 2008 financial crisis and that the concentration disproportionately affects the least well-off
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
CMA publishes second state of competition report* The CMA has published its second assessment of how well competition is working in the UK and what that means for people and businesses. Effective competition helps make sure shoppers and households get a fair deal when buying goods and (...)

The Australian Competition Authority issues a report examining the operation of general online marketplaces
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78246 visits
Concerning issues for consumers and sellers on online marketplaces An ACCC report examining general online retail marketplaces, such as Amazon Australia, Catch, eBay Australia and Kogan, has highlighted a range of concerns about how they operate as well as the significant benefits they provide (...)

The UK Parliament initiates plans to reform competition and consumer law
Hausfeld (London)
United Kingdom 11 contributions 1538 visits
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Hausfeld (London)
United Kingdom 6 contributions 1023 visits
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Hausfeld (London)
United Kingdom 3 contributions 628 visits
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Following its recent consultation on wide-ranging reforms to the UK’s competition and consumer law regimes, the UK Government recently published its response to feedback received from over 180 stakeholders and made clear its intention to legislate to promote competition and consumer rights in (...)

The Latvian Competition Commission reaffirms that buyers are prohibited from imposing unfair sanctions on suppliers for non-fulfilment of orders due to objective circumstances
Latvian Competition Council (Riga)
Latvia 117 contributions 22717 visits
The CC: Buyers of goods are prohibited from imposing unfair sanctions on suppliers for non-fulfilment of orders due to objective circumstances* As a result of the Russian Federation’s military aggression supported by the Republic of Belarus and the associated sanctions imposed on these (...)

The Croatian Competition Authority and the Financial Services Supervisory Agency sign a memorandum of agreement for cooperation on sustainable competition policy
Croatian Competition Agency (Zagreb)
Croatia 117 contributions 18524 visits
Croatian Financial Services Supervisory Agency and Croatian Competition Agency sign a memorandum of agreement* The parties committed themselves to cooperation in the area of competition in the financial services market including the capital market, the insurance market, the pension insurance (...)

The US FTC extends the public comment period for request for information on the impact of pharmacy benefit managers
US Federal Trade Commission (FTC) (Washington)
United States 155 contributions 37911 visits
Federal Trade Commission Extends Public Comment Period for Request for Information on Impact of Pharmacy Benefit Managers* The Federal Trade Commission is extending the public comment period, until May 25, 2022, on a request for information that covers a wide range of issues in the PBM (...)

The German Competition Authority publishes the annual report of its market transparency unit for fuels and launches an ad-hoc examination of the mineral oil sector
German Competition Authority (Bonn)
Germany 435 contributions 110425 visits
Annual report of the Market Transparency Unit for Fuels – Bundeskartellamt launches ad-hoc examination of the mineral oil sector * With high prices and a rapidly changing market, the provision of immediate information for consumers via price information apps has become even more valuable. Some (...)

The Croatian Competition Authority and the State Commission for the Supervision of Public Procurement Procedures sign a memorandum of agreement committing to cooperate in ensuring effective competition in public procurement
Croatian Competition Agency (Zagreb)
Croatia 117 contributions 18524 visits
STATE COMMISSION FOR THE SUPERVISION OF PUBLIC PROCUREMENT PROCEDURES AND CROATIAN COMPETITION AGENCY SIGN A MEMORANDUM OF AGREEMENT* The parties committed themselves to cooperation in the area of competition in the public procurement procedures in all markets in the territory of the Republic (...)

The Japanese FTC conducts a market study on credit card transactions and proposes that standard interchange fee rates be disclosed
White & Case (Tokyo)
Japan 21 contributions 3280 visits
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White & Case (Tokyo)
Japan 20 contributions 3191 visits
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White & Case (Tokyo)
Japan 21 contributions 3280 visits
On April 8, 2022, the Japan Fair Trade Commission (’JFTC’) published the Market Survey Report on Credit Card Transactions (’Report’). The JFTC conducted a survey on credit card transactions in order to ascertain disclosure of standard interchange fee rates and to determine whether there are any (...)

The Romanian Competition Authority analyses the impact of tax consultancy and financial audit legislation on national competition
Romanian Competition Council (Bucharest)
Romania 138 contributions 24578 visits
The competition council analyses the impact of tax consultancy and financial audit legislation on competition* The Competition Council carries out a study to analyse the impact on competition of the legislative provisions that oblige companies in the field of tax consultancy and financial (...)

The Indonesian Competition Authority announces the end to the relaxation of competition rules put in place over the COVID-19 pandemic Free
HHP Law Firm (Jakarta)
Indonesia 4 contributions 1916 visits
KPPU, the Indonesian Competition Authority, announced that the relaxation measures which were in place due to the pandemic will no longer be applicable as of 1 May 2022. Corporations carrying out business in Indonesia or related to the Indonesian market should buckle up for more rigorous (...)

The EU Commission issues Guidance on FDI from Russia and Belarus and calls for greater scrutiny due to increased risk of harm to security or public order
Herbert Smith Freehills (New York)
United States 1 contribution 170 visits
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Herbert Smith Freehills (Brussels)
Belgium 110 contributions 68871 visits
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Herbert Smith Freehills (Brussels)
Belgium 42 contributions 16379 visits
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On 6 April 2022, the European Commission (“Commission”) issued Guidance to Member States on how to screen foreign direct investment (“FDI”) from Russia and Belarus into the EU, in light of the ongoing military conflict in Ukraine (“FDI Guidance”). Following Russia’s unjustified attack against (...)

The Australian Competition Authority finds significant falls in retail prices in the major capital cities a week after the cut in fuel excise came into effect
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78246 visits
Petrol retailers starting to pass through fuel excise cut* ACCC monitoring of petrol prices has found significant falls in retail prices in the major capital cities a week after the cut in fuel excise came into effect. The fuel excise cut, announced in last week’s Federal Budget, is being (...)

The Irish Competition Authority opens further consultation on proposed guidelines for exercising new competition law powers
Irish Competition Authority (Dublin)
Ireland 93 contributions 14782 visits
CCPC opens further consultation on proposed guidelines for exercising new competition law powers * The Competition and Consumer Protection Commission (CCPC) today opens the second in a series of public consultations on how it intends to use the expanded competition law enforcement powers (...)

The US DoJ updates its leniency policy and issues a revised set of answers to frequently asked questions
Vinson & Elkins (San Francisco)
United States 1 contribution 26 visits
Earlier this month, on the eve of the ABA Antitrust Spring Meeting, the Department of Justice Antitrust Division rolled out significant updates to its Leniency Program, most readily discernible through an augmented, plain-language set of 82 Frequently Asked Questions, as well as the Division’s (...)

