August 2020

General antitrust

The Australian Competition Authority opens market inquiry into bargaining power in supply chains for perishable agricultural products
Australian Competition and Consumer Commission (Canberra)
New inquiry to focus on perishable agricultural supply chains* The ACCC will today commence a new three-month inquiry into bargaining power in supply chains for perishable agricultural products in Australia. The inquiry, initiated by the Treasurer Josh Frydenberg and the Agriculture Minister (...)

The US DoJ Assistant Attorney General announces re-organization of the Antitrust Division’s civil enforcement program
US Department of Justice - Antitrust Division (Washington)
Assistant Attorney General Makan Delrahim Announces Re-Organization of the Antitrust Division’s Civil Enforcement Program* Changes Will Allow for More Vigilant Enforcement, Deeper Expertise in Technology Trends The Department of Justice’s Antitrust Division announced today that it is creating (...)

The Canadian Competition Authority launches toolkit to help policymakers strengthen competition in Canada’s economy
Canadian Competition Bureau (Gatineau)
Competition Bureau launches toolkit to help policymakers strengthen competition in Canada’s economy* Competitive markets are more important than ever to Canada’s economic prosperity The Competition Bureau released a toolkit today to help policymakers across the country promote competition in (...)

The Turkish Competition Authority launches a sector inquiry into the e-marketplace platforms
Turkish Competition Authority (Ankara)
Competition Board launched a Sector Inquiry concerning E-Marketplace Platforms (11.8.2020)* According to the Competition Board decision dated 11.06.2020 and numbered 20-28/353-M, a sector inquiry concerning e-marketplace platforms has been launched. E-marketplace platforms are among important (...)

Anticompetitive practices

The Russian Competition Authority finds two companies active in the coal and steel industry to have entered into a cartel agreement on the exchange trading of petroleum products (Solid-Commodity Markets / A-Oil)
Russian Federal Antimonopoly Service (Moscow)
Russia’s First Antimonopoly Cartel Case On The Stock Exchange* Solid-Commodity Markets JSC and A-OIL LLC were found guilty of entering into a cartel agreement on the exchange trading of petroleum products in 2018 The significance of the case for antimonopoly and judicial practice was presented (...)

The Polish Competition Authority imposes penalties on producers of feed for breeding animals for engaging in market sharing and concluding restricting agreements (Polmass / Ekoplon)
Polish Competition Authority (Warsaw)
President of UOKiK has imposed penalties of more than PLN 17 million for market division scheme* Producers of feed for breeding animals – Polmass and Ekoplon – have concluded competition-restricting agreements. They shared two markets, thus limiting customers in their free selection of products. (...)

The Russian Competition Authority finds that six companies engaged in a cartel by setting and maintaining high prices in the market of orthopaedic products (Trives Trade / MedExpert / Optomed / Maltri / Orto)
Russian Federal Antimonopoly Service (Moscow)
Fas Russia Found Cartel In The Market Of Orthopedic Products* By entering into anticompetitive agreement, six companies wholesaling orthopedic products set and maintained the highest price of products sold The FAS Russia found Trives Trade LLC, MedExpert LLC, Optomed LLC, Maltri LLC, ORTO LLC (...)

The Russian Competition Authority reveals a cartel in the market for the provision of services for the repair of radiological equipment for the needs of healthcare institutions (Sibmer / Radiatsionnaya Tekhnika)
Russian Federal Antimonopoly Service (Moscow)
The Second Episode Of Large Cartel In The Market Of Radiological Equipment Was Revealed* Novosibirsk Regional Office of the FAS Russia together with Rosfinmonitoring revealed a medical cartel in the Siberian Federal District at 89 auctions. The FAS Russia suspects its participants in another (...)

The US DoJ charges commercial flooring contractor with bid-rigging in an on-going investigation (Vortex Commercial Flooring)
US Department of Justice - Antitrust Division (Washington)
Commercial Flooring Contractor Agrees To Plead Guilty To Bid Rigging* Vortex Commercial Flooring Inc., a Chicago-area commercial flooring contractor, has been charged for its role in a long-running antitrust conspiracy to rig bids and fix prices for commercial flooring services and products (...)

The Australian Competition Authority allows 10 coal producers and minerals council to collectively bargain with the Port of Newcastle for the export of coal and other minerals (NSW Minerals Council / Port of Newcastle)
Australian Competition and Consumer Commission (Canberra)
Coal producers allowed to collectively bargain with Port of Newcastle Operations* The NSW Minerals Council and ten coal producers will be allowed to collectively negotiate the terms and conditions, including price, of access to the Port of Newcastle for the export of coal and other minerals, (...)

The Finnish Market Court imposes €50,000 penalty on hospital district for direct procurement that breaches the Act on Public Procurement and Concession Contracts (Helsinki and Uusimaa Hospital District)
Finnish Competition and Consumer Authority (Helsinki)
The Market Court imposes EUR 50,000 penalty payments in total on HUS for direct procurement that breaches the Act on Public Procurement and Concession Contracts* As per two separate proposals made by the Finnish Competition and Consumer Authority (FCCA), the Market Court has imposed a total (...)

The UK Supreme Court confirms that English courts may set the terms of global licences to portfolios of standard essential patents (Unwired Planet / Huawei)
Bristows (London)
,
Bristows (London)
English courts given green light to set terms of global FRAND licences* On 26 August 2020, the UK Supreme Court (UKSC) gave its eagerly awaited judgment in Unwired Planet v Huawei and Conversant v Huawei & ZTE. In a unanimous policy-driven decision, the Court dismissed the appeals brought (...)

The UK Supreme Court confirms that it is possible to set global FRAND rates and global licences to portfolios of standard essential patents (Unwired Planet / Huawei)
Baker Botts (Brussels)
,
Baker Botts (Brussels)
The U.K. Supreme Court’s 26 August ruling on standard-essential patents (SEPs) is the latest in a series of recent decisions that are likely to have a profound effect on FRAND license negotiations across the globe, in particular for the next generation 4G and 5G mobile telecommunication (...)

The UK Supreme Court hands down a judgement between a software and a telecommunication company, providing answers on questions concerning the English Courts’ approach to FRAND disputes (Unwired Planet / Huawei)
Hogan Lovells (London)
,
Hogan Lovells (London)
,
Hogan Lovells (London)
The UK Supreme Court has handed down its long-awaited judgment in the Unwired Planet v Huawei and Conversant v Huawei & ZTE proceedings ([2020] UKSC 37), providing answers on several key questions concerning the English Courts’ approach to FRAND disputes. In a unanimous judgment, the (...)

The Danish Competition Authority accepts commitments from a digital platform to remove a mandatory minimum hourly fee for regular cleaning services providers on the platform (Hilfr)
Bird & Bird (Copenhagen)
,
Bird & Bird (Copenhagen)
A Danish digital platform facilitating contact between providers of cleaning services and customers, www.hilfr.dk (‘Hilfr’), operated with a minimum hourly fee as a prerequisite for the providers to offer their services on the platform. The providers of cleaning services using Hilfr are divided (...)

