December 2021

General antitrust

The Japanese FTC and Government release guidelines for business collaboration with and investment in startups
White & Case (Tokyo)
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White & Case (Tokyo)
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White & Case (Tokyo)
On December 23, 2021, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") proposed a draft of Guidelines for Business Collaboration with Startups and Investment in Startups ("Guidelines") for the purpose of promoting open innovation and ensuring fair (...)

The Hungarian Competition Authority publishes findings from sector inquiry into the market for wood construction materials and concludes significant import exposure and non-transparent pricing on the construction wood market
Hungarian Competition Authority (Budapest)
Significant import exposure and non-transparent pricing on the construction wood market* 22 December 2021, Budapest – The Hungarian Competition Authority (GVH) launched an accelerated sector inquiry on 19 October in order to explore the processes on the domestic market of wooden construction (...)

The German Competition Authority publishes the report on its sector inquiry into the collection of domestic waste
German Competition Authority (Bonn)
Decreasing competition in the collection and transport of domestic waste* The Bundeskartellamt has today published the report on its sector inquiry into the collection of domestic waste. The sector inquiry dealt with the collection and transport (1.) of packaging waste from private households (...)

The Croatian Competition Authority and the national regulator for network industries re-sign cooperation agreement undertaking to focus particularly on telecommunications, postal and railway services and digital markets
Croatian Competition Agency (Zagreb)
Hakom and CCA re-sign the cooperation agreement* With the view to facilitating the cooperation in the area of competition policy, particularly in the area of telecommunications, postal and railway services and digital markets, the president of the Competition Council Mirta Kapural, PhD and the (...)

The Hungarian Competition Authority joins forces with umbrella organisation representing domestic municipalities to tackle anti-competitive behaviour
Hungarian Competition Authority (Budapest)
The GVH and the Hungarian Association of Cities with County Rights join forces for fair competition* 7 December 2021, Budapest – The Hungarian Competition Authority (GVH) and the Hungarian Association of Cities with County Rights (MJVSZ) have concluded a cooperation agreement. The GVH and the (...)

The US FTC, the DoJ and the EU Commission issue a joint statement on the launch of the EU-US joint technology competition policy dialogue
US Federal Trade Commission (FTC) (Washington)
Joint Statement from FTC, DOJ Antitrust Division, and European Commission Leadership on Launch of EU-US Joint Technology Competition Policy Dialogue* Leadership of the Federal Trade Commission, the Antitrust Division of the Department of Justice, and the Directorate-General for Competition of (...)

The Australian Competition Authority releases its latest "Airline Competition in Australia" report which reveals that consumers will benefit from increased competition and cheaper fares on the country’s busiest routes once borders reopen
Australian Competition and Consumer Commission (Canberra)
Consumers to benefit from increased competition on busiest airline routes* Millions of Australians are set to benefit from increased competition and cheaper airfares on Australia’s busiest routes as state and territory borders reopen and the domestic airline industry prepares for a peak summer (...)

The EU Commission alongside the US FTC and DOJ launches a joint technology competition policy dialogue to foster cooperation in competition policy and enforcement in the technology sector
DG COMP (Brussels)
Competition: EU-US launch Joint Technology Competition Policy Dialogue to foster cooperation in competition policy and enforcement in technology sector* Today, European Commission Executive Vice-President Margrethe Vestager, US Federal Trade Commission Chair Lina Khan and the Assistant (...)

The UK Government launches a call for views on standard essential patents in order to better understand whether the current SEPs framework is functioning efficiently, supports innovation and strikes the right balance for all entities involved
Van Bael & Bellis (Brussels)
On 7 December 2021, the UK’s Intellectual Property Office (“IPO”) launched a call for views on Standard Essential Patents (“SEPs”) in order to better understand whether the current SEPs framework: (i) is functioning efficiently; (ii) supports innovation (particularly in light of the UK government’s (...)

The Swiss Competition Authority clarifies rules on relative market power
Lenz & Staehelin (Zurich)
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Lenz & Staehelin (Zurich)
ComCo clarifies new rules on market power* Introduction In March 2021, Parliament adopted the counterproposal to the so-called "fair price initiative", which in particular provided for a revision of the provisions of the Federal Act on Cartels and other Restraints of Competition (CartA). As a (...)

The Romanian Competition Authority directs that price increase announcements by professional associations may infringe competition law
Romanian Competition Council (Bucharest)
Price increase announcement can infringe the competition law* The Competition Council underlines that each undertaking belonging to a professional association must independently set its commercial policy and the anticipation of a certain price that should be charged may fall under the (...)

The Russian Competition Authority signs a cooperation agreement with the Academy of Sciences aiming to exchange knowledge on national competition law
Russian Federal Antimonopoly Service (Moscow)
FAS RUSSIA AND RUSSIAN ACADEMY OF SCIENCES SIGNED A COOPERATION AGREEMENT* The document was signed by the Head of FAS Russia Maxim Shaskolskiy and the President of the Russian Academy of Sciences Alexander Sergeev. The agreement provides for the involvement of the scientific community in (...)

The Italian Competition Authority initiates proceedings against a company for alleged abuse of its dominant position on the Lazio market for the disposal of waste as a result of the unjustified refusal to guarantee access to its landfill site (Viterbo)
Italian Competition Authority (Rome)
A549 - Italian Competition Authority: proceedings have been started against Viterbo S.r.l.* Given the seriousness of the situation for the waste emergency in the Lazio Region, the Authority has not excluded the use of interim measures The Italian Competition Authority has decided to initiate (...)

The Mexican Competition Authority preliminarily determines lack of effective competition in the distribution of liquified petroleum gas market following a rise of 145% in distributors’ gross profit margins
Mexican Competition Authority (Mexico City)
The Investigative Authority preliminarily determines lack of effective competition in the distribution of LP Gas to end users* In its Preliminary Opinion it establishes that there are no competition conditions in 213 geographic markets. In accordance with the process established in the Federal (...)

Anticompetitive practices

The Romanian Competition Authority for the first time opens investigation into possible anti-competitive behaviour in the labour force market for motor vehicle production
Romanian Competition Council (Bucharest)
The competition council has opened an investigation on labour force market* The Competition Council has opened, for the first time, an investigation on the possible anticompetitive behaviour of some undertakings on the market of skilled / specialized labour force in the field of motor vehicle (...)

The Indian Competition Authority reprimands the Indian National Egg Co-ordination Committee for price fixing, and issues a cease and desist order (T.Chandran / National Egg Co-ordination Committee)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
KEY POINTS The knowledge among members that prices have to be followed strictly to avoid adverse action in itself creates an ecosystem where the requirement of strict adherence permeates to each nook and corner. BRIEF FACTS Two separate informations were filed by Mr. T. R. Chandran (“Mr. (...)

The Polish Competition Authority investigates potential bid-rigging and market sharing in the supply of IT systems to the healthcare sector (Asseco Poland / Comarch Healthcare / Bestprojects)
Polish Competition Authority (Warsaw)
BID-RIGGING? INVESTIGATION AND SEARCHES* Does the supply of hospital information systems violate the competition law? President of UOKiK Tomasz Chróstny has initiated an investigation into the matter, and UOKIK employees, with the consent of the court, have conducted searches at the premises (...)

The Spanish Competition Authority opens disciplinary proceedings against several companies for bid rigging in tenders called in Spain for the supply, maintenance and upgrade of military equipment (Hernando Moreno / Casli / Inversiones Certin 5 / Grupo de Ingeniería / Reconstrucción y Recambios JPG / Star Defence Logistics & Engineering)
Spanish Competition Authority (Madrid)
The CNMC opens disciplinary proceedings against several companies for bid rigging relating to military equipment.* The competition authority investigates bid rigging and sharing agreements in tenders called in Spain for the supply, maintenance and upgrade of military equipment. In June and (...)

The Italian Supreme Court holds that legal effects on downstream contracts of an anti-competitive scheme are governed by national law and such contracts cannot be deemed automatically void in their entirety by invoking EU law (Albatel / Intesa Sanpaolo / Bosco)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On December 30, 2021, the Joint Section of the Italian Court of Cassation (which is the last-instance court for civil matters) issued a landmark judgment clarifying the criteria to determine the civil law consequences of “downstream” contracts with respect to an upstream framework arrangement (...)

The Dutch Competition Authority orders a Big Tech company to adjust the unreasonable conditions in its app store that forbids dating app providers to choose freely a payment system for purchases made in the apps by consumers (Apple)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM obliges Apple to adjust unreasonable conditions for its App Store* The Netherlands Authority for Consumers and Markets (ACM) has ordered Apple to adjust the unreasonable conditions in its App Store that apply to dating-app providers. Dating-app providers are currently not able to choose (...)

The Italian Competition Authority imposes fines totaling €10M on four e-commerce businesses for implementing unfair commercial practices during the COVID-19 outbreak (Unieuro / Mediaworld / Leroy Merlin / Monclick) Free
Italian Competition Authority (Rome)
ICA: total fines of more than 10 million Euro imposed on Unieuro, Mediaworld, Leroy Merlin and Monclick* The four companies implemented unfair commercial practices in their e-commerce businesses The Italian Competition Authority has closed three proceedings initiated against Unieuro S.p.A. (...)