Anticompetitive practices

 The Portuguese Competition Authority issues a fine of €11.3M, to be spread between 31 football clubs, over no-poach agreements (Futebol Clube do Porto / Sport Lisboa e Benfica / Sporting Clube de Portugal...)
Portuguese Competition Authority (Lisbon)
Portugal 111 contributions 27497 visits
AdC issues sanctioning decision for anticompetitive agreement in the labor market for the first time* The AdC has sanctioned for the first time in Portugal an anti-competitive practice in the labor market. In this case, the 31 sports companies participating in the 2019/2020 edition of the (...)

The Croatian Competition Authority detects first bid rigging cartel in public procurement (Agro-Vir/ Agrodalm / Diljexport / Marino Lučko)
Croatian Competition Agency (Zagreb)
Croatia 117 contributions 18524 visits
CCA detects first bid rigging cartel in public procurement* In its infringement decision of 28 April 2022, the Croatian Competition Agency found that in the period from 4 June 2012 to 1 January 2014 the undertakings Agro-Vir d.o.o., Agrodalm d.o.o. and Diljexport d.o.o., all from Zagreb, (...)

The Croatian Competition Authority fines four companies for bid rigging in public procurement for food delivery (Agro-Vir / Agrodalm / Diljexport / Marino Lučko)
Croatian Competition Agency (Zagreb)
United States 2 contributions 397 visits
a) Key points and main facts of the case The CCA in its decision from 28 April 2022 found that the undertakings Agro-Vir d.o.o., Agrodalm d.o.o. and Diljexport d.o.o. Zagreb, in the period from 4 June 2012 to to 1 January 2014 and undertaking Marino-Lučko d.o.o. in the period from 1 January (...)

The Austrian Competition Authority files application to have a company engaged in the production of school bags fined for cartel activity
Austrian Competition Authority (Vienna)
Austria 55 contributions 6090 visits
School bag cartel: AFCA files another application to have a company fined* On 26 April 2022 the AFCA filed an application with the Cartel Court requesting that a company be fined for an infringement of Article 101 TFEU and § 1 para. 1 of the Federal Cartel Act (KartG). AFCA investigations In (...)

The New Zealand Competition Authority allows collective bargaining between a poultry growers association and a chicken processing company (Tegel Growers Association / Tegel)
New Zealand Commerce Commission (Wellington)
New Zealand 149 contributions 21565 visits
Commerce Commission issues draft determination on New Zealand Tegel Growers Association’s application to engage in collective bargaining* The Commerce Commission (Commission) has reached a preliminary view that it should allow the New Zealand Tegel Growers Association Incorporated (TGA) to (...)

The Danish District Court of Glostrup issues four fines in relation to unlawful price coordination in gas sector (Hovedstadsregionens og Midt-Nords Naturgasselskab / Gastech Energy)
Gorrissen Federspiel (Copenhagen)
Denmark 7 contributions 2398 visits
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Gorrissen Federspiel (Copenhagen)
Denmark 3 contributions 286 visits
On 21 April 2022, the District Court of Glostrup issued a judgment that ordered Hovedstadsregionens og Midt-Nords Naturgasselskab I/S (formerly HMN Naturgas) and Gastech Energy to each pay an 8 million kroner fine for unlawful price coordination in the natural gas furnaces market. The same (...)

The Dutch Competition Authority conducts investigation into possible cartel in the street-furniture and road-furniture market
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33291 visits
ACM investigates possible cartel in street-furniture and road-furniture market* The Netherlands Authority for Consumers and Markets (ACM) is currently conducting an investigation into a possible cartel in the street-furniture and road-furniture market. As part of that investigation, ACM (...)

The New Caledonian Competition Authority fines a fast-food franchise for restrictive practices in the market for beverages (Burger King)
New Caledonia Competition Authority (Noumea)
New Caledonia 23 contributions 1047 visits
SODEC (Burger King) fined 6MF for three practices restricting competition in the beverage sector (decision no. 2022-PCR-01 of April 20, 2022)* Société de Développement Calédonienne (hereinafter, “SODEC”) is a company active in the fast-food sector, whose activity consists of operating restaurants (...)

The French Competition Authority states objections against two companies in the outdoor advertising sector
French Competition Authority (Paris)
France 727 contributions 380648 visits
The general rapporteur of the Autorité de la concurrence has stated objections to two companies in the outdoor advertising sector* The companies in question are criticised for having concluded and implemented, in the outdoor advertising sector, an agreement to share upstream markets, in (...)

The US District Court for the District of Colorado enters a federal jury’s acquittal in a first-of-its-kind criminal case against a company and its CEO for no-poach agreements with rivals (DaVita / Thiry)
McDermott Will & Emery (Chicago)
United States 3 contributions 1842 visits
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McDermott Will & Emery (Washington)
United States 8 contributions 4098 visits
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McDermott Will & Emery (Chicago)
United States 2 contributions 695 visits
In a landmark case of first impression, the US Department of Justice’s (DOJ) Antitrust Division (Division) indicted and brought to trial a federal criminal prosecution alleging agreements between DaVita, Inc., its former CEO Kent Thiry and other companies not to solicit each other’s employees. (...)

The US FTC publishes a statement regarding the verdict by the US District Court for the Eastern District of Texas that the former owner of a physical therapy staffing company obstructed the FTC’s investigation (Neeraj Jindal)
US Federal Trade Commission (FTC) (Washington)
United States 155 contributions 37911 visits
Statement Regarding Texas Jury’s Verdict that Former Owner Neeraj Jindal Obstructed FTC’s Antitrust Investigation into Physical Therapy Staffing Company* Today, a Texas federal jury found the former owner of a physical therapist staffing company guilty of obstructing a Federal Trade Commission (...)

The European Commission Opens Investigation into an Allegedly Anticompetitive Agreement Between Two Global Tech Companies Active in Online Display Advertising Services (Google / Meta)
K&L Gates (Brussels)
Belgium 2 contributions 25 visits
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K&L Gates (Brussels)
Belgium 4 contributions 3452 visits
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K&L Gates (Brussels)
Belgium 2 contributions 303 visits
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The European Commission Opens Investigation into an Allegedly Anticompetitive Agreement Between Two Global Tech Companies Active in Online Display Advertising Services* On 11 March 2022, the European Commission (Commission) opened an investigation into alleged anticompetitive practices by two (...)

The US District Court for the Eastern District of Texas convicts a former healthcare staffing executive for obstructing an investigation (Neeraj Jindal)
US Department of Justice (Washington)
United States 163 contributions 68584 visits
Former Health Care Staffing Executive Convicted of Obstructing FTC Investigation into Wage-Fixing Allegations* Today, a Texas man was convicted of obstructing a Federal Trade Commission (FTC) investigation, following an eight-day trial in the Eastern District of Texas. “Lying to federal (...)