The German Federal Court of Justice overrules the Higher Regional Court of Düsseldorf’s decision to terminate proceedings against a bid rigging cartel (Bid rigging cartel)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
On 25 August 2020, the German Federal Court of Justice (“FCJ”) overturned the decision of the Higher Regional Court of Düsseldorf to terminate proceedings against members of a bid-rigging cartel fined by the FCO in 2018. The FCJ ruled that the Higher Regional Court of Düsseldorf had erred in (...)

The US DoJ charges a seventh generic drug manufacturer in ongoing criminal price-fixing investigation (Teva Pharmaceuticals)
US Department of Justice - Antitrust Division (Washington)
Seventh Generic Drug Manufacturer Is Charged In Ongoing Criminal Antitrust Investigation* Consumers Were Allegedly Overcharged at Least $350 Million Teva Pharmaceuticals USA Inc. (Teva) has been charged with conspiring to fix prices, rig bids, and allocate customers for generic drugs, the (...)

The Australian Federal Court imposes a $2.9 million civil penalty to a health business for the sharing of patient personal information to private health insurance brokers and for publishing misleading patient reviews and ratings (HealthEngine)
Ashurst (Sydney)
On 20 August 2020, HealthEngine Pty Ltd ("HealthEngine") was ordered by the Federal Court of Australia to pay a AUD 2.9 million civil penalty for contraventions of the Australian Consumer Law ("ACL") between 30 April 2014 and 30 June 2018 related to reviews, ratings, referrals and sharing (...)

The Dutch Trade and Industry Appeals Tribunal lowers with 99% a fine imposed for cartel by the Competition Authority due to the COVID-19 pandemic Free
Bird & Bird (The Hague)
,
Bird & Bird (Amsterdam)
The Dutch Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven, “CBb”) reduced a fine imposed by the Dutch Authority for Consumers & Markets (“ACM”) on an unidentified undertaking with 99%, from €1 million to €10.000,-. The ACM asked the court to lower the fine, after (...)

The Mannheim Regional Court grants injunctive relief to a telecommunication provider and clarifies the application of FRAND in the supply chain (Daimler / Nokia)
Van Bael & Bellis (Brussels)
According to a press release of the Mannheim Regional Court of 18 August 2020 in the matter Nokia v Daimler, the Regional Court of Mannheim (the “Court”) ruled in favour of Nokia that Daimler had infringed Nokia’s patent and could not invoke a FRAND objection. The Court held that Daimler and a (...)

The Romanian Competition Authority launches for public debate the commitments proposed by 3 companies applying to use commercial rooms inside an international airport (Dnata Catering / Millenium Pro Design / CN Aeroporturi București)
Romanian Competition Council (Bucharest)
The Competition Council Launches for Public Debate the Commitments Proposed by Dnata Catering SRL, Millenium Pro Design SRL and CN „Aeroporturi București” SA* The Competition Council launches for public debate the commitments proposed by Dnata Catering SRL, Millennium Pro Design SRL and Compania (...)

The Hellenic Competition Authority carries out dawn raids on undertakings and conglomerates active in the ferry boat connections sectors
Hellenic Competition Authority (Athens)
Press Release: Dawn raids in the ferry boat connections sector* Subject: Dawn raids in the ferry boat connections sector The Hellenic Competition Commission, as part of its work in sensitive sectors of the economy, carried out dawn raids on undertakings and conglomerates which are active in (...)

The Hong Kong Competition Authority cautions participants in anti-COVID-19 subsidy programmes to comply with Competition Ordinance Free
Hong Kong Competition Commission
Competition Commission cautions participants in anti-epidemic subsidy programmes to comply with Competition Ordinance* The Competition Commission (Commission) has noticed recent media reports on businesses suspected of engaging in collusive practices when procuring and supplying goods and (...)

The Hellenic Competition Authority imposes a fine of €27,792 on a shipping company for non-compliance with previous commitments (Attica Group)
Hellenic Competition Authority (Athens)
Press Release: Review of compliance of the company “ATTICA GROUP”* Subject: Competition Commission Decision no. 702/2020 concerning the review of compliance of the company “ATTICA GROUP” with the commitments imposed by Decision no. 658/2018 The Competition Commission, as part of an ex officio (...)

The Mexican Competition Authority fines 11 companies and 14 individuals for colluding in public tenders for services of laboratory tests and blood banks (Selecciones Médicas / Vitalmex / Centrum / Impromed / Falcón ...)
Mexican Competition Authority (Mexico City)
COFECE fines companies and natural persons for colluding in tenders for services for laboratory tests and blood banks convened by IMSS and ISSSTE* The Board of Commissioners determined that 11 companies and 14 natural persons coordinated their bids or abstained from bidding in several tenders (...)

The Australian Competition Authority allows chicken processors to cooperate on Victorian chicken meat supply due to the COVID-19 pandemic (Ingham’s / Turosi / Hazeldene’s Chicken Farm / Australian Chicken Meat Federation) Free
Australian Competition and Consumer Commission (Canberra)
Processors authorised to cooperate on Victorian chicken meat supply* Ingham’s Group and other chicken processors will be allowed to work together to reduce the impact of the COVID-19 pandemic and associated Victorian stage 4 restrictions on the chicken meat industry, under an urgent interim (...)

The Polish Competition Authority issues a decision in a bid rigging case and confirms that companies transporting pupils were illegally influencing the results of public procurements (Jakubas)
Polish Competition Authority (Warsaw)
Bid rigging - decision of the President of UOKiK* President of UOKiK Tomasz Chróstny has issued his decision in a bid rigging case. The companies transporting the pupils were illegally influencing the results of public procurements - if their proposals were the most advantageous, then the (...)

The Latvian Supreme Court upholds the Competition Authority’s conclusion that a city council’s auction to lease its crematorium is groundlessly restrictive (Riga City Council / Rīgas kremācijas centrs – krematorija)
Konkurences padome (Riga)
A judgment of the Supreme Court confirms the conclusion of the Competition Council on competition restriction on the cremation market of Riga* Already in 2015 the Competition Council of The Republic of Latvia (the CC), after conducted sector inquiry, raised alarm concerning the disorganised (...)

The US District Court for the Southern District of New York terminates long-standing Paramount consent decrees, thereby allowing after 7 decades the classic movie studios to form closer agreements with movie distributors (Paramount Pictures)
US Department of Justice - Antitrust Division (Washington)
Federal Court Terminates Paramount Consent Decrees* A federal court in the Southern District of New York today terminated the Paramount Consent Decrees, which for over seventy years have regulated how certain movie studios distribute films to movie theatres. The review and termination of these (...)