The Hungarian Competition Authority launches accelerated sector inquiry into the market of COVID-19 rapid tests Free
Hungarian Competition Authority (Budapest)
Accelerated sector inquiry into the market of coronavirus rapid tests* 23 December 2021, Budapest – The Hungarian Competition Authority (GVH) has launched an accelerated sector inquiry into the domestic market for SARS-CoV-2 antibody detection tests since it is likely that the retail price of (...)

The Australian Competition Authority grants an urgent interim authorisation permitting manufacturers of ‘AdBlue’ diesel exhaust fluid to collaborate on the supply of refined urea
Australian Competition and Consumer Commission (Canberra)
Industry allowed to collaborate on AdBlue supply arrangements* The ACCC has granted an urgent interim authorisation permitting manufacturers and other industry stakeholders to collaborate on arrangements for the supply of the diesel exhaust fluid, known as ‘AdBlue’ that is used in most modern (...)

The Spanish Competition Authority opens disciplinary proceedings against several database marketing companies for customer-sharing and price-fixing agreements that could affect the marketing of business information products (Informa D&B / S.M.E / Compañía Española de Seguros de Crédito a la Exportación / Bureau Van Dijk Publicaciones Electrónicas / Moody’s Corporation)
Spanish Competition Authority (Madrid)
The CNMC opens disciplinary proceedings against several database marketing companies* It is investing potential customer-sharing and price-fixing (or discount) agreements relating to certain products. In June, the CNMC and the Autoridade da Concorrência (AdC) carried out on-site inspections at (...)

The US FTC approves a final order requiring a State dental licensing agency to stop unreasonably excluding lower-cost online and teledentistry providers from competing (Alabama Board of Dental Examiners)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Requiring Alabama Board of Dental Examiners to Stop Unreasonably Excluding Lower Cost Online and Teledentistry Providers from Competing* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that the Alabama Board (...)

The French Competition Authority opens an investigation into alleged practices in the fuel supply, storage and distribution sector in Corsica
French Competition Authority (Paris)
The Autorité de la concurrence has opened an investigation into alleged practices in the fuel supply, storage and distribution sector in Corsica* In decision 21-SO-17 of 15 December 2021, the Autorité de la concurrence opened an investigation into alleged practices in the fuel products supply, (...)

The New Zealand Competition Authority releases a Statement of Issues to a franchisor regarding proposed price agreements with franchisees (Anytime NZ)
New Zealand Commerce Commission (Wellington)
Statement of Issues released for Anytime NZ Limited’s collaborative activity clearance application* The Commerce Commission has published a Statement of Issues relating to the application by Anytime NZ Limited (Anytime NZ) for clearance under section 65A of the Commerce Act 1986 for proposed (...)

The New Zealand Competition Authority releases Statement of Preliminary Issues regarding News Publishers’ Association’s application for collective bargaining when members negotiate contracts with Big Tech firms (News Publishers’ Association’s)
New Zealand Commerce Commission (Wellington)
Statement of Preliminary Issues released for News Publishers’ Association’s application seeking authorisation for collective bargaining* The Commerce Commission has published a statement of preliminary issues relating to an application from the News Publishers’ Association of New Zealand (...)

The Spanish Competition Authority investigates potential anti-competitive practices in the waste treatment and recycling market
Spanish Competition Authority (Madrid)
The CNMC is investigating potential anti-competitive practices in Spain’s waste treatment and recycling market* It is assessing whether anti-competitive practices and agreements related to Spain’s plastic and metal waste treatment and recycling market exist. Madrid, 21 December 2021.- The CNMC (...)

The New Zealand Competition Authority initiates proceedings against alleged freight forwarding cartel (Mondiale / Oceanbridge)
New Zealand Commerce Commission (Wellington)
Commission files proceedings against alleged international freight forwarding cartels* The Commerce Commission has filed civil proceedings in the High Court against two international freight forwarding companies, Mondiale Freight Services Limited (Mondiale) and Oceanbridge Shipping Limited (...)

The Danish Competition Authority fines 22 nightclubs for market sharing agreement (Disco Cartel) Free
Danish Competition and Consumer Authority (Copenhagen)
Nightclubs are fined for market sharing agreement* A large number of nightclubs and their jointly owned purchasing company have agreed not to open nightclubs in each other’s towns or within a radius of 20 kilometres from one another. The nightclubs have accepted to pay fines for infringing the (...)

U.S. District Court for the District of Connecticut indicts a former manager of a major aerospace engineering company and five executives of outsource engineering suppliers for participating in a long-running conspiracy to restrict the hiring and recruiting of employees among their respective companies (Mahesh Patel / Robert Harvey / Harpreet Wasan...)
US Department of Justice (Washington)
Six Aerospace Executives and Managers Indicted for Leading Roles in Labor Market Conspiracy that Limited Workers’ Mobility and Career Prospects* A federal grand jury in Bridgeport, Connecticut, returned an indictment yesterday charging a former manager of a major aerospace engineering company (...)

The UK Competition Authority provisionally finds that a lighting equipment manufacturer has violated competition law by preventing retailers from offering discounts online (Dar Lighting)
United Kingdom’s Competition Authority - CMA (London)
CMA provisionally finds lighting firm illegally banned discounts* The CMA has provisionally found that Dar Lighting Limited has broken competition law by preventing retailers from offering discounts online. The Competition and Markets Authority (CMA) has issued a Statement of Objections to (...)

The Lithuanian Competition Authority reduces fine imposed on four food wholesalers found liable for bid rigging from 75% to 15% (Sanitex / Sotėja /Selnera / Maistulis /Egilėja)
Lithuanian Competition Authority (Vilnius)
Konkurencijos taryba reduces fines for food wholesalers for cooperation and settlement in bid-rigging case* The Lithuanian competition authority Konkurencijos taryba has found that the companies Sanitex, Sotėja, Selnera, Maistulis and Egilėja rigged their bids, including the price, in public (...)

The EU Commission fines a Spanish ethanol producer €20 million for participating in a cartel concerning the wholesale price formation mechanism in the EU ethanol market (Abengoa)
Van Bael & Bellis (Brussels)
On 10 December 2021, the European Commission issued a press release in which it reported that it had fined Spanish ethanol producer, Abengoa S.A. and its subsidiary Abengoa Bionenergía S.A. (together, “Agengoa”), € 20 million for participating in a cartel concerning the wholesale price formation (...)

The Mexican Competition Authority issues warning against collusive practices during the holidays
Mexican Competition Authority (Mexico City)
In light of December shopping season, COFECE warns companies to avoid carrying out collusive practices* Establishing prices with competitors is prohibited by the competition law and implies the imposition of both economic and criminal sanctions. Economic agents that participate or have (...)

The French Competition Authority fines a port management company for obstructing the investigation by failing to respond to requests for information (Mayotte Channel Gateway)
French Competition Authority (Paris)
The Autorité de la concurrence fines the Nel Group from Mayotte for obstructing the investigation* The Autorité today issued a decision in which it fined Mayotte Channel Gateway (MCG), which manages and operates the port of Longoni in Mayotte, and its parent company (Société Nel Import Export) (...)

The Spanish Competition Authority imposes fines totalling €1.5M on several companies for imposing minimum commissions in the real estate brokerage market (Anaconda / Idealista / Inmovilla / Look & Find / MLS / Remax / Witei)
Spanish Competition Authority (Madrid)
The CNMC fines several companies EUR 1.25 million for imposing minimum commissions in the real estate brokerage market.* The companies fined set up a multiple listing service (MLS) in Spain, through which they imposed minimum brokerage commissions. Membership in the system generally required a (...)

The EU Commission publishes draft guidelines on the application of EU competition law to collective agreements regarding working conditions of solo self-employed persons
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 9 December 2021, the European Commission (“Commission”) approved a draft communication containing guidelines on the application of EU competition law to collective agreements regarding the working conditions of solo self-employed persons (“Draft Guidelines”). The Draft Guidelines reflect the (...)

The Polish Competition Authority orders a fitness firm to introduce measures to increase competition in the sport and recreation package market (Benefit Systems)
Polish Competition Authority (Warsaw)
DECISION OF THE PRESIDENT OF UOKIK – OBLIGATION OF BENEFIT SYSTEMS* President of UOKiK Tomasz Chróstny obliged Benefit Systems, the operator of Multisport cards, to introduce measures to increase the level of competition in the fitness industry. The Company is expected to take steps to foster (...)

The US Supreme Court grants motion to hear constitutional challenge to the per se rule in criminal antitrust case (Lischewski)
Robert Connolly Law (Palm Springs)
Will the Supreme Court Grant Certiorari and Review the Per Se Rule?* I have no expertise in predicting whether the Supreme Court will grant certiorari on any given petition. But I am hopeful that the high court will do so on the issue of whether the application of the per se rule in a criminal (...)

The Moscow Arbitration Court confirms the fine imposed by the Russian Competition Authority on a road market cartel participant (Impulse)
Russian Federal Antimonopoly Service (Moscow)
THE COURT CONFIRMED 85.4 MILLION RUB FINE IMPOSED ON A ROAD MARKET CARTEL PARTICIPANT* In July 2020, FAS Russia found that OOO Magistral, OOO Impulse, OOO Nizhegorodavtodor, OOO Nizhavtodorstroy and OOO Uraldorstroy violated the Law on Protection of Competition. [1] The competing parties (...)