The Belgian Competition Authority fines four cigarette manufacturers €36M for receiving commercially sensitive confidential information from their customers which limited competition ( British American Tobacco / Établissements L. Lacroix Fils / JT International Company / Philip Morris Benelux)
Belgian Competition Authority (Brussels)
Belgium 95 contributions 21365 visits
36 million euros fine for four cigarette manufacturers who restricted competition* The Competition College of the Belgian Competition Authority imposed on 13 April 2022 a fine of 5.7 million euros on British American Tobacco Belgium NV, of 7 million euros on Établissements L. Lacroix Fils NV, (...)

The US DoJ indicts individuals in Florida for bid-rigging and for conspiring to eliminate competition among their companies and secure sales for a pre-arranged winner (O’Brien / LaRoche / Dailey)
US Department of Justice (Washington)
United States 163 contributions 68584 visits
Three Florida Men Indicted for Rigging Bids and Defrauding the U.S. Military* Defendants Submitted Sham Bids for More than Five Years A federal grand jury in the Middle District of Florida returned an indictment, which was unsealed today, charging three Florida men with conspiring to rig (...)

The US District Court for the Eastern District of California in Sacramento receives a plea agreement from a former contract manager for his role in a bid-rigging and bribery scheme (Yong)
US Department of Justice (Washington)
United States 163 contributions 68584 visits
Former Caltrans Contract Manager Pleads Guilty to Bid Rigging and Bribery* First Guilty Plea in Ongoing Investigation at the California Department of Transportation (Caltrans) A former contract manager for the California Department of Transportation (Caltrans) pleaded guilty today for his (...)

The Portuguese Competition Authority approves outdoor advertising concessions by an advertising company subject to commitments (JCDecaux)
Portuguese Competition Authority (Lisbon)
Portugal 111 contributions 27497 visits
AdC decides not to oppose the exploration by JCDecaux of the outdoor advertising concession in Lisbon* The AdC has decided not to oppose the operation by JCDecaux of the outdoor advertising concession in Lisbon, after the company undertook commitments to prevent competition concerns that would (...)

The Slovak Competition Authority conducts an unannounced inspection at an undertaking operating in the sector of selling and repairing robotized workplaces
Slovak Competition Authority (Bratislava)
Slovakia 53 contributions 5152 visits
CARTELS: AMO SR conducted an unannounced inspection at an undertaking operating in the sector of selling and repairing robotized workplaces* Undertakings in the given sector might have concluded an agreement restricting competition. The Antimonopoly Office of the Slovak Republic, the Division (...)

The Spanish Competition Authority analyses the proposals from a professional football league to market audiovisual rights in the national and Asian markets (La Liga)
Spanish Competition Authority (CNMC) (Madrid)
Spain 127 contributions 28108 visits
The CNMC has analysed the proposals from La Liga to market certain broadcasting rights of the 1st and 2nd divisions in the national and Asian markets * The tender includes, among others, the rights to a free-to-air 1st division match, 2nd division and play-off rights, and broadcasting in (...)

The US FTC approves a final order prohibiting a professional association from fixing prices for appraisal services in Louisiana (Louisiana Real Estate Appraisers Board)
US Federal Trade Commission (FTC) (Washington)
United States 155 contributions 37911 visits
FTC Approves Final Order Prohibiting Louisiana Real Estate Appraisers Board from Fixing Prices for Appraisal Services in Louisiana * Following a public comment period, the Federal Trade Commission has approved a final order settling charges that the Louisiana Real Estate Appraisers Board (...)

The Turkish Competition Authority conducts hearing in relation to the investigation of three healthcare companies for antitrust infringements (Biopharma Logistics / Transorient / Tunaset Biofarma Lojistik)
Turkish Competition Authority (Ankara)
Turkey 25 contributions 2780 visits
Hearing for the investigation concerning Biopharma Logistics Uluslararası Taşımacılık Sanayi ve Ticaret A.Ş., Transorient Uluslararası Taşımacılık ve Ticaret A.Ş. and Tunaset Biofarma Lojistik Hizmetleri A.Ş. To be held on May 17, 2022 (12.4.2022) (20.4.2022)* The investigation conducted upon the claim (...)

The Latvian Competition Authority permits entrepreneurs to make joint purchases of raw materials due to disruptions from sanctions imposed on Russia and Belarus subject to the Authority’s clearance
Latvian Competition Council (Riga)
Latvia 117 contributions 22717 visits
The CC: Entrepreneurs may agree to jointly purchase raw materials in the event of a shortage of raw materials As a result of the Russian Federation’s military aggression supported by the Republic of Belarus and the associated sanctions imposed on these countries, businesses in several sectors (...)

The US DoJ updates its guidelines on leniency to include more generous terms for companies and individuals who cooperate
Morgan Lewis (Silicon Valley)
United States 11 contributions 1934 visits
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Morgan Lewis (Chicago)
United States 1 contribution 102 visits
The US Department of Justice (DOJ) Antitrust Division announced significant guidance updates to its leniency program on April 4, 2022. Under the program, companies that self-report antitrust conspiratorial activity to the government (and then fully cooperate with the government in its (...)

The Austrian Competition Authority applies for a fine of €62.35M to be imposed on a construction company by the cartel court for infringement of Austrian and EU antitrust rules (PORR Group)
Austrian Competition Authority (Vienna)
Austria 55 contributions 6090 visits
Construction cartel: PORR Group decision final* Following AFCA’s application the Cartel Court has now imposed a fine of EUR 62.35 million on PORR Group for breaching Austrian and EU antitrust rules. The decision is final. PORR AG and some of its subsidiaries (together referred to as “PORR (...)

The Polish Competition Authority issues decision on bid rigging during public tender process for greenery maintenance and passenger transport services and imposes penalty on liable bidders
Polish Competition Authority (Warsaw)
Poland 109 contributions 19928 visits
Bid rigging - two decisions of the President of UOKiK* Tomasz Chróstny, the President of UOKiK, issued two decisions on bid rigging, in which he imposed penalties totalling nearly PLN 330,000. Entrepreneurs tried to affect the outcome of procurement procedures for greenery maintenance in the (...)

Unilateral Practices

 The UK Competition Authority secures legally binding commitments from a manufacturer of six cancer drugs to maintain reduced prices for 10 years (Aspen)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
CMA helps NHS secure price and supply commitment for cancer drugs* The CMA has worked to ensure that pharmaceutical company Aspen’s commitments to reduce prices for life-saving cancer medicines can be enforced in the UK following its exit from the European Union. The European Commission opened (...)

The UK Competition Authority opens an investigation into the largest provider of information management systems to schools (Education Software Solutions)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
CMA to investigate ESS’s move to three-year contracts for schools* The CMA is investigating whether education software company ESS is abusing a dominant position to push schools into accepting a new 3-year contract. The investigation will assess concerns around a contract change made by (...)