Unilateral Practices

The Russian Competition Authority requires a Big Tech company to provide competitive conditions for mobile applications developers and to ensure that in-house apps do not take precedence over third-party apps (Apple)
Russian Federal Antimonopoly Service (Moscow)
The Federal Antimonopoly Service Of The Russian Federation Issued A Remedy To Apple Inc. To Eliminate The Violation* Competition Authority required the company to provide competitive conditions for mobile applications developers Let us recall that on August 10, 2020 the FAS Russia completed (...)

The German Competition Authority publishes as a result of its investigation a paper on the effects of narrow price parity clauses on sales of online hotel platforms (Booking)
German Competition Authority (Bonn)
The effects of narrow price parity clauses on online sales of online hotel platforms – Investigation results from the Bundeskartellamt’s Booking proceeding* The Bundeskartellamt has published a paper on “The effects of narrow price parity clauses on online sales - Investigation results from the (...)

The UK Supreme Court rules in a licence dispute between a software and a telecommunication company and clarifies the English Courts’ approach to FRAND royalty cases (Unwired Planet / Huawei)
Van Bael & Bellis (Brussels)
On 26 August 2020, the UK Supreme Court issued a judgment in a licence dispute involving Standard Essential Patents (“SEPs”) pitting Unwired Planet, a US based patent assertion entity, against Huawei, a Chinese telecommunications company that produces smartphones. Unwired Planet brought an (...)

The Romanian Competition Authority fines €2.5 million a pharmaceutical company for failure to observe commitments in an abuse of dominance probe (GlaxoSmithKline)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
The Romanian Competition Authority announced on 25 August 2020 that it imposed a fine of 11.9 million lei (approximately EUR 2.5 million) on GlaxoSmithKline (GSK) for its failure to observe in full commitments which it had given earlier to allow the competition authority to terminate an inquiry (...)

The Romanian Competition Authority fines pharmaceutical company for non-compliance with some of its commitments assumed during the investigation regarding possible abuse of dominant position (GlaxoSmithKline)
Romanian Competition Council (Bucharest)
The Competition Council Sanctioned Glaxosmithkline Srl With Fine of 11.9 Million Lei* The Competition Council sanctioned GlaxoSmithKline (GSK) SRL with fine of lei 11.9 million for non-compliance with some of its commitments assumed during the investigation regarding a possible abuse of (...)

The Mexican Competition Authority investigates possible relative monopolistic practices in the market for digital advertisement services and related services
Mexican Competition Authority (Mexico City)
COFECE investigates possible relative monopolistic practices in the market for digital advertisement services and related services* Mexico City, August 24, 2020.- The Investigative Authority of the Mexican Federal Economic Competition Commission (COFECE or Commission) published today in the (...)

The Indian Competition Authority clears mobile application from tying allegations (Harshita Chawla / Whatsapp)
Gujarat National Law University (Gandhinagar)
The Competition Commission of India (CCI), the country’s judicial authority for competition matters rendered decision in the case of Harshita Chawla v. WhatsApp Inc. and ors in August, 2020 wherein it inter-alia cleared the mobile messaging service, WhatsApp Inc. from allegations of abuse of (...)

The Polish Competition Authority initiates proceedings against the largest sugar producers in Poland for engaging in contractual advantages against farmers (Pfeifer / Langen)
Polish Competition Authority (Warsaw)
President of UOKiK presses charges against Pfeifer&Langen* President of UOKiK Tomasz Chróstny has initiated proceedings against Pfeifer & Langen Polska. The company may have been using its contractual advantage against farmers. The Office is also going to examine the practices of other (...)

The Canadian Competition Authority seeks input from market participants to inform an ongoing investigation of online shopping platform (Amazon)
Canadian Competition Bureau (Gatineau)
Competition Bureau seeks input from market participants to inform an ongoing investigation of Amazon* Bureau investigating whether Amazon’s conduct on Amazon.ca is impacting competition The Competition Bureau is inviting market participants to provide input to inform its civil investigation (...)

The Belgian Competition Authority publishes a royal decree which incorporates the ban on abuse of economic dependency into the code of economic law
Ashurst (Brussels)
Background A Royal Decree amending the Belgian Code of Economic Law with regard to the prohibition of abuses of economic dependence was published in the Official Journal of Belgium on 12 August 2020. This Royal decree confirms the competence of the Belgian Competition Authority ("BCA") to (...)

The US Court of Appeals for the Ninth Circuit reverses a ruling finding that a semiconductor company abuses its dominant position regarding its standard-essential patents (Qualcomm)
Cleary Gottlieb Steen & Hamilton (London)
,
Cleary Gottlieb Steen & Hamilton (Washington)
,
Cleary Gottlieb Steen & Hamilton (New York)
On August 11, 2020, a Ninth Circuit panel reversed the District Court for the Northern District of California’s judgment in FTC v. Qualcomm, Inc. The panel held that Qualcomm’s conduct—(a) refusing to license its standards essential patents (SEPs) to rival chipset manufacturers; (b) refusing to (...)

The US Court of Appeals for the Ninth Circuit rules that there is no antitrust violation in a multinational semiconductor company’s licensing of its standard-essential patents (Qualcomm)
Mintz Levin Cohn Ferris Glovsky and Popeo PC (Boston)
,
Mintz Levin Cohn Ferris Glovsky and Popeo PC (Washington)
,
Mintz Levin Cohn Ferris Glovsky and Popeo PC (New York)
Ninth Circuit Reverses FTC Win in FTC v. Qualcomm, Finding No Antitrust Violations from Qualcomm’s Licensing of its Standard-Essential Patents* In a reversal that came as no surprise to many observers, on Tuesday, August 11, 2020, a unanimous panel of the U.S. Court of Appeals for the Ninth (...)

The US Court of Appeals for the Ninth Circuit strikes down sweeping injunction against semiconductor company and reins in expansive interpretation of Sherman Act (Qualcomm)
Skadden, Arps, Slate, Meagher & Flom (New York)
,
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
,
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
On August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit decisively reversed the Federal Trade Commission’s (FTC or Commission) controversial district court win challenging Qualcomm’s licensing practices. In rejecting every aspect of the lower court’s decision, the Ninth Circuit panel (...)

The US Court of Appeals for the Ninth Circuit overturns a ruling finding that a semiconductor company’s licensing practice abused dominant position (Qualcomm)
Hogan Lovells (Washington)
,
Hogan Lovells (Washington)
,
Hogan Lovells (Washington)
On 11 August 2020, a panel of the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”), in a unanimous opinion by Judge Callahan, reversed the U.S. Federal Trade Commission’s (“FTC’s”) win in the district court against Qualcomm Inc. (“Qualcomm”) and upheld Qualcomm’s licensing practices, (...)

The Hellenic Competition Authority examines a complaint lodged by a company active in the energy sector against companies active in the mineral sector for abuse of dominance (Mytilineos / Imerys Voxites / Imerys Greece)
Hellenic Competition Authority (Athens)
Press Release: Examination of the complaint of the company MYTILINEOS S. A.* Subject: Examination of the complaint of the company MYTILINEOS S. A. - GROUP OF COMPANIES against the companies IMERYS VOXITES SA and IMERYS GREECE SA for possible violation of articles 2 of law 3959/2011 and 102 of (...)