The Italian Competition Authority closes with a commitment decision an investigation into a resale price maintenance arrangement affecting the market for nutritional supplements (Sofar / Fornitura Integratori Alimentari)
Giannino SI (Monserrato)
By its decision recently rendered in the Sofar/Fornitura Integratori Alimentari case the Italian Competition Authority (ICA) considered the lawfulness of the conducts of a supplier imposing minimum resale prices for the probiotic nutritional supplements. Pursuant to Article 14-ter of the (...)

The EU Commission fines multiple banks €344 million for participating in a foreign exchange spot trading cartel (UBS / Barclays / RBS / HSBC / Credit Suisse)
DG COMP (Brussels)
Antitrust: Commission fines UBS, Barclays, RBS, HSBC and Credit Suisse €344 million for participating in a Foreign Exchange spot trading cartel* The European Commission has completed its cartel investigation into the Foreign Exchange (‘Forex’) spot trading market by imposing fines on five banks. (...)

The German Competition Authority imposes a fine totaling around €7 million on an audio equipment manufacturer for resale price maintenance in the distribution of their audio products through authorized dealers (Bose)
German Competition Authority (Bonn)
Bundeskartellamt imposes fine on audio equipment manufacturer Bose* The Bundeskartellamt has imposed a fine totaling around 7 million euros on Bose GmbH, which is based in Friedrichsdorf, on account of resale price maintenance. Bose manufactures and distributes high-end consumer electronics. (...)

Unilateral Practices

The Indian Competition Authority initiates probe into a Big Tech firm for potential abuse of dominance in the app store market (Apple / Together We Fight Society)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
KEY POINTS Unlike traditional ‘single-brand’ markets or aftermarkets, the present digital ecosystems including app stores operate as a platform connecting two or multiple different sets of market participants, such as, app developers and users. The multisided nature of this market needs to be (...)

The Croatian Competition Authority determines that a national airport did not abuse its dominant position when applying a COVID-19 discount for airlines (Zagreb Airport / RyanAir) Free
Croatian Competition Agency (Zagreb)
CCA investigates practices of Zagreb airport* In the preliminary market investigation relating to the alleged abusive practices of the undertaking Međunarodna zračna luka Zagreb d.d. (Zagreb Airport) with respect to the conclusion of the agreement on the provision of services with the (...)

The German Competition Authority designates a parent company of a Big Tech company as an undertaking of paramount significance for competition across markets (Google / Alphabet)
Technical University of Applied Sciences Wildau
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Hausfeld (Berlin)
On 30 December 2021, the German Bundeskartellamt (Federal Cartel Office, “FCO”) designated Alphabet Inc., parent company of Google, (“Google”) as an ‘undertaking of paramount significance for competition across markets’. The FCO is now considering whether to prohibit particular anti-competitive (...)

The Romanian Competition Authority investigates alleged abuse of dominance on the market for technical approvals of locations (Orange / RCS&RDS)
Romanian Competition Council (Bucharest)
The Competition council investigates both Orange SI RCS & RDS for abuse of dominant position* The Competition Council has opened two investigations aimed at a possible abusive behaviour of both undertakings Orange Romania S.A. and RCS & RDS S.A. on the market of service for issuing the (...)

The Rotterdam District Court largely denies a Big Tech company’s requests to block the Dutch Competition Authority’s publication of decision and fines in abuse of dominance case against dating-app developers (Apple)
Hausfeld (Amsterdam)
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Hausfeld (Amsterdam)
In a decision of 24 August 2021, the Netherlands Authority for Consumers and Markets (the ACM) ordered Apple to adjust the unreasonable conditions in its Apple App Store (the “App Store”) that apply to dating-app developers. A summary decision was not published until 24 December 2021 after Apple (...)

The Polish Competition Authority orders large agri-food company to pay supplier debts in a first ever decision that provides public compensation to entities other than consumers (SCA Polska / Intermache)
Polish Competition Authority (Warsaw)
UOKiK President orders SCA PR Polska (Intermarche) to pay debts towards suppliers* President of the Office of Competition and Consumer Protection Tomasz Chróstny obliged SCA PR Polska (Intermarche Group) to change practices that could constitute an unfair use of contractual advantage. As a (...)

The UK Competition Authority publishes its decision finding a pharmaceutical company guilty of excessive pricing on thyroid tablets (Advanz)
Van Bael & Bellis (Brussels)
On 15 December 2021, the UK Competition and Markets Authority (“CMA”) published the non-confidential version of its decision in Advanz Pharma, which provides further insight into its approach to dealing with excessive pricing. As reported earlier (See Michael Clancy, Samuel Hall, Peter L’Ecluse, (...)

The French Competition Authority submits for public consultation the proposed commitments of a major Big tech company (Google)
Autorité de la concurrence (Paris)
Google proposes commitments as part of the investigation into the merits of the related rights case. The Autorité submits them for public consultation* Background Following on from the interim procedure that led to the adoption of interim measures in April 2020, the Autorité continued its (...)

The UK Competition Authority publishes a market study interim report and finds two Big tech companies have leveraged their market power to create largely self-contained mobile ecosystems leading to a duopoly that limits competition and choice over operating systems, app stores, and web browsers (Apple / Google)
United Kingdom’s Competition Authority - CMA (London)
Apple and Google duopoly limits competition and choice* The CMA’s interim report into mobile ecosystems suggests that users are losing out because of Apple and Google’s duopoly. Earlier this year, the Competition and Markets Authority (CMA) launched a probe over concerns that Apple and Google (...)

The UK Competition Authority publishes a market study accusing two Big tech companies of creating a duopoly in the market for mobile devices (Apple / Google)
Hausfeld (London)
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Hausfeld (London)
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Hausfeld (London)
Mobile devices, and the ecosystem of products, content, and services associated with them, are already central to our lives. The fundamental importance of these ecosystems, which are international in scope, is only set to increase, as the network of connected products and services extends into (...)

The Italian Competition Authority imposes a record fine of over €1 billion as well as behavioral remedies on an e-commerce company for abusing its dominant position through engaging in discriminatory practices and denying third-party sellers access to certain sales prospects crucial to increasing their visibility on its website (Amazon)
Luiss Guido Carli University (Rome)
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Luiss Guido Carli University (Rome)
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Luiss Guido Carli University (Rome)
The case concerned a number of companies within the Amazon group (hereafter “Amazon”), including: a) Amazon Europe Core S.r.l., with legal domicile in Luxembourg, which is the company of the Amazon group responsible for the management of the websites of Amazon’s European marketplaces and owner of (...)

The EU Court of Justice AG Rantos sets out the criteria for classifying an exclusionary practice as an abuse of a dominant position (Enel)
European Court of Justice (Luxembourg)
Advocate General Rantos sets out the criteria for classifying an exclusionary practice as an abuse of a dominant position* An incumbent operator may adopt practices aimed at retaining its customers, even in the context of a liberalisation process, but must not resort to practices which, by (...)

The EU Court of Justice AG Rantos delivers his opinion in a request for a preliminary ruling on the conduct of an energy and gas producer in the context of the liberalisation of the electricity market in Italy (Enel)
Norton Rose Fulbright (Brussels)
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Covington & Burling (Brussels)
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Freshfields Bruckhaus Deringer (Brussels)
On 9 December 2021, Advocate General (“AG”) Rantos delivered his Opinion in Servizio Elettrico Nazionale (Case C‑377/20), a request for a preliminary ruling from the Italian Consiglio di Stato. The case concerns the conduct of the ENEL Group (“ENEL”) in the context of the liberalisation of the (...)

The Italian Competition Authority fines a Big Tech company €1.128 billion for abuse of dominance by making exclusive advantages for its online marketplace conditional upon the purchase of its logistics services (Amazon)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On December 9, 2021, the Italian competition authority (the “ICA” or “AGCM”) has levied its highest ever administrative fine—€1.128 billion—on Amazon Europe Core S.à r.l., Amazon Services Europe S.à .r.l., Amazon EU S.à r.l., Amazon Italia Services S.r.l., and Amazon Italia Logistica S.r.l. (...)

The EU Court of Justice AG Rantos suggests to the Court criteria to qualify abusive exploitation for a dominant position involving exclusionary practices (Servizio Elettrico Nazionale)
ACTECON (Istanbul)
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ACTECON (Istanbul)
Introduction: In recent weeks, highly praised opinion ("Opinion”) of the Advocate General Rantos, which was originally published in French, is released in English. In this article, we summarized the opinion of the Advocate General in four short sections and, supplemented each section with the (...)

The Italian Competition Authority imposes behavioral remedies and fines an e-commerce company over € 1.128 billion for abusing its dominant position in the market for e-commerce logistics services (Amazon)
Italian Competition Authority (Rome)
A528 - Italian Competition Authority: Amazon fined over € 1,128 billion for abusing its dominant position* The Authority found that Amazon harmed its competitors in the market for e-commerce logistics services. The Authority imposed behavioral measures on Amazon that will be subject to review (...)

The Italian Competition Authority imposes record-breaking fine of € 1.1 billion on an e-commerce company for “self-preferencing” its own logistical services (Amazon)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 9 December 2021, the Italian Competition Authority (“ICA”) adopted a decision finding that the Amazon group (“Amazon”) had violated Article 102 TFEU and harmed competing providers of e-commerce logistics services by tying the right of retailers on the Amazon marketplace to participate in (...)

The US FTC orders multiple pharmaceutical companies to provide up to $40 million in damages for monopolizing the drug "Daraprim" and bans their executives from working in the sector (Vyera Pharmaceuticals / Martin Shkreli / Kevin Mulleady)
US Federal Trade Commission (FTC) (Washington)
FTC, States to Recoup Millions in Relief for Victims Fleeced by ‘Pharma Bro’ Scheme to Illegally Monopolize Life-Saving Drug Daraprim* ’Pharma Bro’ Associate Mulleady banned from pharma industry and corporate defendants to pay up to $40 million; Trial set to begin next week for ‘Pharma Bro’ Martin (...)

The Romanian Competition Authority opens an investigation into a pharmaceutical company’s alleged abusive behaviour on two distinct markets (Boehringer Ingelheim)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 6 December 2021, the Romanian competition authority announced that it conducted a dawn raid at the premises of Boehringer Ingelheim (BI) to investigate allegedly abusive conduct which targeted generic rivals of two of BI’s innovative medicines (see, attached press release in Romanian and (...)

The Romanian Competition Authority opens investigation into possible abuse of dominant position and restriction on market entry by a pharmaceutical company in the medicines market (Boehringer Ingelheim)
Romanian Competition Council (Bucharest)
The Competition council opened an investigation on medicine market* • Possible abuse of dominant position of Boehringer Ingelheim RCV Gmbh&CO. KG The Competition Council opened an investigation into a possible abuse of a dominant position of Boehringer Ingelheim RCV GmbH & Co. KG. KG, (...)

The Indian Competition Authority closes an investigation into a chip manufacturer for allegedly abusively refusing to share product design information with a business partner (Velankani Electronics / Intel)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
BRIEF FACTS Velankani Electronics Pvt. Ltd. (“Velankani/Informant”), a company engaged in the business of designing and manufacturing electronic products in India, including ‘servers’, filed an information against Intel Corporation (“Intel/OP”) alleging abuse of dominant position. Velankani, for the (...)

The Japanese FTC closes investigation into online funeral service provider after provider voluntarily ends anti-competitive practices (UNIQUEST)
Japan Fair Trade Commission (Tokyo)
Closing the Investigation on the Suspected Violation of the Antimonopoly Act by UNIQUEST INC* The Japan Fair Trade Commission (the “JFTC”) has investigated UNIQUEST INC. (UNIQUEST) in accordance with the provision of the Antimonopoly Act since June 2021. UNIQUEST is the online funeral service (...)

The Croatian High Administrative Court upholds the Competition Authority’s decision fining watermelon re-seller for imposition of unfair trading practices (Fragaria)
Croatian Competition Agency (Zagreb)
UTPS: HIGH ADMINISTRATIVE COURT DISMISSES APPEAL OF RE-SELLER FRAGARIA* The High Administrative Court of the Republic of Croatia dismissed the appeal of the re-seller FRAGARIA and upheld the ruling of the Administrative Court in Zagreb of 16 December 2020 rejecting the claim for cancellation (...)

Mergers

The Irish Competition Authority decides to carry out a Phase II investigation of a performing loans acquisition (Allied Irish Banks / Ulster Bank)
Irish Competition Authority (Dublin)
CCPC to carry out a Phase 2 investigation of AIB’s proposed acquisition of certain assets of Ulster Bank* The Competition and Consumer Protection Commission (CCPC) has decided to carry out a full Phase 2 investigation into the proposed acquisition by Allied Irish Banks, p.l.c., of certain (...)

The Indian Competition Authority approves the merger between two power generation companies active in the upstream and downstream sectors as not likely to impact on competition (Jindal Power / Worldone)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
Worldone Private Limited (“Worldone/Acquirer”) is an investment holding company, engaged in various businesses including the business of manufacturing steel and captive thermal power generation. Worldone presently has shareholding in various entities, including Jindal Power Limited (“JPL / (...)

The Romanian Competition Authority assesses a takeover transaction between two steel companies for compatibility with market competition (Kiendle / Feintool Holding)
Romanian Competition Council (Bucharest)
The Competition Council assesses the taking over of Kiendle + Spiess GMBH, Germany, by Feintool Holding GMBH, Sweden* The Competition Council assesses the transaction through which Feintool Holding GmbH from Sweden intends to take over Kienle + Spiess GmbH from Germany. Feintool Holding GmbH (...)

The Romanian Competition Authority approves takeover of oil services of a crude oil company by a technology services provider in the oil industry (Forasol / Schlumberger)
Romanian Competition Council (Bucharest)
The Competition council approved the taking over of some activities belonging to Schlumberger group by GSP* The Competition Council authorized the transaction by which Forasol S.R.L., a member of the GSP Group, took over some business related to activities in the field of oil services (...)

The French Competition Authority unconditionally clears the takeover of a company active in the distribution of decoration and bazaar products (Zouari family / Maxi Bazar Group)
Autorité de la concurrence (Paris)
The Autorité de la concurrence clears the Zouari family’s takeover of the Maxi Bazar Group (decoration and bazaar products)* On 25 November 2021, the Zouari family notified the Autorité of its plan to acquire sole control of the Maxi Bazar Group. Parties to the transaction The Zouari family is (...)

The Croatian Competition Authority conditionally clears merger between two vertically-integrated national telecommunications firms stipulating the creation of an additional competing telecom operator (Telemach Hrvatska / OT-Optima Telekom)
Croatian Competition Agency (Zagreb)
CCA clears telecom merger between Telemach Hrvatska and Ot-Optima Telekom* Within the meaning of the Competition Act the Croatian Competition Agency cleared in the first phase the concentration between the undertakings Telemach Hrvatska d.o.o. and OT-Optima Telekom d.d. By this transaction the (...)

The French Competition Authority unconditionally clears the merger of an online tyre retailer and a tyre manufacturer (Allopneus / Michelin / Hevea)
Autorité de la concurrence (Paris)
The Autorité clears the takeover of Allopneus by Michelin* Following the European Commission’s referral decision of 21 October 2021 (see the press release of 22 October 2021), the Michelin group notified the Autorité of its plan to acquire sole control of Allopneus and its subsidiaries, over (...)

The Italian Competition Authority approves without conditions a joint venture in the sector for green mobility (Enel X / Volkswagen Finance Luxembourg)
Giannino SI (Monserrato)
By its recent decision handed down in Enel X/Volkswagen Finance Luxembourg, the Italian Antitrust Authority (IAA) has approved without conditions a joint venture incorporated by two major providers of green mobility services. The IAA took the view that the transaction was unlikely to restrain (...)

The German and Austrian Competition Authorities publish revised guidance on the interpretation of the transaction value-based thresholds in Austrian and German merger control law
Freshfields Bruckhaus Deringer (Vienna)
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Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer (Vienna)
Shortly before the end of 2021, the Austrian Federal Competition Authority (Bundeswettbewerbsbehörde, BWB) and the German Federal Cartel Office (Bundeskartellamt, BKA) published revised guidance on the interpretation of the transaction value-based thresholds in Austrian and German merger control (...)

The German and Austrian Competition Authorities publish an updated joint guidance on transaction value thresholds
White & Case (Dusseldorf)
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White & Case (Brussels)
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White & Case (Dusseldorf)
The German Bundeskartellamt and the Austrian Bundeswettbewerbsbehörde have updated their joint guidance on the application of their respective transaction value thresholds for mandatory merger notifications (the "Guidelines") on December 23, 2021. The authorities initially published the (...)

The French Competition Authority clears a merger between two national medical analysis laboratories subject to commitments (Labexa / Cerba)
Autorité de la concurrence (Paris)
Chemical pathology laboratories: the Autorité clears the acquisition of the Labexa Group by the Cerba Group, subject to conditions* Parties to the transaction The Cerba Group is mainly active in the chemical pathology sector and operates a network of 495 laboratories in France. It also has an (...)

The New Zealand Competition Authority releases a statement of issues over a proposed acquisition of a national fuel company by an Australian rival (Ampol / Z Energy)
New Zealand Commerce Commission (Wellington)
Statement of Issues released for Ampol / Z clearance application* The Commerce Commission has published a statement of issues relating to an application from Ampol Limited (Ampol) seeking clearance to acquire 100% of the shares in Z Energy Limited (Z), subject to an undertaking from Ampol to (...)

The New Zealand Competition Authority releases a statement of issues for a proposed acquisition of a national manufacturer of animal health products by an American pharmaceutical firm (Zoetis / Jurox)
New Zealand Commerce Commission (Wellington)
Statement of Issues released for proposed acquisition of Jurox by Zoetis* The Commerce Commission has published a Statement of Issues relating to the clearance application from Zoetis Inc. seeking clearance to acquire Betrola Pty Limited. Betrola owns the Jurox group of companies. The (...)

The US FTC fines a restaurant chain owner and investment fund operator $1.4 million to settle charges that two of its acquisitions violated the Hart-Scott-Rodino Act (Biglari)
US Federal Trade Commission (FTC) (Washington)
FTC Fines Biglari Holdings Inc. for Repeatedly Violating Antitrust Laws* Today, the Federal Trade Commission announced that restaurant chain owner and investment fund operator Biglari Holdings Inc. will pay a $1.4 million civil penalty to settle charges that two acquisitions it made on March (...)

The US DoJ fines the founder of a transportation and logistics company for gun jumping (Clarence L. Werner)
US Department of Justice (Washington)
Founder of Werner Enterprises to Pay Civil Penalty for Violating Antitrust Pre-Transaction Notification Requirements* The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission (FTC), filed a civil antitrust lawsuit today in the U.S. District Court for the (...)

The US FTC and DoJ announce that they have entered into settlements with the founder of a logistics company and a restaurant chain owner for alleged gun jumping violations (Clarence L. Werner) (Biglari)
Dechert (Washington)
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Dechert (New York)
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Dechert (Washington)
Key takeaways Small incremental acquisitions may require HSR filings and the HSR waiting period to be observed. Subsequent acquisitions of a small amount of the same issuer’s voting securities after the HSR requirements have been satisfied may still require additional HSR filings. Even the mere (...)

The US FTC imposes a fine totalling $487K on the founder of a transportation and logistics company for repeatedly violating the Hart-Scott-Rodino Act (Clarence L. Werner)
US Federal Trade Commission (FTC) (Washington)
FTC Fines Clarence L. Werner, Founder of the Truckload Carrier Werner Enterprises, Inc. for Repeatedly Violating Antitrust Laws* Today, the Federal Trade Commission announced that Clarence L. Werner, founder of the Omaha, Nebraska-based truckload carrier Werner Enterprises, Inc. will pay a (...)

The Spanish Competition Authority authorizes the takeover of a medical equipment and supply manufacturer by a company that makes and sells medical devices related to urology and endocrinology (Coloplast / Atos)
Spanish Competition Authority (Madrid)
Coloplast acquires control of Atos.* On 21 December 2021, the CNMC authorised the takeover of Atos by Coloplast. Coloplast is a Denmark-based company that makes and sells medical devices related to urology and endocrinology. Atos, headquartered in Sweden, is a medical equipment and supply (...)

The UK Competiton Authory updates its interim measures guidelines
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
On December 21, 2021, the CMA updated its guidance on interim measures in merger investigations and the initial enforcement order template. Interim measures take three forms, which depend on the stage of the investigation and whether they are imposed on the merging parties or agreed between (...)

The Spanish Competition Authority authorizes a merger between a group operating in the long-term dependency care sector and a hospital group (Orpea / Atirual)
Spanish Competition Authority (Madrid)
Orpea Ibérica, S.A.U and Atirual Inmobiliaria, S.L.U (members of Orpea Group, owned from French company Orpea, S.A) take over Hestia Alliance, S.L. and Drury, S.L. (members of Hestia Group).* On 21 December 2021, the CNMC authorised Orpea Ibérica, S.A.U and Atirual Inmobiliaria, S.L.U (members (...)

The EU Commission unconditionally approves the acquisition of a transcription software company active in the healthcare sector and customer engagement solutions by a global technology company (Microsoft / Nuance)
DG COMP (Brussels)
Mergers: Commission approves acquisition of Nuance by Microsoft* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of Nuance Communications, Inc. (‘Nuance’) by Microsoft Corporation (‘Microsoft’). The Commission concluded that the (...)

The Canadian Competition Authority approves a $44B acquisition of a British price assessment and reporting agency by its American competitor after agreement to sell assets (S&P Global / IHS Markit)
Canadian Competition Bureau (Gatineau)
Competition Bureau reaches agreement with S&P Global related to its acquisition of IHS Markit* The Competition Bureau announced on the 21st December 2021 that it has reached an agreement with S&P Global Inc. to resolve competition concerns related to its proposed acquisition of IHS (...)

The Australian Competition Authority does not oppose the merger between two waste management companies, subject to divestitures (Veolia / Suez)
Australian Competition and Consumer Commission (Canberra)
Veolia’s proposed acquisition of Suez not opposed, subject to divestitures* The ACCC will not oppose the proposed acquisition of Suez by Veolia after accepting three court-enforceable divestiture undertakings from Veolia. With these divestitures, and the sale of certain assets to Cleanaway, the (...)

The Spanish Competition Authority gives the green light for the acquirement of exclusive control of a Spanish company by an Australian operator in the mining sector (Sandfire / MATSA)
Spanish Competition Authority (Madrid)
Sandfire acquires exclusive control of MATSA.* On 21 December 2021, the CNMC gave the green light to the concentration entailing the acquisition by Sandfire Resources Limited of 100% of Minas De Aguas Teñidas, S.A. (MATSA). Sandfire is an Australian mining company whose core business is (...)

The US FTC issues an order aimed at protecting retail fuel customers following a merger between 2 companies in the energy sector (Global Partners / Wheels)
US Federal Trade Commission (FTC) (Washington)
FTC Order Protects Retail Fuel Customers Following Global Partners LP’s Acquisition of Wheels* Proposed order preserves competition by requiring divestiture of 7 retail gasoline and diesel stations in Connecticut Global Partners LP and Richard Wiehl have agreed to divest to Petroleum Marketing (...)

The Indian Competition Authority approves the acquisition of over 70% equity stake in a health and safety company by an investment fund (Forbes Enviro Solutions / Lunolox)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
Lunolox Limited (“Lunolux / Acquirer”) is a special purpose vehicle incorporated by AI Global Investments (Cyprus) PCC Limited (“AI Global”) for the purposes of the proposed combination. AI Global operates as the investment hub for Asia for all the funds managed by Advent International Corporation (...)

The Romanian Competition Authority conditionally approves takeover in the online food delivery service market (Glovoappro / Foodpanda)
Romanian Competition Council (Bucharest)
The Competition council approved with conditions the taking over of Foodpanda Ro by Glovoappro SRL* The Competition Council approved with conditions the transaction through which Glovoappro SRL will take over the Foodpanda Ro SRL and, indirectly, Pandamart, which is operated by Delivery Hero (...)

The Brazilian Competition Authority allows a European shipping company to exercise some corporate control over a national logistics company while the Authority considers its proposed acquisition (SAS Shipping Agencies Services / Log-In Logística Intermodal)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE allows SAS to exercise some corporate control over the business affairs of Log-In until the case is adjudicated* The authorization ensures the reversibility of the transaction and the competitive conditions of the affected markets On 15 December 2021, the Administrative Council for (...)

The US DoJ announces that it is seeking additional public comments on whether it should revise the 1995 Bank Merger Competitive Review Guidelines
US Department of Justice (Washington)
Antitrust Division Seeks Additional Public Comments on Bank Merger Competitive Analysis* The Department of Justice’s Antitrust Division announced today that it is seeking additional public comments until Feb. 15, 2022, on whether and how the division should revise the 1995 Bank Merger (...)

The French Competition Authority unconditionally clears the acquisition of a food transportation company by 2 trucking companies (TMF Group / Prim@ever / Olano Group)
Autorité de la concurrence (Paris)
The Autorité de la concurrence unconditionally clears the acquisition of the TMF Group by Prim@ever and the Olano Group* On 15 November 2021, Prim@ever, which is jointly controlled by the STEF Group and the Olano Group, notified the Autorité de la concurrence of its plan to acquire joint control (...)

The EU Commission clears a merger between 2 waste management companies, subject to conditions (Derichebourg / Ecore)
DG COMP (Brussels)
Mergers: Commission clears Derichebourg’s acquisition of Groupe Ecore, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Groupe Ecore by Derichebourg. The approval is conditional on full compliance with a commitments package (...)

The Australian Competition Authority receives withdrawal from a proposed merger in the IVF services sector due to competition concerns (Virtus / Adora)
Australian Competition and Consumer Commission (Canberra)
Virtus abandons proposed acquisition of Adora* The ACCC is likely to seek to discontinue its proceedings in the Federal Court in relation to Virtus Health’s (Virtus) proposed acquisition of Adora Fertility (Adora) from Healius, after Virtus announced today that it has decided not to proceed (...)

The Australian Competition Authority does not oppose the merger between two oil and gas exploration and production companies (Woodside / BHP Petroleum)
Australian Competition and Consumer Commission (Canberra)
Woodside’s proposed acquisition of BHP Petroleum not opposed* The ACCC will not oppose Woodside Petroleum Limited’s (ASX: WPL) proposed acquisition of BHP Petroleum International Pty Ltd, a wholly owned subsidiary of BHP (ASX: BHP). Woodside and BHP Petroleum supply domestic natural gas in (...)

The EU Commission announces the withdrawal of two airline companies from a proposed acquisition in the passenger air transport sector (IAG / Globalia / Air Europa)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
IAG, owner of leading airlines in Ireland, Spain and the UK, sought to acquire Air Europa from Globalia and provided notification of the transaction to the Commission in May 2021. IAG, owner of Iberia and Vueling, is the largest airline in Spain and Air Europa is the third-largest airline in (...)

The Australian Competition Authority does not oppose the merger between a major US online retail platform with audiovisual content and a Hollywood film production company (Amazon / MGM)
Australian Competition and Consumer Commission (Canberra)
Amazon’s proposed acquisition of MGM not opposed* The ACCC will not oppose the proposed acquisition of MGM by Amazon, after an investigation that concluded the transaction was unlikely to substantially lessen competition in any market in Australia. Amazon operates a range of businesses in (...)

The EU Commission announces the withdrawal of several airline companies from their proposed merger (IAG / Globalia / Air Europa)
Jones Day (Brussels)
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Jones Day (Brussels)
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Jones Day (Brussels)
On 16 December 2021, the European Commission commented on IAG and Globalia’s decision to abandon their proposed agreement for IAG to acquire Air Europa (see here). In Spain, IAG is the largest airline (including ownership of Iberia and Vueling), and Air Europa is the third largest airline. The (...)

The UK Competition Authority provisionally finds in Phase II investigation that the proposed purchase of a multinational conglomerate’s passive UK telecoms infrastructure assets by the largest national independent telecommunications infrastructure supplier would harm competition by removing the possibility for a third infrastructure supplier to emerge (Cellnex / CK Hutchison)
United Kingdom’s Competition Authority - CMA (London)
UK telecoms tower merger risks higher mobile costs* The CMA has provisionally found  Cellnex’s proposed purchase of CK Hutchison’s telecoms towers would harm competition. Cellnex is an independent supplier of telecommunications infrastructure, currently active across several European countries. (...)

The Indian Competition Authority unconditionally approves merger between two solar renewable energy companies (Reliance Solar / Sterling and Wilson solar)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
Reliance New Energy Solar Limited (“Reliance Solar / Acquirer”), a wholly owned subsidiary of Reliance Industries Limited (“RIL”), a newly incorporated entity and does not offer any products or services in India. Recently it has announced the acquisition of a stake in REC Solar, which is engaged in (...)

The Danish Competition Authority approves an acquisition of sole control over two newspaper distributors by a national media company subject to commitments (JP/Politikens Hus / Dansk Avis Omdeling / Bladkompagniet)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has approved JP/Politikens Hus’ acquisition of sole control over Dansk Avis Omdeling A/S and A/S Bladkompagniet subject to commitments* On 15 December 2021 the Danish Competition Council has approved JP/Politikens Hus A/S’ (“JP/Politiken”) acquisition of sole control (...)

The Cypriot Competition Authority conditionally approves the market concentration and acquisition of a LPG storage and logistics company by a LPG management and production company (VLPG / YUGEN)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
The Commission for the Protection of Competition has decided that the concentration regarding the acquisition of the share capital of VLPG PLANT Ltd by YUGEN LIMITED (now EKO LOGISTICS Ltd) and the merged of Hellenic Petroleum S.A Group activities’ related to the storage and management of LPG (...)

The Spanish Competition Authority clears a merger between an engineering company for nuclear power plants and a Spanish engineering group specialized in structural integrity services (Westinghouse Electric / Tecnatom)
Spanish Competition Authority (Madrid)
Westinghouse Electric Spain acquires exclusive control of Tecnatom.* On 14 December 2021, the CNMC cleared the corporate deal entailing the acquisition by Westinghouse Electric Spain, S.A.U. of exclusive control of Tecnatom, S.A. Westinghouse provides complete development, licensing, (...)

The Spanish Competition Authority approves a merger between a private investment house and a telecommunications operator (Ardian / Adamo)
Spanish Competition Authority (Madrid)
C/1251/21 ARDIAN / ADAMO TELECOM* Ardian acquires the 100% of Adamo. On 14 December 2021, the CNMC authorised Ardian France, S.A. to buy the 100% of Adamo Telecom, S.L.U. Ardian is a private investment house that manages funds on behalf of its clients, mostly pension funds, insurance (...)

The French Competition Authority clears the acquisition of the three main dealership networks for leisure accommodation vehicles, subject to the sale of two dealerships by the acquiring group to resolve the identified competition-related concerns (Trigano / SLC / CLC / GLA)
Autorité de la concurrence (Paris)
Subject to conditions, the Autorité clears the acquisition of the three main dealership networks for leisure accommodation vehicles by the Trigano group* Following the transaction, the Trigano group will become the leading integrated player in the distribution of leisure accommodation vehicles (...)

The Spanish Competition Authority clears a corporate deal entailing the acquisition of exclusive control of two subsidiaries in the agricultural sector (EW / Novogen / Verbeek)
Spanish Competition Authority (Madrid)
EW Group takes over Novogen and Verbeek.* On 14 December 2021, the CNMC cleared the corporate deal entailing the acquisition of exclusive control of Novogen SAS, Novogen do Brasil Avicultura LTDA, and Verbeek’s Pluimvee Beheer BV by Global Layer Genetics GmbH and European Layer Distribution (...)

The Spanish Competition Authority authorizes the corporate deal entailing the change in the nature of control of a multinational company specialized in the manufacturing of components and accessories for all types of pools (Fluidra)
Spanish Competition Authority (Madrid)
Fluidra’s founding families secure full control of the company.* On 14 December 2021, the CNMC authorised the corporate deal entailing the change in the nature of control of Fluidra, S.A. The founding families now have full control rather than joint control with Rhône Capital L.L.C. Fluidra’s (...)

The EU Commission approves the merger between two companies in the water and waste management sectors, subject to conditions (Veolia / Suez)
DG COMP (Brussels)
Mergers: Commission approves the acquisition of Suez by Veolia, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Suez by Veolia. The approval is conditional on full compliance with a commitments package offered by Veolia. (...)

The EU Commission approves a merger in the waste management sector, subject to conditions (Veolia / Suez)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
On December 14, 2021, the Commission conditionally cleared in Phase I Veolia’s acquisition of Suez. The Commission deemed Veolia’s comprehensive commitments sufficient to assuage the Commission’s competition concerns, without the need for a Phase 2 investigation. The Commission found that the (...)

The German Competition Authority considers the acquisition of a CRM platform by a social media platform to be subject to notification (Meta / Kustomer)
German Competition Authority (Bonn)
Bundeskartellamt considers Meta/Kustomer merger to be subject to notification* Meta Platforms Inc., Menlo Park/USA (formerly Facebook, Inc.) has announced that it intends to acquire the company Kustomer Inc. Kustomer is a company based in New York (USA) which offers its business customers a (...)

The Australian Competition Authority does not oppose the merger between an airline investment consortium and a national airport (Sydney Aviation Alliance / Sydney Airport)
Australian Competition and Consumer Commission (Canberra)
Sydney Aviation Alliance’s proposed acquisition of Sydney Airport not opposed* The ACCC will not oppose Sydney Aviation Alliance’s proposed acquisition of Sydney Airport (ASX: SYD). Sydney Aviation Alliance is a consortium of investment funds which each have investments in a range of (...)

The UK Competition Authority finds that a merger between two one-stop property search service providers could reduce competition (Dye & Durham / TM)
United Kingdom’s Competition Authority - CMA (London)
Dye & Durham’s purchase of TM Group could reduce competition* The CMA has found that Dye & Durham’s purchase of TM Group raises competition concerns and may now be referred for an in-depth investigation. Dye & Durham and TM Group both provide a one-stop property search service to (...)

The German Competition Authority receives withdrawal from proposed joint venture in scrap recycling sector due to competition concerns (TSR Recycling / Lünen / Rhein-Main Rohstoffe)
German Competition Authority (Bonn)
Withdrawal of merger notification in scrap recycling sector due to competition concerns* The companies TSR Recycling GmbH & Co. KG, Lünen, and Rhein-Main Rohstoffe GmbH, Frankfurt, withdrew their notification of the formation of a joint venture on 8 December 2021. The Bundeskartellamt had (...)

The Romanian Competition Authority approves the take over of an agricultural distributor and cereal cultivator by an investment firm and an individual (RDF / Roca Investments / Mrs. Florin-Ioan Deznan)
Romanian Competition Council (Bucharest)
THE COMPETITION COUNCIL APPROVED THE TAKING OVER OF RDF S.A. AND RDF AGRICULTURĂ BY ROCA INVESTMENTS AND MRS. FLORIN-IOAN DEZNAN* The Competition Council approved the trasnsaction through which Roca Investments S.A. and Mrs. Florin-Ioan Deznan take over RDF S.A. and its subsidiary RDF (...)

The UK Competition Authority finds that the merger of 2 companies in the supply of several waste and water management services could lead to a loss of competition (Veolia / Suez)
United Kingdom’s Competition Authority - CMA (London)
CMA finds Veolia / Suez merger raises competition concerns* Veolia and Suez are two of the largest suppliers of waste management services to councils and businesses in the UK and global leaders in the sector. The transaction is being reviewed by a number of competition authorities globally. (...)

The Canadian Competition Authority obtains court orders to advance an investigation into the merger of the only two container terminal operators at the Port of Halifax (PSA Canada Ventures / Ceres Halifax)
Canadian Competition Bureau (Gatineau)
Competition Bureau obtains court orders to advance an investigation of a proposed transaction between the only two container terminal operators at the Port of Halifax* The Competition Bureau has obtained court orders from the Federal Court of Canada to advance an investigation into PSA Canada (...)

The Saudi Arabian Competition Authority announces, following the adoption of the new Merger Review Guidelines, that it has blocked its first deal between two online food-delivery services due to their failure to provide sufficient information to enable the evaluation of the proposed acquisition (Delivery Hero / The Chefz)
White & Case (Washington)
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White & Case (Dusseldorf)
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White & Case (Brussels)
The Kingdom of Saudi Arabia’s General Authority for Competition (the “GAC”) has been ramping up its merger control activities and recently—at least initially—blocked its first transaction, signaling plans for more active merger enforcement. Although Saudi Arabia’s current merger control regime is (...)

The US FTC issues a statement following the termination of a proposed merger which would have combined two close retail competitors selling hunting, shooting, fishing, camping, and other outdoor gear (Great Outdoors / Sportsman’s Warehouse)
US Federal Trade Commission (FTC) (Washington)
Expected Federal Trade Commission Opposition to Transaction Leads Great Outdoors Group, LLC and Rival Sportsman’s Warehouse Holdings, Inc. to Abandon Plans for Proposed Merger* Federal Trade Commission Bureau of Competition Director Holly Vedova issued the following statement regarding the (...)

The Australian Competition Authority does not oppose the proposed merger between a national meat and food processing company and an agri-food producer (JBS / Rivalea)
Australian Competition and Consumer Commission (Canberra)
JBS’ proposed acquisition of Rivalea not opposed* The ACCC will not oppose JBS Australia Pty Ltd’s (JBS) proposed acquisition of Rivalea Holdings Pty Ltd and Oxdale Dairy Enterprise Pty Ltd (together, Rivalea) finding that the transaction is not likely to substantially lessen competition. JBS (...)

The German Competition Authority clears a merger between two hazardous waste disposal companies, subject to conditions (K+S / REMEX)
German Competition Authority (Bonn)
Joint venture between K+S and REMEX for disposal of hazardous waste cleared only after implementation of extensive offsetting measures* The Bundeskartellamt has cleared the formation of the joint venture REKS GmbH & Co. KG by Kali und Salz Minerals and Agriculture GmbH and REMEX GmbH, a (...)

The US FTC sues to block a $40 billion merger between a chip supplier and a chip design provider (Nvidia / Arm)
US Federal Trade Commission (FTC) (Washington)
FTC Sues to Block $40 Billion Semiconductor Chip Merger* Vertical deal between chip supplier Nvidia and chip design provider Arm would allow combined firm to stifle competing next-generation technologies The Federal Trade Commission today sued to block U.S. chip supplier Nvidia Corp.’s $40 (...)

The Portuguese Competition Authority simplifies the merger notification process in an effort to reduce regulatory burden
Portuguese Competition Authority (Lisbon)
AdC simplifies mergers notification* The AdC has reduced and simplified the information requested in the premerger notification forms, a procedure for companies involved in mergers or acquisitions that result in a lasting change of shareholder control. Changes now introduced aim to reduce the (...)

The US FTC sues to block a $40 billion merger between a leading computing company and a vertically relevant semiconductor company (Nvidia / Arm)
Constantine Cannon (New York)
FTC Seeks to Maintain the Neutrality of the “Switzerland” of the Computing Industry by Suing to Block Nvidia’s Deal to Buy Arm The Federal Trade Commission launched a battle to preserve competition in multiple computing markets last week with the filing of a complaint seeking to block Nvidia (...)

The Canadian Competition Authority challenges the merger between two waste management companies due to potential price increase and reduction of quality of service for consumers (GFL Environmental / Terrapure Environmental)
Canadian Competition Bureau (Gatineau)
Competition Bureau challenges GFL’s acquisition of industrial waste management and environmental services company Terrapure* To protect competition for customers of industrial waste services (IWS) and oil recycling services (ORS) in Western Canada, the Competition Bureau is challenging GFL (...)

State Aid

The EU Commission approves a €88 million German support to compensate a national railway company for damages suffered by its subsidiary due to the COVID-19 outbreak (Deutsche Bahn / DB Cargo) Free
DG COMP (Brussels)
State aid: Commission approves €88 million German support to compensate Deutsche Bahn for damages suffered by its subsidiary DB Cargo due to the coronavirus outbreak* The European Commission has found a €88 million German support measure in favour of Deutsche Bahn AG to be in line with EU State (...)

The EU Commission approves €71.4 million Portuguese measure to further compensate an airline company for damages suffered due to COVID-19 pandemic (TAP Air Portugal) Free
DG COMP (Brussels)
State aid: Commission approves €71.4 million Portuguese measure to further compensate TAP Air Portugal for damages suffered due to coronavirus pandemic* Today, the European Commission has approved, under EU State aid rules, a €71.4 million Portuguese aid measure to further support TAP Air (...)

The EU Commission invites comments on a proposed revision of guidelines on State aid for railway companies
DG COMP (Brussels)
State aid: Commission invites comments on proposed revision of Guidelines on State aid for railway companies* The European Commission has launched today a public consultation on EU Survey inviting all interested parties to comment on a proposed revision of the 2008 Guidelines on State aid for (...)

The EU Commission approves a €57.4 million restructuring aid to Croatian mechanical engineering company (Ðuro Ðaković)
DG COMP (Brussels)
State aid: Commission approves €57.4 million restructuring aid to Croatian mechanical engineering company Ðuro Ðaković* The European Commission has approved, under EU State aid rules, Croatia’s plans to grant mechanical engineering company Ðuro Ðaković d.d. (‘Đuro Đaković) restructuring aid to the for (...)

The EU Commission approves approves €9.8 million Belgian measure to recapitalise national airport in the context of the COVID-19 pandemic (Brussels South Charleroi Airport) Free
DG COMP (Brussels)
State aid: Commission approves €9.8 million Belgian measure to recapitalise Brussels South Charleroi Airport in the context of the coronavirus outbreak* The European Commission has approved Belgian plans to grant up to €19.2 million for the recapitalisation of the Brussels South Charleroi (...)

The EU Commission approves a €2.55 billion Portuguese restructuring aid in favour of a national airline company and a €107 million compensation for damages suffered due to COVID-19 pandemic (TAP Air Portugal) Free
DG COMP (Brussels)
State aid: Commission approves €2.55 billion Portuguese restructuring aid in favour of TAP Group and €107 million compensation for damages suffered due to coronavirus pandemic* Today, the European Commission has approved, under EU State aid rules: (i) €2.55 billion of restructuring aid to enable (...)

The EU Commission adopts guidelines on State aid for climate, environmental protection and energy "CEEAG"
Jones Day (Brussels)
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Jones Day (Paris)
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Jones Day (Brussels)
In Short The Development: The European Commission ("Commission") adopted new Guidelines on State Aid for Climate, Environmental Protection and Energy ("CEEAG") on 27 January 2022. The CEEAG revise criteria that the Commission will now apply to determine whether EU Member State financing to (...)

The EFTA Surveillance Authority approves additional amendments to a Norwegian compensation scheme for businesses amidst the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
COVID-19 pandemic: ESA approves additional amendments to a Norwegian compensation scheme for businesses* The EFTA Surveillance Authority (ESA) has today approved additional amendments to a Norwegian scheme providing compensation to companies suffering losses due to the COVID-19 pandemic. The (...)

The EU Commission endorses the new Guidelines on State aid for Climate, Environmental Protection and Energy which align with the important EU objectives and targets set out in the European Green Deal
DG COMP (Brussels)
State aid: Commission endorses the new Guidelines on State aid for Climate, Environmental protection and Energy* The College of Commissioners today endorsed the new Guidelines on State aid for climate, environmental protection and energy (‘CEEAG’). The CEEAG will be formally adopted in January (...)

The EU Commission approves a 2022-2027 regional aid map for Romania
DG COMP (Brussels)
State aid: Commission approves 2022-2027 regional aid map for Romania* The European Commission has approved under EU State aid rules Romania’s map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines (’RAG’). The revised (...)

The EU Commission approves an Austrian scheme to support the production of electricity from renewable energy sources
DG COMP (Brussels)
State aid: Commission approves Austrian scheme to support production of electricity from renewable energy sources* The European Commission has approved, under EU State aid rules, an Austrian aid scheme to support electricity production from renewable sources. The measure will help Austria (...)

The EFTA Surveillance Authority approves prolongation of a Norwegian compensation scheme for cancelled and downscaled cultural events in the context of the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
COVID-19 pandemic: ESA approves prolongation to Norwegian compensation scheme for cancelled and downscaled cultural events* The EFTA Surveillance Authority (ESA) has today approved a prolongation of a Norwegian scheme providing compensation for losses related to cancelled or downscaled (...)

The EFTA Surveillance Authority approves a revised Norwegian scheme for regionally differentiated social security contributions
EFTA Surveillance Authority (Brussels)
ESA approves revised Norwegian scheme for regionally differentiated social security contributions* The EFTA Surveillance Authority (ESA) has today approved a revised Norwegian scheme under which employers in very sparsely populated areas pay reduced social security contributions. The measure (...)

The EU Court of Justice AG Pikamäe delivers an opinion concerning the fiscal advantages granted by Luxembourg to a subsidiary of a major car manufacturing company which could substantially change the Commission’s approach in assessing member states’ tax rulings (Fiat / Ireland)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 16 December 2021, Advocate General Priit Pikamäe delivered an Opinion in Case C-898/19 P, Ireland v Commission and Others, concerning fiscal advantages granted by Luxembourg to a Fiat group subsidiary, which – if followed by the European Court of Justice – could substantially change the (...)

The EU Court of Justice AG Priit Pikamäe suggests the Court annul the Commission’s decision declaring an aid granted as being incompatible with the internal market (Fiat)
European Court of Justice (Luxembourg)
Tax ruling: Advocate General Priit Pikamäe proposes that the Court allow the appeal brought by Ireland and annul the Commission’s decision declaring aid which Luxembourg granted to Fiat as being incompatible with the internal market* He proposes, however, that the appeal brought separately by (...)

The EFTA Surveillance Authority approves the renewal of a Norwegian loan guarantee scheme for businesses amidst the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
COVID-19 pandemic: ESA approves renewal of Norwegian loan guarantee scheme for businesses* The EFTA Surveillance Authority (ESA) has today approved the renewal of a Norwegian loan guarantee scheme that will help ensure access to finance for businesses facing acute liquidity shortages due to (...)

The EU Commission approves 2022-2027 regional aid map for Latvia
DG COMP (Brussels)
State aid: Commission approves 2022-2027 regional aid map for Latvia* The European Commission has approved under EU State aid rules Latvia’s map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines (’RAG’). The revised (...)

The EFTA Surveillance Authority adopts revised State aid guidelines to promote risk finance investments and on short-term export credit insurance
EFTA Surveillance Authority (Brussels)
ESA adopts revised state aid guidelines on state aid to promote risk finance investments and on short-term export credit insurance* The EFTA Surveillance Authority (ESA) has adopted two sets of revised guidelines in the field of state aid: one on the promotion of risk finance investments and (...)

The EU General Court annuls a Commission decision that found the measures taken by Romania to support a petrochemical company to be incompatible State aid (Oltchim)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 15 December 2021, the Tenth Chamber of the General Court (Extended Composition) annulled a Commission decision that found the measures taken by Romania to support Oltchim – a petrochemical company – to be incompatible State aid (Case T-565/19, Oltchim v Commission). The facts of the dispute (...)

The EU Commission approves a €150 million Spanish scheme under Recovery and Resilience Facility to support the deployment of passive infrastructure for mobile networks
DG COMP (Brussels)
State aid: Commission approves €150 million Spanish scheme under Recovery and Resilience Facility to support deployment of passive infrastructure for mobile networks* The European Commission has approved, under EU State aid rules, a €150 million Spanish scheme made available through the Recovery (...)

The EU Commission approves Greek public funding of around €217 million for the construction of the new section of the Olympia Odos Motorway
DG COMP (Brussels)
State aid: Commission approves Greek support for the construction of Patra-Pyrgos section of Olympia Odos Motorway* The European Commission has approved, under EU State aid rules, Greek public funding of around €217 million for the construction of the Patra-Pyrgos section of the Olympia Odos (...)

The EU Commission approves €610 million voucher scheme to help small and medium enterprises access high-speed broadband services in Italy
DG COMP (Brussels)
State aid: Commission approves €610 million voucher scheme to support access to high-speed broadband services by small and medium enterprises in Italy* The European Commission has approved, under EU State aid rules, a €610 million Italian voucher scheme to help small and medium enterprises (...)

The EU Commission approves 2022-2027 regional aid map for Bulgaria
DG COMP (Brussels)
State aid: Commission approves 2022-2027 regional aid map for Bulgaria* The European Commission has approved under EU State aid rules Bulgaria’s map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines (’RAG’). The (...)

The EU Commission approves 2022-2027 regional aid map for Sweden
DG COMP (Brussels)
State aid: Commission approves 2022-2027 regional aid map for Sweden* The European Commission has approved under EU State aid rules Sweden’s map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines (’RAG’). The revised (...)

The EU Commission approves 2022-2027 regional aid map for Germany
DG COMP (Brussels)
State aid: Commission approves 2022-2027 regional aid map for Germany* The European Commission has approved under EU State aid rules Germany’s map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines (’RAG’). The revised (...)

The EFTA Surveillance Authority adopts revised State aid guidelines for important projects of common European interest
EFTA Surveillance Authority (Brussels)
ESA adopts revised state aid guidelines for important projects of common European interest* The EFTA Surveillance Authority (ESA) has today adopted guidelines corresponding to the European Commission’s revised communication on important projects of common European interest (the IPCEI (...)

The EU Commission approves a €3 billion scheme under the Spanish "Recovery and Resilience Plan" to support research, development, innovation, environmental protection and energy efficiency in automotive value chain
DG COMP (Brussels)
State aid: Commission approves €3 billion scheme under the Spanish Recovery and Resilience Plan to support research, development, innovation, environmental protection and energy efficiency in automotive value chain* The European Commission has approved, under EU State aid rules, a €3 billion (...)

The EU Commission approves a €783 million Croatian scheme to support production of electricity from renewable energy sources
DG COMP (Brussels)
State aid: Commission approves €783 million Croatian scheme to support production of electricity from renewable energy sources* The European Commission has approved, under EU State aid rules, a Croatian aid scheme to support electricity production from renewable sources. The measure will help (...)

The EU Commission approves a €133 million Swedish scheme to support rail freight and passenger operators affected by the COVID-19 pandemic Free
DG COMP (Brussels)
State aid: Commission approves €133 million Swedish scheme to support rail freight and passenger operators affected by the coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €133 million (SEK 1,370 million) Swedish scheme to support the rail freight sector (...)

The EU Commission adopts a new version of its Guidelines on State aid to promote risk finance investments
European Investment Fund (Luxembourg)
1. Background: consistency with respect to SMEs access to finance support The European Commission (EC) adopted a new version of the Guidelines on State aid to promote risk finance investments (RFG 2022) on 6 December 2021, which will apply as of 1 January 2022. The background is significant, (...)

The EU Commission approves a 2022-2027 regional aid map for Italy
DG COMP (Brussels)
State aid: Commission approves 2022-2027 regional aid map for Italy* The European Commission has approved under EU State aid rules Italy’s map for granting regional aid from 1 January 2022 to 31 December 2027 within the framework of the revised Regional aid Guidelines (’RAG’). The revised RAG, (...)

Procedures

The US DoJ files a civil antitrust lawsuit against a restaurant chain owner and investment fund operator for violating the pre-transaction notification and waiting-period requirements of the Hart-Scott-Rodino Act (Biglari)
US Department of Justice (Washington)
Biglari Holdings Inc. to Pay Civil Penalty for Repeat Violation of Antitrust Pre-Transaction Notification Requirements* The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission (FTC), filed a civil antitrust lawsuit today in the U.S. District Court for the (...)

The Italian Administrative Court of First Instance annuls a resolution from the Competition Authority to grant the alleged victim of antitrust infringement access to the infringement investigation file (Italcementi)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On December 21, 2021, the Italian administrative court of first instance (“TAR Lazio”), which has jurisdiction to review the decisions of the Italian Competition Authority (AGCM or “ICA”), annulled a resolution from the latter to grant the alleged victim of an antitrust infringement access to the (...)

The English Court of Appeal clarifies the threshold for raising ‘off-setting’ defences in competition and other breach of duty claims (NTN / Stellantis)
Shearman & Sterling (London)
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Shearman & Sterling (Brussels)
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Shearman & Sterling (London)
English Court of Appeal Clarifies Threshold for Raising ‘Off-Setting’ Defences in Competition and Other Breach of Duty Claims Introduction and Summary The recent decision of the English Court of Appeal in NTN Corporation v. Stellantis concerned an appeal against a successful application to (...)

The Latvian Competition Authority publishes guidance for calculation and recovery of damages arising from violations of competition law
Latvian Competition Council (Riga)
The Competition Council has developed a methodological material for the calculation of damages and recovery of damages for violation of competition law* The Competition Council (the CC) has prepared methodological material for the calculation of losses and recovery of losses for violation of (...)

Regulatory

The Italian Government extends its COVID-19 emergency FDI review regime through 2022 Free
Cleary Gottlieb Steen & Hamilton (Rome)
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Cleary Gottlieb Steen & Hamilton (Rome)
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Cleary Gottlieb Steen & Hamilton (Milano)
On December 30, 2021, the Italian Government extended until the end of 2022 Italy’s emergency foreign direct investments (“FDI”) regime, which enables it to review also acquisitions of controlling stakes by European Economic Area (“EEA”) investors, as well as certain minority investments by non-EEA (...)

The UK Government publishes an open letter to businesses providing more clarity on its upcoming national security and investment regime
Van Bael & Bellis (London)
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Van Bael & Bellis (London)
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Van Bael & Bellis (London)
On 20 December 2021, the UK government published an open letter to businesses providing more clarity on its upcoming national security and investment regime. The new legal framework, which the UK government calls “the biggest shake-up in 20 years of the UK’s system for screening investments”, (...)

The Luxembourg Parliament transposes into national law EU Directive 2018/1972 establishing the European electronic communications code
Arendt & Medernach (Luxembourg)
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Arendt & Medernach (Luxembourg)
The law of 17 December 2021, which implements Directive (EU) 2018/1972 establishing the European Electronic Communications Code (the “EECC”) into Luxembourg law, has just been published and, as a Christmas present, will enter into force next week-end on 26 December 2021. Ultimately, this new (...)

The French Competition Authority expresses reservations about the concessions envisaged in the context of the ex ante regulation of the upstream wholesale market for a company in broadcasting services (DTT)
Autorité de la concurrence (Paris)
In an opinion submitted to the ARCEP, the Autorité expresses reservations about the concessions envisaged in the context of the ex ante regulation of the upstream wholesale market for DTT broadcasting services* Background Referred to by the French Telecommunications and Posts Regulator (...)

The Spanish Government transposes into national law and increases the scope of the EU Directive 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain
Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
The amendment of Law 12/2013, of 2 August, on measures to improve the functioning of the food chain (Law 12/2013) was approved by Spanish Congress on 2 December and entered into effect on 16 December 2021. The primary purpose of the amendment is to transpose into Spanish law Directive (EU) (...)

The EU Parliament and Council adopt amendments to the Commission’s proposal for negotiating the final text of the Digital Markets Act
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 15 December 2021, the European Parliament (“Parliament”) adopted its position for negotiating the final text of the so-called Digital Markets Act (Regulation on contestable and fair markets in the digital sector)(“DMA”), shortly after the Council of the European Union (“Council”) had adopted its (...)

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