The German Competition Authority issues a Statement of Objections against contractual clauses used in train mobility platforms as constituting an abuse of market power (Deutsche Bahn)
German Competition Authority (Bonn)
Germany 435 contributions 110425 visits
Fair competition for digital mobility services – Bundeskartellamt issues statement of objections against Deutsche Bahn due to possible hindrance of mobility platforms * The Bundeskartellamt has come to the preliminary conclusion that certain practices and contractual clauses used by Deutsche (...)

The Turkish Competition Authority concludes investigation for abuse of dominance by an online platform in the market for second-hand books (Nadirkitap Bilişim)
Turkish Competition Authority (Ankara)
Turkey 25 contributions 2780 visits
Investigation concerning Nadirkitap Bilişim ve Reklamcılık AŞ was concluded (12.4.2022) (15.4.2022)* The investigation conducted upon the claim that Nadirkitap Bilişim ve Reklamcılık AŞ, which carries out intermediation services in the market for online sales of second hand books via the website (...)

The Indian Competition Authority opens an investigation into two online food delivery platforms about whether they abuse their dominance in the market (Zomato / Bundl Technologies)
Khaitan (Mumbai)
India 5 contributions 987 visits
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Trilegal (Mumbai)
India 1 contribution 11 visits
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Khaitan (New Delhi)
India 1 contribution 11 visits
The conflict between online food delivery platforms and the National Restaurant Association of India (NRAI) is about to reach boiling point. The NRAI filed allegations of anticompetitive practices against the offending parties (OPs) – Bundl Technologies Private Limited (Swiggy) and Zomato (...)

Mergers

 The UK Competition Authority decides that a completed merger between two software providers may be anti-competitive and remedies will need to be offered or a phase II investigation will proceed (NEC / SSS)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
CMA finds competition concerns in merger of emergency service software suppliers* NEC Software Solutions’ purchase of SSS raises competition concerns in the supply of vital software to emergency services and transport customers. NEC and SSS are 2 of a small number of suppliers that supply (...)

The Irish Competition Authority issues assessment to joint venture parties in relation to payment service of a mobile phone company (Synch Mobile)
Irish Competition Authority (Dublin)
Ireland 93 contributions 14782 visits
CCPC issues assessment to a number of parties in relation to Synch mobile payment service* As part of its review process into the proposed transaction whereby a joint venture between Allied Irish Banks (AIB), the Governor and Company of the Bank of Ireland (BOI) and Permanent TSB P.L.C. (PTSB) (...)

The Belgian Competition Authority approves merger between two civil construction contractors (Bam Contractors / Désiré Stadsbader)
Belgian Competition Authority (Brussels)
Belgium 95 contributions 21365 visits
The Belgian Competition Authority approves the acquisition of BAM Contractors BV by Désiré Stadsbader NV* On 28 April 2022, the Belgian Competition Authority (BCA) approved the acquisition of BAM Contractors BV by Désiré Stadsbader NV. The concentration was notified on 7 April 2022. The (...)

The Irish Competition Authority clears acquisition of loans and assets of a commercial bank by another commercial bank (Allied Irish Banks / Ulster Bank)
Irish Competition Authority (Dublin)
Ireland 93 contributions 14782 visits
CCPC clears AIB acquisition of Ulster Bank commercial loans* The Competition and Consumer Protection Commission (CCPC) has cleared the proposed acquisition of certain assets of Ulster Bank Ireland DAC (Ulster Bank) by Allied Irish Banks p.l.c. (AIB) (the Proposed Acquisition). These assets (...)

The UK Competition Authority deems a merger between two veterinary firms as likely to be anti-competitive and gives the firm time to offer remedies or will proceed with a phase II investigation (VetPartners / Goddard)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
VetPartners’ purchase of Goddard raises competition concerns* VetPartners’ completed purchase of Goddard could now be referred for an in-depth investigation after the CMA found that the deal raises competition concerns. The Competition and Markets Authority (CMA) opened its investigation into (...)

The Australian Competition Authority raises competition concerns on the acquisition transaction between two hospitality and tourism companies (THL / Apollo)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78246 visits
THL’s proposed acquisition of Apollo raises preliminary competition concerns* The ACCC has outlined preliminary competition concerns with THL’s proposed acquisition of Apollo (ASX: ATL) in a statement of issues published today. THL and Apollo are tourism companies, headquartered in New Zealand (...)

The French Competition Authority clears a takeover transaction between two furniture distribution and retail companies on grounds of the failing firm exception (Mobilux / Conforama)
French Competition Authority (Paris)
France 727 contributions 380648 visits
Takeover of Conforama by the But Group: the Autorité identifies competitive risks but clears the transaction without commitment, in application of the failing firm exception* Background In July 2020, the Autorité cleared Mobilux (parent company of the But group) to acquire Conforama without (...)

The French Competition Authority unconditionally authorizes the acquisition of a furniture retailer by a furniture retail distribution company under the failing firm defence (Mobilux / Conforama)
White & Case (Brussels)
Belgium 25 contributions 16033 visits
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White & Case (Paris)
United States 8 contributions 3127 visits
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White & Case (Paris)
France 4 contributions 1480 visits
The French Competition Authority (’FCA’) has unconditionally authorized the acquisition of furniture retailer Conforama by Mobilux under the failing firm defence (’FFD’). Background On 8 July 2019, Mobilux group (’Mobilux’) announced its intention to acquire Conforama. Mobilux is the parent company (...)

The New Zealand Competition Authority asks interested parties to offer submissions on a proposed takeover of a company which leases recreational vehicles by a large Australian tourism company (THL / Apollo)
New Zealand Commerce Commission (Wellington)
New Zealand 149 contributions 21565 visits
Statement of Unresolved Issues issued for proposed THL/Apollo merger* The Commerce Commission has published a statement of unresolved issues relating to an application from THL Group (Australia) Pty Ltd, a subsidiary of Tourism Holdings Limited, seeking clearance to acquire 100% of the shares (...)

The French Competition Authority applies the "failing firm" defence for the first time (Mobilux / Conforama)
Cleary Gottlieb Steen & Hamilton (Brussels)
France 22 contributions 51894 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 29 contributions 31465 visits
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Cleary Gottlieb Steen & Hamilton (Paris)
France 11 contributions 18167 visits
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On April 28, 2022, the French Competition Authority (“FCA”) unconditionally cleared the acquisition of home furnishing retailer Conforama by Mobilux, the parent company of competitor But Group. The FCA applied the failing firm defense for the first time. Background On July 8, 2019, Mobilux (...)