The Icelandic Competition Authority fines telecom for commitment violations in the sale of English football on its linear pay-TV service (Síminn)
Icelandic Competition Authority
The Icelandic Competition Authority fines Síminn for commitment violations* The decision made by the Competition Authority (ICA) today states the conclusion that Síminn violated the conditions of the commitments that the company has entered into with ICA in recent years. The decision reveals (...)

The Italian Competition Authority opens investigation into excessive pricing and anticompetitive contractual conditions by a dominant ferry company (Caronte & Tourist)
Italian Competition Authority (Rome)
Antitrust: investigation launched against the ferry company Caronte & Tourist* The company is in a dominant position in passenger ferrying in the Strait of Messina The Autorità Garante della Concorrenza e del Mercato has launched an investigation against the company Caronte & Tourist (...)

The Australian Competition Authority takes action against online search engine in relation to allegations that it misled consumers about the collection and use of their personal information online (Google)
Bird & Bird (Sydney)
,
Bird & Bird (Sydney)
Australia’s competition and consumer regulator, the Australian Competition and Consumer Commission (ACCC), recently decided to take action against Google LLC (Google) in relation to allegations that it misled consumers about the collection and use of their personal information online, including, (...)

Mergers

The Delaware Chancery Court issues an opinion in litigation between two health-insurance giants over a failed merger and confirms that neither is entitled to damages (Anthem / Cigna)
Skadden, Arps, Slate, Meagher & Flom (New York)
,
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
,
Skadden, Arps, Slate, Meagher & Flom (New York)
On August 31, 2020, the Delaware Chancery Court issued an opinion in litigation between Anthem and Cigna related to the contract in their terminated merger. In its sprawling 306-page opinion, the court detailed a “corporate soap opera” in which the parties’ “battle for power spanned multiple acts.” (...)

The French Competition Authority prohibits merger in the food retail market (Soditroy / Association des Centres Distributeurs E. Leclerc / Géant Casino)
Van Bael & Bellis (Brussels)
On 28 August 2020, following an in-depth examination that was announced on 29 October 2019, the French Competition Authority (“FCA”) blocked the acquisition of joint control by Soditroy and Association des Centres Distributeurs E.Leclerc (“ACDLec”) of a Géant Casino hypermarket located in (...)

The French Competition Authority decides to block a merger transaction against the joint takeover of a local hypermarket by undertakings of a competing retail group (Géant Casino / ACDLec)
Bird & Bird (Paris)
,
Bird & Bird (Paris)
Nearly a month after issuing its new merger control guidelines, the French Competition Authority (FCA) broke new ground in merger control by issuing a blocking decision on 28 August 2020, against the joint takeover of a local hypermarket by undertakings of a competing retail group. The FCA (...)

The French Competition Authority prohibits a merger in the food retail market (Soditroy / Association des Centres Distributeurs E. Leclerc / Géant Casino)
Covington & Burling (Brussels)
,
Covington & Burling (Brussels)
The French Competition Authority (“FCA”) prohibited the proposed acquisition of the hypermarket retailer Géant Casino by its competitor E.Leclerc in the French city of Troyes. It found that the transaction would create a duopoly between the two remaining hypermarkets, Carrefour and E.Leclerc, (...)

The French Competition Authority issues its first dead-block and concludes that an acquisition of a hypermarket by two entities operating under the competing retailer raise too strong competition concerns (E.Leclerc-Géant / Casino)
Ashurst (Paris)
The French Competition Authority ("FCA") has concluded that the acquisition of the hypermarket Géant Casino, by two entities operating (directly or indirectly) under the competing retailer E. Leclerc, raised competition concerns at the local level, which could not be addressed through (...)

The Russian Competition Authority approves the conclusion of a joint venture agreement between a producer of heated tobacco and a producer of devices for their consumption (Philip Morris / KT&G)
Russian Federal Antimonopoly Service (Moscow)
The FAS Approved Trasaction In The Market Of Innovative Nicotine-containing Products* FAS approved conclusion of a joint venture agreement between Philip Morris products S.A. and Korean company KT&G Corporation The agreement concerns the joint sale of innovative nicotine-containing (...)

The French Competition Authority blocks a merger for the first time ever, due to absence of remedies capable of addressing the competition concerns identified (Soditroy / Association des Centres Distributeurs E. Leclerc / Géant Casino)
Autorité de la concurrence (Paris)
For the first time ever, the Autorité de la concurrence blocks a merger* Soditroy and the Association des Centres Distributeurs E. Leclerc were planning to acquire joint control of a Géant Casino hypermarket in the conurbation of Troyes. This merger raised serious competition concerns relating (...)

The Australian Competition Authority finds preliminary competition concerns with a proposed merger between 2 largest commercial laundry services providers in multiple geographic markets (South Pacific Laundry / Spotless Laundries)
Australian Competition and Consumer Commission (Canberra)
South Pacific Laundry’s proposed acquisition of Spotless Laundries raises preliminary competition concerns* The ACCC has identified potential competition concerns with South Pacific Laundry (SPL)’s proposed acquisition of Spotless Laundries, which is part of Spotless Group Holdings Limited. (...)

The German Competition Authority allows the leading national meat company to bring in house employment contracts it previously had externally with meat cutters through a personnel company as part of a wider change in the meat industry’s staffing due to COVID-19 (Tönnies / Lazar) Free
German Competition Authority (Bonn)
Tönnies can take over employment contracts concluded with Lazar GmbH* The Bundeskartellamt has cleared the acquisition of the assets of Lazar GmbH, Crailsheim, by Tönnies Holding, Rheda-Wiedenbrück. Tönnies is by far the leading company in the slaughter and meat industry in Germany. The Lazar (...)

The Norwegian Competition Authority imposes a fine for not disclosing acquisition of grocery store premises (Norgesgruppen)
Norwegian Competition Authority
Norgesgruppen is fined 20 million for not disclosing acquisition of grocery store premises* The Norwegian Competition Authority has today imposed a fine of 20 million NOK on Norgesgruppen for the infringement of disclosure requirements related to an acquisition of grocery store premises. On (...)

The Austrian Competition Authority approves a brewery merger subject to conditions (Fohrenburg / Brau Union)
Van Bael & Bellis (Brussels)
On 27 August 2020, the Austrian Federal Competition Authority (“FCA”) announced its conditional approval of the acquisition of 63% of the shares and sole control of the brewery company Fohrenburg Beteiligungs-Aktienge- sellschaft (“Fohrenburg”) by Austria’s largest brewery, Brau Union (...)

