February 2022

General antitrust

 The US Court of Appeals for the Fifth Circuit holds that Standard Essential Patent holders may choose to only license end-product makers (Continental / Avanci)
FOSS Patents (Munich)
Germany 5 contributions 2935 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Even Apple’s and Tesla’s amicus briefs didn’t help: Continental, which is generally known for making tires but also in the telematics control unit (TCU) (...)

The Dutch Competition Authority favors collaborations between businesses promoting sustainability in the energy sector
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34946 visits
ACM favors collaborations between businesses promoting sustainability in the energy sector* The Netherlands Authority for Consumers and Markets (ACM) is in favor of two initiatives where competitors work together. ACM says that these initiatives help make the energy sector more sustainable, (...)

The US DoJ and the Federal Maritime Commission reaffirm and strengthen their partnership to promote fair competition in the shipping industry
US Department of Justice (Washington)
United States 176 contributions 74195 visits
Justice Department and Federal Maritime Commission Reaffirm and Strengthen Partnership to Promote Fair Competition in the Shipping Industry* The Justice Department and the Federal Maritime Commission (FMC) today reaffirmed their continuing commitment to jointly enforcing competition laws (...)

The Hungarian Competition Authority launches an investigation into the domestic market for COVID-19 antibody tests
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 18997 visits
The GVH also investigates the domestic market for rapid COVID-19 antibody tests* 25 February 2022, Budapest – The Hungarian Competition Authority (GVH) has launched an accelerated sector inquiry into the domestic market for rapid antibody tests that can detect the presence of antibodies (...)

The Lithuanian, Latvian, and Estonian Competition Authorities jointly urge the International Competition Network to exclude Russian Government and individual experts from future events as a sanction for the country’s military aggression against Ukraine
Estonian Competition Authority (Tallinn)
Estonia 12 contributions 1491 visits
,
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20099 visits
,
Latvian Competition Council (Riga)
Latvia 122 contributions 23758 visits
JOINT STATEMENT BY LITHUANIAN, LATVIAN, ESTONIAN COMPETITION AUTHORITIES IN SUPPORT OF UKRAINE* We, the heads of the Lithuanian, Estonian and Latvian Competition Authorities, support the condemnation by our national governments of Russia‘s open large-scale aggression against an independent, (...)

The US DoJ submits a statement of interest in a Nevada state court lawsuit filed by a group of anesthesiologists alleging that non-compete provisions in their employment agreements with a medical group violate State law (Pickert Medical Group)
Hogan Lovells (Washington)
United States 10 contributions 3561 visits
,
Hogan Lovells (Washington)
United States 9 contributions 1013 visits
,
Hogan Lovells (Washington)
United States 2 contributions 594 visits
…
On 25 February the U.S. Department of Justice (DOJ) submitted a statement of interest in a Nevada State court lawsuit filed by a group of anesthesiologists alleging that non-compete provisions in their employment agreements with Pickert Medical Group violate state law. DOJ did not weigh in (...)

The US FTC requests public comments on the impact of practices by pharmacy benefit managers on drug affordability and access
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40096 visits
FTC Requests Public Comments on the Impact of Pharmacy Benefit Managers’ Practices* Agency seeks information on the ways that large, vertically integrated PBMs are affecting drug affordability and access The Federal Trade Commission announced it is soliciting public input on the ways that (...)

The EU Commission publishes final version of its proposed Data Act, with harmonised rules on fair access to and use of data in the Union
Norton Rose Fulbright (Brussels)
United States 31 contributions 13940 visits
The EU’s Data Act: Capstone of the EU Data Strategy* On 23 February 2022, the EU Commission published its long-awaited Data Act, the last major building block of the Commission’s February 2020 Data Strategy. The Data Act Is an ambitious piece of legislation with implications for consumers (...)

The Cypriot Parliament enacts a new competition framework that enhances the Competition Authority’s regulatory powers and transposes the ECN+ Directive into national legislation
Antoniou McCollum & Co. (Nicosia)
Cyprus 1 contribution 303 visits
,
Antoniou McCollum & Co. (Nicosia)
Cyprus 15 contributions 16867 visits
Cyprus has enacted a new competition framework, which introduces additional powers for the Cyprus Commission for the Protection of Competition (the CPC). The new legislation consolidates previous statutes regulating collusive conduct, abuses of dominance and abuses of relationships of (...)

The Hungarian National Assembly adopts the Competition Authority’s report for 2021, noting particularly a 25% rise in enforcement actions
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 18997 visits
The Hungarian National Assembly adopted the report of the Hungarian Competition Authority* 22 February 2022, Budapest - the Committee on Economics of the Hungarian National Assembly adopted the report on the Hungarian Competition Authority’s (GVH) activities and experiences related to the (...)

The Estonian Competition Authority finds that the low availability of high-speed internet in rural areas can lead to competition concerns
Estonian Competition Authority (Tallinn)
Estonia 12 contributions 1491 visits
The low availability of high-speed internet in rural areas can lead to competition concerns* The Estonian Competition Authority examined the issues related to the availability of internet services in rural and sparsely populated areas from the point of view of the competition situation. The (...)

The German Competition Authority publishes its 2021 market power report on the electricity generation sector
German Competition Authority (Bonn)
Germany 447 contributions 113565 visits
Bundeskartellamt’s 2021 market power report on the electricity generation sector* The Bundeskartellamt has today published its third market power report on the conditions of competition in the generation of electricity in 2021. As in the previous years, the report analyses the market power (...)

The Canadian Competition Authority joins the competition authorities of the United States, Australia, New Zealand, and the United Kingdom in a new working group focussed on sharing information to identify and prevent potentially anticompetitive conduct in the global supply and distribution of goods
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10513 visits
International working group targets potential collusion by competitors in supply and distribution of goods* The Competition Bureau has joined the competition authorities of the United States, Australia, New Zealand, and the United Kingdom in a new working group focussed on sharing (...)

The Romanian Competition Authority recommends the division of public procurement contracts into road modernisation and repair works to increase competition in the bidding process
Romanian Competition Council (Bucharest)
Romania 158 contributions 27639 visits
Consiliul Concurrentei : Division into lots of roads modernisation and repair works increases competition * The Competition Council recommends to the local public authorities to divide into lots the public procurement contracts / framework agreements for road modernization and repair (...)

The Irish Competition Authority announces consultations on policies and guidelines for exercising new competition law powers
Irish Competition Authority (Dublin)
Ireland 102 contributions 16039 visits
CCPC consultations on policies and guidelines for exercising new competition law powers opening on 14 February* The Competition and Consumer Protection Commission (CCPC) has today announced a series of public consultations on how it intends to use the expanded competition law enforcement (...)

The Spanish Competition Authority hosts an ICN event to discuss the role of competition policy for economic recovery, digitisation, and sustainability
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30043 visits
International Competition Network (ICN) Competition Advocacy Working Group Meeting hosted by the CNMC* The event held on 9 and 10 February featured 50 speakers from competition agencies around the world and was attended by participants from more than 65 countries. The sessions involved debates (...)

The US Department of Treasury recommends antitrust reforms in the alcohol market
Dentons (Washington)
United States 1 contribution 163 visits
,
Sheppard Mullin (Los Angeles)
United States 12 contributions 2093 visits
,
Sheppard Mullin (Washington)
United States 6 contributions 1039 visits
Treasury Department Recommends Antitrust Reform in Alcohol Markets* On February 9, the Treasury Department issued a report analyzing competition in the US alcohol industry (defined as beer, wine, and spirits), which outlined several proposed reforms aimed at improving competition in the (...)

The Luxembourg Competition Authority holds additional public consultation on proposed guidance relating to information exchange in the context of dual distribution
Luxembourg Competition Council (Liège)
14 contributions 1664 visits
Review of the VBER and the Vertical Guidelines: Additional public consultation on proposed guidance relating to information exchange in the context of dual distribution* In the context of the ongoing review of the Vertical Block Exemption Regulation (‘VBER’), and the Guidelines on Vertical (...)

The US Treasury Department releases a report with recommendations for how the Tobacco Tax and Trade Bureau, the FTC, and the DoJ can help drive competition in the beer, wine, and spirits markets
McDermott Will & Emery (Washington)
United States 36 contributions 5927 visits
,
1 contribution 212 visits
On February 9, 2022, the US Treasury Department (Treasury) released a report with recommendations for how the Tobacco Tax and Trade Bureau (TTB), Federal Trade Commission (FTC) and Department of Justice (DOJ) can help drive competition in the beer, wine and spirits markets by stepping up (...)

The Canadian Competition Authority recommends sweeping amendments to core provisions of the Canadian Competition Act
Steve Szentesi Law Corporation (Vancouver)
France 55 contributions 14422 visits
Canada’s Competition Bureau Recommends Sweeping Amendments to the Competition Act, Including Deceptive Marketing Amendments On February 8, 2022, Canada’s Competition Bureau released a submission entitled Examining the Canadian Competition Act in the Digital Era in response to Senator Howard (...)

The EU Commission issues draft guidance on information exchange in dual distribution scenarios
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56477 visits
,
Baker McKenzie (Brussels)
Belgium 10 contributions 1988 visits
On 4 February 2022, the European Commission (“Commission”) published (for a brief period of public consultation) revised draft guidance on dual distribution, available here, which includes an extensive discussion concerning information exchange (“Draft Guidance”). This is likely to be one of (...)

The European Commission drafts new competition rules for Vertical Block Exemption Regulation (VBER) and guidelines for vertical restraints scheduled to take effect in June 2022
Jones Day (Brussels)
Belgium 21 contributions 9505 visits
,
Jones Day (Brussels)
Belgium 6 contributions 2719 visits
I. The context The European Commission (“EC”) is currently revising the rules governing vertical agreements under EU competition law, which will expire on May 31, 2022. In this respect, on July 9, 2021, the EC published its long-awaited draft revised Vertical Block Exemption Regulation (...)

The Hellenic Competition Authority issues campaign to promote its whistleblowing platform
Hellenic Competition Commission (Athens)
Greece 126 contributions 17178 visits
HCC’s campaign to promote the whistleblowing platform* Subject: HCC’s campaign to promote the whistleblowing platform On the occasion of the end of its January 2022 media campaign concerning the anonymous information system (whistleblowing), the Hellenic Competition Commission (HCC) would (...)

The Czech Competition Authority discusses future cooperation and effective investigation of cartel agreements with the Slovak and Hungarian competition authorities
Czech Competition Authority (Brno)
Czech Republic 47 contributions 6259 visits
The Chairman of the office discussed future cooperation and effective investigation of cartel agreements with the Slovak and Hungarian competition authorities* Petr Mlsna, the Chairman of the Office for the Protection of Competition (hereinafter referred to as “the Office”), made a working (...)

The German Competition Authority and the Federal Information Technology Centre launch the fully digital Competition Register for Public Procurement
German Competition Authority (Bonn)
Germany 447 contributions 113565 visits
Digital Competition Register for Public Procurement – Successful cooperation between Bundeskartellamt and ITZBund* Bonn, 3 February 2022: With the assistance of the Federal Information Technology Centre (ITZBund), the Bundeskartellamt launched the fully digital Competition Register for (...)

The German Competition Authority concludes its investigation into encryption of DNS services finding no evidence of anticompetitive behaviour
German Competition Authority (Bonn)
Germany 447 contributions 113565 visits
No proceedings regarding encryption of DNS services* At the end of a preliminary examination phase lasting several months, the Bundeskartellamt decided not to initiate proceedings with regard to DNS services for the time being. The authority will further observe the market and, if necessary, (...)

The International Competition Network publishes findings of its research among members on competition law enforcement at the intersection between competition, consumer protection, and privacy
International Competition Network (ICN)
United States 6 contributions 2989 visits
ICN Steering Group Project – Competition law enforcement at the intersection between competition, consumer protection, and privacy* Task 1: Issues identification Introduction This paper identifies for competition agencies relevant issues at the intersection between competition, consumer (...)

Anticompetitive practices

 The EU Commission seeks feedback on commitments offered by an Irish insurers’ association concerning access to its data sharing platform (Insurance Ireland)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813882 visits
Antitrust: Commission seeks feedback on commitments offered by Insurance Ireland concerning access to its data sharing platform* The European Commission invites comments on commitments offered by Insurance Ireland, an association of Irish insurers, to address competition concerns regarding (...)

The Copenhagen City Court rules that two companies sanctioned for illegally submitting a joint bid for a road marking project shall not face criminal penalties because the requisite intent or gross negligence could not be proven (LKF Vejmarkering / Eurostar Danmark)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35802 visits
Companies behind illegal road marking consortium avoid sanctions* On 11 February 2022, the City Court of Copenhagen ruled that the companies LKF Vejmarkering (now GVCO) and Eurostar Danmark must not pay fines for infringing the Competition Act. Three individuals also avoided sanctions. In (...)

The Danish Competition Authority decides that the boycott of a digital marketplace by an association of car dealers constitutes an anticompetitive agreement (Peugeot Forhandler Foreningen)
Gorrissen Federspiel (Copenhagen)
Denmark 3 contributions 308 visits
,
Gorrissen Federspiel (Copenhagen)
Denmark 7 contributions 2540 visits
Competition Council rules Peugeot dealer association infringed competition law* On 23 February 2022, the Danish Competition Council (DCC) published a decision on a case in which the association of Peugeot car dealers, Peugeot Forhandler Foreningen (PFF), had collectively boycotted (...)

The Indonesian Competition Authority continues active enforcement against bid-rigging conduct following two decisions concerning a fishing port tender and the second one related to the construction of a swimming pool (Cipta Karya Multi Teknik / Bangun Persada...) (Cahayahikmah Jayapratama / Karya Kandangan...)
Ashurst (Singapore)
Singapore 14 contributions 16226 visits
,
Ashurst (Abū Dhabī)
United Arab Emirates 5 contributions 2169 visits
In February 2022, the Indonesia Competition Commission ("ICC") published two decisions involving bid-rigging conduct pursuant to government funded tenders. The first case related to a fishing port tender in Tulungagung and the second case related to the construction of a swimming pool in (...)

The US FTC files an administrative complaint alleging that an electronic cigarettes company entered into a series of agreements that eliminated competition in violation of federal antitrust laws (Altria Group / JUUL Labs)
Bona Law (Detroit)
United States 25 contributions 5560 visits
,
Bona Law (San Diego)
United States 14 contributions 6214 visits
The FTC’s challenge of Altria Group’s proposed minority investment in JUUL Labs, Inc. (JLI) in April 2020 generated attention in both the mainstream media and the competition law press. Press coverage since that time has hit the latest developments but often missed the important issues this (...)

The Danish Competition Authority finds that an association of car dealers infringed Article 6 of the Competition Act and Article 101(1) TFEU by engaging in a collective boycott of a platform for advertisement and sale of cars (Danish Association for sale of Peugeot Cars)
Bird & Bird (Copenhagen)
Denmark 36 contributions 8066 visits
,
Bird & Bird (Copenhagen)
Denmark 9 contributions 3888 visits
The Danish Competition Council (“the DCC”) has, in a recent decision, found that the Danish Association of Peugeot Dealers infringed Article 6 of the Danish Competition Act and Article 101(1) TFEU by engaging in a collective boycott of the Danish platform for advertisement and sale of cars, (...)

The Danish Competition Authority declares that an association of car dealers agreeing to avoid advertising on an online marketplace for cars breaches competition law (Peugeot Forhandler Foreningen)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35802 visits
The Danish Association of Peugeot Dealers’ collective boycott of bilbasen.dk is illegal* The Danish Competition Council has decided that the association of car dealers of the brand Peugeot, Peugeot Forhandler Foreningen (“PFF”), has infringed Section 6 in the Danish Competition Act and TFEU (...)

The Turkish Competition Authority concludes a resale price maintenance investigation against a bulgur production company (Duru Bulgur Gıda)
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5360 visits
Investigation concerning Duru Bulgur Gıda San. ve Tic. A.Ş. concluded (22.2.2022) (23.2.2022)* The investigation, which was conducted in response to the claim that Duru Bulgur Gıda San. ve Tic. A.Ş. determined the resale prices for the sales made to retail chains in Konya and Karaman regions (...)

The US Chief Administrative Law Judge Chappell dismisses the charges in a complaint issued by the FTC staff against a tobacco company and an electronic cigarette maker for entering into a series of agreements that eliminated competition (Altria Group / JUUL Labs)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40096 visits
Administrative Law Judge Dismisses FTC Antitrust Complaint against Altria Group and JUUL Labs, Inc.* In an Initial Decision announced on Feb. 24, 2022, Chief Administrative Law Judge D. Michael Chappell dismissed the antitrust charges in a complaint issued by the Federal Trade Commission (...)

The Hellenic Competition Authority imposes a fine of €271,385.11 on a pasteurized cow milk company for abuse of dominance and excessive pricing (Charalambides-Christis)
Hellenic Competition Commission (Athens)
Greece 126 contributions 17178 visits
The Commission for the Protection of Competition imposed a fine on Charalambides-Christis Ltd amounting to €271,385.11 for infringements of article 6(1)(a) of the Protection of Competition Laws and corresponding article 102(a) of the Treaty on the Functioning of the European Union* The (...)

The Hellenic Competition Authority launches investigation into the market for eyewear
Hellenic Competition Commission (Athens)
Greece 126 contributions 17178 visits
Unannounced inspections in the eyewear sector* Subject: Hellenic Competition Commission carries out unannounced inspections in the eyewear sector Athens, February 22, 2022 – Today, the Hellenic Competition Commission (HCC) carried out unannounced inspections (dawn raids) at the premises of (...)

The Turkish Competition Authority fines private hospitals for concluding no-poach arrangements, conspiring to fix wages and service fees charged to freelance physicians (Private Hospitals Cartel)
ACTECON (Istanbul)
Turkey 23 contributions 3928 visits
,
ACTECON (Istanbul)
Turkey 18 contributions 2971 visits
,
ACTECON (Istanbul)
Turkey 6 contributions 1084 visits
Introduction The Turkish Competition Authority (“TCA”) has published its reasoned decision dated 24.02.2022 and numbered 22-10/152-62 (“Private Hospitals Decision” or “Decision”) in which it examined the allegations that private health institutions and an association of undertaking (i) (...)

The Chinese Intellectual Property Court of the Supreme Court examines whether a patent dispute settlement agreement constitutes a monopoly agreement and what are the criteria for determining a monopoly agreement (Shanghai Huaming / Wuhan Taipu)
AnJie Broad Law (Beijing)
China 15 contributions 1826 visits
,
AnJie Broad Law (Beijing)
China 2 contributions 58 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Key Issues: What are the criteria for determining a horizontal monopoly agreement? Will a settlement agreement reached by the parties to settle a patent dispute (...)

The Austrian Competition Authority files an application at the cartel court for the imposition of a fine on a cabinet maker (Cabinetmaking Cartel / Norer Tischlereigesellschaft)
Austrian Competition Authority (Vienna)
Austria 63 contributions 7161 visits
AFCA files application to impose fine on joiner/cabinetmaker* In the course of its investigations into the joinery/cabinetmaking industry, the Austrian Federal Competition Authority (AFCA) filed its first application with the Cartel Court on 16 February 2022 to fine one of the investigated (...)

The Belgian Competition Authority imposes a fine of €29.8M on a subsidiary and pharmaceutical wholesaler on account of participation in an alleged cartel between 2003 and 2016 (Pharma Belgium-Belmedis / Febelco / CERP)
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22773 visits
,
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52602 visits
,
Van Bael & Bellis (Brussels)
Belgium 56 contributions 25388 visits
…
The Belgian Competition Authority (BCA) announced today that it imposed a fine of EUR 29.8 million on McKesson subsidiary and pharmaceutical wholesaler Pharma Belgium-Belmedis (PBB) on account of that firm’s participation in an alleged cartel between 2003 and 2016 (see, attached press (...)

The New Zealand Competition Authority coordinates with counterpart international competition authorities to identify potential cartel conduct in global supply chains
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23600 visits
Competition agencies working together to identify potential cartel conduct in global supply chains* The Commerce Commission has joined with international counterparts in a working group focussing on identification of potential cartel conduct in global supply chains. The working group (...)

The Belgian Competition Authority sanctions two pharmaceutical wholesalers for their participation in a cartel and imposes fines of €29.8M following a settlement (Pharma Belgium-Belmedis / Febelco)
Belgian Competition Authority (Brussels)
Belgium 106 contributions 22699 visits
The Prosecution Service of the Belgian Competition Authority sanctions two pharmaceutical wholesalers for their participation in a cartel and imposes fines of €29.8 million following a settlement* The Prosecution Service of the Belgian Competition Authority ("Prosecution Service") has (...)

The Hellenic Competition Authority conducts unannounced inspections in the cosmetics and personal care sector
Hellenic Competition Commission (Athens)
Greece 126 contributions 17178 visits
Unannounced inspections in the cosmetics and personal care sector* Athens, February 18, 2022 - The Hellenic Competition Commission (HCC) has carried out unannounced inspections (dawn raids) at the premises of an undertaking active in the cosmetics and personal care sector. The unannounced (...)

The Australian Competition Authority announces a new working group of the Five Eyes Competition Authorities with a focus on collusion in international trade
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82261 visits
Five Eyes competition authorities to focus on collusion in international trade* Global efforts to prevent anti-competitive conduct from occurring in the supply and distribution of goods will be boosted by a new working group announced today between the ACCC, US Department of Justice and (...)

The UK Competition Authority announces a new working group of Five Eyes Competition Authorities putting companies involved in global supply chains on notice not to collude
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95255 visits
International agencies put supply chains on notice against collusion* A new working group of international competition authorities has put companies involved in global supply chains on notice not to collude. The working group is made up of competition authorities from the “Five Eyes” (...)

The Australian Competition Tribunal denies authorisation for collective bargaining by ten coal producers and their trade body with national port (NSW Minerals Council / Port of Newcastle)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82261 visits
Tribunal denies authorisation for collective bargaining at Port of Newcastle* The Australian Competition Tribunal has today denied authorisation for the NSW Minerals Council and ten mining companies to collectively negotiate the terms and conditions, including price, of access to the Port of (...)

The Italian Competition Authority imposes fines totalling over €10M against companies active in the supply of water meters due to an anti-competitive agreement (G2 Misuratori / Maddalena / Itron Italia / Sensus Italia / WaterTech)
Italian Competition Authority (Rome)
Italy 69 contributions 18280 visits
ICA: fines totaling over 10 million euro against companies active in the supply of water meters due to an anti-competitive agreement* According to the Authority, many tenders launched between 2011 and 2019 by various operators of the Integrated urban water management for the supply of (...)

The US DoJ announces a joint initiative with the FBI to deter and prosecute those who would exploit supply chain disruptions due to COVID-19 to engage in collusive conduct
Hogan Lovells (Washington)
United States 10 contributions 3561 visits
,
Hogan Lovells (Washington)
United States 6 contributions 2812 visits
On 17 February, the Department of Justice (DOJ) Antitrust Division (Antitrust Division) announced that it is launching a joint initiative with the Federal Bureau of Investigation (FBI) to “deter and prosecute those who would exploit supply chain disruptions to engage in collusive conduct.” (...)

The Polish Competition Authority initiates proceedings to fine a leading video surveillance product provider for concealing evidence during a dawn raid (Dahua Technology)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21693 visits
Obstructing a search - the President of UOKiK initiated proceedings on the imposition of a penalty* President of UOKiK Tomasz Chróstny initiated proceedings concerning the imposition of a penalty on Dahua Technology Poland. The company’s actions might have obstructed the search conducted as (...)

The US DoJ and FBI announce an initiative to deter, detect and prosecute those who would exploit supply chain disruptions to engage in collusive conduct
US Department of Justice (Washington)
United States 176 contributions 74195 visits
Department of Justice Announces Initiative to Protect Americans from Collusive Schemes Amid Supply Chain Disruptions* Initiative Puts Business Community on Notice that the Antitrust Division is Looking Out for Companies that Would Exploit Supply Chain Disruptions to Engage in (...)

The US DoJ announces initiative to protect supply chains from anticompetitive behaviour amid global disruptions and persistent inflation
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 5585 visits
,
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 8467 visits
On February 17th, the Department of Justice (DOJ) announced an initiative to protect supply chains from anticompetitive behavior amid global disruptions and persistent inflation. The initiative is yet another example of the Biden Administration’s aggressive approach to antitrust enforcement (...)

The Norwegian Competition Authority conducts investigation into the finance market to discover existence of antitrust infringements
Norwegian Competition Authority (Bergen)
Norway 32 contributions 3919 visits
Inspection in a finance related market* The Norwegian Competition Authority has in February carried out an unannounced inspection in a finance related market. – The Competition Authority has concerns that the conduct of a company in a finance related market may restrict competition. The (...)

The Australian Competition Authority authorises cooperation in the retail goods supply chain for the West and North of the country due to flooding in the South
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82261 visits
ACCC authorises cooperation in retail goods supply chain to WA and NT* The ACCC has granted an urgent interim authorisation permitting the cooperation and sharing of information by companies in the supply chain to ensure critical retail goods, including food supplies, are able to reach (...)

The Hellenic Competition Authority conducts unannounced inspections in the pasta product sector
Hellenic Competition Commission (Athens)
Greece 126 contributions 17178 visits
Hellenic Competition Commission carries out unannounced inspections in the pasta product sector* Athens, February 16, 2022 - Today, the Hellenic Competition Commission (HCC) carried out unannounced inspections (dawn raids) at the premises of nine (9) undertakings active in the supply and (...)

The Ankara Regional Administrative Court 8th Administrative Chamber rules for the stay of execution of the Turkish Competition Authority’s cartel decision because the Authority failed to reach the requisite burden of proof (AKKIM)
ACTECON (Istanbul)
Turkey 27 contributions 9498 visits
,
ACTECON (Istanbul)
Turkey 23 contributions 3928 visits
,
ACTECON (Istanbul)
Turkey 18 contributions 2971 visits
A Critical Approach to Standard of Proof Adopted by the TCA* The Ankara Regional Administrative Court 8th Administrative Chamber (“Regional Court“) recently ruled for the stay of execution of the Turkish Competition Authority’s (“TCA“) cartel decision which has imposed on two undertakings (...)

The Austrian Competition Authority files an application at the Cartel Court to fine two companies for market division in the market for measurement and control technology for building technology systems
Austrian Competition Authority (Vienna)
Austria 63 contributions 7161 visits
AFCA files applications for findings and a fine in relation to two companies engaged in measurement and control technology for building technology systems* The Austrian Federal Competition Authority (AFCA) filed applications with the Cartel Court on 16 February 2022 in relation to two (...)

The US District Court for the Southern District of New York finds that a restrictive distribution system that is established with the intellectual property rights protection enhanced barriers to entry in the market and eventually resulted in antitrust violation (Martin Shkreli)
Gibson Dunn (New York)
United States 20 contributions 11339 visits
,
Gibson Dunn (New York)
United States 1 contribution 23 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 14 January 2022, the Hon. Denise Cote, U.S. District Judge for the Southern District of New York, issued her decision in Federal Trade Commission v. (...)

The Australian Commonwealth Director of Public Prosecutions withdraws criminal cartel charges against 2 banks and 4 senior executives arising from a third bank’s institutional share placement (ANZ / Citigroup / Deutsche Bank)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82261 visits
CDPP withdraws charges in bank criminal cartel case* The Commonwealth Director of Public Prosecutions (CDPP) has today withdrawn charges against Citigroup Global Markets Australia Pty Limited (Citigroup), Deutsche Bank AG and four senior banking executives in relation to criminal cartel (...)

The Hellenic Competition Authority conducts a sector inquiry into the E-Commerce sector
Hellenic Competition Commission (Athens)
Greece 126 contributions 17178 visits
Sector Inquiry into E-Commerce – Second public consultation - teleconference on the Interim Report* Subject: Hellenic Competition Commission’s Sector Inquiry into E-Commerce – Second public consultation/ teleconference on the Interim Report On Wednesday 9 February 2022, the Hellenic (...)

The Dutch Competition Authority requires a pharmaceutical producer of TNF inhibitor to waive quantity conditions on its discounts to purchasing hospitals (Pfizer)
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22773 visits
,
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52602 visits
,
Van Bael & Bellis (Brussels)
Belgium 56 contributions 25388 visits
…
The Dutch competition authority today announced, and at the same time closed, a case concerning pricing strategies against biosimilar competitors. The case concerns the product Enbrel (etanercept - a TNF inhibitor use for treatment of autoimmune diseases), and involves alleged conditional (...)

The Australian Commonwealth Director of Public Prosecutions walks away from a high-profile criminal case in the financial services sector which involves allegations of serious defects in the investigation conducted by the Competition Authority (ANZ / Citigroup / Deutsche Bank)
Ashurst (Sydney)
United States 17 contributions 2347 visits
The Commonwealth Director of Public Prosecutions ("CDPP") has sensationally walked away from the highest profile criminal case in the financial services sector in recent memory after three and a half years of vigorous court battles. The prosecution’s case had been mired in allegations of (...)

The Higher Regional Court of Berlin applies market tipping rules for the first time and prohibits list first rebates offered by leading real estate portal (Immoscout)
Blomstein (Berlin)
Germany 16 contributions 43903 visits
,
Blomstein (Berlin)
Germany 2 contributions 117 visits
The Higher Regional Court of Berlin (Kammergericht, “KG”) ruled that certain exclusivity rebates – so-called ‘list-first’ rebates – granted by real estate portal Immoscout violate German competition law (Case No. U 4/21 Kart). The Immoscout case was decided on the basis of the so-called (...)

The German Competition Authority imposes fines on manufacturers of modular expansion joints for bridges involved in a quota cartel (Maurer / Mageba)
German Competition Authority (Bonn)
Germany 447 contributions 113565 visits
Fines imposed on manufacturers of modular expansion joints for bridges involved in a quota cartel* The Bundeskartellamt has imposed fines totalling around 7.3 million euros on two manufacturers of modular expansion joints (expansion joint systems for road bridges) for engaging in an illegal (...)

The Brazilian courts refuse damage claims based on the Competition Authority’s cement cartel decision on various grounds including lack of civil liability and statute of limitations (Brazilian Cement Cartel)
Cescon, Barrieu, Flesch & Barreto (Sao Paulo)
Brazil 6 contributions 122 visits
,
Cescon, Barrieu, Flesch & Barreto (Sao Paulo)
Brazil 6 contributions 122 visits
Brief summary of facts Antitrust Damage Claims filed by companies active within the civil construction sector in Brazil based on the Brazilian Competition Authority’s (CADE) condemnation of the so-called "Cement Cartel", on 28 May 2014 (resulting in total cartel fines of around BRL 3.1 (...)

The Austrian Competition Authority files an application to impose a fine on a submetering provider (ista Österreich)
Austrian Competition Authority (Vienna)
Austria 63 contributions 7161 visits
AFCA files application to impose fine on submetering provider* In the course of its investigations into the submetering industry, the Austrian Federal Competition Authority (AFCA) filed its first application with the Cartel Court on 8. February 2022 to fine one of the investigated companies, (...)

The Irish Competition Authority publishes its report into potential anticompetitive conduct in the private motor insurance market (AIG / Allianz / AXA / Aviva / FBD / AA)
Irish Competition Authority (Dublin)
Ireland 102 contributions 16039 visits
CCPC publishes report on private motor insurance investigation* The Competition and Consumer Protection Commission (CCPC) has today published the full report on its investigation into potential anticompetitive conduct in the private motor insurance sector. The investigation closed in August (...)

The Turkish Competition Authority concludes anticompetitive investigations on four car manufacturers (Audi / Daimler / Porsche / Volkswagen)
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5360 visits
The investigation concerning Audi AG, Bayerische Motoren Werke AG, Daimler AG, Dr. Ing. h.c. F. Porsche AG and Volkswagen AG concluded (2.2.2022) (8.2.2022)* The investigation concerning Audi AG, Bayerische Motoren Werke AG, Daimler AG, Dr. Ing. h.c. F. Porsche AG and Volkswagen AG, which (...)

The Norwegian Competition Authority conducts inspection into the market for construction services
Norwegian Competition Authority (Bergen)
Norway 32 contributions 3919 visits
Inspection in the market for construction services* The Norwegian Competition Authority has in early February carried out unannounced inspections in the market for construction services. The Competition Authority has concerns that companies in the market for construction services have (...)

The EU Commission reviews its guidelines on vertical restraints within the broader context of the review of the Vertical Block Exemption regulation
Herbert Smith Freehills (Brussels)
Belgium 21 contributions 6805 visits
,
Herbert Smith Freehills (London)
United Kingdom 59 contributions 21013 visits
,
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71639 visits
The European Commission (“Commission”) is currently reviewing its Guidelines on Vertical Restraints (“Vertical Guidelines”) within the broader context of the review of the Vertical Block Exemption Regulation (“VBER”) and consulted on its proposals last year. It has now launched a further (...)

The Hellenic Competition Authority issues decision on a complaint launched against a security services company for cartel activity in a tender process (Mondialpol Hellas / ISS Security)
Hellenic Competition Commission (Athens)
Greece 126 contributions 17178 visits
Decision on the complaint lodged against the companies under the names “MONDIALPOL HELLAS SECURITY SERVICES S.A” and “ISS SECURITY S.A.*” Subject: Decision on the complaint lodged against the companies under the names “MONDIALPOL HELLAS SECURITY SERVICES S.A” and “ISS SECURITY S.A.” (now (...)

The EU Commission issues proposed guidance on information exchange in dual distribution relationships
White & Case (Brussels)
Belgium 20 contributions 10189 visits
,
White & Case (Düsseldorf)
Germany 36 contributions 14326 visits
,
White & Case (Brussels)
Belgium 17 contributions 10740 visits
…
As part of its review of the EU antitrust rules governing vertical agreements, the European Commission (EC) has published for consultation a draft new section of its Vertical Guidelines, which contains proposed guidance on information exchange in "dual distribution" relationships. Reacting to (...)

The EU Commission publishes new draft guidance with regard to exchange of information related to dual distribution
Hogan Lovells (Munich)
Germany 6 contributions 6290 visits
,
Hogan Lovells (Brussels)
Belgium 20 contributions 8691 visits
,
Hogan Lovells (Munich)
Germany 65 contributions 25055 visits
…
The European Commission has published a new draft guidance with regard to exchange of information related to dual distribution. This draft guidance provides valuable dos and don’ts for companies concerning the information exchange in a dual distribution scenario. Any company dealing with dual (...)

The UK Competition Authority fines multiple pharmaceutical companies over £35 million for conducting agreements in the supply of important National Health Service prescription anti-nausea tablets (Alliance Pharmaceuticals / Focus / Lexon)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95255 visits
CMA fines firms over £35m for illegal arrangement for NHS drug* The CMA has fined firms over £35 million for an illegal arrangement in the supply of important NHS prescription anti-nausea tablets. CMA fines firms in relation to an arrangement under which a competitor was paid not to launch a (...)

The UK Competition Authority announces that several firms have been fined a total of over £35M for an anti-competitive arrangement in the supply of important National Health Service prescription anti-nausea tablets (Alliance Pharmaceuticals / Focus / Lexon)
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22773 visits
,
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52602 visits
,
Van Bael & Bellis (Brussels)
Belgium 56 contributions 25388 visits
…
On 3 February 2022, the UK Competition and Markets Authority (CMA) announced that – following an investigation into the conduct of several pharmaceutical firms – it had fined several firms a total of over £35 million for an anti-competitive arrangement in the supply of important National (...)

The South African Competition Authority takes motor vehicle finance institutions to the competition tribunal on allegations of collusion (Firstrand / Wesbank / Toyota Financial Services)
Primerio (Johannesburg)
South Africa 4 contributions 530 visits
South Africa: Motor vehicle finance institutions referred to the Competition Tribunal for alleged collusion* On 3 February 2022, the South African Competition Commission (“SACC”), released a press statement confirming that the SACC has made a referral to the Competition Tribunal (“Tribunal”) (...)

The US DoJ launches an online tool allowing farmers and ranchers to report anticompetitive practices
US Department of Justice (Washington)
United States 176 contributions 74195 visits
Justice Department and U.S. Department of Agriculture Launch Online Tool Allowing Farmers, Ranchers to Report Anticompetitive Practices* Today, the U.S. Departments of Justice and Agriculture (USDA) launched farmerfairness.gov, a new online tool that allows farmers and ranchers to (...)

The Indian Competition Authority fines 7 advertising enterprises for bid rigging and geographical market allocation (Diamond Display Solutions / AGX Retail Solutions / Opal Signs / Avery Dennison / Amreesh Neon / Macromedia Digital Imaging / Hith Impex)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8380 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10218 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10284 visits
KEY POINTS Actual participation in the tender is not a mandatory for a finding of bid rigging in terms of the Act. the absence of loss to the tendering authority due to alleged conduct does not rebut the presumption of an appreciable adverse e-ect on competition (“AAEC”). BRIEF FACTS (...)

The EU General Court confirms the need for arbitration awards to comply with EU competition policy (Gazprom / Polskie Górnictwo Naftowe i Gazownictwo)
Portolano Cavallo (Milan)
Italy 1 contribution 62 visits
,
Portolano Cavallo (Milan)
Italy 63 contributions 9799 visits
,
Portolano Cavallo (Milan)
Italy 1 contribution 62 visits
On February 2, 2022, the General Court ruled in Case T-616/18 dismissing the action brought by a wholesaler active in the gas sector in Poland (PGNG) to annul the Commission’s decision in CASE AT.39816 – Upstream gas supplies in Central and Eastern Europe (the “Commitment Decision”), which (...)

The EU General Court affirms EU Commission’s decision to accept ’light-touch’ commitments from a Russian gas exporter to avoid a fine for anticompetitive behaviour and reverses another Commission decision with similar facts because the rationale was inadequate (Gazprom / Polskie Górnictwo Naftowe i Gazownictwo)
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13948 visits
,
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7584 visits
,
Toyota (Brussels)
Belgium 38 contributions 8066 visits
…
Gazprom: General Court confirms Commission’s commitment decision but annuls a decision based on similar grounds to reject a complaint against Gazprom On 2 February 2022, the General Court of the European Union (the “Court”) issued two judgments which follow the European Commission’s (the (...)

The French Competition Authority fines two ambulance companies for participating in an anticompetitive agreement (Sannac / Mafanel)
French Competition Authority (Paris)
France 741 contributions 394288 visits
The Autorité de la concurrence fines an ambulance company for participating in an anticompetitive agreement* Following an investigation conducted by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) into the medical transport contracts of Val (...)

The US District Court for the Eastern District of North Carolina finds a former engineering firm executive guilty of bid rigging and defrauding the local department of transportation (Contech Engineered Solutions / Brent Brewbaker)
McDermott Will & Emery (Washington)
United States 9 contributions 4563 visits
,
McDermott Will & Emery (Washington)
United States 16 contributions 3088 visits
On February 1, 2022, a federal jury found a former engineering firm executive guilty of conspiring to rig bids and defraud the North Carolina Department of Transportation (NCDOT) of hundreds of public works contracts worth more than $23 million. From at least 2009 through fall 2018, Brent (...)

The Slovenian Competition Authority initiates an administrative proceeding for possible abuse of dominant position in the real estate advertising sector
Slovenian Competition Authority (Ljubljana)
Slovenia 8 contributions 1091 visits
ABUSE OF DOMINANT POSITION: AMO SR initiated an administrative proceeding in the matter of possible abuse of dominant position in relation to providing real estate advertising services in the SR* On 1 February 2022 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of (...)

The US District Court for the Eastern District of North Carolina convicts a former engineering company executive for bid rigging and fraud schemes targeting the North Carolina Department of Transportation on more than 300 aluminium structure projects (Contech Engineered Solutions / Brent Brewbaker)
US Department of Justice (Washington)
United States 176 contributions 74195 visits
Former Engineering Executive Convicted of Rigging Bids and Defrauding North Carolina Department of Transportation* A former executive of Contech Engineered Solutions LLC was convicted today in New Bern, North Carolina, for his participation in bid-rigging and fraud schemes targeting the (...)

The Australian Competition Authority investigates allegations of excessive pricing and selling practices relating to rapid antigen tests for COVID-19
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82261 visits
Update on action on rapid antigen test pricing* The ACCC is continuing to receive a high number of consumer reports about pricing and selling practices relating to rapid antigen tests in Australia and is investigating several potential Australian Consumer Law breaches. The ACCC has (...)

The Italian Competition Authority issues its decision concerning anti-competitive agreements among companies operating in the water meter market (Misuratori / Itron / Maddalena / Watertech)
Portolano Cavallo (Milan)
Italy 63 contributions 9799 visits
,
Portolano Cavallo (Milan)
Italy 10 contributions 814 visits
,
Portolano Cavallo (Milan)
Italy 36 contributions 6802 visits
On February 1, 2022, the Italian Competition Authority (the “AGCM” or the “Authority”) issued its decision in case No. I835, opened in 2019, concerning anti-competitive agreements among companies operating in the water meter market (more information on the proceedings available here). The (...)

The Hellenic Competition Authority imposes a fine on a pharmaceutical association for concerted practices to restrict competition in the pharmaceutical sector (Karditsa Pharmaceutical Association)
Hellenic Competition Commission (Athens)
Greece 126 contributions 17178 visits
Decision No 722/2020 on the imposition of a fine to the Karditsa Pharmaceutical Association (FSK) in the market of pharmaceutical services in the Prefecture of Karditsa* Subject: Decision of the HCC, following a complaint lodged by a pharmacy and related to the market of pharmaceutical (...)

The Italian Competition Authority closes its investigation into resale price maintenance in the market for probiotics following commitments from the alleged transgressor (SOFAR)
Portolano Cavallo (Milan)
Italy 63 contributions 9799 visits
,
Portolano Cavallo (Milan)
Italy 36 contributions 6802 visits
,
University of Bologna
Italy 1 contribution 77 visits
In May 2021, the Italian Competition Authority (AGCM or ICA) launched an investigation into restrictions on resale prices that a pharmaceutical company, SOFAR, was alleged to have imposed upon its distribution network for a probiotic product (Enterolactis Plus). In Europe, agreements or (...)

The Slovak Competition Authority imposes fines totalling almost €33,000 for a cartel in public procurement for construction works in the energy sector (BECO / WR system / STAVOR)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5546 visits
CARTELS: AMO SR imposed fines totalling almost EUR 33 000 for a cartel in public procurement for construction works in energy sector* For the unlawful conduct of undertakings, AMO SR imposed fines and prohibited participation in public procurements. On 22 December 2021 the Antimonopoly (...)

Unilateral Practices

 The Indian Competition Authority orders an investigation into abuse of dominance by a national broadcasting company through discriminatory discounts (Asianet Digital Network / Star India Private / Disney Broadcasting India / Asianet Star Communications)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8380 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10284 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10218 visits
BRIEF FACTS: An information was filed by Asianet Digital Network (P) Ltd. (“Asianet”) against Star India (P) Ltd. (“Star”), Disney Broadcasting (India) Limited (“Disney”) and Asianet Star Communications Private Limited (“ASC”) alleging abuse of dominance. Asianet, is a multi-system operator (...)

The Chinese SAMR fines a national pharmaceutical company $1.4M for resale price maintenance (Geistlich Trading)
AnJie Broad Law (Beijing)
China 15 contributions 1826 visits
,
AnJie Broad Law (Beijing)
China 44 contributions 12340 visits
Beijing AMR fines Geistlich Trading (Beijing) over monopoly agreement* On 28 February 2022, the State Administration for Market Regulation (SAMR) published an administrative penalty decision against Geistlich Trading (Beijing) Co Ltd for engaging in monopoly agreements of resale price (...)

The Spanish Competition Authority fines the national postal company EUR 32.6 Million for abusing its dominant position through rebates (Correos)
Bird & Bird (Madrid)
Spain 29 contributions 4673 visits
On February 18, 2022, the Spanish Competition Authority (“CNMC”) decided to fine the National Postal Company, Correos, EUR 32.6 million after concluding that the application of certain discounts would have had a potential foreclosing effect on the retail market for the provision of traditional (...)

The Spanish Competition Authority fines a company €32.6M for abusing a dominant position in the traditional postal services market (Correos)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30043 visits
The CNMC fines Correos 32.6 million euros for applying an anti-competitive discount system for large customers* This is an abuse of a dominant position prohibited by the Law for the Defence of Competition and the Treaty on the Functioning of the European Union. This conduct would have (...)

The Brazilian Competition Authority suspends exclusivity contracts on wellness platforms market (Gympass / Totalpass)
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
1 contribution 475 visits
,
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
1 contribution 475 visits
The Administrative Council for Economic Defence (CADE) has prohibited corporate wellness platform Gympass from executing exclusivity contracts with its clients. In its decision, the CADE considered such arrangements as potentially exclusionary as they prevent new entrants in the market from (...)

The Brazilian Competition Authority issues an interim decision on exclusivity agreements in the market for gyms (Gympass / Totalpass)
Charles River Associates International (CRA) (São Paulo)
Brazil 4 contributions 5738 visits
,
Charles River Associates International (CRA) (São Paulo)
Brazil 1 contribution 73 visits
Introduction. In 2020, the wellness platform Totalpass filed a complaint before the Brazilian antitrust authority (CADE) claiming that a competitor, Gympass, had imposed exclusivity agreements to more than 80% of the gyms in Brazil, which hindered the entry of new competitors and maintained (...)

The Cypriot Competition Authority imposes a fine of €271,385.11 on a pasteurized cow milk company for abuse of dominance through excessive pricing (Charalambides-Christis)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8437 visits
The Commission for the Protection of Competition imposed a fine on Charalambides-Christis Ltd amounting to €271,385.11 for infringements of article 6(1)(a) of the Protection of Competition Laws and corresponding article 102(a) of the Treaty on the Functioning of the European Union* The (...)

The Higher Regional Court of Berlin rules that an appeal is "manifestly ill-founded" in a case where an online marketplace for homes was offering realtors discounts for exclusively listing properties on its website (ImmoScout)
Hausfeld (Berlin)
Germany 7 contributions 1076 visits
,
Hausfeld (Berlin)
Germany 7 contributions 1912 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In early 2021, the German legislator amended the country’s antitrust law and introduced, inter alia, Sec. 20(3a) to the German Competition Act. The provision (...)

The French Competition Authority fines an electricity supplier €300M for abuse of dominance (Engie / EDF)
University of Paris I Panthéon-Sorbonne
France 396 contributions 454072 visits
The French Competition Authority ("FCA") has fined Électricité de France ("EDF") EUR 300 million for taking advantage of its dominant position as public provider of regulated electricity tariffs. It was found that EDF engaged in conduct with the objective of maintaining its market share in the (...)

The French Competition Authority fines an electricity provider and several of its subsidiaries €300M for abuse of a dominant position (Engie / EDF)
French Competition Authority (Paris)
France 741 contributions 394288 visits
As part of a negotiated procedure, the Autorité fines EDF 300 million euros, and several of its subsidiaries, for abuse of a dominant position* Background Following a complaint from Engie and the carrying out of dawn raids, the Autorité de la concurrence issues today a decision by which it (...)

The Spanish Competition Authority fines the national postal service for €32.6M for offering conditional rebates to certain customers (Correos)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46119 visits
The CNMC fined Sociedad Estatal Correos y Telégrafos, S.A., S.M.E. (Correos), the national postal service company, €32.6 million for the application of an anti-competitive system of discounts to large customers prohibited by Article 2 of the Spanish Competition Act and Article 102 TFEU (...)

The French Competition Authority fines a pet transportation company €65K for abusing its dominant position in the air freight transport of pets to French Polynesia (Goldenway International Pets)
French Competition Authority (Paris)
France 741 contributions 394288 visits
Air freight transport of pets to Polynesia: the Autorité de la concurrence fines a company for abuse of a dominant position* Background Following a report transmitted by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) and an investigation (...)

The Dutch Competition Authority finds that the revised conditions imposed by a Big Tech on dating-app providers are unreasonable and creates barriers to entry (Apple)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34946 visits
ACM: Developing a new app is an unnecessary and unreasonable condition that Apple imposes on dating-app providers* The Netherlands Authority for Consumers and Markets has concluded that the revised conditions that Apple has imposed on dating-app providers are unreasonable, and create an (...)

The UK Competition Authority grants a claim for damages against a railway company (Achilles / Network Rail Infrastructure)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 3199 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 26 contributions 8310 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 13 contributions 3331 visits
…
The Competition Appeal Tribunal (CAT) has granted a claim for damages by Achilles Information Limited (“Achilles”) against Network Rail Infrastructure Limited (“Network Rail”). The Judgment is the CAT’s first damages award arising from a standalone claim since 2016, and follows the CAT’s (...)

The Dutch Competition Authority ceases an investigation into a pharma company after it promises to halt potentially abusive discounting of an arthritis drug (Pfizer)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34946 visits
Drug manufacturer Pfizer to discontinue its steering pricing structure for Enbrel following discussions with ACM* Drug manufacturer Pfizer will no longer persuade hospitals in the Netherlands into purchasing anti-rheumatic drug Enbrel through its discount schemes. Pfizer has informed the (...)

The UK Competition Authority accepts a Big Tech company’s revised offer of commitments relating to its proposed removal of third-party cookies from a browser (Google Privacy Sandbox)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95255 visits
CMA to keep ‘close eye’ on Google as it secures final Privacy Sandbox commitments* The CMA has accepted a revised offer from Google of commitments relating to its proposed removal of third-party cookies from the Chrome browser (known as the Privacy Sandbox proposals). The CMA has secured (...)

The UK Competition Authority accepts a Big Tech company’s commitments in its treatment of third-party cookies (Google Privacy Sandbox)
Van Bael & Bellis (Brussels)
Belgium 10 contributions 1960 visits
On 11 February 2022, the UK’s Competition and Markets Authority (“CMA”) issued its decision to accept the commitments offered by Google in relation to its Privacy Sandbox proposals (“the Decision”). The Decision is noteworthy in several respects. First, it highlights the complicated tradeoffs (...)

The Indian Competition Authority issues a cease and desist order against a limestone logistics company for anti-competitive price determination, limitation and control of supply (CJ Darcl Logistics / Dumper Truck Union)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8380 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10218 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10284 visits
BRIEF FACTS: An information was filed by CJ Darcl Logistics Ltd. (“CJD”) against Dumper and Dumper Truck Union Lime Stone (“DTU”) and All Members of Dumper and Dumper Truck Union Lime Stone (“AMDTU”), collectively (“OPs”) for restrictions imposed by DTU and its members by not letting CJD, a (...)

The Larnaca District Court issues an award of €257K to a grain distributor and retailer as compensation for suffering from predatory pricing (AGS Agrotrading / Cyprus Grain Commission)
Harris Kyriakides (Cyprus)
Cyprus 2 contributions 829 visits
Cyprus Courts issue their first judgment awarding civil law damages for breach of competition laws. In the first decision issued by the Cyprus Courts on damages to a corporation as a result of infringement of competition laws, the Larnaca District Court awarded on 9 February 2022 the total (...)

The EU General Court rules that the Commission may not refer an abuse of dominance case to the Polish Competition Authority because of systemic failings and general deficiencies in the rule of law (Sped-Pro)
DalDeWolf (Brussels)
Belgium 1 contribution 74 visits
The General Court annuls Commission’s decision declining a complaint against a company controlled by Poland, about an abuse of dominant position on the polish market of rail freight transport services. I. The parties The parties of this judgment are Sped-Pro (the applicant), a company (...)

The German Competition Authority preliminarily assesses that an airline company is entitled under competition law to have access to feeder flights operated by a rival to transport its long-haul passengers (Condor / Lufthansa)
German Competition Authority (Bonn)
Germany 447 contributions 113565 visits
Bundeskartellamt preliminarily objects to Lufthansa’s impediment of Condor in the long-haul business* The Bundeskartellamt preliminarily assesses that Condor is entitled under competition law to have access to feeder flights operated by Lufthansa to transport its long-haul passengers. (...)

The German Federal Supreme Court rules that railway infrastructure usage charges by a railway infrastructure maintenance company amount to an abuse of dominance notwithstanding regional factors (DB Netz)
Arnecke Sibeth Dabelstein (Frankfurt)
Germany 3 contributions 132 visits
Facts The plaintiff is claiming repayment from the defendant of train path usage charges paid for the period from December 2009 to December 2010 plus interest insofar as these are based on so-called ’regional factors’ (Regionalfaktoren). The defendant DB Netz AG, the infrastructure (...)

The Croatian Competition Authority fines a dominant buyer of oranges for refusing to pay a supplier (Filip)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19376 visits
UNFAIR TRADING PRACTICES: CCA IMPOSES HRK 60,000 FINE ON MANDARIN ORANGES BUYER FILIP* The Croatian Competition Agency (CCA) opened ex officio infringement proceeding against the mandaring oranges buyer Filip within the meaning of the Act on prohibition of unfair trading practices in the (...)

The Croatian Competition Authority opens an official investigation into the national postal service for potentially abusing its dominant position by charging a levy on customs brokers dealing with international e-commerce orders (Hrvatska Pošta)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19376 visits
CCA OPENS INFRINGEMENT PROCEEDING AGAINST CROATIAN POST* On 3 February 2022 the Croatian Competition Agency (CCA) opened ex officio infringement proceeding against the undertaking HP – Hrvatska pošta d.d. (HP) with its seat in Zagreb to investigate whether HP abused its dominant position (...)

The Slovak Competition Authority imposes a fine of €298,000 on an undertaking for abuse of dominant position in the field of waste management
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5546 visits
ABUSE OF DOMINANT POSITION: AMO SR imposed fine of almost 298 thousand euros for the abuse of dominant position in the field of waste management* AMO SR evaluated the conduct of undertaking as the practice of applying unfair trading conditions. On 31 January 2022 the Antimonopoly Office (...)

The EU General Court rejects an appeal to overturn a Commission decision which made the commitments of a gas company binding to address concerns on the wholesale supply of gas in Central and Eastern Europe (Gazprom)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 29521 visits
The General Court dismisses the action brought against a decision by the Commission to make binding on Gazprom commitments proposed by the latter in order to address competition concerns raised by the former in relation to the national markets for the upstream wholesale supply of gas in the (...)

Mergers

 The Spanish Competition Authority clears the merger of 2 online food ordering companies without commitments (Glovo / Delivery Hero)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30043 visits
The CNMC approves the acquisition of Glovo by Delivery Hero* Delivery Hero specialises in home food delivery in more than 50 countries. Through its app, Glovo makes it easier for local businesses (restaurants, pharmacies, supermarkets, etc.) to sell their products and make home deliveries. (...)

The French Competition Authority unconditionally clears the acquisition of private daycare centres by an international daycare group (Grandir)
French Competition Authority (Paris)
France 741 contributions 394288 visits
The Autorité de la concurrence clears the acquisition of Liveli daycare centres by the Grandir Group, which operates Les Petits Chaperons Rouges daycare centres* Parties to the transaction The Grandir Group has notified the Autorité de la concurrence of its plan to acquire Crèche Attitude, (...)

The Hellenic Competition Authority and the Serbian Competition Authority sign memorandum of partnership for the protection of competition
Hellenic Competition Commission (Athens)
Greece 126 contributions 17178 visits
* Subject: MEMORANDUM OF PARTNERSHIP BETWEEN THE HCC AND THE COMMISSION FOR PROTECTION OF COMPETITION OF THE REPUBLIC OF SERBIΑ The Hellenic Competition Commission, in the context of its strategic planning to strengthen its international presence and influence on shaping competition (...)

The UK Competition Authority raises concerns over a proposed merger between two producers of chemical admixtures (Sika / MBCC)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95255 visits
CMA finds concerns in proposed chemicals merger* The CMA has found that the anticipated purchase of MBCC Group by Sika AG could lead to a loss of competition in the supply of chemical admixtures in the UK. Chemical admixtures are an essential input for products like concrete and cement (...)

The Australian Competition Authority releases a report detailing the findings arising from reviews of six mergers which occurred between 2017 and 2019 (Milemaker / AB Oxford Cold Storage / OfficeMax...)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82261 visits
ACCC examines competition impact of past mergers* The ACCC has released a report detailing the findings arising from reviews of six mergers which occurred between 2017 and 2019, that were not opposed by the ACCC. Reviews of past merger decisions (often referred to as ‘ex post’ merger (...)

The Spanish Competition Authority unconditionally approves a merger between 2 cyber-security software companies (Avast / NortonLifeLock)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30043 visits
The CNMC approves the merger between Norton and Avast* Norton has announced its acquisition of Avast by way of a takeover bid. It approves the merger in the first phase without commitments as it envisages no competition risks. Madrid, February 25, 2022.- The CNMC has granted first phase (...)

The Belgian Competition Authority approves the acquisition of six subsidiary companies operating car dealerships by another car dealership group (Ginion Group / Louyet group)
Belgian Competition Authority (Brussels)
Belgium 106 contributions 22699 visits
The Belgian Competition Authority approves the acquisition of six Ginion Group companies by the Louyet group* On 25 February 2022 the Belgian Competition Authority (BCA) has approved the concentration by which L. Louyet S.A. (hereinafter "the Louyet group") intends to acquire sole control of (...)

The Turkish Competition Authority clears the acquisition for sole control of a porcelain producer by an American private equity firm following divestment commitments (Ferro / American Securities)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81020 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 1 contribution 70 visits
The Turkish Competition Board (“Board”) conditionally approved the acquisition of sole control over Ferro Corporation (“Ferro”) by American Securities LLC (“American Securities”) through its solely controlled affiliate ASP Prince Holdings Inc. (“Prince”). The Board determined that the (...)

The Australian Competition Authority seeks views on court enforceable undertakings proposed by 2 maritime container suppliers in relation to their proposed merger (Cargotec / Konecranes)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82261 visits
ACCC consults on divestiture proposal for Cargotec, Konecranes merger* The ACCC is seeking views on court enforceable undertakings proposed by each of Cargotec and Konecranes in relation to their proposed merger. The proposed undertakings in Australia are based on similar remedies Cargotec (...)

The Italian Competition Authority closes proceedings after accepting commitments related to an acquisition in the wholesale fixed telecommunications markets (FiberCop / TIM / Fastweb / Tiscali / KKR)
Italian Competition Authority (Rome)
Italy 69 contributions 18280 visits
ICA: FiberCop gets the green light. The commitments of TIM, Fastweb, Tiscali and KKR submitted after the start of the proceedings have been accepted* The commitments, positively assessed by the Authority, will make it possible to reduce barriers to the acquisition of operators and support (...)

The EU Commission conditionally clears the merger between 2 providers of cargo and load handling services (Cargotec / Konecranes)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813882 visits
Mergers: Commission clears the merger of Cargotec with Konecranes, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed merger between Cargotec and Konecranes. The approval is conditional on the divestiture of certain businesses. (...)

The US DoJ sues to block a merger between a healthcare technology provider and a health company which would result in the use of competitively sensitive claims data of millions of Americans to reduce competition and innovation (UnitedHealth Group / Change Healthcare)
US Department of Justice (Washington)
United States 176 contributions 74195 visits
Justice Department Sues to Block UnitedHealth Group’s Acquisition of Change Healthcare* Acquisition Would Allow Health Care Giant to Use Competitively Sensitive Claims Data of Hundreds of Millions of Americans to Reduce Competition and Innovation to the Detriment of Health Insurance (...)

The EU General Court dismisses a €1.7B claim for damages brought by a courier delivery services company in which it sought compensation for losses resulting from the Commission’s decision to block a merger with its rival (UPS / TNT)
White & Case (Brussels)
Belgium 17 contributions 10740 visits
,
White & Case (Brussels)
Belgium 17 contributions 7113 visits
,
White & Case (Brussels)
Belgium 20 contributions 10189 visits
…
On 23 February 2022, the EU’s General Court (GC) dismissed a €1.7 billion claim for damages brought by United Parcel Service Inc. (UPS) against the European Commission (EC). UPS sought compensation for the losses resulting from the EC’s decision to block UPS’ merger with TNT NV (TNT). The GC, (...)

The EU General Court dismisses a damages action for €1.74B brought by a courier delivery services company against the Commission for the losses and costs resulting from the annulment of a merger prohibition decision (UPS / TNT)
Ashurst (Brussels)
Belgium 4 contributions 735 visits
On 23 February 2022, the General Court dismissed UPS’s damages action for EUR 1.74 billion against the European Commission for the losses and costs resulting from the annulment of the UPS/TNT merger prohibition decision. Key takeaways Annulment of a merger prohibition decision will not (...)

The Brazilian Competition Authority clears a transaction between two music production companies (Sony Music / Som Livre)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18119 visits
CADE clears the acquisition of Som Livre by Sony Music* The transaction was cleared unconditionally On 23 February, the Administrative Council for Economic Defense (CADE) cleared Sony Music’s acquisition of Som Livre (owned by Globo Group). Sony Music is a Brazilian enterprise part of (...)

The Romanian Competition Authority approves takeover of an authorized car dealership company by a multi-brand car retail company (Colina / Roadhill)
Romanian Competition Council (Bucharest)
Romania 158 contributions 27639 visits
The Competition council approved the taking over of some activities of Colina Motors by Roadhill Automotive SRL* The Competition Council approved the transaction by which Roadhill Automotive SRL intends to take over some activities of Colina Motors SRL., respectively the retail of Ford and (...)

The Brazilian Competition Authority approves investment agreement between market rivals to acquire stake in an intermediate logistics company (Louis Dreyfus Company / Amaggi Exportação e Importação / Sartco / Cargill Agrícola / Dalablog Participações)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18119 visits
CADE approves firms’ investment agreement to acquire stake in Carguero and Green Net* The Tribunal dismissed a third-party appeal and decided to maintain the opinion of the Office of the Superintendent General to clear the transaction On 23 February, the Administrative Council for Economic (...)

The Dutch Competition Authority’s investigation of a merger between two hospitals led the parties to withdraw their application (Erasmus University Medical Center / IJsselland Hospital)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34946 visits
Erasmus University Medical Center and IJsselland Hospital withdraw application for acquisition license* Erasmus University Medical Center (Erasmus MC) in the city of Rotterdam will not acquire IJsselland Hospital located in the town of Capelle aan den IJssel. The hospitals have informed the (...)

The EU Commission finds that Hungary’s decision to block a merger between two insurance firms breached EU law because the Commission has exclusive competence to assess mergers with a Union dimension (AEGON / Vienna Insurance)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813882 visits
Mergers: Commission finds that Hungary’s veto over the acquisition of AEGON’s Hungarian subsidiaries by VIG breached Article 21 of the EU Merger Regulation* The European Commission has concluded that Hungary’s decision to veto the acquisition of the Hungarian subsidiaries of the AEGON Group (...)

The EU Commission finds that Hungary has violated EU merger rules by vetoing an insurance company for the acquisition of a subsidiary (AEGON / Vienna Insurance)
Van Bael & Bellis (Brussels)
Belgium 38 contributions 9429 visits
On 21 February 2022, the European Commission (“Commission”) adopted a decision finding that Hungary had violated Article 21 of the EU Merger Regulation (“EUMR”) by vetoing the Vienna Insurance Group AG Wiener Versicherung Gruppe’s (“VIG”) acquisition of AGEON’s Hungarian subsidiary. In July (...)

The EU Commission releases a decision enforcing its exclusive competence to assess mergers with an EU dimension, notwithstanding a breach of a Member State’s FDI rules (AEGON / Vienna Insurance)
Hogan Lovells (Brussels)
Belgium 20 contributions 8691 visits
,
Hogan Lovells (Budapest)
Hungary 8 contributions 18497 visits
,
Hogan Lovells (Düsseldorf)
Germany 5 contributions 964 visits
…
For the first time ever, the EU Commission has issued a decision on the relationship between EU merger control law and national FDI screening rules. It found that the Hungarian Government’s veto of Vienna Insurance Group’s planned acquisition of the Hungarian subsidiaries of Dutch insurer (...)

The EU Commission overules the Hungarian Competition Authority’s decision to block a merger on the basis of the national foreign direct investment screening regime (Vienna Insurance / AEGON)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46119 visits
Vienna Insurance Group AG Wiener Versicherung Gruppe (VIG) decided to acquire AEGON Group’s subsidiaries in Hungary. The acquisition was prohibited by Hungary on the grounds that it threatened Hungary’s legitimate interests and on the basis of its new emergency FDI screening legislation (...)

The EU Commission blocks Hungary’s attempt to veto a transaction in the insurance sector under FDI rules (AEGON / Vienna Insurance)
Jones Day (Frankfurt)
Germany 17 contributions 3838 visits
,
Jones Day (Paris)
France 9 contributions 1253 visits
,
Jones Day (Brussels)
Belgium 20 contributions 7923 visits
…
In Short The Situation: The European Commission ("EC") issued its first decision ("Decision") regarding the intersection of EU merger control rules and the recent growth in national Foreign Direct Investment ("FDI") regimes. The EC found that the Hungarian government’s decision to block a (...)

The Hungarian Government withdraws veto over acquisition of a national insurer by an Austrian rival (AGEON / Vienna Insurance Group)
Van Bael & Bellis (Brussels)
Belgium 30 contributions 3976 visits
Hungary has withdrawn a 2021 veto against the acquisition of AGEON’s Hungarian subsidiary by Vienna Insurance Group AG (“VIG”). The veto was issued by the Ministry of the Interior under national emergency FDI legislation introduced to address the COVID-19 pandemic while the European (...)

The EU Commission finds that Hungary’s veto over the acquisition of an insurance company’s subsidiaries by an Austrian operator breached Article 21 of the EU Merger Regulation (AEGON / Vienna Insurance)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813882 visits
Mergers: Commission finds that Hungary’s veto over the acquisition of AEGON’s Hungarian subsidiaries by VIG breached Article 21 of the EU Merger Regulation* The European Commission has concluded that Hungary’s decision to veto the acquisition of the Hungarian subsidiaries of the AEGON Group (...)

The Israeli Competition Authority publishes a call for public comments regarding the analysis of conglomerate mergers
Israel Competition Authority (Jerusalem)
Israel 17 contributions 2102 visits
The Israel Competition Authority is publishing a call for public comments regarding the analysis of conglomerate mergers* The Israel Competition Authority is now calling for the public’s consideration with respect to the manner of examining conglomerate mergers and the competitive (...)

The UK Competition Authority opens an in-depth investigation in relation to a merger in the veterinary services sector (CVS / The Vet)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95255 visits
CVS takeover of The Vet raises competition concerns* CVS Group’s completed purchase of The Vet could now be referred for an in-depth investigation after finding that the deal raises competition concerns. The Competition and Markets Authority (CMA) opened its investigation into CVS Group’s (...)

The Slovak Competition Authority approves a horizontal merger in the tech industry to create a joint-venture (AZC / SOFTWAREDISTRIBUTION / ColosseoEAS)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5546 visits
MERGERS: AMO SR approved the merger of undertakings AZC, a.s., BSP SOFTWAREDISTRIBUTION, a.s., and ColosseoEAS, a.s.* AMO SR approved the creation of fully-functional joint venture of undertakings AZC, a.s., BSP SOFTWAREDISTRIBUTION, a.s., and ColosseoEAS, a.s. On 18 February 2022 the (...)

The US FTC approves modifications to a divestiture agreement of a medical device company following a merger with a pharmaceutical supplier (Boston Scientific / BTG)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40096 visits
FTC Approves Modifications to Boston Scientific Corp. Divestiture Agreement* The Federal Trade Commission has approved certain modifications to medical device company Boston Scientific Corp.’s Divestiture Agreements. The FTC approved these agreements and incorporated them into its order as (...)

The Irish Competition Authority issues assessment to two commercial banks in an ongoing merger review (Bank of Ireland / KBC Bank)
Irish Competition Authority (Dublin)
Ireland 102 contributions 16039 visits
CCPC issues assessment to Bank of Ireland and KBC Bank in on-going merger review* As part of its merger review process into the proposed acquisition by The Governor and Company of the Bank of Ireland (Bank of Ireland) of certain assets and liabilities of KBC Bank Ireland plc (M/21/021), the (...)

The Portuguese Competition Authority unconditionally clears a merger between two veterinary clinics (OneVet / CVSP)
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28732 visits
The AdC issued a non-opposition decision to the merger 3/2022 - OneVet / CVSP* On February 18, 2022, exercising the powers conferred on it by Article 19 (1) d) of its statutes, approved by Decree-Law 125/2014 of 18 August, the Board of the AdC decided, under Article 50 (1) b) of the (...)

The US FTC authorises an administrative complaint to block the proposed merger of Rhode Island’s two largest healthcare providers alleging that the deal would lead to higher prices and lower quality care (Lifespan / Care New England Health System)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40096 visits
FTC and Rhode Island Attorney General Step in to Block Merger of Rhode Island’s Two Largest Healthcare Providers* FTC alleges that anticompetitive deal likely to increase price and reduce quality of care for patients The Federal Trade Commission has authorized an administrative (...)

The Australian Competition Authority outlines preliminary competition concerns with a proposed merger between 2 animal health companies (Zoetis / Jurox)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82261 visits
Zoetis’ proposed acquisition of Jurox raises preliminary competition concerns* The ACCC has outlined preliminary competition concerns with Zoetis’ proposed acquisition of Jurox in a statement of issues published today. Zoetis and Jurox develop, manufacture, and sell animal health products (...)

The Australian Competition Authority unconditionally approves an acquisition in the flight simulation training services sector (Ansett Aviation Training / Aviation Training Partners)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82261 visits
Aviation Training Partners’ proposed acquisition of Ansett Aviation Training not opposed* The ACCC will not oppose the proposed acquisition of Aviation Training Holdings Pty Ltd (trading as Ansett Aviation Training (AAT)) by Aviation Training Partners (ATP). AAT is a global provider of (...)

The Mexican Competition Authority announces its position regarding concentration in the lithium market
Mexican Competition Authority (Mexico City)
Mexico 134 contributions 25961 visits
Positioning concerning a concentration in the lithium market* In response to the interest of the media related to various statements regarding the concentration authorized to two foreign companies dedicated to the exploration and exploitation of lithium, the Federal Economic Competition (...)

The Romanian Competition Authority unconditionally approves the acquisition of a car rental company by its competitor (Premium Leasing / Autonom Services)
Romanian Competition Council (Bucharest)
Romania 158 contributions 27639 visits
The Competition Council assesses the taking over of Premium Leasing S.R.L. By Autonom Services S.A.* The Competition Council assesses the transaction by which Autonom Services S.A. intends to take over Premium Leasing S.R.L., part of Țiriac Group. Autonom Services S.A., established in (...)

The Romanian Competition Authority approves the acquisition of an electric motor component manufacturer by a steel component supplier (Kienle + Spiess / Feintool Holding)
Romanian Competition Council (Bucharest)
Romania 158 contributions 27639 visits
The Competition Council approved the taking over of Kiendle + Spiess gmbh, Germany by Feintool Holding gmbh, Germany* The Competition Council approved the transaction by which Feintool Holding GmbH, Germany, takes over Kienle + Spiess GmbH, Germany. Feintool Holding GmbH, Germany, is (...)

The Portuguese Competition Authority unconditionally clears the merger of 2 telecommunications companies (Cabonitel / Grupo MásMóvil)
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28732 visits
The AdC issued a non-opposition decision to the merger 1/2022 - Grupo MásMóvil / Cabonitel* On February 15, 2022, exercising the powers conferred on it by Article 19 (1) d) of its statutes, approved by Decree-Law 125/2014 of 18 August, the Board of the AdC decided, under Article 50 (1) b) (...)

The US FTC issues a statement following the termination of a proposed acquisition of a company in the missile propulsion inputs market (Lockheed Martin / Aerojet Rocketdyne)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40096 visits
Statement Regarding Termination of Lockheed Martin Corporation’s Attempted Acquisition of Aerojet Rocketdyne Holdings Inc.* In response to the announcement that Lockheed Martin Corporation has terminated its proposed acquisition of Aerojet Rocketdyne Holdings Inc., FTC Bureau of Competition (...)

The French Competition Authority unconditionally clears a takeover of 15 stores by a company active in organic food distribution (Salej / Naturalia)
French Competition Authority (Paris)
France 741 contributions 394288 visits
The Autorité clears the takeover of 15 organic stores of the Salej group by Naturalia, a subsidiary of the Casino Group* Background After reviewing the transaction to acquire 15 organic stores from the Salej group by Naturalia, a subsidiary of the Casino group, the Autorité cleared the (...)

The Hellenic Competition Authority approves the proposed merger between two food and beverages import and export companies (Delta / Daniel S. Gatenio & Son)
Hellenic Competition Commission (Athens)
Greece 126 contributions 17178 visits
Clearance of the proposed acquisition of sole control by DELTA SA Industrial and Commercial Food Company Sole Proprietors SA over Daniel S. Gatenio & Son SA Import and Export Company, food and beverages* Subject: Approval of the notification of acquisition of sole control by "DELTA Food (...)

The New Zealand Competition Authority issues a statement of preliminary issues for a proposed acquisition of a medical device distributor (EBOS Medical Devices / LifeHealthcare)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23600 visits
Statement of Preliminary Issues released for EBOS / LifeHealthcare* The Commerce Commission has published a statement of preliminary issues regarding the application from EBOS Medical Devices Australia Pty Limited to acquire the New Zealand LifeHealthcare business. The Statement outlines (...)

The UK Competition Authority fines sports retailers £5M after breaching the rules around a merger blocked by the Authority (JD Sports / Footasylum)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95255 visits
Sports retailers fined almost £5m for breaching CMA order* JD Sports and Footasylum have been fined almost £5 million after breaching the rules around a merger blocked by the CMA. Breaches include the sharing of commercially sensitive information between JD Sports and Footasylum CEOs Failure (...)

The Canadian Federal Court of Appeal confirms that the Competition Tribunal has the power to temporarily block mergers (Secure / Tervita)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10513 visits
Federal Court of Appeal confirms that the Competition Tribunal has the power to temporarily block mergers* Court grants Commissioner’s appeal following Tribunal decision which concluded the contrary The Commissioner of Competition welcomes a recent ruling from the Federal Court of Appeal (...)

The UK Competition Authority imposes its 3 largest fines totalling £56.7M for breaches of initial enforcement orders in connection with 2 mergers in Big Tech and sportswear (JD Sports / Footasylum) (Meta / Giphy)
Ashurst (London)
United Kingdom 18 contributions 6212 visits
Within the last six months, the UK’s Competition and Markets Authority ("CMA") has issued its three largest fines for breaches of an initial enforcement order ("IEO"). These include fines of GBP 50.5 million and GBP 1.5 million for breaches of an IEO imposed in connection with the completed (...)

The German Competition Authority clears the takeover of a petrol station network on the condition that 48 service stations be sold to third companies (EG Group / OMV Retail)
German Competition Authority (Bonn)
Germany 447 contributions 113565 visits
Acquisition of OMV petrol station network by EG Group (Esso) cleared under the condition that 48 service stations be sold to third companies* Today the Bundeskartellamt has cleared plans by EG Group Limited, Blackburn/UK, which operates the ESSO service station network in Germany, to acquire (...)

The Australian Competition Authority clears a proposed acquisition between a pharmaceutical retail company and a pharmaceutical conglomerate (Australian Pharmaceutical Industries / Wesfarmers)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82261 visits
Wesfarmers’ proposed acquisition of API not opposed* The ACCC will not oppose the proposed acquisition of Australian Pharmaceutical Industries (ASX: API) by Wesfarmers (ASX: WES). API is a retailer and wholesaler of pharmaceutical and beauty & personal care products. It owns the (...)

The German Competition Authority clears unconditionally but "with unease" the acquisition of a CRM platform by a social media company (Meta / Kustomer)
German Competition Authority (Bonn)
Germany 447 contributions 113565 visits
Bundeskartellamt clears acquisition of Kustomer by Meta (formerly Facebook)* 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 UK Competition Authority provisionally clears a merger between a major record label and an artist and label services provider (AWAL / Sony)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95255 visits
CMA provisionally clears Sony’s acquisition of AWAL* The CMA has provisionally cleared Sony’s acquisition of AWAL, an ‘artist and label’ (A&L) services provider, following an in-depth merger inquiry. The Competition and Markets Authority (CMA) referred the merger to an in-depth Phase (...)

The Slovak Competition Authority approves a merger between two companies that are active in the provision of healthcare services (Penta / Medical Group)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5546 visits
MERGERS: AMO SR approved the merger of undertakings PENTA INVESTMENTS LIMITED and MEDICAL GROUP SK, a.s.* AMO SR approved a merger grounded in the acquisition of indirect exclusive control over undertaking MEDICAL GROUP SK, a.s., by undertaking PENTA INVESTMENTS LIMITED. On 10 February (...)

The Belgian Competition Authority approves a merger between two water and wastewater management companies (Water-Link / Pidpa)
Belgian Competition Authority (Brussels)
Belgium 106 contributions 22699 visits
The Belgian Competition Authority approves the merger between Water-Link and Pidpa* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) has approved on 8 February 2022 the merger between Water-Link and Pidpa. Water-Link and Pidpa are mandated associations (...)

The Czech Competition Authority imposes fines on a management company for gun jumping (Natland)
Czech Competition Authority (Brno)
Czech Republic 47 contributions 6259 visits
A fine of CZK 1.435 Million was imposed on the undertaking Natland for Alleged "Gun Jumping"* The Office for the Protection of Competition (hereinafter referred to as “the Office”) imposed a fine of CZK 1 435 000 on the undertaking Natland Group, SE, for a concentration between undertakings (...)

The Slovak Competition Authority approves a merger between two large commercial landlords (CPI Property Group / Immofinanz)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5546 visits
MERGERS: AMO SR approved the merger of undertakings CPI PROPERTY GROUP société anonyme and IMMOFINANZ AG* AMO SR approved a merger grounded in the acquisition of exclusive control of undertaking CPI PROPERTY GROUP société anonyme over undertaking IMMOFINANZ AG. On 9 February 2022 the (...)

The Brazilian Competition Authority conditionally approves an acquisition transaction between telecommunication companies (Oi Móvel/Tim/Claro/Vivo)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18119 visits
CADE conditionally approves acquisition of Oi Móvel by firms Tim, Claro, and Vivo* A merger control agreement was imposed to preserve market competition The Administrative Council for Economic Defense (CADE) cleared, subject to remedies, the acquisition of Oi Group’s assets by the (...)

The Canadian Federal Court rules en banc that the Competition Authority is able to seek a temporary pause on a merger whilst the interim pause is debated in court (Secure / Tevita)
Fasken Martineau (Toronto)
Canada 2 contributions 440 visits
,
Fasken Martineau (Toronto)
Canada 3 contributions 481 visits
Canada’s Competition Tribunal has jurisdiction to grant “interim interim” relief in the contested merger context* As discussed in our prior blog post titled “Competition Tribunal Dismisses Request for Interim Interim Order”, the Competition Tribunal (the “Tribunal”) previously found that it (...)

The UK Competition Authority closes Phase II investigation of a semiconductor company by a computer graphics company after the companies abandoned the merger (NVIDIA / Arm)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95255 visits
NVIDIA abandons takeover of Arm during CMA investigation* NVIDIA has abandoned its proposed deal with Arm during the CMA’s in-depth investigation, following its initial finding that the merger could lead to a substantial lessening of competition. The Competition and Markets Authority (CMA) (...)

The Canadian Competition Authority confirms that pre-merger notification transaction-size threshold will remain at $93M in 2022
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10513 visits
Pre-merger notification transaction-size threshold to remain at $93M in 2022* The Competition Bureau confirmed today that in 2022 the pre-merger notification threshold relating to transaction size will remain unchanged following a decision by the Minister of Innovation, Science and Industry (...)

The German Competition Authority clears two competing mergers in a bidding competition to acquire shares in a private credit bureau (SCHUFA Holding)
German Competition Authority (Bonn)
Germany 447 contributions 113565 visits
Acquisition of SCHUFA – Bundeskartellamt clears merger plans in bidding competition* The Bundeskartellamt has cleared two planned mergers notified for examination under merger control in the context of the ongoing bidding competition to acquire shares in SCHUFA Holding AG. The mergers that (...)

The German Competition Authority clears the acquisition of an anti-virus application by a software company without conditions (Avast / NortonLifeLock)
German Competition Authority (Bonn)
Germany 447 contributions 113565 visits
NortonLifeLock can acquire cyber security software provider Avast* The Bundeskartellamt has today cleared plans by NortonLifeLock Inc., Tempe, USA, to acquire the cyber security software provider Avast plc, London, UK. NortonLifeLock and Avast offer cyber security software to private users (...)

The Croatian Competition Authority unconditionally clears the acquisition of a footwear producer by a German fashion company (Snipes / Katapult)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19376 visits
CCA CLEARS SNIPES/KATAPULT MERGER* The Croatian Competition Agency cleared in phase I the concentration between the undertakings in the form of the acquisition of a direct controlling interest on the permanent basis over part of the undertaking Katapult d.o.o. from Zagreb, concretely, its (...)

The UK Competition Authority fines a Big Tech company £1.5M for failure to alert the Authority that key members of staff were leaving the company, which was a requirement under an enforcement order (Meta / Giphy)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95255 visits
CMA fines Meta a second time for breaching enforcement order* Meta has been fined £1.5m after it failed to alert the CMA in advance of key staff leaving the company, which is required by the CMA’s initial enforcement order. It is standard practice for the Competition and Markets Authority (...)

The Slovak Competition Authority approves an acquisition of a wholesaler for electrical products by a producer of those products (Legrand France / EMOS CZ group)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5546 visits
MERGERS: AMO SR approved the merger of undertakings Legrand France S.A. and EMOS CZ group, a.s.* AMO SR approved a merger grounded in the acquisition of exclusive control by undertaking Legrand France S.A. over undertaking EMOS CZ group, a.s., and the group of its subsidiary companies. On (...)

The US FTC approves a pharmaceutical supplier’s petition for prior approval of its acquisition of the chromatography equipment business of a service provider in the pharmaceutical and biopharmaceutical industries (Sartorius Stedim Biotech / Novasep Process)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40096 visits
FTC Approves Sartorius Stedim Biotech S.A.’s Petition for Prior Approval of its Acquisition of the Chromatography Equipment Business of Novasep Process SAS* The Federal Trade Commission has approved a petition from Sartorius Stedim Biotech S.A. to acquire the chromatography equipment (...)

The German Federal Ministry for Economic Affairs and Climate Action allows a merger between a chip supplier and its rival to fail after the FDI screening procedure took too long (GlobalWafers / Siltronic)
Hogan Lovells (Düsseldorf)
Germany 3 contributions 555 visits
,
Hogan Lovells (Brussels)
Belgium 8 contributions 1906 visits
,
Hogan Lovells (Düsseldorf)
Germany 5 contributions 964 visits
All good things are worth waiting for? Not in the case of the planned takeover of Munich-based chip supplier Siltronic by its Taiwanese rival GlobalWafers. After more than a year of intense FDI screening, the Federal Ministry for Economic Affairs and Climate Action let the deal fail. (...)

The Maltese Competition Authority proceeds to a phase II investigation over the acquisition of land for supermarket sites (Lidl / Said Investments / Scotts)
Malta Competition and Consumer Affairs Authority (Ħamrun)
Malta 14 contributions 847 visits
Opening of a Phase II Investigation* The Office for Competition started a phase II investigation on the proposed acquisition by Lidl Immobiliare Malta Limited of some of the buildings belonging to Said Investments Limited and leases belonging to Scotts Limited to operate ‘Lidl’ supermarkets (...)

State Aid

 The UK High Court rules that an exemption on a sugar import tariff does not constitute state aid (British Sugar)
Van Bael & Bellis (Brussels)
Belgium 153 contributions 33909 visits
,
Van Bael & Bellis (Brussels)
Belgium 10 contributions 1932 visits
,
Van Bael & Bellis (Brussels)
Belgium 1 contribution 199 visits
…
UK High Court rules on sugar advance tariff quota On 24 February 2022, the United Kingdom High Court (the “High Court”) rejected British Sugar’s contention that the sugar advance tariff quota breached Article 10 of the Protocol on Ireland/Northern Ireland (the “Protocol”) on State aid or the (...)

The UK High Court issues a first judgment on the application of State rules under the Northern Ireland Protocol and the new UK subsidy control regime
Ashurst (Brussels)
Belgium 37 contributions 8987 visits
On 24 February 2022, the UK High Court issued the first judgment on the interpretation of EU State aid rules under the Northern Ireland Protocol and the new UK subsidies regime (the "Judgment"). Key takeaways After Brexit, UK measures (including tariff measures) can still be subject to EU (...)

The EU Commission approves 2022-2027 regional aid map for Cyprus
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813882 visits
The European Commission has approved under EU State aid rules Cyprus’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, adopted by the Commission on 19 April 2021 and in force since 1 (...)

The EFTA Surveillance Authority approves Iceland’s regional aid map for 2022-2027
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
ESA approves Iceland’s regional aid map for 2022-2027* The EFTA Surveillance Authority (ESA) has today approved a new map proposed by Iceland designating areas eligible to receive regional aid. The EEA Agreement contains rules that allow for state aid to support the economic development of (...)

The EU Commission issues a decision which states that risk finance aid in the form of tax relief based on the GBER must be limited to private investors
Maastricht University
Belgium 353 contributions 64054 visits
Risk Finance* Risk finance aid in the form of tax relief based on the GBER must be limited to private investors. Introduction Decisions of the European Commission authorising aid for risk finance are very rare. This is the consequence of the success of the Commission to get Member States (...)

The EFTA Surveillance Authority adopts revised climate, energy and environmental guidelines
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
State aid: ESA adopts revised climate, energy and environmental guidelines* The EFTA Surveillance Authority (ESA) has today adopted revised Guidelines on state aid for Climate, Environmental Protection and Energy (CEEAG). ESA will apply these when assessing state aid granted by Iceland, (...)

The EFTA Surveillance Authority approves amendments to two Norwegian aid schemes for the sports and voluntary sectors due to the COVID-19 outbreak
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
COVID-19 pandemic: ESA approves amendments to two Norwegian aid schemes for the sports and voluntary sectors* The EFTA Surveillance Authority (ESA) has today approved amendments to two aid schemes: one compensating voluntary organisations, and another compensating voluntary organisations (...)

The EU Commission proposes a chip act to confront semiconductor shortages and strengthen Europe’s technological leadership
Jones Day (Brussels)
Belgium 28 contributions 8523 visits
,
Jones Day (Brussels)
Belgium 6 contributions 5193 visits
,
Jones Day (Brussels)
Belgium 30 contributions 21635 visits
…
In Short The Background: The recent semiconductor shortage, COVID-related supply chain disruptions, and trade tensions have exposed the European Union’s ("EU") dependency on chips made in other continents. The Development: The European Commission ("EC") has proposed legislation—the EU (...)

The EU Commission approves a 2022-2027 regional aid map for Portugal
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813882 visits
State aid: Commission approves 2022-2027 regional aid map for Portugal* The European Commission has approved under EU State aid rules Portugal’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 EFTA Surveillance Authority approves amendments to an Icelandic support scheme for businesses amidst the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
COVID-19 pandemic: ESA approves amendments to Icelandic support scheme for businesses* The EFTA Surveillance Authority (ESA) has today approved amendments to an Icelandic aid scheme offering resilience grants to eligible companies and self-employed individuals. The resilience grants scheme (...)

The EFTA Surveillance Authority approves an aid scheme for Icelandic businesses that have suffered losses due to restrictions in opening hours in the context of the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
COVID-19 pandemic: ESA approves aid scheme for Icelandic businesses that have suffered losses due to restrictions in opening hours* The EFTA Surveillance Authority (ESA) has today approved an Icelandic scheme offering direct grants to companies in the restaurant sector for income losses due (...)

The EU Commission approves a €1.7 billion German measure to recapitalise a national airport in the context of the COVID-19 pandemic (Flughafen Berlin Brandenburg)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813882 visits
State aid: Commission approves €1.7 billion German measure to recapitalise Flughafen Berlin Brandenburg in the context of the coronavirus pandemic* The European Commission has approved German plans to grant up to €1.7 billion for the recapitalisation of Flughafen Berlin Brandenburg Gmbh (...)

Procedures

 The EU General Court dismisses a €1.7B damages claim for a failed merger blocked by the Commission and later cleared by the Court of Justice (UPS / TNT)
Willkie Farr & Gallagher (Paris)
France 15 contributions 24169 visits
,
Willkie Farr & Gallagher (London)
United Kingdom 1 contribution 172 visits
,
Willkie Farr & Gallagher (Brussels)
Belgium 4 contributions 2609 visits
…
The General Court of the European Union Dismisses a EUR 1.7 Billion Damages Claim Against the European Commission For a Failed Merger* On 23 February 2022, the General Court of the European Union (the "General Court") issued a landmark judgment dismissing a request to hold the European (...)

The EU Court of Justice rules that an undertaking active in a particular market is able to act as an intervenor when a decision against a merger in that market is appealed (Fastweb / Iliad Italia)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7584 visits
ECJ rules that an undertaking active in a market affected by a merger can intervene in the appeal of a merger clearance decision On 22 February 2022, the European Court of Justice (“ECJ”) granted telecoms operator Fastweb SpA leave to intervene in Case T-692/20 in support of Iliad Italia (...)

The US Court of Appeals for the Sixth Circuit questions the implications of "Certificate of Need" laws for market competition (Tiwari / Friedlander)
Sheppard Mullin (Century City)
United States 9 contributions 1791 visits
,
Sheppard Mullin (Washington)
United States 4 contributions 907 visits
Sixth Circuit Questions Efficacy of State “Certificate of Need” Laws, Question Whether Reduces Competition The Sixth Circuit Court of Appeal recently voiced skepticism of Kentucky’s Certificate of Need (“CON”) laws while simultaneously ruling that they met the Fourteenth Amendment’s (...)

The US District Court for the Eastern District of California holds that California’s anti-reverse payment law is enforceable, but only against settlements negotiated or completed in California (Association for Accessible Medicines / Rob Bonta)
White & Case (Washington)
United States 1 contribution 322 visits
,
White & Case (Washington)
United States 11 contributions 1638 visits
,
White & Case (Washington)
United States 9 contributions 3642 visits
…
In February 2022, the US District Court for the Eastern District of California held that California Assembly Bill 824—which established a first-of-its kind presumption that certain pharmaceutical patent settlements are anticompetitive and which the California Attorney General had previously (...)

The EU General Court annuls the decision of the Commission rejecting a complaint against a State-owned logistics operator concerning its alleged abuse of dominance on the market for rail freight transport services in Poland (PKP Cargo)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 29521 visits
The General Court annuls the decision of the Commission rejecting a complaint against PKP Cargo, a company controlled by the Polish State, concerning an alleged abuse of its dominant position on the market for rail freight transport services in Poland* The General Court examines for the (...)

The EU General Court rules that the Commission must ensure a “best placed” national competition authority can safeguard fundamental rights (Sped-Pro)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7584 visits
,
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13948 visits
In its Sped-Pro judgment of 9 February 2022, the General Court of the European Union (“General Court”) for the first time examined the impact of deficiencies in the rule of law in an EU Member State on determining which competition authority in the EU is best placed to examine a complaint (...)

The French Supreme Court confirms the Paris Court of appeal decision annulling the seizure of a number of correspondence exchanged between employees of a company by the Competition Authority, expanding the scope of the “French legal privilege”
Paris Bar
France 3 contributions 972 visits
,
Cleary Gottlieb Steen & Hamilton (Paris)
France 11 contributions 18796 visits
,
Cleary Gottlieb Steen & Hamilton (Paris)
France 1 contribution 350 visits
January 31, 2022 On January 26, 2022, Cleary Gottlieb obtained an important decision from the French Cour de cassation ruling for the first time that internal documents summarizing/forwarding outside counsel’s advice in connection with anticipated litigation are protected by the secret (...)

The EU General Court dismisses a truck manufacturer’s action and maintains the Commission’s fine of €880.52M for participation in a cartel (Scania)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 29521 visits
The General Court dismisses Scania’s action and maintains the fine of €880.52 million imposed by the Commission for Scania’s participation in a cartel between truck manufacturers* The General Court provides clarification on, first, the legality of a ‘hybrid’ procedure combining the (...)

The EU General Court upholds the Commission’s decision to fine a truck manufacturer €880.5M for its participation in the truck manufacturers’ cartel (Scania)
Ashurst (Brussels)
Belgium 4 contributions 735 visits
On 2 February 2022, the General Court upheld the European Commission’s decision to fine Scania EUR 880.5 million for its participation in the truck manufacturers’ cartel. Key takeaways The Commission is entitled to use a "hybrid" procedure to adopt a settlement decision with cartelists (...)

The EU General Court confirms the case law on the presumption of innocence in cartel cases where only some parties are given leniency for cooperation (Scania)
Van Bael & Bellis (Brussels)
Belgium 15 contributions 2971 visits
On 2 February 2022, the General Court of the European Union delivered a judgment in which it upheld the European Commission’s (“Commission”) decision to impose a fine of €880.5 million on Scania for participating in a cartel for 14 years with five other truck manufacturers (Case T-799/17, (...)

The EU General Court annuls the Commission’s decision to reject a complaint lodged by a Polish wholesaler for alleged abuse of dominance by a Russian producer and supplier of natural gas (Gazprom / Polskie Górnictwo Naftowe i Gazownictwo)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 29521 visits
The General Court annuls the Commission’s decision to reject a complaint lodged by a Polish wholesaler* The Commission failed to respect the Polish wholesaler’s procedural rights in the proceedings which led to the adoption of that decision Between 2011 and 2015, the European Commission (...)

Regulatory

 The Belgian Parliament passes a law implementing the ECN+ directive notably reinforcing the leniency program and empowering investigative tools
Van Bael & Bellis (Brussels)
Belgium 41 contributions 11068 visits
Belgium implements ECN+ Directive and reforms competition rules On 7 March 2022, a law of 28 February 2022 reforming the Belgian competition rules (“Law”) was published in the Belgian Official Journal. This Law, which will enter into force in the coming days, will implement Directive 2019/1, (...)

The Australian Competition Authority seeks public feedback on potential new rules for large digital platforms
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82261 visits
Feedback sought on potential new rules for large digital platforms* The ACCC is seeking views from consumers, businesses and other parties on options for legislative reform to address concerns about the dominance of digital platforms. A discussion paper, released today, outlines options (...)

The EU Commission proposes a Data Act to enhance data access and sharing within the Union
Jones Day (Brussels)
Belgium 17 contributions 4774 visits
,
Jones Day (Brussels)
Belgium 11 contributions 3709 visits
,
Jones Day (Frankfurt)
Germany 3 contributions 676 visits
…
On February 23, 2022, the European Commission ("Commission") published a proposal for a Data Act which aims at enhancing data access and use within the European Union ("EU"). The Data Act will be applicable to both personal and non-personal data, and will be relevant for all companies (...)

The UK Competition Authority designates a Big Tech company as a grocery retailer to protect suppliers (Amazon)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95255 visits
CMA designates Amazon as a grocery retailer to protect suppliers* The CMA has announced that industry rules setting out how grocery retailers should treat their suppliers will now apply to Amazon. Amazon.com, Inc’s (Amazon) increasing activity in the UK groceries’ sector in recent years (...)

The US President Joe Biden issues an executive order requiring that project labor agreements have specific terms pertaining to strikes and lockouts, dispute resolution methods and other mechanisms for cooperation between labor and management
1 contribution 213 visits
,
McDermott Will & Emery (New York)
United States 1 contribution 213 visits
A project labor agreement (PLA) is a collective bargaining agreement between a contractor and the building trade union on a specific construction project. PLAs are negotiated before any workers are hired, and they establish the terms of employment on a project. Executive Order (EO) 14063, (...)