The French Competition Authority approves a merger between two biomedical laboratories subject to commitments to not acquire any further interest in a particular region for the proceeding decade (Bio Pôle Antilles / Inovie)
French Competition Authority (Paris)
France 727 contributions 380648 visits
Medical pathology laboratories: the Autorité clears, subject to conditions, the takeover of the company Bio Pôle Antilles by the Inovie group For the first time, the Autorité de la concurrence considers that a non-controlling minority stake concomitant with an exclusive takeover is likely to harm (...)

The Danish Competition Authority approves the acquisition of an insurer by a rival with the resulting combination set to become the nation’s second largest insurer (Alm. Brand / Codan Forsikring)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 127 contributions 34979 visits
The Danish Competition Council approves Alm. Brand’s acquisition of Codan Forsikring* On April 27th 2022 the Danish Competition Council has approved Alm. Brand’s acquisition of the Danish activities of Codan Forsikring. Both Alm. Brand and Codan provide products and services within the field of (...)

The Austrian Competition Authority clears subject to remedies the merger between a dairy retail and a dairy distribution company (Salzburger Alpenmilch Genossenschaft / Gmundner Molkere)
Austrian Competition Authority (Vienna)
Austria 55 contributions 6090 visits
Merger of Salzburger Alpenmilch Genossenschaft eGen and Gmundner Molkerei eGen cleared subject to remedies in Phase I: Commitments with minimum guarantees for dairy farmers adopted* The Austrian Federal Competition Authority (“AFCA”) was notified of the planned merger of Salzburger Alpenmilch (...)

The Austrian Competition Authority accepts the merger decision of the cartel court in relation to the merger between two wholesale food businesses (Metro / AGM)
Austrian Competition Authority (Vienna)
Austria 55 contributions 6090 visits
METRO/AGM merger: Approved by Cartel Court with structural remedies* The merger concerns the acquisition of AGM by METRO and was notified to the Austrian Federal Competition Authority (“AFCA”) on 2 September 2021. The deadline for completion of the Phase I review and the filing of a request for (...)

The New Zealand Competition Authority receives a merger clearance application from an international fuel production company for the 100% acquisition of ownership interest of another fuel company in assets for the supply of jet fuel (Mobil / Z Energy)
New Zealand Commerce Commission (Wellington)
New Zealand 149 contributions 21565 visits
Mobil seeks clearance to increase ownership interest in two jet fuel joint ventures* The Commerce Commission has received two clearance applications from Mobil Oil New Zealand Limited to acquire up to 100% of Z Energy Limited’s ownership interest in two assets used to supply jet fuel at (...)

The French Competition Authority unconditionally clears the purchase of a downstream competitor in the mobile telecommunications market by a major national telecoms and media group (Coriolis / Altice France)
French Competition Authority (Paris)
France 727 contributions 380648 visits
The Autorité clears the acquisition of Coriolis by Altice France* Altice, a French group active in the telecommunications sector, notified the Autorité de la Concurrence on 18 March 2022 of a plan to acquire Coriolis, also active in this sector. Parties to the transaction Altice France is a (...)

The French Competition Authority clears the acquisition of a global cash register solutions company by a rival (Bimédia / DL Software)
French Competition Authority (Paris)
France 727 contributions 380648 visits
The Autorité clears the acquisition of Bimédia by DL Software, which controls Devlyx*Background After examining Bimédia’s acquisition transaction by the DL Software group, which owns Devlyx, the Autorité cleared the transaction without conditions, considering that it was not likely to harm (...)

The UK Competition Authority finds that a merger could increase operating costs for oil and gas producers in the North Sea (Noble / Maersk)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
Offshore drilling merger raises competition concerns* The CMA has found that the merger of Noble and Maersk Drilling could increase operating costs for oil and gas producers in the UK North Sea. In February, the Competition and Markets Authority (CMA) opened an investigation into the (...)

The Irish Competition Authority announces phase II investigation of proposed acquisition transaction between a healthcare services provider and a pharmaceutical solutions business (NaviCorp / Uniphar)
Irish Competition Authority (Dublin)
Ireland 93 contributions 14782 visits
CCPC to carry out a Phase 2 investigation of proposed acquisition of NaviCorp Limited by Uniphar Plc* The Competition and Consumer Protection Commission (CCPC) has decided to carry out a full Phase 2 investigation into the proposed acquisition of pharmacy solutions business, NaviCorp Limited, (...)

The EU Commission Executive Vice-President Vestager comments on the decision by Europe’s two largest producers of insulating panels to drop their proposed merger following a Statement of Objections (Kingspan / Trimo)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
Statement by Executive Vice-President Vestager on the decision by Kingspan and European Architectural Systems to abandon the proposed transaction involving the purchase of Trimo* The European Commission takes note of the decision by Kingspan and European Architectural Systems (i.e. the parent (...)

The Spanish Competition Authority imposes gun jumping fines on two funeral service providers for failure to notify transactions meeting the market share threshold (Albia / Funespaña)
Clifford Chance (Madrid)
Spain 1 contribution 43 visits
Companies should be cautious and carry out reasonable assessments prior to disregarding the need to notify a transaction based on the Spanish market share threshold Concentrations of business operations leading to a market share of 30% or more (or of 50% or more where the target’s Spanish (...)

The US FTC requires two companies to sell off three facilities amid concerns that the deal would increase concentration in the North American market for porcelain enamel frit (Prince / Ferro)
US Federal Trade Commission (FTC) (Washington)
United States 155 contributions 37911 visits
FTC Requires Prince and Ferro to Sell Off Three Facilities amid Concerns that Deal would Increase Concentration in North American Market for Porcelain Enamel Frit* Absent a Remedy, the Merger Would Also Likely Harm Competition in Markets for Forehearth Colorants and Glass Enamel The Federal (...)

The Spanish Competition Authority initiates three sanctioning proceedings against two funeral home companies for breach of the duty to notify the commission of mergers and acquisitions before execution (Albia / Funespana)
Spanish Competition Authority (CNMC) (Madrid)
Spain 127 contributions 28108 visits
The CNMC initiates three sanctioning proceedings for breach of the duty to notify mergers or acquisitions before executing them* The sanctioning proceedings affect Albia Gestión de Servicios, S.L.U. (a subsidiary of the Santa Lucía group), which acquired exclusive control of the funeral homes (...)

The UK Government publishes its response to the consultation proposing a wide range of far-reaching changes to the competition and consumer protection regimes
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8571 visits
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Herbert Smith Freehills (London)
United Kingdom 23 contributions 8017 visits
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Herbert Smith Freehills (London)
United Kingdom 56 contributions 20013 visits
On 20 April 2022 the UK government published its response to the consultation launched in July 2021, proposing a wide range of far-reaching changes to the UK competition and consumer protection regimes (see our blog post on the consultation here). Taking into account the feedback received from (...)

The UK Government announces a series of reforms for strengthening the UK Competition regime
Hogan Lovells (London)
United Kingdom 13 contributions 4332 visits
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Hogan Lovells (London)
United Kingdom 19 contributions 11469 visits
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Associated British Foods (London)
United Kingdom 2 contributions 436 visits
The UK Government recently announced a series of reforms for strengthening the UK competition regime, including measures that will increase penalties for non-compliance, speed up antitrust investigations and permit better scrutiny of certain mergers – in particular, ‘killer acquisitions’ (...)

The UK Government publishes the outcome of a consultation on reforming competition and consumer policy which is expand the Competition Authority’s merger control powers
Shearman & Sterling (London)
United Kingdom 29 contributions 13495 visits
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Shearman & Sterling (London)
United Kingdom 22 contributions 13463 visits
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Shearman & Sterling (Washington)
United States 15 contributions 4558 visits
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The U.K. Competition and Markets Authority (CMA) is expected to be granted wider jurisdictional powers for merger control enforcement in legislative proposals mentioned in today’s Queen’s Speech. The powers derive from the outcome of a consultation on reforming competition and consumer policy (...)

The UK Competition Authority proposes reforms for widening of UK merger control
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 9 contributions 1522 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 4 contributions 362 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 488 visits
The UK Government’s responses to its consultations on ‘Reforming competition and consumer policy’ (April 2022) and ‘A new pro-competitive regime for digital markets’ (May 2022) included three proposals to amend or add jurisdictional or reporting criteria for the UK merger control regime. These would (...)

The UK Department of Business, Energy & Industrial Strategy publishes a response to its consultation setting out plans to introduce significant reforms to national competition and consumer law
Ashurst (London)
United Kingdom 34 contributions 16543 visits
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Ashurst (London)
United Kingdom 13 contributions 3808 visits
On 20 April 2022, the Department for Business, Energy & Industrial Strategy (’BEIS’) published a response to its July 2021 consultation ’Reforming competition and consumer policy – Driving growth and delivering competitive markets that work for consumers’ setting out its plan to introduce (...)

The US FTC imposes conditions on a pharma merger to preserve competition for development and marketing of steroid injectable drug (Hikma Pharmaceuticals / Custopharm)
US Federal Trade Commission (FTC) (Washington)
United States 155 contributions 37911 visits
Federal Trade Commission Preserves Competition for Development and Marketing of Steroid Injectable Drug* Absent a Remedy, Acquisition Likely Would Lead to Significant Price Increases for Patients who Need Injectable TCA to Treat Severe Skin Conditions, Allergies and Inflammation The Federal (...)

The Hellenic Competition Authority examines proposed remedies for a paused merger in the supermarket sector (Elomas)
Hellenic Competition Commission (Athens)
Greece 115 contributions 15849 visits
Examination of the commitments proposal by the super market buying alliance ELOMAS* Subject: Examination by the Hellenic Competition Commission of a commitments proposal by the super market buying alliance ELOMAS (Greek Super Market Buying Alliance) under Articles 1 Law 3959/2011 and 101 of (...)

The Hellenic Competition Authority clears a merger between the card processing units of two financial institutions based on compatibility with the requirements of competition in payment-related markets (Eurobank / Worldline)
Hellenic Competition Commission (Athens)
Greece 115 contributions 15849 visits
Clearance of the proposed acquisition of sole control, over the Merchant Acquiring Business Unit of Eurobank SA by "Worldline SA".* Subject: Approval of the notification of acquisition of sole control, by Worldline on the Merchant Acquiring Business Unit of Eurobank SA according to article 6 (...)

The Canadian Competition Authority reaches an agreement with a solid waste and environmental solutions company on sustaining competition in the industrial waste and oil recycling market following its acquisition of a major competitor (GFL Environmental / Terrapure Environmental)
Canadian Competition Bureau (Gatineau)
Canada 65 contributions 9254 visits
Competition Bureau reaches agreement with GFL to preserve competition for industrial waste and oil recycling services in western Canada* The Competition Bureau announced today that it has reached an agreement with GFL Environmental Inc. to resolve litigation related to its purchase of (...)

The German Competition Authority closes in-depth preliminary investigation and clears a purchasing agreement between hypermarket acquirers and supermarket chain (Real / Dr Tischendorf / REWE)
German Competition Authority (Bonn)
Germany 435 contributions 110425 visits
No proceeding initiated on account of purchasing agreement for further operation of 63 “real” stores* Following an in-depth preliminary examination, the Bundeskartellamt has decided not to initiate a proceeding under competition law on account of a planned purchasing cooperation between the (...)

The Dutch Competition Authority decides that further investigation is needed for the acquisition of a waste-management company (AEB / AVR)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33291 visits
Further investigation needed into acquisition of waste-management company AEB by AVR* The Netherlands Authority for Consumers and Markets (ACM) has decided that a further investigation is needed into the acquisition of waste-management company Afval Energie Bedrijf Amsterdam (AEB) by rival (...)

The French Competition Authority fines a company for gun-jumping in a case relating to a progressive takeover and de facto control in the spirit market (Cofepp / Marie Brizard Wine & Spirits)
White & Case (Paris)
France 1 contribution 305 visits
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White & Case (Paris)
United States 8 contributions 3127 visits
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White & Case (Brussels)
Belgium 25 contributions 16033 visits
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On 12 April 2022, the FCA fined the Compagnie Financière Européenne de Prises de Participation ("COFEPP") EUR 7 million for both (i) failure to notify its merger with Marie Brizard Wine & Spirits ("MBWS") and (ii) completion of the merger prior to the FCA’s approval. The FCA launched the (...)

The French Competition Authority fines a company for an acquisition of control without prior notification of the transaction and without waiting for a clearance decision in the market of spirits (Cofepp / Marie Brizard Wine & Spirits)
French Competition Authority (Paris)
France 727 contributions 380648 visits
The Autorité fines Cofepp for acquiring control of MBWS without prior notification of the transaction and without waiting for its decision* Background The Autorité de la concurrence has fined Cofepp (Poliakov, Label 5, Cruz, Saint James, Old Nick, etc.) for acquiring control of Marie Brizard (...)

The French Competition Authority fines a wine and spirits company €7 million for gun jumping (Cofepp / Marie Brizard Wine & Spirits)
McDermott Will & Emery (Paris)
France 21 contributions 3540 visits
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McDermott Will & Emery (Paris)
France 20 contributions 6282 visits
By a decision dated 12 April 2022, the French Competition Authority (FCA) fined the Compagnie Financière Européenne de Prises de Participation (“Cofepp”) up to 7 million euros, for having closed the takeover of the company Marie Brizard Wine & Spirits (i) without first notifying the operation (...)

The French Competition Authority fines a wine and spirits company €7 million for gun jumping (Cofepp / Marie Brizard Wine & Spirits)
Ashurst (Paris)
France 390 contributions 449013 visits
On 12 April 2022, the French Competition Authority (’FCA’) issued a 7 million euro fine to Cofepp for the acquisition of control over Marie Brizard Wine & Spirits (’MBWS’) before notifying the concentration to the FCA (failure to notify) and a fortiori without waiting for the FCA’s clearance (...)

The Italian Competition Authority revokes the remedies imposed upon the incumbent pay-TV operator in relation to acquisition of its main competitor’s pay-TV business due to market changes during COVID -19 (Sky / R2)
Portolano Cavallo (Milan)
Italy 61 contributions 8977 visits
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Portolano Cavallo (Milan)
Italy 33 contributions 6109 visits
On April 12, 2022, the Italian Competition Authority (the AGCM or “ICA”), following a formal investigation for the review of remedies imposed upon a concentration, revoked the measures that it had imposed on SKY Italian Holding SpA (“SKY”)—the leading pay-TV broadcaster in Italy—to offset the (...)

The EU Commission approves an acquisition between two leading global aerospace component suppliers, subject to conditions (Parker / Meggitt)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
Mergers: Commission approves Parker’s acquisition of Meggitt, subject to conditions * The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Meggitt by Parker. The approval is conditional on full compliance with commitments offered by Parker. (...)

The Irish Competition Authority announces phase II investigation of proposed acquisition transaction between two super market chains (Tesco / Joyce)
Irish Competition Authority (Dublin)
Ireland 93 contributions 14782 visits
CCPC to carry out a Phase 2 investigation of proposed acquisition of Joyce’s Supermarkets by Tesco Ireland* The Competition and Consumer Protection Commission (CCPC) has decided to carry out a full Phase 2 investigation into the proposed acquisition by Tesco Ireland Limited of sole control of (...)

The Slovak Competition Authority initiates an administrative proceeding over a merger between sportswear brands (BDS Sport Group / A3 Sport / SR)
Slovak Competition Authority (Bratislava)
Slovakia 53 contributions 5152 visits
MERGERS: AMO SR initiated an administrative proceeding in the matter of merger of undertakings BDS SPORT GROUP Ltd., Cyprus, A3 SPORT, s.r.o., SR and A3 SPORT, s.r.o., CR* According to a notification, the merger is grounded in the acquisition of direct exclusive control of undertaking BDS (...)

The EU Commission opens an in-depth investigation into a proposed acquisition in the market for wood-based panels (Pfleiderer Polska / Kronospan)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
Mergers: Commission opens in-depth investigation into proposed acquisition of Pfleiderer Polska by Kronospan* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Pfleiderer Polska by Kronospan, under the EU Merger Regulation. The Commission is (...)

The Belgian Competition Authority approves the acquisition of an insulation manufacturer by an investment company (Recticel / Baltisse)
Belgian Competition Authority (Brussels)
Belgium 95 contributions 21365 visits
The Belgian Competition Authority approves the acquisition of control of Recticel PLC by Baltisse PLC* On 5 April 2022, the Investigation Service of the Belgian Competition Authority (BCA) approved the acquisition of control of Recticel by Baltisse. The concentration was notified on March 16, (...)

The Ukrainian Competition Authority publishes Guidance on its approach to merger control whilst martial law is in force across the country
Arzinger (Kiev)
Ukraine 4 contributions 855 visits
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E+H Attorneys-at-Law (Vienna)
2 contributions 129 visits
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Arzinger (Kiev)
Ukraine 1 contribution 69 visits
Merger Control Regime During Martial Law in Ukraine: Current Status* On 24 February 2022, the Parliament of Ukraine, in connection with the large-scale military aggression of the Russian Federation against Ukraine, approved a decree of the President of Ukraine on the imposition of martial law (...)

State Aid

 The UK Government adapts the national subsidy control regime by passing the Subsidy Control Act 2022
Herbert Smith Freehills (London)
United Kingdom 9 contributions 1484 visits
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Herbert Smith Freehills (London)
United Kingdom 13 contributions 5225 visits
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Herbert Smith Freehills (London)
United Kingdom 3 contributions 595 visits
On 28 April 2022, the UK’s Subsidy Control Bill received Royal Assent, becoming the Subsidy Control Act 2022 (the “Act”). Although the UK’s domestic subsidy control regime now has a statutory footing, most of the Act has not yet entered into force, meaning that the interim regime based on the (...)

The EU Commission approves €169 million Spanish scheme to support milk producers in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
State aid: Commission approves €169 million Spanish scheme to support milk producers in context of Russia’s invasion of Ukraine* The European Commission has approved a €169 million Spanish scheme to support the milk producers sector in the context of Russia’s invasion of Ukraine. The scheme was (...)

The EU General Court declares that the Commission must open a formal procedure not only when it has doubts about the existence of aid and/or the compatibility of aid, but also about whether the aid is existing or new (Petra Flašker)
Maastricht University
Belgium 338 contributions 58561 visits
The Standard of Proof in State Aid Complaints and the “Informational Disadvantage” of Complainants* The Commission must use its investigative powers to seek clarification from Member States in order for it to establish whether a measure constitutes State aid, or is compatible aid, or is existing (...)

The EU Commission approves a €700M French scheme to support research, development and innovation projects by companies of all sizes and across all sectors
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
State aid: Commission approves €700 million French scheme to support research, development and innovation projects across all sectors* The European Commission has approved, under EU State aid rules, a €700 million French scheme to support research, development and innovation projects by (...)

The EU Commission approves an €18M Irish support scheme to support the road haulage sector in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
State aid: Commission approves €18 million Irish scheme to support the road haulage sector in the context of Russia’s invasion of Ukraine* The European Commission has approved an €18 million Irish scheme to support the road haulage sector in the context of Russia’s invasion of Ukraine. The scheme (...)

The EU Commission approves €130 million Lithuanian scheme to support companies affected by China’s discriminatory trade restrictions
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
State aid: Commission approves €130 million Lithuanian scheme to support companies affected by discriminatory trade restrictions* The European Commission has approved, under EU State aid rules, a €130 million Lithuanian scheme to support and facilitate access to finance by companies affected by (...)

The EU Commission approves €2 billion Italian scheme under the recovery and resilience facility to support roll out of 5G mobile networks
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
State aid: Commission approves €2 billion Italian scheme under the Recovery and Resilience Facility to support roll out of 5G mobile networks* The European Commission has approved, under EU State aid rules, a €2 billion Italian scheme made available through the Recovery and Resilience Facility (...)

The EU Commission approves a €7 billion French scheme to support investment towards a sustainable recovery
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
State aid: Commission approves €7 billion French scheme to support investment towards a sustainable recovery* The European Commission has approved a €7 billion French scheme aimed at providing investment support towards a sustainable recovery. The scheme was approved under the State aid (...)

The EU Commission approves a €836 million Polish scheme to support the agricultural sector in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
State aid: Commission approves €836 million Polish scheme to support agricultural sector in context of Russia’s invasion of Ukraine* The European Commission has approved a €836 million (PLN 3.9 billion) Polish scheme to support the agricultural sector in the context of Russia’s invasion of (...)

The EU Commission approves €20B German scheme to support companies in context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
State aid: Commission approves €20 billion German scheme to support companies in context of Russia’s invasion of Ukraine* The European Commission has approved an up to €20 billion German scheme to support companies active in all sectors in the context of Russia’s invasion of Ukraine. The scheme (...)

The EU Commission approves a €250M Portuguese measure to facilitate access to finance for small and medium enterprises affected by the COVID-19 pandemic (Banco Português de Fomento) Free
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
State aid: Commission approves €250 million Portuguese measure under the Recovery and Resilience Facility to further capitalise Banco Português de Fomento* The European Commission approved, under EU State aid rules, a €250 million Portuguese aid measure, made available through the Recovery and (...)

The EU Council announces its fifth round of sanctions on Russia following aggression in Ukraine, including a prohibition on State aid to firms where there is at least 50% Russian public ownership and the firm continues to operate in Russia
DalDeWolf (Brussels)
Belgium 1 contribution 805 visits
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Arendt & Medernach (Luxembourg)
Luxembourg 55 contributions 108777 visits
Restrictive measures against individuals The Council adopted restrictive measures against an additional 217 individuals. These include Russian high-net-worth individuals, high-ranking Kremlin officials, individuals responsible for disinformation and information manipulation, as well as family (...)

The EU General Court issues a decision which finds that Member States must recover of their own initiative illegally granted aid (KW and SG)
Maastricht University
Belgium 338 contributions 58561 visits
Member States Must Recover of their Own Initiative Illegally Granted Aid* Aid granted illegal must be recovered by the granting authority without any need for a prior Commission decision ordering recovery. The amount of recovered aid may be limited to that which is in excess of what is (...)

The EU Commission approves a French liquidity scheme to support companies in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
State aid: Commission approves French liquidity scheme to support companies in context of Russia’s invasion of Ukraine* The European Commission has approved a French scheme that enables up to €155 billion in liquidity support for companies across all sectors in the context of Russia’s invasion (...)

Procedures

 The Ankara 2nd Administrative Court stays the execution of the Competition Authority’s decision to fine an online marketplace for obstructing a dawn raid (Sahibinden)
ACTECON (Istanbul)
Turkey 9 contributions 1768 visits
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ACTECON (Istanbul)
Turkey 3 contributions 629 visits
Introduction As is well known, the Turkish Competition Authority (“TCA”) is authorized to examine all data and documents on electronic platforms and information systems during the on-site inspections pursuant to the amendment dated 16.06.2020 on Article 15 of Law No. 4054 on the Protection of (...)

The Ankara 2nd Administrative Court stays the imposition of a substantial fine for obstructing a dawn raid by deleting WhatsApp messages because the messages remained retrievable through other employees and were not relevant to the investigation (Sahibinden)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 163 contributions 75516 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 1019 visits
This case summary includes an analysis of the Ankara 2nd Administrative Court’s (“the Court of First Instance”) Sahibinden SoE decision (E. 2022/254, 15.04.2022) in which the Court of First Instance stays of execution of the Board’s decision where the Board imposed an administrative monetary fine (...)

The US Court of Appeals for the Ninth Circuit, sitting en banc, declares that a class can be certified without considering whether there are more than a de minimis number of uninjured class members (Olean Wholesale Grocery / Bumble Bee Foods)
Hausfeld (San Francisco)
United States 3 contributions 308 visits
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Baker McKenzie (Washington)
United States 1 contribution 204 visits
Rule 23(b)(3) of the Federal Rules of Civil Procedure has been the basic mechanism for antitrust classes to obtain monetary damages. This is because antitrust violations usually meet the requirement of issues predominantly common to all class members. For more than a decade now, however, courts (...)

Regulatory

 The UK Competition Authority publishes its annual concurrency report outlining inter-agency cooperation throughout the year
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
Regulators promote competition across sectors in 2021 to 2022* The CMA’s Annual Concurrency Report shows how competition authorities have helped deliver benefits to households in 2021 to 2022 in the regulated sectors. Competition law in the UK is enforced by the Competition and Markets (...)

The Dutch Competition Authority imposes orders on pilgrimage travel service providers which mandate provision of travel guarantee measures to pilgrimage customers (Alferdoos / Amlex Travel / Elfourssan Reizen / Salsabil Travel / Taoufik Reizen / Wadi Alrafidein)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33291 visits
Providers of pilgrimage packages have stopped selling them or have taken travel guarantee measures following ACM action* Six providers of pilgrimage packages that the Netherlands Authority for Consumers and Markets (ACM) had previously compelled to take the necessary travel guarantee measures (...)

The UK Parliament revamps antitrust rules with broader jurisdictional reach, tougher penalties and more flexible procedure for merger control
Skadden, Arps, Slate, Meagher & Flom (Brussels)
United Kingdom 57 contributions 23873 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 22 contributions 5992 visits
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Université Catholique de Lille
Belgium 37 contributions 11968 visits
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On April 20, 2022, the U.K. government announced amendments to the U.K. competition and consumer law regimes. Changes to merger control include: Expanded conditions for killer acquisitions, which will eliminate the need for a U.K. overlap in acquirer and target activities intended to cover (...)

The UK Department for Business, Energy and Industrial Strategy receives the UK Government’s response on its consultation on competition law reform which looks to hand new powers to the Competition Authority enabling tougher enforcement of consumer law and the ability to impose significant fines
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 9 contributions 1522 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 4 contributions 362 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 488 visits
The UK Government’s response to its consultations on ‘Reforming competition and consumer policy’ (April 2022) confirmed the Government’s proposals to give the Competition and Markets Authority (CMA) enhanced consumer law enforcement powers. With its new powers, the CMA will be able, for the first (...)

The Dutch Competition Authority accepts the commitments made by a telecom operator and a fiber-optic company to lower tariffs for competitors to access their networks (KPN / Glaspoort)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33291 visits
ACM anticipates savings for Dutch households of up to 200 million euros per year because of fiber-optic arrangements* The Netherlands Authority for Consumers and Markets (ACM) has published a draft decision following recent proposals from Dutch telecom operator KPN and fiber-optic company (...)

The EU Commission publishes guidance indicating Russian and Belarusian investments are a potential threat to EU security and public order
Van Bael & Bellis (Brussels)
Belgium 28 contributions 3681 visits
On 6 April 2022, the European Commission published its Guidance to the Member States concerning foreign direct investment from Russia and Belarus in view of the military aggression against Ukraine and the restrictive measures laid down in recent Council Regulations on sanctions (“Guidance”). The (...)

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