The Higher Regional Court of Düsseldorf dismisses an appeal brought by two producers of hydrodynamic slide bearings against a decision of the Competition Authority prohibiting them to create a joint venture (Miba / Zollern)
Van Bael & Bellis (Brussels)
On 26 August 2020, the Higher Regional Court of Düsseldorf (“the Court”) dismissed as inadmissible an appeal by Miba and Zollern, two producers of hydrodynamic slide bearings, against a January 2019 decision of the German Federal Cartel Office (“FCO”) prohibiting them from creating a joint venture (...)

The UK Competition Authority finds competition concerns in the transfer of assets between 2 leading construction companies (Cemex / Breedon)
United Kingdom’s Competition Authority - CMA (London)
Construction materials deal raises competition concerns* Breedon’s purchase of certain Cemex assets raises competition concerns in the supply of building materials in some parts of the UK, the CMA has found. Breedon Group plc (Breedon) and Cemex Investments Limited (Cemex) are 2 of the leading (...)

The UK Competition Authority fines an e-commerce platform for delayed compliance with document request after merger approval (Amazon / Deliveroo)
Van Bael & Bellis (Brussels)
On 8 September 2020, the UK’s Competition and Market Authority (“CMA”) issued a decision fining Amazon for failing to provide 189 documents by the deadline set by the CMA. The document request came during the CMA’s investigation of Amazon’s purchase of a 16% stake in the food-delivery company (...)

The US FTC approves final order imposing structural remedies on 2 casino companies’ merger (Eldorado Resorts / Caesars Entertainment)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Imposing Conditions on Casino Operators Eldorado Resorts, Inc. and Caesars Entertainment Corporation* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Eldorado’s $17.3 billion agreement to acquire Caesars (...)

The New Zealand Competition Authority receives clearance application from a packaging solutions business to acquire packaging assets of another plastics manufacturer (Pact Group / Flight Plastics)
New Zealand Commerce Commission
Pact Group seeks clearance to acquire packaging assets of Flight Plastics* The Commerce Commission has received a clearance application from Pact Group Holdings Limited (Pact) to acquire the assets and business of Flight Plastics Limited in New Zealand and the packaging-related assets of (...)

The New Zealand Competition Authority opens investigation into the completed acquisition of North Island animal rendering assets (Wallace / Glenninburg)
New Zealand Commerce Commission
Investigation opened into acquisition of Wallace’s North Island rendering assets* The Commerce Commission has opened an investigation into the acquisition of the North Island animal rendering assets of Wallace Group GP Limited (Wallace) by interests associated with Glenninburg Holdings Limited (...)

The Danish Competition Authority approves takeover of subsidiary and customer agreements as fulfillment of remedy required in merger of parent company in the natural gas market (OK / Ørsted Varmeservice)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has approved OK a.m.b.a.’s acquisition of natural gas customer agreements and Ørsted Varmeservice A/S* On 18 August 2020, the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of OK a.m.b.a.’s (hereinafter “OK”) (...)

The Finnish Competition Authority opens in-depth investigation into the acquisition of agricultural business (Hankkija / SSO Rauta-Maatalous)
Finnish Competition and Consumer Authority (Helsinki)
FCCA opens in-depth investigation into the acquisition between Hankkija and SSO Rauta-Maatalous* The Finnish Competition and Consumer Authority (FCCA) will further investigate the proposed acquisition of the agricultural business of SSO Rauta-Maatalous Oy by Hankkija Oy. Hankkija is company (...)

The Romanian Competition Authority analyses a merger in the market for animal feed and related markets (Koninklijke DSM / Erber)
Romanian Competition Council (Bucharest)
The Competition Council Analyses the Taking Over of Erber Aktiengesellschaft by Koninklijke DSM N.V.* The Competition Council analyses the transaction by which Koninklijke DSM N.V. and its subsidiary, DSM International Participations B.V., intends to take over Erber Aktiengesellschaft. (...)

The US FTC requires divestitures as condition of a merger in the markets for gasoline and diesel fuel (Arko Holdings / Empire Petroleum Partners)
US Federal Trade Commission (FTC) (Washington)
FTC Requires Divestitures as Condition of Arko Holdings Ltd.’s Acquisition of Empire Petroleum Partners, LLC* Arko Holdings Ltd. and Empire Petroleum Partners, LLC have agreed to divest retail fuel assets in local gasoline and diesel fuel markets across four states to settle Federal Trade (...)

The UK Competition Authority clears takeover of fintech start-up by global leader in electronic payments (Visa / Plaid)
United Kingdom’s Competition Authority - CMA (London)
Deal between Visa and Plaid given the go-ahead* The CMA has cleared Visa’s anticipated purchase of fintech start-up Plaid. The decision by the Competition and Markets Authority (CMA) follows a Phase 1 review in which it investigated several possible ways the deal could harm competition. Visa (...)

The Finnish Market Court extends due to COVID-19 the time limit for in-depth investigation of a merger between 2 health care companies (Mehiläinen / Pihlajalinna) Free
Finnish Competition and Consumer Authority (Helsinki)
The time limit for processing the merger of Mehiläinen and Pihlajalinna has been extended until 29 September 2020* The Market Court has extended the processing time limit for the merger of Mehiläinen and Pihlajalinna, which is being investigated by the Finnish Competition and Consumer Agency (...)

The Australian Competition Authority clears acquisition of 70% majority stake in a specialist retail supplier of tools and equipment by a competitor (Metcash / Total Tools)
Australian Competition and Consumer Commission (Canberra)
Metcash’s acquisition of Total Tools majority stake not opposed* The ACCC will not oppose Metcash Limited’s (ASX:MTS) acquisition of a 70 per cent majority interest in Total Tools Holdings, the franchisor of the Total Tools network. Metcash is a wholesaler and retailer of hardware and home (...)

The Australian Competition Authority clears merger of global rail businesses (Alstom / Bombardier)
Australian Competition and Consumer Commission (Canberra)
Alstom’s acquisition of Bombardier Transportation not opposed* The ACCC will not oppose Alstom SA’s (Alstom) acquisition of Bombardier Inc’s transportation business (Bombardier Transportation). Alstom and Bombardier Transportation are global rail businesses active in the Australian market. The (...)

The Romanian Competition Authority authorizes the transfer of some assets between 2 companies operating in the production and marketing of automotive and other spare parts (Delfingen Industry / Schlemmer Group)
Romanian Competition Council (Bucharest)
The Competition Council Authorized the Taking Over of Some Assets of Schlemmer Group by Delfingen Industry S.A.* The Competition Council authorized the transaction by which Delfingen Industry S.A. takes over some assets and shares of the Schlemmer Group. Delfingen Industry S.A. is based in (...)

The EU Commission approves acquisition of a payment solution provider’s account-to-account payment business by global payment card company, subject to conditions (Nets / Mastercard)
DG COMP (Brussels)
Mergers: Commission approves acquisition of Nets’ account-to-account payment business by Mastercard, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Nets’ account-to-account payment business by Mastercard. The decision is (...)

The New Zealand Competition Authority releases statement of preliminary issues for proposed merger of 3 egg producers (Heyden / Henergy / Rasmusens)
New Zealand Commerce Commission
Statement of Preliminary Issues released for proposed Heyden/Henergy/Rasmusens merger* The Commerce Commission has published a Statement of Preliminary Issues relating to an application from Heyden Farms Limited, Henergy Cage-Free Limited and Rasmusens Poultry Farms Limited, seeking clearance (...)

The US DoJ reaches settlement with new stricter conditions and fine for telecom company’s merger after finding violations of the original conditions (CenturyLink / Level 3 Communications)
US Department of Justice - Antitrust Division (Washington)
Justice Department Brings Enforcement Action Against Centurylink* In Significant Action, CenturyLink Agrees to Extend Term, Appoint Independent Monitor, and Reimburse Taxpayers for the Costs and Fees of the Violations The Department of Justice announced today that CenturyLink, Inc. has agreed (...)

The Finnish Market Court extends due to COVID-19 the time limit for in-depth investigation of a merger between 2 financial services companies (Loomis / Automatia) Free
Finnish Competition and Consumer Authority (Helsinki)
The time limit for processing the merger of Loomis and Automatia has been extended until 23 September 2020* The Market Court has extended the processing time limit for the merger between Loomis AB and Automatia Pankkiautomaatit Oy, currently under investigation by the Finnish Competition and (...)

The Dutch Competition Authority clears merger of rival educational institutions offering professional and vocational courses (LOI / NCOI)
Netherlands Authority for Consumers & Markets (The Hague)
ACM clears acquisition of Dutch educational institution LOI by rival institution NCOI* The acquisition of Dutch educational institution LOI by rival institution NCOI has been cleared. Both LOI and NCOI offer professional courses, as well as accredited vocational programs (predominantly (...)

The Romanian Competition Authority starts analyzing a takeover in the import of international cars (Trust Motors / Opel Automotive R)
Romanian Competition Council (Bucharest)
The Competition Council Analyses the Taking Over of Opel Automotive R Srl by Trust Motors* The Competition Council analyzes the transaction through which Trust Motors SRL intends to take over the company Opel Automotive R SRL. Trust Motors SRL is part of the group of companies owned by Mr. (...)

The US FTC approves final order imposing conditions on transfer of ownership between energy companies (Tri Star Energy / Hollingsworth Oil Company / C & H Properties / Ronald L. Hollingsworth)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Imposing Conditions on Tri Star Energy, LLC’s Acquisition of Certain Assets of Hollingsworth Oil Company, Inc., C & H Properties, and Ronald L. Hollingsworth* Following a public comment period, the Federal Trade Commission has approved a final order settling charges (...)

The Romanian Competition Authority launches for public debate the commitments proposed by banks intending to become joint shareholders of a provider of integrated cash management services (Société Générale / Raiffeisen Bank / Banca Comercială Română)
Romanian Competition Council (Bucharest)
The Competition Council Launches for Public Debate the Commitments Proposed by BRD, Raiffeisen and BCR* The Competition Council launches for public debate the commitment proposals formulated by BRD - Groupe Société Générale SA (BRD), Raiffeisen Bank SA and Banca Comercială Română (BCR) in order to (...)

The Hong Kong Competition Authority opens public consultations on commitments offered by 4 container terminal operators applying to form a joint venture (Hong Kong Seaport Alliance)
Hong Kong Competition Commission
Competition Commission consults on proposed commitments from Hong Kong Seaport Alliance* The Competition Commission (“Commission”) today commenced a consultation on proposed commitments offered under section 60 of the Competition Ordinance (“Ordinance”) by the Hong Kong Seaport Alliance (...)

The Israeli Competition Authority files an indictment against major film distributor and cinema company for breach of merger conditions committed under aggravating circumstances (Mooki Greidinger / Forum Film)
Israel Competition Authority (Jerusalem)
The Competition Authority has filed an indictment against Mooki Greidinger and Forum Film Ltd. for breach of merger conditions committed under aggravating circumstances* According to the Indictment, the defendants have systematically refused to supply movies to Lev Tel Aviv Cinema, a (...)

The Dutch Competition Authority conditionally clears acquisition of elderly care provider by rival (Vrijwaard / Omring)
Netherlands Authority for Consumers & Markets (The Hague)
ACM conditionally clears acquisition of elderly care provider Vrijwaard by rival provider Omring* The acquisition of elderly care provider Vrijwaard in the northern Dutch city of Den Helder by rival provider Omring has been conditionally cleared. One of the conditions set by the Netherlands (...)

The Mexican Competition Authority fines 2 merger cases for failure to notify a concentration (Santander / USB Americas) (KKR Rainbow Aggregator / Coty)
Mexican Competition Authority (Mexico City)
COFECE imposed fines in two cases for failure to notify a concentration: Santander and USB Americas; and KKR Rainbow Aggregator and Coty* COFECE fined diverse subsidiaries of Santander, Elavon and USB Americas a total of 2 million 172 thousand Mexican pesos because they modified the (...)

The Canadian Competition Authority conditionally clears merger of the nation’s largest distributors of pole line hardware and data communication products (WESCO International / Anixter International)
Canadian Competition Bureau (Gatineau)
Competition Bureau safeguards competition in markets essential to the delivery of electricity and internet to Canadians* Today, the Competition Bureau registered a consent agreement with the Competition Tribunal to address its concerns related to WESCO International Inc.’s $6.1B acquisition of (...)

The Australian Competition Authority clears merger of potato growing & packing businesses in South Australia (Mitolo / Thomas Foods International)
Australian Competition and Consumer Commission (Canberra)
Mitolo’s acquisition of Thomas Foods International’s potato business not opposed* he ACCC will not oppose Mitolo’s proposed acquisition of Thomas Foods International’s (TFI) potato business. Mitolo and the TFI potato business grow potatoes and operate packing sheds in South Australia, and overlap (...)

The German Competition Authority clears merger of hospitals in Flensburg (St. Franziskus-Hospital / Diakonissenkrankenhaus)
German Competition Authority (Bonn)
Bundeskartellamt clears merger of hospitals in Flensburg* The Bundeskartellamt has cleared the planned concentration of St. Franziskus-Hospital operated by the Malteser group in Flensburg and the somatic division of Diakonissenkrankenhaus, Flensburg, under joint management. Both facilities are (...)

The UK Competition Authority provisionally blocks merger between the country’s leading suppliers of retail investment platform solutions (FNZ / GBST)
United Kingdom’s Competition Authority - CMA (London)
Competition concerns in retail investment software merger* Following an in-depth investigation, the CMA has provisionally blocked the merger of FNZ and GBST. FNZ purchased GBST in November 2019. Both companies have a significant presence in the UK. They are 2 of the leading suppliers of (...)

The UK Competition Authority fines a sports manufacturer and its parent company £300,000 for breach of merger-freeze order with a footwear retailer (JD Sports / Footasylum)
Van Bael & Bellis (Brussels)
On 5 August 2020, the UK’s Competition and Markets Authority (the “CMA”) fined JD Sports and its parent company Pentland Group £300,000 for failing to comply with an initial enforcement order (“IEO”) imposed with regard to JD Sports’ completed merger with footwear retailer Footasylum. The CMA found JD (...)

The US DoJ sues to block merger between hospital system and independent community hospital in central Pennsylvania (Geisinger Health / Evangelical Community Hospital)
US Department of Justice - Antitrust Division (Washington)
Justice Department Sues To Block Geisinger Health’s Transaction With Evangelical Community Hospital* Transaction Reduces Hospital Competition in Central Pennsylvania The U.S. Department of Justice sued today to block Geisinger Health’s partial acquisition of its close rival, Evangelical (...)

The EU Commission opens in-depth investigation into the proposed acquisition of wearable tech devices by a Big Tech company (Fitbit / Google)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into the proposed acquisition of Fitbit by Google* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Fitbit by Google under the EU Merger Regulation. The Commission is concerned that the proposed (...)

The EU Commission opens in-depth investigation into the proposed acquisition of a producer of wearable tech devices by a Big tech on the basis that it would entrench the latter’s market position in the online advertising market (Fitbit / Google)
Bird & Bird (Brussels)
,
Bird & Bird (Brussels)
At the beginning of August, the European Commission opened an in-depth investigation into the acquisition of Fitbit by Google. The transaction was notified to the Commission on 15 June 2020 and Google proposed commitments to address the Commission’s preliminary concerns on 13 July 2020. (...)

The UK Competition Authority clears a Big tech’s 16% investment in an online food delivery company after finding that it will not substantially lessen competition (Amazon / Deliveroo)
United Kingdom’s Competition Authority - CMA (London)
CMA clears Amazon’s 16% investment in Deliveroo* Following an in-depth investigation, the CMA has today cleared Amazon’s 16% investment in Deliveroo after finding that it will not substantially lessen competition. The Competition and Markets Authority (CMA) completed an initial ‘Phase 1’ (...)

The Austrian Cartel Court clarifies the calculation method for domestic turnover thresholds and imposes a €100,000 fine on a car parts manufacturer for failing to notify its acquisition (Castanea Rubra / Neue Halberg)
Van Bael & Bellis (Brussels)
On 4 August 2020, the Austrian Cartel Court published a decision dated 13 February imposing a € 100,000 fine on Castanea Rubra Assets GmbH (“Castanea Rubra”) for failing to notify its acquisition of 94% of shares in Neue Halberg Guss GmbH (“Neue Halberg”) in 2018. This failure to notify violated the (...)

The Romanian Competition Authority opens investigation into the takeover of certain assets and shares between 2 competitors in the market for automotive components (Schlemmer Group / Delfingen Industry)
Romanian Competition Council (Bucharest)
The Competition Council Analyses the Taking Over of Some Assets of Schlemmer Group by Delfingen Industry S.a* The Competition Council analyses the transaction by which Delfingen Industry S.A. intends to take over some assets and shares of Schlemmer Group. Delfingen Industry S.A., based in (...)

The UK Competition Authority clears at phase II an acquisition of a minority shareholding and certain rights in a food delivery company in its first application of “failing firm” defence (Amazon / Deliveroo) Free
CRA International (London)
,
CRA International (London)
On 4 August 2020 the CMA cleared Amazon’s proposed minority investment in Deliveroo. Having previously been concerned that the investment could damage competition by discouraging Amazon from re-entering restaurant food delivery in the UK and altering its competitive incentives in respect of (...)

The Japanese FTC clears managerial integration of 2 internet companies subject to conditions (Z Holdings / LINE)
Japan Fair Trade Commission (Tokyo)
The JFTC Reviewed the proposed managerial integration of Z Holdings Corporation and LINE Corporation* Receiving notifications regarding the proposed managerial integration between Z Holdings Corporation (JCN4010401039979) (hereinafter referred to as “ZHD”; a group of combined companies held by (...)

The Polish Competition Authority fines gas company the equivalent of €50M for failure to cooperate in the investigation into the construction of Nord Stream 2 gas pipeline (Gazprom)
Polish Competition Authority (Warsaw)
Nord Stream 2 - President of UOKiK imposes penalty on Gazprom* President of UOKiK Tomasz Chróstny has imposed a penalty of PLN almost 213 mln on Gazprom for failure to cooperate in the investigation conducted in relation to the construction of Nord Stream 2 gas pipeline. Such an obligation (...)

State Aid

The EFTA Surveillance Authority greenlights state guarantee for Icelandic airline due to the COVID-19 pandemic (Icelandair) Free
EFTA Surveillance Authority (Brussels)
COVID-19 Pandemic: ESA greenlights state guarantee for Icelandair* Iceland will provide state aid to Icelandair to partly compensate for the damage resulting from travel restrictions linked to the COVID-19 outbreak. Icelandair is an international passenger airline operating in Iceland. It (...)

The EU Commission approves €290 million Belgian support to national airline in the context of the COVID-19 outbreak (Brussels Airlines) Free
DG COMP (Brussels)
State aid: Commission approves €290 million Belgian support to Brussels Airlines in the context of the coronavirus outbreak* The European Commission has approved a €290 million Belgian aid measure to support SN Group, which is composed of SN Airholding and its sole subsidiary Brussels Airlines, (...)

The EU Commission approves €62 million Romanian loan guarantee to compensate a national airline for damage suffered due to COVID-19 outbreak and provide the airline with urgent liquidity support (Blue Air) Free
DG COMP (Brussels)
State aid: Commission approves €62 million Romanian loan guarantee to compensate Blue Air for damage suffered due to coronavirus outbreak and provide the airline with urgent liquidity support* The European Commission has approved, under EU State aid rules, a Romanian loan guarantee of up to (...)

The EU Commission approves German plans for a Bavarian fund to enable up to €46 billion of liquidity and capital support to enterprises in Bavaria in the context of the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves Bavarian fund to enable up to €46 billion of liquidity and capital support to enterprises in Bavaria in the context of the coronavirus outbreak* The European Commission has approved German plans to set up a €46 billion fund at the level of the German State (Land) (...)

The EU Commission approves €133 million Portuguese liquidity support to national airline and opens investigation into the airline’s other public support measures (SATA Air)
DG COMP (Brussels)
State aid: Commission approves €133 million Portuguese liquidity support to SATA airline; opens investigation into other public support measures* The European Commission has approved, under EU State aid rules, €133 million in liquidity support to SATA Air Açores (SATA). The aid will allow the (...)

The EU Commission approves €1 billion Danish and Swedish measure to recapitalise major network airline due to the COVID-19 outbreak (SAS) Free
DG COMP (Brussels)
State aid: Commission approves €1 billion Danish and Swedish measure to recapitalise SAS* The European Commission has approved Danish and Swedish plans to contribute up to SEK 11 billion (approximately€1 billion) to the recapitalisation of SAS. The measure was approved under the State aid (...)

The EU Commission approves Irish loan guarantee scheme mobilising €2 billion support for companies affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves Irish loan guarantee scheme mobilising €2 billion support for companies affected by the coronavirus outbreak* The European Commission has approved an Irish loan guarantee scheme to support companies affected by the coronavirus outbreak. The scheme was approved (...)

The EU Commission approves €2 billion Italian guarantee scheme to support trade credit insurance market in the context of the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €2 billion Italian guarantee scheme to support trade credit insurance market in the context of the coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €2 billion Italian scheme to support the trade credit insurance market in the (...)

The EU Commission approves €30 million Estonian measure to support the state-owned aviation company in the context of the COVID-19 outbreak (Nordica) Free
DG COMP (Brussels)
State aid: Commission approves €30 million Estonian measure to support Nordica in the context of the coronavirus outbreak* The European Commission has approved a €30 million Estonian measure to provide a share capital increase and a subsidised interest loan to the state-owned aviation company (...)

The EU Commission opens in-depth investigation into public support for expansion of a chemical company’s electric vehicles battery plant in Poland (LG Chem)
DG COMP (Brussels)
State aid: Commission opens in-depth investigation into public support for expansion of LG Chem’s electric vehicles battery plant in Poland* The European Commission has opened an in-depth investigation to assess whether €95 million of public support granted by Poland to chemical company LG Chem (...)

The EU Commission approves €6 billion German scheme to compensate public transport companies for damages suffered due to COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €6 billion German scheme to compensate public transport companies for damages suffered due to coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €6 billion German scheme to compensate companies providing regional and local (...)

The EU Commission approves €665 million Austrian scheme to support non-profit organisations and their related entities affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €665 million Austrian scheme to support non-profit organisations and their related entities affected by the coronavirus outbreak* The European Commission has approved a €665 million Austrian scheme to support non-profit organisations (NPOs) and their related (...)

The EU Commission clears financial support granted by Romania to an airport as a compensation for the damage caused by the COVID-19 outbreak (Timisoara airport) Free
Giannino SI (Monserrato)
Introduction Applying Article 107(2)(b) TFEU the European Commission has cleared financial support granted by Romania to Timisoara Airport as compensation for damage caused by the outbreak of Covid-19. Background Following the declaration of a state of emergency in Romania on 16 March 2020, (...)

The EU Commission approves €200 million voucher scheme to support access to broadband services by low-income families in Italy
DG COMP (Brussels)
State aid: Commission approves €200 million voucher scheme to support access to broadband services by low-income families in Italy* The European Commission has approved under EU State aid rules a €200 million voucher scheme to help low-income families in Italy access high-speed broadband (...)

Procedures

The Chinese State Administration for Market Regulation breaks new ground with book for antitrust guidelines
Hogan Lovells (Beijing)
,
Hogan Lovells (Hong Kong)
,
Hogan Lovells (Shanghai)
On 6 August 2020, the lid was lifted on one of China’s biggest antitrust secrets. On that day, news broke out that a new book authored by the State Administration for Market Regulation ("SAMR") featuring a compilation of antitrust rules had been launched. The compilation contains four previously (...)

The Chinese State Administration for Market Regulation releases IP antitrust guidelines
King & Wood Mallesons (Beijing)
,
King & Wood Mallesons (Beijing)
,
King & Wood Mallesons (Beijing)
China’s IP Antitrust Guidelines Released to the Public* Preface Recently, the Anti-Monopoly Guidelines for the Intellectual Property (“IP Guidelines”) was published in the Collection of Antitrust Regulations and Guidelines in 2019 released by the Anti-Monopoly Bureau of the State Administration (...)

The Chinese State Administration for Market Regulation publishes leniency guidelines
AnJie Law (Beijing)
,
AnJie Law (Beijing)
,
AnJie Law (Beijing)
Highlights of the Chinese Leniency Guidelines Published by SAMR in June 2020* In June 2020, the Anti-Monopoly Bureau of the State Administration for Market Regulation (“SAMR”) published a new book, the 2019 Compilation of Antitrust Regulations and Guidelines, which contains four previously (...)

The Chinese State Administration for Market Regulation publishes anti-monopoly guidelines on intellectual property
Jones Day (Beijing)
,
Jones Day (Beijing)
,
Jones Day (Beijing)
In August 2020, the Anti-Monopoly Bureau of China’s State Administration for Market Regulation released four long-awaited sets of anti-monopoly guidelines addressing issues relating to leniency, commitments, the automobile industry, and intellectual property rights. The subjects of this White (...)

The Chinese State Administration for Market Regulation publishes anti-monopoly guidelines on leniency and commitments
Jones Day (Beijing)
,
Jones Day (Beijing)
,
Jones Day (Beijing)
The Anti-Monopoly Bureau of China’s State Administration for Market Regulation (“SAMR”) released four sets of long-awaited anti-monopoly guidelines. This White Paper addresses the Guidelines on Application of Leniency Program in Horizontal Monopoly Agreement Cases and the Guidelines on (...)

The Polish Competition Authority clarifies its principles for fining managers found responsible for concluding restrictive agreements
Polish Competition Authority (Warsaw)
The President of UOKiK’s principles of imposing fines on managers* Managers responsible for concluding restrictive agreements are liable to a financial fine of up to PLN 2 million. On konkurencja.uokik.gov.pl we have published explanations on the principles for determining the amount of (...)

The Polish Competition Authority clarifies procedure for individuals injured by competition law infringements to seek damages in court
Polish Competition Authority (Warsaw)
Have you suffered a loss due to anti-competitive practices? You may claim compensation* Individuals injured by anti-competitive practices may seek redress in the courts. President of UOKiK Tomasz Chróstny reminds that it is of no relevance to the case whether the decision on legal infringement (...)

Regulatory

The Chinese State Council advances the opening of the financial sector to enhance foreign investments
Chinese State Council (Beijing)
China to advance orderly opening-up of financial sector: official* BEIJING — China will resolutely push forward the opening-up of the financial sector in an orderly manner as it is a rational choice in line with the needs of development, an official with the central bank said on Aug 25. The (...)

The Australian Competition Authority states that the national energy markets are at a tipping point for affordability and warns that the new Prohibiting Energy Market Misconduct laws will ensure electricity retailers pass on cost savings to customers
Australian Competition and Consumer Commission (Canberra)
Tipping point for affordability in energy markets* Australia has a unique opportunity to restore energy affordability, according to ACCC Chair Rod Sims. Mr Sims was speaking via video about the opportunities in the gas and electricity markets at the 2020 National Conference of the Energy (...)

The Spanish Competition Authority challenges certain provisions of the Basque Government’s decree for private hire vehicles
Spanish Competition Authority (Madrid)
The CNMC decides to challenge certain provisions of the VTC Decree issued by the Basque Government* The provisions being challenged require VTC customers to pre-hire the service 30 minutes in advance and prevent them from geolocating the vehicles available before hiring them. The CNMC asked (...)

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues