January 2022

General antitrust

 The US FTC extends the deadline for public comment on supply chain disruptions by 30 days
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40406 visits
FTC Extends Deadline for Public Comment on Supply Chain Disruptions* The Federal Trade Commission is extending by 30 days the deadline to submit comments as part of the agency’s inquiry into supply chain disruptions. The deadline was originally January 29, 2022; it is now February 28, 2022. (...)

The US FTC submits a comment to the Food and Drug Administration in response to a request for comment on a proposed rule on establishing over-the-counter hearing aids
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40406 visits
FTC Comment to Food and Drug Administration Supports Agency’s Proposed Rule on Establishing Over-the-Counter Hearing Aids* The Federal Trade Commission staff has submitted a comment to the Food and Drug Administration (FDA) in response to FDA’s request for comment on its proposed rule on (...)

The Japan Competition Authority publishes a report on potential competition issues in price-setting of IPOs
White & Case (Tokyo)
Japan 21 contributions 3382 visits
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White & Case (Tokyo)
Japan 20 contributions 3288 visits
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White & Case (Tokyo)
Japan 21 contributions 3382 visits
On January 28, 2022, the Japan Fair Trade Commission ("JFTC") published a report "Understanding the reality of the public offering price setting process in the initial public offerings (IPOs)" ("Report"). The Report was prepared to examine whether there are any issues under competition policy (...)

The French Competition Authority starts ex officio proceedings to analyse competition conditions in the cloud computing sector
French Competition Authority (Paris)
France 743 contributions 395641 visits
The Autorité de la concurrence starts proceedings ex officio to analyse competition conditions in the cloud computing sector* During his hearing on 12 January 2022 before the French National Assembly (Assemblée nationale), Benoit Cœuré indicated that the digital sector would be one of the (...)

The Hungarian Competition Authority publishes report of its inquiry into the supply and distribution of rapid COVID-19 tests, and recommends a shortening of value-chains and a possible price cap
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 19133 visits
GVH makes competition-boosting recommendations to remedy the high prices of COVID rapid tests* 25 January 2022, Budapest - The Hungarian Competition Authority (GVH) has completed its accelerated sector inquiry into the domestic market for coronavirus rapid tests. In addition to high prices, (...)

The OECD issues an update to its transfer pricing guidelines which is primarily based on the profit split method, hard-to-value intangibles and financial transactions
Arendt & Medernach (Luxembourg)
Luxembourg 1 contribution 539 visits
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Arendt & Medernach (Luxembourg)
Luxembourg 1 contribution 539 visits
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Arendt & Medernach (Luxembourg)
Luxembourg 1 contribution 539 visits
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On 20 January 2022, the Organisation for Economic Cooperation and Development (OECD) issued an update to its July 2017 Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations (Transfer Pricing Guidelines). There are significant changes to the guidance in respect of (...)

The EU Commission publishes its final report on a consumer Internet of Things sector inquiry which confirms its preliminary findings related to high entry barriers and the issues around access to data
Herbert Smith Freehills (Brussels)
Belgique 116 contributions 71819 visites
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Herbert Smith Freehills (Brussels)
Belgium 44 contributions 17690 visits
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Intelingo Language Services
1 contribution 582 visits
On 20 January 2022 the European Commission (“Commission“) published its final report on the consumer Internet of Things (“IoT“) sector inquiry, largely confirming its preliminary findings issued in July 2021. These include concerns around high market entry barriers, the influence on the market (...)

The EU Commission publishes its final report on the consumer Internet of Things ahead of the final ’DMA’ negotiations, indicating material competition concerns in digital assistant markets
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7650 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 14100 visits
On 20 January 2022, the European Commission (“Commission”) issued its (short) final report on the sector inquiry into consumer Internet of Things (“Report”), along with an explanatory Commission staff working document. The Report identifies various practices that may limit competition and (...)

The EU Parliament adopts the amended draft of the Digital Services Act with several last-minute changes
Hogan Lovells (Hamburg)
Germany 1 contribution 292 visits
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Hogan Lovells (Hamburg)
Germany 1 contribution 292 visits
In December 2020, the EU Commission had published its first draft for the Digital Services Act (DSA) – laying the foundations for its ambitious plan to reshape Europe’s digital future. The proposed legislation will bring a comprehensive package of harmonized rules for the Internet economy (...)

The EU Commission publishes its final report on the consumer ’Internet of Things’ sector inquiry
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826028 visits
Antitrust: Commission publishes final report on consumer Internet of Things sector inquiry* The European Commission has published today the findings of its competition sector inquiry into the consumer Internet of Things (IoT). The final report and its accompanying staff working document (...)

The EU Commission publishes its final report closing the sector inquiry on the consumer ’Internet of Things’
Portolano Cavallo (Milan)
Italy 63 contributions 9846 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 6824 visits
On January 20, 2022, the European Commission (“Commission”) published its final report closing the sector inquiry launched in July 2020 on the consumer Internet of Things (“IoT”). The report gives an overview of trends and competition issues in the European landscape. It is based on answers (...)

The Austrian Competition Authority publishes a paper on the "Reductions of Fines under the Leniency Programme"
Austrian Competition Authority (Vienna)
Austria 63 contributions 7225 visits
AFCA publishes paper on “Reductions of Fines under the Leniency Programme”* The leniency programme is a highly efficient tool that has been essential for many years to combat breaches of the ban on cartels (§ 1 of the Austrian Cartel Act – KartG, Article 101 TFEU). It is effective in two (...)

The German Competition Authority provides guidance on sustainability initiatives and agreements amongst competitors in the food retail industry
Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 3 contributions 801 visits
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Cleary Gottlieb Steen & Hamilton (Cologne)
Belgium 4 contributions 870 visits
FCO Provides Guidance On Sustainability Agreements* With the examination of two sustainability cooperations concerning living wages in the banana sector as well as the expansion of an animal welfare initiative, the German Federal Cartel Office (“FCO”) provided further guidance for the (...)

The Latvian Government approves competition law amendments that strengthen the Competition Authority’s independence and enforcement powers
Latvian Competition Council (Riga)
Latvia 123 contributions 23831 visits
The independence of the Competition Council will be strengthened* At its meeting on 14 December 2021, the Cabinet of Ministers approved amendments to the Competition Law (hereinafter - the draft law) with the aim of strengthening the Competition Council (hereinafter - the CC), providing the (...)

The Icelandic Competition Authority publishes opinion on the operational and competitive conditions at airports
Icelandic Competition Authority
8 contributions 1521 visits
ICA directs recommendations to authorities regarding Isavia and the competitive environment at Keflavik Airport* The Icelandic Competition Authority (ICA) has published an opinion concerning the operational environment of Isavia ohf. and competitive conditions at Keflavik International (...)

The Lithuanian Competition Authority identifies four priority sectors for its antitrust monitoring, enforcement and advocacy actions
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20213 visits
Lithuanian Competition Authority identifies four priority sectors* In the strategic plan 2022 the Lithuanian Konkurencijos taryba has identified four priority sectors. The authority is planning to monitor more closely competition restrictions in the labour market, health sector (including (...)

The US FTC adjusts for inflation the maximum civil penalty dollar amounts for violations of 16 provisions of law under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40406 visits
FTC Publishes Inflation-Adjusted Civil Penalty Amounts for 2022* The Federal Trade Commission has adjusted the maximum civil penalty dollar amounts for violations of 16 provisions of law the agency enforces, as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act (...)

The New York State Senate Committee votes on an expansive antitrust bill
Constantine Cannon (New York)
United States 2 contributions 447 visits
UPDATE: New York’s Groundbreaking Antitrust Bill Is Reported Out of Committee and Advances to the Senate Floor Calendar* New York took a step closer to launching an antitrust revival in the state today as the New York Senate Consumer Protection Committee voted to send S933A—a groundbreaking (...)

The Cypriot Competition Authority publishes its annual report for 2020 noting particularly the introduction of a new IT system and the large number of merger cases evaluated
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8470 visits
The Annual Report of the Commission for the Protection of Competition for the year 2020* The Annual Report of the Competition Commission for the year 2020 presents the work and actions of the Commission during an extremely demanding year with unprecedented changes in working conditions for (...)

The US DoJ AG Merrick B. Garland issues a statement of principles and commitments with the Secretary of Agriculture to protect against unfair and anticompetitive practices in the agriculture sector
US Department of Justice (Washington)
United States 176 contributions 74913 visits
Justice Department and Agriculture Department Issue Shared Principles and Commitments to Protect Against Unfair and Anticompetitive Practices* Speaking at a White House event focused on competition in agriculture, Attorney General Merrick B. Garland and Secretary of Agriculture Tom Vilsack (...)

Anticompetitive practices

 The Hellenic Competition Authority issues decision in relation to an investigation into the market for the provision of catering services to migrants/refugees
Hellenic Competition Commission (Athens)
Greece 128 contributions 17293 visits
Decision No 767/2022 – Ex officio investigation in markets concerning the provision of catering services to migrants/ refugees (Settlement Procedure)* Subject: Decision following Article 25a of Law 3959/2011 and the Hellenic Competition Commission Decision No 704/2020 on the ex officio (...)

The UK High Court time-bars a €480M follow-on damages claim against a smart card chip cartel after ruling that the claimants had sufficient information to support a reasonable claim when the EU Commission issued its statement of objections to the defendants (Gemalto / Thales / Infineon / Renesas)
Ashurst (London)
United Kingdom 14 contributions 2473 visits
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Ashurst (London)
United Kingdom 7 contributions 1350 visits
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Ashurst (London)
United Kingdom 3 contributions 577 visits
The English High Court has ruled that, on the facts of the case, claimants Gemalto had sufficient information about the smart card chips cartel to support a reasonable claim for damages at the point at which the European Commission issued its statement of objections to defendants Infineon and (...)

The US District Court for the District of Colorado acquits a Denver-based healthcare company and its former CEO on no-poach agreements in alleged violation of the Sherman Act (DaVita / Thiry)
Dechert (Philadelphia)
United States 3 contributions 714 visits
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University of Chicago - Law School
United States 1 contribution 253 visits
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Dechert (Chicago)
United States 1 contribution 253 visits
Key Takeaways Colorado federal jury acquitted a healthcare company and its former CEO of antitrust charges that they violated the Sherman Act by entering into agreements with other health care companies not to recruit each other’s employees. As an early test of the Antitrust Division’s 2018 (...)

The US DOJ in a landmark case indicts and brings to trial a healthcare company and its former CEO for employee no-poach agreements (DaVita / Thiry)
McDermott Will & Emery (Chicago)
United States 4 contributions 2021 visits
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McDermott Will & Emery (Chicago)
United States 3 contributions 760 visits
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McDermott Will & Emery (Washington)
United States 9 contributions 4581 visits
In a landmark case of first impression, the US Department of Justice’s (DOJ) Antitrust Division (Division) indicted and brought to trial a federal criminal prosecution alleging agreements between DaVita, Inc., its former CEO Kent Thiry and other companies not to solicit each other’s employees. (...)

The Finnish Competition Authority publishes updated guidelines on leniency for providing information on cartels
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12577 visits
The FCCA up­dated the guide­lines on im­mu­nity from penalty pay­ment and re­duc­ing the penalty pay­ment* The Finnish Competition and Consumer Authority (FCCA) has updated the guidelines on immunity from penalty payment and reducing the penalty payment in cartel cases. According to the (...)

The German Competition Authority rejects a sustainability agreement in the milk sector as it raises competition concerns
Cleary Gottlieb Steen & Hamilton (Cologne)
Belgium 4 contributions 870 visits
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Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 3 contributions 801 visits
On January 18, 2022, the German Federal Cartel Office (“FCO”) published a press release of its review of two sustainability initiatives (see our blog post here). Only a week later, on January 25, 2022, the FCO provided further guidance for the implementation of sustainability initiatives under (...)

The New Caledonian Competition Authority fines four agricultural companies for price fixing and conspiring to reduce discounts but grants the firms leniency for cooperation (Agridis / Agicenter / Marconnet / Céres)
New Caledonia Competition Authority (Noumea)
New Caledonia 29 contributions 2972 visits
Penalty of FCFP 54 million for illegal agreement on prices and discounts in the agricultural sector by the companies Agridis, Agicenter, Marconnet and Céres (Decision No. 2022-PAC-01 of January 25, 2022)* Under the terms of this decision, the Autorité sanctions an illegal agreement, contrary (...)

The German Competition Authority provides guidance on the conditions under which sustainability goals in cooperation agreements between competitors may be sufficient to exempt such agreements from the prohibition against anti-competitive agreements under German provisions and the TFEU
Ashurst (Munich)
Germany 9 contributions 1750 visits
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Ashurst (Frankfurt)
Germany 15 contributions 4180 visits
On 18 January 2022 and 25 January 2022, the German Federal Cartel Office ("FCO") published two press releases which provide guidance on the conditions under which sustainability goals in cooperation agreements between competitors may be sufficient to exempt such agreements from the prohibition (...)

The Austrian Supreme Court denies that a licensor infringed Article 101 TFEU as defendant on the grounds that intention to seal off national markets was unproven (Sky)
Van Bael & Bellis (Brussels)
Belgium 3 contributions 374 visits
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Van Bael & Bellis (Brussels)
Belgium 28 contributions 5363 visits
In its judgment of 25 January 2022, the Austrian Supreme Court granted a request by Sky, a pay-tv provider holding an exclusive licence for the broadcasting of UEFA Champions League football matches in Austria, to prohibit an inn in Austria from showing such games via a third-party pay-tv (...)

The Croatian Competition Authority fines the national distributor of a major producer of POV cameras for concluding agreements with retailers which forced sales only to end users, agreements which are per se anticompetitive (Spinnaker distribucija)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19447 visits
CCA FINES SPINNAKER HRK 350,000,00 FOR INFRINGEMENT OF COMPETITION RULES* The Croatian Competition Agency found that the undertaking Spinnaker distribucija d.o.o. breached competition rules in the distribution market for POV action cameras in the territory of the Republic of Croatia by the (...)

The German Competition Authority provides guidance on when sustainability goals can justify horizontal cooperation agreements in the food retail sector
Van Bael & Bellis (Brussels)
Belgium 24 contributions 4828 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 1 contribution 497 visits
On 18 and 25 January 2022, the German Federal Cartel Office (“FCO”) issued two press releases concerning cooperation agreements in the food industry, which provide insight into when the pursuit of sustainability objectives may be sufficient to exempt such agreements from the cartel prohibition (...)

The Danish Competition Authority fines four more nightclubs for participating in a market sharing cartel (Disco Cartel)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35939 visits
Four more nightclubs are fined for market sharing agreement* In December 2021 a large number of nightclubs and their jointly owned purchasing company accepted to pay fines for infringing the Danish Competition Act. Now four more nightclubs have accepted fines. The infringements for the (...)

The German Competition Authority rejects the national milk producers’ proposed uniform mark-up system for ensuring a minimum guaranteed income level for all raw milk producers as the conduct amounts to price fixing
Hogan Lovells (Munich)
Germany 65 contributions 25111 visits
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Hogan Lovells (Düsseldorf)
Germany 11 contributions 4189 visits
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Hogan Lovells (Düsseldorf)
Germany 4 contributions 1199 visits
1. Introduction 1.1 Competitor cooperations in pursuit of sustainability and human rights, or to reach broader ESG (Environment – Social – Governance) goals, have become a key element for companies’ global business strategies. In this context, “green competition law”, i.e. the intersection (...)

The US DOJ signals tougher enforcement of antitrust law and a more aggressive pursuit of criminal charges
Hausfeld (New York)
United States 12 contributions 2872 visits
In July 2021 President Biden issued a landmark Executive Order on Competition. “The heart of American capitalism,” the President explained, “is a simple idea: open and fair competition.” But he also warned that “capitalism without competition isn’t capitalism; it’s exploitation.” He stressed (...)

The Hellenic Competition Authority conducts a public inquiry on the e-commerce sector
Hellenic Competition Commission (Athens)
Greece 128 contributions 17293 visits
Public consultation on the HCC’s e-commerce sector inquiry on Wednesday 9/2/2022* Subject: Public consultation (teleconference) on the HCC’s e-commerce sector inquiry on Wednesday 9/2/2022 The Hellenic Competition Commission (‘HCC’) invites you to the second public consultation in the (...)

The Estonian Competition Authority terminates antitrust infringement proceedings against a digital learning company due to absence of market power to influence the market (Star Cloud)
Estonian Competition Authority (Tallinn)
Estonia 12 contributions 1496 visits
The Estonian Competition Authority terminated the proceedings against Star Cloud OÜ, which operates the Opiq environment* The Estonian Competition Authority terminated the proceedings against Star Cloud OÜ, which develops the digital learning materials and publishing platform Opiq, as it did (...)

The Turkish Competition Authority concludes an investigation on price and market sharing antitrust infringements by a broadcasting company (Krea İçerik Hizmetleri)
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5439 visits
Investigation concerning Krea İçerik Hizmetleri ve Prodüksiyon AŞ concluded (20.1.2022) (21.1.2022)* The investigation which was initiated upon the claim that Krea İçerik Hizmetleri ve Prodüksiyon A.Ş. (Digiturk), through its pricing conduct related to commercial packages including Turkish (...)

The Hellenic Competition Authority issues settlement decision following investigation into the market for installation and maintenance of elevators
Hellenic Competition Commission (Athens)
Greece 128 contributions 17293 visits
Decision No 750/2021 – Ex officio investigation in the market of the installation and maintenance of elevators (Settlement Procedure)* Subject: Decision following Article 25a of Law 3959/2011 and the Hellenic Competition Commission (“HCC”) Decision No 704/2020 on the ex-officio investigation (...)

The Czech Competition Authority imposes repeated fines for cartel activity in the information technology sector (Olomouc IT)
Czech Competition Authority (Brno)
Czech Republic 47 contributions 6325 visits
The office imposed repeated fines for the IT Cartel in Olomouc, amounting to almost CZK 80 Million* The Office for the Protection of Competition (hereinafter referred to as “the Office”) re-imposed fines on members of the so-called cartel, as the previous decision was annulled in the (...)

The Swiss Competition Authority fines a German tobacco producer for a longstanding vertical distribution agreement which sought to secure absolute territorial protection (Pöschl)
Lenz & Staehelin (Zurich)
Switzerland 1 contribution 685 visits
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Lenz & Staehelin (Zurich)
Switzerland 11 contributions 2480 visits
Competition Commission penalises German tobacco company for territorial restrictions in distribution agreements* The Competition Commission (ComCo) has once again imposed penalties on a foreign company for including/maintaining absolute territorial protection clauses in its distribution (...)

The Hong Kong Competition Authority commences proceedings against four undertakings and an individual for a price-fixing cartel in the travel services sector (Gray Line / Take How / Wu / Harbour Plaza 8 Degrees / Prudential Hotel)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11382 visits
Competition Commission takes travel services sector price-fixing cartel case to Competition Tribunal* The Competition Commission (“Commission”) has today commenced proceedings in the Competition Tribunal (“Tribunal”) against four undertakings and one individual, namely: Gray Line Tours of (...)

The Higher Regional Court of Düsseldorf grants an athlete access to the Paralympic Games based on German competition law (International Paralympics Committee)
Hogan Lovells (Munich)
Germany 3 contributions 1343 visits
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Hogan Lovells (Munich)
Germany 2 contributions 205 visits
1. Introduction In its decision of 20 January 2022, the Higher Regional Court of Düsseldorf (the “Court”) dealt with a case of a professional female snowboarder who sought admission to the 2022 Paralympic Games in Beijing. This admission had previously been denied by the later defendant, (...)

The Slovenian Administrative Court evaluates the evidence submitted in a leniency application following a finding of an anticompetitive infringement in the market for waste management (Surovina / Dinos / Salomon / Recikel)
Rojs, Peljhan, Prelesnik & partnerji (Ljubljana)
Slovenia 4 contributions 180 visits
By the decision No. 3062-5/2017 as of 30 December 2019 (“the Decision”), the Slovenian Competition Protection Agency (“the Agency”) established that undertakings Surovina, Dinos, Salomon and Recikel (collectively: “Undertakings”) had concluded an agreement having an object to prevent, restrict (...)

The Turkish Competition Authority imposes a €173.8M fine on retail grocery chains and suppliers for resale price maintenance (Savola / A101 / Carrefour / Migros...)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81295 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 12 contributions 2997 visits
(1) Introduction On January 19, 2022, Turkish Competition Authority (“Authority”) has published a highly anticipated decision of the Competition Board (“Board”) regarding the investigation against retail grocery chains and suppliers of such chains, active in the fields of retail food and (...)

The German Competition Authority concludes its examination into whether an initiative to introduce living wages in the banana sector and an initiative to expand animal welfare to include cattle fattening could raise competition concerns
German Competition Authority (Bonn)
Germany 447 contributions 113860 visits
Achieving sustainability in a competitive environment – Bundeskartellamt concludes examination of sector initiatives* The Bundeskartellamt has concluded the examination of two separate business cooperations and sustainability initiatives: An initiative launched by the German retail sector (...)

The Hong Kong Competition Authority and Police conduct dawn raid of property management firm suspected of anticompetitive conduct during tendering process
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11382 visits
Competition Commission and Hong Kong Police conduct joint operation on maintenance project of an industrial building in Tuen Mun* The Competition Commission (Commission) and the Organized Crime and Triad Bureau (OCTB) of the Hong Kong Police today conducted a joint operation which involved a (...)

The Canadian Competition Authority fines a national construction company $761,967 after it pleaded guilty in a Toronto condo refurbishment bid-rigging scheme (CPL Interiors)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10694 visits
CPL Interiors fined $761,967 after pleading guilty in GTA condo refurbishment bid-rigging scheme* Construction company CPL Interiors Ltd. was fined $761,967 today after pleading guilty before the Ontario Superior Court for its role in a criminal bid-rigging conspiracy. The bid-rigging scheme (...)

The Canadian Competition Authority fines interior company $750,000 for participating in criminal bid-rigging (CPL Interiors)
Steve Szentesi Law Professional Corporation
France 55 contributions 14438 visits
CPL Interiors Fined More Than $750,000 In Toronto Condo Refurbishment Bid-Rigging Case* On January 17, 2021, Canada’s Competition Bureau (Bureau) announced that CPL Interiors Ltd. (CPL) was fined $761,967 after pleading guilty before the Ontario Superior Court for participating in a criminal (...)

The Canadian Competition Authority brings closure to a case against a Toronto construction company for bid rigging and collusion in the condo refurbishment market (CPL Interiors)
Journal of Parliamentary and Political Law (Ottawa)
49 contributions 21037 visits
Canada’s Competition Bureau (Bureau), which assists the Commissioner of Competition (Commissioner) in the administration and enforcement of the Competition Act (Act) , announced on 17 January 2022 that CPL Interiors Ltd. (CPL) was fined $761,967 (CAN) after pleading guilty for its role in a (...)

The Hellenic Competition Authority conducts a dawn raid in the market for sunflower, cotton and maize seeds
Hellenic Competition Commission (Athens)
Greece 128 contributions 17293 visits
Dawn Raid of the Hellenic Competition Commission in the markets for sunflower, cotton and maize seeds* Subject: Dawn Raid of the Hellenic Competition Commission in the markets for sunflower, cotton and maize seeds and the markets for plant protection products On the 14th of December 2021, (...)

The US District Court for the Southern District of New York imposes a lifetime ban against a pharmaceutical executive and requires $65M payment for antitrust violation (Martin Shkreli)
Rutgers University (New Brunswick)
United States 26 contributions 24858 visits
On January 14, 2022, the U.S. District Court for the Southern District of New York imposed a lifetime ban on “Pharma Bro” Martin Shkreli, perhaps the most notorious “bad actor” in the pharmaceutical industry, and required that he pay $65 million in excess profits he obtained from (...)

The US FTC issues a statement made by Chair Lina M. Khan following the imposition of a lifetime ban against a pharmaceutical executive (Martin Shkreli)
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40406 visits
Statement of Chair Lina M. Khan on the Ruling by Judge Denise L. Cote Federal Trade Commission et al v. Vyera Pharmaceuticals, LLC et al* Today, U.S. District Court Judge Denise Cote held “Pharma Bro” Martin Shkreli liable for antitrust claims brought by the Federal Trade Commission and a (...)

The French Competition Authority fines two joint service offices and several of their members who are all court bailiffs for cartel practices (Bureau de signification de Paris / Société civile de moyens des études et groupement des huissiers de justice de Seine-Saint-Denis)
Autorité de la concurrence (Paris)
France 743 contributions 395641 visites
The Autorité de la concurrence hands down fines for cartel practices to two joint service offices and several of their members, all court bailiffs in Paris and Seine-Saint-Denis départements* Background Following the complaint from court bailiffs’ offices, today the Autorité issues two (...)

The Austrian Competition Authority files an application to have a company engaged in the production of school bags fined for cartel activity
Austrian Competition Authority (Vienna)
Autriche 63 contributions 7225 visites
AFCA files application to impose a fine on school bag retailer* On 13 January 2022 the Austrian Federal Competition Authority (AFCA) filed an application with the Cartel Court to fine a company for an infringement of Article 101 TFEU and § 1 para. 1 of the Austrian Cartel Act. AFCA (...)

The UK Competition Authority disqualifies a pharmaceutical company director due to his involvement in illegal sharing of commercially sensitive information about the antidepressant nortriptyline (Pritesh Sonpal / Lexon)
UK Competition & Markets Authority - CMA (London)
United Kingdom 388 contributions 95709 visits
CMA disqualifies pharma director* The CMA has secured the disqualification of a pharmaceutical company director, in connection with his involvement in illegal anti-competitive practices. Pritesh Sonpal – a former director of the pharmaceutical wholesaler Lexon – will be disqualified from (...)

The Czech Competition Authority terminates antitrust proceedings with a natural gas transportation company following amendment of the relevant legislation (NET4GAS)
Czech Competition Authority (Brno)
République tchèque 47 contributions 6325 visites
The Chairman of the office for the protection of competition terminated the proceedings with the undertaking Net4gas because of the favourability of the subsequent legislation* Chairman of the Office for the Protection of Competition (hereinafter referred to as ’’the Office’’), Petr Mlsna, (...)

The Polish Competition Authority fines 6 truck dealers and 8 managers for concluding agreements that limit competition (Trucks Cartel)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21832 visits
Truck dealer cartels - two decisions of the UOKiK President* UOKiK President Tomasz Chróstny issued two decisions concerning agreements limiting competition between truck dealers. Purchasers of these vehicles have not had a free choice of dealer for many years and have paid inflated prices. (...)

The United States District Court for the Northern District of Illinois to hear a lawsuit against elite universities for price fixing financial aid to prospective students (Brown University / California Institute of Technology / University of Chicago / Columbia University / Cornell University / Dartmouth College)
Constantine Cannon (Washington)
United States 4 contributions 677 visits
Elite Universities Face Price-Fixing Allegations* A potential class of more than 170,000 former students that received financial aid to attend 16 of the top universities in the United States may be entitled to hundreds of millions of dollars in damages, according to a complaint recently (...)

The US DoJ announces from its ongoing investigation that 3 more sellers from a major online retail platform plead guilty to price fixing DVDs and Blu-ray discs (Morris Sutton / Emmanuel Hourizadeh / Raymond Nouvahian / Amazon Marketplace)
US Department of Justice (Washington)
United States 176 contributions 74909 visits
Three Amazon Marketplace Sellers Plead Guilty to Price Fixing DVDs and Blu-Ray Discs in Ongoing Investigation* A New Jersey man and two New York men pleaded guilty yesterday to fixing the prices of DVDs and Blu-Ray Discs sold on the Amazon Marketplace. According to court documents filed in (...)

The Norwegian Competition Tribunal agrees with the Competition Authority that providers of security products have behaved collusively by sharing sensitive information and market partitioning, accordingly the tribunal upholds a substantial fine (Verisure / Sector Alarm)
Norwegian Competition Authority (Bergen)
Norway 32 contributions 3949 visits
Final judgment in the Verisure case* Verisure has paid the fine of NOK 766 million for illegal cooperation with the competitor Sector. Verisure has decided not to appeal the decision, which means that the case is now final on behalf of the Norwegian Competition Authority. On 25 November (...)

The Mexican Competition Authority investigates possible monopolistic practices in the market of integration, installation, maintenance, and commercialization of equipment, accessories and spare parts for the exploitation of industrial gases in the national territory
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26240 visits
COFECE investigates possible monopolistic practices in the market of integration, installation, maintenance and commercialization of equipment, accessories and spare parts for the exploitation of industrial gases in the national territory* The Investigative Authority has indications to suppose (...)

The Czech Competition Authority imposes a fine on a garden equipment company for vertical restraints on resale price maintenance (Garland distributor)
Czech Competition Authority (Brno)
République tchèque 47 contributions 6325 visites
The undertaking Garland harmed consumers, and it now faces a fine of almost CZK 100 Million* In its first instance decision, the Office for the Protection of Competition (hereinafter referred to as ’’the Office’’) imposed a fine of CZK 96,751,000 on GARLAND distributor, s.r.o. for vertical (...)

The Australian Competition Authority issues a statement declaring that it is closely monitoring the pricing of rapid antigen tests
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82533 visits
Media Statement on pricing of rapid antigen tests* The ACCC is aware of the significant public concern about the pricing of rapid antigen tests and is contacting suppliers and monitoring the situation very closely. The ACCC will be examining claims that the current pricing levels of rapid (...)

The Czech Competition Authority imposes a record fine of €3.7M on a garden machinery and equipment supplier for resale price maintenance (Garland)
Dentons (Prague)
Czech Republic 1 contribution 363 visits
In a bold start into the New Year, on 4 January 2022 the Czech Competition Authority (UOHS) imposed a fine of approx. EUR 3,7 million (CZK 96,8 million) for resale price maintenance on GARLAND distributor, s.r.o., a supplier of garden machinery, equipment and hobby tools in the Czech Republic. (...)

The Slovak Competition Authority fines three cartel members €9M for bid rigging in construction projects for the national electricity grid
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5577 visits
CARTELS: AMO SR imposed fines of almost EUR 9 million for a cartel in public procurement in energy sector* AMO SR imposed almost 9 mil. fine on three cartel participants. On 30 December 2021 the Antimonopoly Office of the Slovak Republic, the Division of Cartels, (hereafter “the Office“) (...)

Unilateral Practices

 The US District Court for the Northeastern District of New York dismisses a drug manufacturer’s claim against a rival which it alleged blocked entry into the market for a medication administered through pre-loaded syringes (Novartis / Regeneron)
Constantine Cannon (Washington)
United States 4 contributions 793 visits
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Constantine Cannon (New York)
United States 3 contributions 719 visits
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Constantine Cannon (New York)
United States 3 contributions 1061 visits
A Nearsighted Approach to Product Market Definition: Court Rejects Low-Cost Rival’s Antitrust Claims Alleging Novartis Blocked Competition in the Sale of Eye-Disease Treatments* One antitrust case we have been watching closely is the patent-related antitrust suit filed by biotechnology (...)

The EU General Court annuls most of the Commission’s decision to impose a fine of € 1.06 billion on a semiconductor company for abuse of dominance on the global market for x86 processors (Intel)
Van Bael & Bellis (Brussels)
Belgium 28 contributions 5363 visits
General Court overturns Commission’s Intel decision On 26 January 2022, the General Court of the European Union annulled most of the decision of the European Commission (“Commission”), which had imposed a fine of € 1.06 billion on Intel for having abused its dominant position on the worldwide (...)

The EU General Court annuls the Commission’s decision finding that rebates granted by a large semiconductor chip manufacturer resulted in an abuse of dominance (Intel)
Van Bael & Bellis (Brussels)
Belgium 29 contributions 23993 visits
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Van Bael & Bellis (Brussels)
Belgium 11 contributions 5871 visits
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Van Bael & Bellis (Brussels)
Belgium 191 contributions 65837 visits
In a judgment issued today, the General Court of the European Union has annulled the part of the EU Commission’s decision of 13 May 2009 finding that rebates granted to Intel’s major OEM customers infringed Article 102 TFEU. The Court also annulled the fine of € 1.06 billion imposed on Intel. (...)

The EU General Court annuls a €1.06B fine imposed by the Commission on a chip maker based on economic evidence (Intel)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 4 contributions 1439 visits
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De Brauw Blackstone Westbroek (Amsterdam)
Netherlands 2 contributions 3280 visits
Three’s a charm for Intel: On judicial review of economic evidence to rebut a legal presumption* In 2009, the European Commission imposed what was then a record-breaking fine of EUR 1.06 billion on Intel for abuse of dominance. Intel’s initial action for annulment was dismissed by the (...)

The EU General Court annuls in part the Commission’s decision which imposed a fine of €1.06B on the world’s largest semiconductor chip manufacturer for applying an abusive rebate policy (Intel)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46236 visites
In May 2009, the EC levied a fine on Intel of €1.06 billion for breaching Article 102 TFEU. The abuse of dominant position happened when Intel granted discounts to CPU makers on condition that they bought all of the x86 processors from Intel. Furthermore, Intel had also made payments at (...)

The EU General Court partially annuls the Commission’s decision to impose a €1.06B fine on a semiconductor chip manufacturer for its abuse of dominance (Intel)
Ashurst (London)
United Kingdom 34 contributions 16826 visits
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Ashurst (London)
United Kingdom 21 contributions 4308 visits
On 26 January 2022, the General Court ("GC") partially annulled the European Commission’s decision to impose a EUR 1.06 billion fine on Intel for abusing its dominant position ("Decision"). The fine was annulled in full. Applying the principles outlined in the European Court of Justice’s (...)

The EU General Court annuls a €1.06B fine on a chip-maker for concluding conditional rebates, emphasising the critical role that economic analysis plays in rebate cases (Intel)
McDermott Will & Emery (Paris)
France 134 contributions 66049 visits
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McDermott Will & Emery (Brussels)
Belgium 22 contributions 4804 visits
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McDermott Will & Emery (Paris)
France 32 contributions 7521 visits
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At the start of the year, companies offering or considering offering rebates were given further guidance on the limits of such practices. The GCEU’s judgment of January 26, 2022 annulled the EUR 1.06 billion fine against Intel Corporation (Intel) in the 2009 EC decision. The judgment is the (...)

The EU General Court annuls the Commission’s decision which found that a semiconductor chip manufacturer had abused its dominant position and imposed a fine of €1.06B (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 60 contributions 26219 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 68 contributions 31805 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 38 contributions 13069 visites
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On January 26, 2022, the EU General Court (the Court) annulled the European Commission’s (the Commission) decision that Intel had abused its dominant position regarding its x86 central processing unit (CPU) computer chips and the imposition of a €1.06 billion fine. The judgment demonstrates (...)

The EU General Court overturns the Commission’s decision to fine a semiconductor chip manufacturer for €1.06 billion for abusing its dominant position (Intel)
Shearman & Sterling (Brussels)
Belgique 21 contributions 10118 visites
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Shearman & Sterling (London)
Royaume-Uni 23 contributions 14054 visites
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Shearman & Sterling (London)
Royaume-Uni 30 contributions 14053 visites
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This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 26 January 2022 the General Court (GC) issued its latest judgment in the Intel case, faulting fundamental aspects of the Commission’s original decision (...)

The EU General Court overturns a €1.06B fine on a chipmaker for anticompetitive rebates on the grounds that the Commission failed to provide sufficient evidence of a foreclosure effect (Intel)
WilmerHale (Brussels)
Belgium 6 contributions 2188 visits
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WilmerHale (Brussels)
Belgium 3 contributions 757 visits
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WilmerHale (Brussels)
Belgium 1 contribution 25 visits
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This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On January 26, the General Court (GC) of the European Union issued a judgment on remand, annulling the €1.06 billion fine that the European Commission (EC) (...)

The EU General Court annuls the Commission’s landmark decision fining a semiconductor company for €1.06B for abuse of dominant position (Intel)
Jones Day (Brussels)
Belgium 30 contributions 21683 visits
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Jones Day (Frankfurt)
Germany 17 contributions 3856 visits
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Jones Day (Brussels)
Belgium 17 contributions 4789 visits
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The EU General Court ("GC") annulled the European Commission’s €1.06 billion antitrust fine imposed on Intel in 2009 for allegedly abusing its dominant position in x86 Central Processing Units ("CPUs") by offering loyalty rebates to customers, excluding competitors such as AMD. The GC held (...)

The EU General Court confirms the critical role of robust economic analysis in abuse of dominance cases (Intel)
Oxera (London)
United Kingdom 13 contributions 12038 visits
After more than two decades, the Intel saga may have finally ended with the General Court’s judgment of 26 January 2022. The judgment—which had at its core the use of the ‘as-efficient competitor’ test in the context of loyalty rebates―confirms the critical role of robust economic analysis in (...)

The EU General Court delivers a message regarding application of as efficient competitor test and holds that the evidence and assumptions used as inputs to this test should be robust (Intel)
Oxera (London)
United Kingdom 13 contributions 12038 visits
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Oxera (Brussels)
Belgium 1 contribution 30 visits
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Oxera (Brussels)
Belgium 6 contributions 18865 visits
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This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. This article has originally been published as Oxera (2022), ’Intel and the AEC test: ‘Do. Or do not. There is no try.’’, Agenda, 24 February. After more than (...)

The EU General Court annuls in part the Commission’s decision imposing a fine of €1.06B on the world’s largest semiconductor chip manufacturer (Intel)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 29911 visits
The General Court annuls in part the Commission decision imposing a fine of € 1.06 billion on Intel* The Commission’s analysis is incomplete and does not make it possible to establish to the requisite legal standard that the rebates at issue were capable of having, or likely to have, (...)

The Dutch Competition Authority imposes periodic penalties on a Big Tech company for non-compliance with its earlier decision finding abuse of dominance against developers of dating apps by limiting their choice of a payment system (Apple)
Van Bael & Bellis (Brussels)
Belgium 2 contributions 488 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 14100 visits
On 24 January 2022, the Dutch Authority for Consumers and Markets (“ACM”) decided to impose periodic penalties on Apple for its failure to comply with a decision of 24 August 2021 requiring Apple to change its App Store payment rules. In that decision, the ACM found that Apple had abused its (...)

The US DoJ Antitrust Division Deputy Assistant Attorney General Richard Powers reveals that the DoJ intends to investigate and pursue alleged criminal violations against individuals or companies who violate Section 2 of the Sherman Act
McDermott Will & Emery (Washington)
États-Unis 36 contributions 5943 visites
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Arnold & Porter Kaye Scholer (Brussels)
Belgium 64 contributions 98672 visits
What Happened On March 2, 2022, the US Department of Justice (DOJ) Antitrust Division Deputy Assistant Attorney General Richard Powers revealed that the DOJ intends to investigate and pursue alleged criminal violations against individuals or companies who violate Section 2 of the Sherman (...)

The Spanish Competition Authority initiates disciplinary proceedings against a company for abuse of dominance in the exploitation of intellectual property rights of publishers and authors of musical and audiovisual works (SGAE)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30123 visits
The CNMC initiates disciplinary proceedings against SGAE for possible abuse of dominant position* It is investigating possible anti-competitive practices in the markets for the management of the intellectual property rights of authors and publishers of audiovisual and musical works. These (...)

The EU General Court awards €1.8M compensation in favour of a German telecommunications company against the EU Commission for failure to repay default interest from wrongful assessment of abuse of dominant position in the Slovak market for broadband (Deutsche Telekom)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 29911 visits
The General Court awards Deutsche Telekom compensation in the amount of approximately € 1.8 million for the harm which it suffered as a result of the European Commission’s refusal to pay it default interest on the amount of the fine which it had unduly paid for an infringement of competition (...)

The Norwegian Competition Authority closes investigation into restaurant food ordering platforms (Foodora)
Norwegian Competition Authority (Bergen)
Norway 32 contributions 3949 visits
Decision in Foodora case: exclusivity agreements with restaurants not allowed* The Norwegian Competition Authority is closing its investigation of Foodora as the company has agreed not to use exclusivity agreements or exclusive practices towards restaurants regarding the use of Foodora’s (...)

The US Court of Appeals for the DC Circuit hears an appeal brought by 48 State Attorney Generals against a ruling by a District Court in a Big Tech refusal to deal case (Meta)
White & Case (Washington)
United States 14 contributions 4087 visits
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White & Case (Washington)
United States 1 contribution 212 visits
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White & Case (Washington)
United States 34 contributions 19276 visits
Application of the Proper ‘Outer Boundary’ of Antitrust Liability for Alleged Refusals to Deal in New York v Facebook* Introduction The States brought an antitrust complaint against Facebook alleging that various conduct violated Section 2 of the Sherman Act. The ICLE brief addresses the (...)

The US State of New York AG leads a multi-State coalition in appealing the District Court’s dismissal of their lawsuit against a social media company for its monopoly (Facebook)
Office of the New York State Attorney General (Albany)
United States 2 contributions 874 visits
Attorney General James Leads Multistate Coalition in Continuing Fight to End Facebook’s Illegal Monopoly* NEW YORK – New York Attorney General Letitia James today led a bipartisan coalition of 48 attorneys general from around the nation in continuing to fight to end Facebook’s illegal (...)

The German Competition Authority holds consultations on a Big Tech company’s proposals for dispelling competition concerns in the press sector (Google News Showcase)
German Competition Authority (Bonn)
Germany 447 contributions 113860 visits
Google News Showcase – Bundeskartellamt holds consultations on Google’s proposals for dispelling competition concerns* Google has proposed measures to dispel the Bundeskartellamt’s competition concerns in the authority’s ongoing proceeding to examine the Google News Showcase online service. (...)

The US District Court for the District of Columbia denies a Big Tech firm’s motion to dismiss the FTC lawsuit alleging an unlawful monopoly acquired through killer acquisitions and barring nascent competitors from their platform (Facebook)
Bona Law (San Diego)
United States 22 contributions 3602 visits
Observations on the Court’s Rejection of Facebook’s Motion to Dismiss the FTC’s Amended Antitrust Complaint* The FTC filed an antitrust lawsuit against Facebook (now Meta Platforms Inc.). Judge James E. Boasberg dismissed it. The FTC then filed an amended complaint. And the same judge just (...)

The US District Court for the District of Columbia rejects a social network’s Motion to Dismiss in a lawsuit brought by the FTC which seeks to claim the firm abused its dominance by acquiring potential future rivals (Meta)
Constantine Cannon (New York)
United States 3 contributions 732 visits
FTC’s Antitrust Suit Against Facebook Survives Motion to Dismiss* On January 11, 2022, the U.S. District Court Judge James Boasberg denied Facebook’s motion to dismiss the FTC’s Amended Complaint which alleges that Facebook maintained a monopoly in personal social service network market in (...)

The Spanish Commercial Court of Madrid finds that the national football federation has abused its dominant position by implementing an unfair tendering procedure and orders the organisation to pay damages (Royal Spanish Football Federation / Mediapro)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46236 visites
The Judgment has found the RFEF liable for abusive conduct contrary to Articles 102 TFEU and 2 of the Spanish Competition Act. The Court further ordered the RFEF to pay compensation for damages. By way of background, Mediapro had filed a lawsuit before the Court against RFEF arguing a breach (...)

The Indian Competition Authority orders an investigation into a Big Tech firm for allegedly abusing its dominant position by forcing certain practices on digital publishers (Google / Digital News Publishers Association)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8419 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10261 visits
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Samvad Partners (Mumbai)
76 contributions 7161 visits
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KEY POINTS In a well-functioning democracy, the critical role played by news media cannot be undermined, and it needs to be ensured that digital gatekeeper firms, such as Google, do not abuse their dominant position to harm the competitive process of determining a fair distribution of (...)

The Romanian Competition Authority sanctions six undertakings for bid rigging with fine of LEI 2,52M (Upipsa / Axa / Uzina Rominex / Uzitnet Industry / Prelmet / Industrial Repairs and Assembly of Excavators)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27963 visits
The competition council sanctioned six undertakings with fine of LEI 2,52 Million for Bids Rigging The Competition Council sanctioned six undertakings with fines totalling lei 2,521,087 (approx. Euro 521,000 ) for rigging the bids within the tenders organized by Societatea Complexul (...)

The German Competition Authority determines that a Big Tech company is of paramount significance for competition across markets (Google / Alphabet)
Van Bael & Bellis (Brussels)
Belgium 59 contributions 14100 visits
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Van Bael & Bellis (Brussels)
Belgium 24 contributions 4828 visits
According to a press release of 5 January 2022, the German Federal Cartel Office (“FCO”) has decided that Alphabet Inc., including its subsidiary Google (“Google”), is of paramount significance for competition across markets pursuant to Section 19a of the German Act against Restraints of (...)

The Polish Competition Authority fines a German supermarket for forcing suppliers to accept unfavourable contract terms, applying unfair retrospective discounts and mislabelling products to suggest domestic production (Kaufland Polska Markety)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21832 visits
Decisions of the President of UOKiK on Kaufland* Kaufland Polska Markety required suppliers to reduce the price of agricultural and food products after their sale, unfairly using its contractual advantage. Moreover, it misled consumers as to the country of origin of the vegetables. The (...)

The German Competition Authority announces that the world’s biggest search engine and its holding company are subject to an extended abuse control by the Authority (Google / Alphabet)
German Competition Authority (Bonn)
Germany 447 contributions 113860 visits
Alphabet/Google subject to new abuse control applicable to large digital companies – Bundeskartellamt determines “paramount significance across markets”* The Bundeskartellamt has delivered its decision that Alphabet Inc., Mountain View, USA, and therefore also its subsidiary Google, is (...)

The Indian Competition Authority launches an investigation into a mining company for alleged abuse of dominance by excessive pricing (Kalpit Sultania / IREL)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8419 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10261 visits
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Samvad Partners (Mumbai)
76 contributions 7161 visits
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KEY POINTS The thrust of the definition of the term ‘enterprise’ under the Act is on the economic nature of the activities discharged by the entity concerned. BRIEF FACTS An information was filed by Mr. Kalpit Sultania (“Informant”) against IREL (India) Ltd. (“IREL/OP”) alleging abuse of (...)

Mergers

 The EU Commission, along with the German and UK Competition Authorities clears the acquisition of a provider of customer relationship management software by a Big Tech company (Meta / Kustomer)
Van Bael & Bellis (Brussels)
Belgium 38 contributions 9552 visits
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Van Bael & Bellis (London)
United Kingdom 16 contributions 3494 visits
On 27 January 2022, the Commission conditionally cleared Meta’s (formerly Facebook) acquisition of Kustomer, a small, innovative customer relationship manager (“CRM”) software creator. In a parallel process, the German Federal Cartel Office (“FCO”) cleared the same transaction with regard to (...)

The Belgian Competition Authority approves an acquisition of a company offering civil engineering and non-residential construction services by a real estate development firm (BAM Galère / Thomas & Piron Holding)
Belgian Competition Authority (Brussels)
Belgium 110 contributions 22928 visits
The Belgian Competition Authority approves the acquisition of BAM Galère by Thomas & Piron* On 28 January 2022 the Investigation and Prosecution Service of the Belgian Competition Authority (BCA) has approved the acquisition of BAM Galère SRL by Thomas & Piron Holding SA. The (...)

The Dutch Competition Authority launches an extensive investigation into a proposed merger between two media companies (RTL / Talpa)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 207 contributions 35156 visites
Extensive investigation needed into merger between RTL and Talpa* The planned merger between media companies RTL and Talpa requires an extensive investigation. The preliminary investigation of the Netherlands Authority for Consumers and Markets (ACM) has revealed that the merger between (...)

The Finnish Competition Authority clears the acquisition of a physiotherapy company by a healthcare provider, subject to the divestment of the acquirer’s physiotherapy business (Mehiläinen / Fysios Holding)
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12577 visits
FCCA ap­proves Mehiläi­nen’s ac­qui­si­tion of Fy­s­ios, sub­ject to con­di­tions* On 20 January 2022, the Finnish Competition and Consumer Authority (FCCA) approved Mehiläinen Oy’s acquisition of Fysios Holding Oy. The approval is conditional upon partial divestiture of Fysios’ (...)

The Belgian Competition Authority approves the acquisitions by a multi-brand automotive group for sole control of three companies active in the distribution of vehicles (RMGA / Truck Service / Initial Auto / Integral Auto)
Belgian Competition Authority (Brussels)
Belgium 110 contributions 22928 visits
The Belgian Competition Authority approves the acquisition by RMGA SA of sole control of Truck Service SA, Initial Auto SA and Integral Auto SA* The Belgian Competition Authority (BCA) has approved on 28 January 2022 the acquisition of Truck Service SA, Initial Auto SA and Integral Auto SA (...)

The EU Commission clears the merger between a Big Tech company and a provider of customer service and support CRM software, subject to conditions (Meta / Kustomer)
European Commission - DG COMP (Brussels)
Belgique 1339 contributions 2826028 visites
Mergers: Commission clears acquisition of Kustomer by Meta (formerly Facebook), subject to conditions* The European Commission has today approved under the EU Merger Regulation the proposed acquisition of Kustomer by Meta (formerly Facebook). The approval is conditional on full compliance (...)

The Australian Competition Authority issues a determination allowing joint marketing arrangements amongst the four owners of a gas field (Central Petroleum / Macquarie Mereenie / New Zealand Oil and Gas / Cue Energy)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82533 visits
Mereenie gas field joint venture allowed to jointly market gas* The ACCC has today issued a determination allowing joint marketing arrangements between the four owners of the Mereenie gas field in the Northern Territory. It is located in the Amadeus Basin, approximately 250 km west of Alice (...)

The Finnish Competition Authority gives the green light for acquisition of a specialist hospital by a national healthcare company (Po­hjola Sairaala / Pih­la­jalinna)
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12577 visits
FCCA ap­proves the ac­qui­si­tion of Po­hjola Sairaala by Pih­la­jalinna* On 14 January 2022, the Finnish Competition and Consumer Authority (FCCA) approved in the acquisition of Pohjola Hospital Ltd by Pihlajalinna Terveys Ltd. Pihlajalinna Group operates extensively in the markets for (...)

The US FTC announces the revised thresholds for determining whether companies are required to notify federal antitrust authorities about a transaction under the Hart-Scott-Rodino Act
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 22 contributions 10252 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 8496 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 13 contributions 3255 visits
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On January 24, 2022, the Federal Trade Commission (FTC) announced the revised thresholds for determining whether companies are required to notify federal antitrust authorities about a transaction under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). If a (...)

The US FTC announces annual changes to the Hart-Scott-Rodino Act notification thresholds
White & Case (Washington)
États-Unis 50 contributions 27771 visites
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White & Case (Washington)
United States 34 contributions 19276 visits
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White & Case (Washington)
United States 18 contributions 6689 visits
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On January 21, 2022, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The FTC is required by law to revise the jurisdictional thresholds annually, based on the change in gross national product. Accordingly, the 2022 (...)

The US FTC announces annual changes to the thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976
Shearman & Sterling (Washington)
États-Unis 23 contributions 12822 visites
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Shearman & Sterling (New York)
United States 22 contributions 8376 visits
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Shearman & Sterling (Washington)
United States 18 contributions 5053 visits
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On January 21, 2022, the U.S. Federal Trade Commission (FTC) announced the annual changes to the thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”). The official publication is expected to be released in the Federal Register on January 24, 2022. (...)

The US FTC announces revised Hart-Scott-Rodino filing thresholds as required by the Act based on the change in the US gross national product
Shuttleworth & Ingersoll (Iowa)
1 contribution 190 visits
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Bryan Cave Leighton Paisner (St. Louis)
United States 1 contribution 190 visits
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Orrick, Herrington & Sutcliffe (Washington)
United States 1 contribution 190 visits
Takeaways The new minimum HSR “Size of Transaction” threshold is increasing from $92 million to $101 million. New thresholds apply to transactions closing on or after February 23, 2022. This $9 million increase is the largest ever annual adjustment to the minimum HSR “Size of Transaction” (...)

The US FTC announces changes to the thresholds for the Hart-Scott-Rodino Act
Dechert (Washington)
United States 15 contributions 2504 visits
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Dechert (New York)
United States 9 contributions 1364 visits
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Dechert (Washington)
United States 5 contributions 883 visits
Key Takeaways Following a pandemic-induced decline in 2021, higher dollar thresholds in 2022 reflect renewed growth in economic activity during the past year. Annual adjustments to dollar-based HSR reporting thresholds expected to go into effect on or about February 23, 2022. Similar upward (...)

The US FTC publishes the annual jurisdictional adjustments for pre-merger notification filings under the Hart-Scott-Rodino Act which will take effect in the next 30 days
Hogan Lovells (Tysons Corner)
7 contributions 1456 visits
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Hogan Lovells (Washington)
United States 7 contributions 1952 visits
On 24 January 2022 the Federal Trade Commission (FTC) published the annual jurisdictional adjustments for premerger notification filings made pursuant to Section 7A of the Clayton Act, known as the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act), in the Federal Register. The new (...)

The US FTC announces new higher HSR filing and interlocking directorate thresholds with higher civil penalties
Covington & Burling (Washington)
United States 15 contributions 2180 visits
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Covington & Burling (Washington)
United States 10 contributions 2336 visits
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Covington & Burling (Washington)
United States 25 contributions 3567 visits
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Yesterday, the Federal Trade Commission (“FTC”) published revised thresholds for the Hart-Scott-Rodino (“HSR”) Act, which will take effect on February 23, 2022. Earlier, the FTC also announced new thresholds for Section 8 of the Clayton Act, which governs interlocking directorates. Each of (...)

The US FTC announces an annual update of size transaction thresholds for premerger notification filings and interlocking directorates
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40401 visits
FTC Announces Annual Update of Size of Transaction Thresholds for Premerger Notification Filings and Interlocking Directorates* For 2022, the size-of-transaction threshold for reporting proposed mergers and acquisitions under Section 7A of the Clayton Act will adjust from $92 million to (...)

The US FTC announces that it will increase the Hart-­Scott-­Rodino Act jurisdictional and filing fee thresholds
Morgan Lewis (New York)
United States 10 contributions 2625 visits
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Morgan Lewis (Washington)
United States 13 contributions 3198 visits
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Morgan Lewis (Washington)
United States 7 contributions 1581 visits
The Federal Trade Commission announced on January 24 that it will increase the Hart-­Scott-­Rodino Act jurisdictional and filing fee thresholds. Any transaction closing on or after February 23, 2022 will be subject to the revised thresholds. The new rules include an increase in the “size of (...)

The US FTC approves a final order requiring northeast supermarkets to sell 12 stores as a condition of a merger (Price Chopper / Tops Market)
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40401 visits
FTC Approves Final Order Requiring Northeast Supermarkets Price Chopper and Tops Market Corp. to Sell 12 Stores as a Condition of Merger* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that the merger of New York-based supermarket (...)

The Croatian Competition Authority unconditionally clears the merger of two regional supermarkets (Studenac / Pemo)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19447 visits
CCA clears STUDENAC/PEMO 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 the undertaking Pemo, by the undertaking Studenac. This horizontal merger (...)

The Luxembourg Government initiates a public consultation procedure regarding the potential introduction of a national merger control regime
Arendt & Medernach (Luxembourg)
Luxembourg 56 contributions 109985 visites
The Luxembourg Ministry of Economy initiated a public consultation procedure regarding the potential introduction of a national merger control regime in Luxembourg. On 20 January 2022, the Luxembourg Ministry of Economy initiated a public consultation procedure regarding the potential (...)

The Indian Competition Authority approves the acquisition of the Asian marketing subsidiary of a major pharmaceutical company by its UK and global healthcare subsidiaries (GSK Healthcare Overseas / GSK Healthcare UK / GSK Asia)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10327 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8419 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10261 visits
GlaxoSmithKline Consumer Healthcare Overseas Limited (“GSK Healthcare overseas”) and GlaxoSmithKline Consumer Healthcare UK Trading Limited (“GSK Healthcare UK”), (collectively referred to as “Acquirers”) are wholly owned subsidiaries of GlaxoSmithKline Consumer Healthcare Holdings (No.2) (...)

The Chinese State Administration for Market Regulation approves a merger between two digital technology companies subject to remedies, including divestments and commitments to supply customers on fair, reasonable and non-discriminatory terms (Siltronic / GlobalWafers) (AMD / Xilinx)
Ashurst (Singapore)
Singapore 14 contributions 16269 visits
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Ashurst (Abū Dhabī)
United Arab Emirates 5 contributions 2199 visits
In January 2022, the State Administration of Market Regulation ("SAMR") conditionally approved two merger transactions in the technology sector - the acquisition of Siltronic AG by Global Wafers and the acquisition of Xilinx by Advanced Micro Devices. These two cases demonstrate SAMR’s (...)

The New Zealand Competition Authority files proceedings against a software company for continuing with a merger thought likely to be substantially lessening competition (Objective Corporation / Master Business Systems)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23797 visits
Commission files proceedings against software company for breach of Commerce Act* The Commerce Commission has filed proceedings in the High Court in Wellington against software company Objective Corporation Limited (Objective) for contravening section 47 of the Commerce Act, which prohibits (...)

The New Zealand Competition Authority receives a clearance application in relation to the proposed acquisition of a medical device distributor (EBOS Medical Devices / LifeHealthcare)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23797 visits
EBOS seeks clearance to acquire the New Zealand LifeHealthcare business* The Commerce Commission has received a clearance application in relation to the proposed acquisition by EBOS Medical Devices Australia Pty Limited (EBOS) of the New Zealand LifeHealthcare business. EBOS distributes (...)

The Norwegian Competition Authority introduces merger disclosure requirements for five largest operators in the market for rapid and ultra-rapid charging of electric cars (Mer / Recharge / Tesla / Eviny / Circle K)
Norwegian Competition Authority (Bergen)
Norway 32 contributions 3949 visits
Disclosure requirements for companies operating in the electric car charging market* The Norwegian Competition Authority introduces disclosure requirements for the five largest operators in the market for rapid and ultra-rapid charging of electric cars. This means that the companies Mer, (...)

The Romanian Competition Authority unconditionally approves the takeover of an automobile spare parts import and distribution company by an automobile spare parts wholesaler (Augsburg / Autonet)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27963 visits
The Competition Council approved the taking over of Augsburg International Impex SRL by Autonet Group Holding* The Competition Council approved the transaction by which Autonet Group Holding AG, Switzerland, takes over Augsburg International Impex SRL. Autonet Group Holding AG, (...)

The German Competition Authority clears a merger between a furniture purchasing cooperation and a leading furniture retailer after they extensively modified their plans (KHG / Begros)
German Competition Authority (Bonn)
Germany 447 contributions 113860 visits
The Krieger/Höffner Group (KHG) can join Begros furniture purchasing cooperation after extensive modifications to its plans* KHG GmbH & Co. KG, Schönefeld (Krieger/Höffner Group) can join the furniture purchasing cooperation, Bedarfsgüter Großhandelsgesellschaft für Wohnung GmbH, (...)

The Mexican Competition Authority sanctions a fruit and vegetables business for not notifying a concentration (Frutas y Hortalizas de Calidad)
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26240 visits
COFECE sanctions Frutas y Hortalizas de Calidad and a natural person for not notifying a concentration* The Commission imposed fines for a total amount of 2 million 345 thousand 760 Mexican pesos. The transaction will not have legal effects until, upon the corresponding payment of rights, they (...)

The German Competition Authority initiates an inquiry in the waste management sector to examine whether a recycling management company can be obliged to notify future takeovers of smaller companies (Rethmann Group / Remondis)
German Competition Authority (Bonn)
Germany 447 contributions 113860 visits
Rethmann Group / Remondis: Bundeskartellamt examines preconditions for extended obligation to notify future takeovers (Section 39a German Competition Act, GWB)* The Bundeskartellamt has initiated a further sector inquiry in the waste management sector. The authority is going to examine (...)

The US DoJ and FTC announce a joint effort to modernize the horizontal and vertical federal merger guidelines
Hogan Lovells (Washington)
États-Unis 17 contributions 7013 visites
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Hogan Lovells (Washington)
United States 17 contributions 4470 visits
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Hogan Lovells (Washington)
United States 5 contributions 1050 visits
On 18 January 2022 the Department of Justice (DOJ) and Federal Trade Commission (FTC) held a press conference to announce a joint effort to modernize the horizontal and vertical federal merger guidelines “to better detect and prevent illegal, anticompetitive deals in today’s modern markets.” (...)

The US FTC and the DoJ announce a joint initiative to conduct a comprehensive analysis of their merger guidelines
Dechert (Washington)
United States 15 contributions 2504 visits
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Dechert (Washington)
United States 6 contributions 11572 visits
On Jan. 18, 2022, the Federal Trade Commission and Department of Justice announced a joint initiative to conduct a comprehensive analysis of their merger guidelines. The initiative is likely to further ratchet up merger enforcement with the most significant impact on digital mergers, mergers (...)

The US FTC and DoJ launch a joint public inquiry aimed at strengthening enforcement against illegal mergers
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40401 visits
Federal Trade Commission and Justice Department Seek to Strengthen Enforcement Against Illegal Mergers* Agencies Launch Joint Public Inquiry Aimed at Modernizing Merger Guidelines to Better Detect and Prevent Anticompetitive Deals WASHINGTON – Today, the Federal Trade Commission (FTC) and (...)

The US FTC and DoJ signal stronger approach to merger enforcement in public call for comments on merger guidelines
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 5627 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 9 contributions 2745 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 2 contributions 484 visits
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Key points U.S. antitrust regulators at the DOJ and FTC embarked on a joint review of merger enforcement by soliciting public input on modernizing federal merger guidelines. While public comments ran the gamut from pro-enforcement to pro-merger, some key voices, including a collection of state (...)

The US FTC and DoJ announce plans to review and update merger guidelines in order to strengthen enforcement against illegal mergers
Cleary Gottlieb Steen & Hamilton (Washington)
United States 7 contributions 9240 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
United States 8 contributions 2182 visits
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Cleary Gottlieb Steen & Hamilton (San Francisco)
United States 13 contributions 14821 visits
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On Tuesday, January 18th, FTC Chair Lina Khan and DOJ Antitrust Division Assistant Attorney General Jonathan Kanter held a joint press conference in which they announced ambitious plans to review and update the Merger Guidelines, targeting a release of new guidelines before the end of 2022. (...)

The New Zealand Competition Authority receives merger clearance notification for merger between two concrete additives manufacturing and supply companies (Sika / MBCC)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23797 visits
Sika seeks clearance to acquire MBCC Group* The Commerce Commission has received a clearance application for Sika AG to acquire the MBCC Group. Sika and MBCC manufacture and supply additives (known as "chemical admixtures") that are used to modify the performance characteristics of (...)

The US FTC and DOJ signal more aggressive enforcement against acquisitions by private equity firms
McDermott Will & Emery (Washington)
États-Unis 36 contributions 5943 visites
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McDermott Will & Emery (Washington)
United States 3 contributions 989 visits
US antitrust enforcers have signaled that private equity firms are the prime targets for upcoming aggressive antitrust merger enforcement. In a recent interview, US Assistant Attorney General Jonathan Kanter stated that the motive of a private equity firm may be “designed to hollow out or roll (...)

The US FTC and DoJ announce a joint public inquiry related to the federal merger guidelines with the goal of strengthening enforcement against illegal mergers
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 5627 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 8496 visits
On Jan. 18, 2022, the Federal Trade Commission (FTC) and the Department of Justice’s (DOJ) Antitrust Division announced a joint public inquiry related to the federal merger guidelines, with the goal of “strengthening enforcement against illegal mergers.” Members of the public are encouraged to (...)

The US FTC and DoJ consider reforming the Horizontal Merger Guidelines and reducing the importance of the consumer welfare standard
Compass Lexecon (Washington)
United States 2 contributions 1987 visits
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Compass Lexecon (Washington)
United States 4 contributions 5392 visits
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Compass Lexecon (Washington)
United States 2 contributions 619 visits
Recent statements by the heads of the Federal Trade Commission and Department of Justice suggest that new merger guidelines may replace the tried-andtested consumer welfare standard with a series of alternate goals. Proponents of such a shift see a need to promote goals other than consumer (...)

The US FTC and DoJ launch a joint public inquiry into the agencies’ horizontal and vertical merger guidelines to decipher whether the guidelines properly implement the statutory ban on transactions that may substantially lessen competition or tend to create a monopoly
Covington & Burling (Washington)
United States 19 contributions 12030 visits
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Covington & Burling (Washington)
United States 7 contributions 2449 visits
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Covington & Burling (Washington)
United States 10 contributions 4893 visits
Tuesday, January 18th, the Federal Trade Commission (“FTC”) and the U.S. Justice Department’s Antitrust Division (“DOJ”) launched a joint public inquiry regarding the agencies’ horizontal and vertical merger guidelines. As part of this inquiry, the agencies are soliciting public comment via a (...)

The Romanian Competition Authority unconditionally approves the takeover of an infertility diagnosis medical center by a clinical and paraclinical medical center (Life Line / Unirea)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27963 visits
The Competition council approved the taking over of life line-medical center S.R.L by Unirea medical center S.R.L* The Competition Council approved the transaction through which Centrul Medical Unirea S.R.L. takes over Life Line - Medical Center S.R.L. Unirea Medical Center is the operator (...)

The German Competition Authority prohibits a merger in the surface drainage sector (ACO / BIRCO)
German Competition Authority (Bonn)
Germany 447 contributions 113860 visits
Bundeskartellamt prohibits merger in the surface drainage sector: ACO and BIRCO cannot merge* The Bundeskartellamt has prohibited the planned takeover of BIRCO GmbH based in Baden-Baden (“BIRCO“) by ACO Ahlmann SE & Co. KG based in Büdelsdorf (“ACO“). Both companies are particularly (...)

The EU Commission prohibits the proposed merger between two shipbuilding companies (Hyundai Heavy Industries / Daewoo Shipbuilding & Marine Engineering)
Van Bael & Bellis (Brussels)
Belgium 38 contributions 9552 visits
On 13 January 2022, the European Commission (“Commission”) announced its decision to prohibit Hyundai Heavy Industries Holdings’ (“HHIH”) acquisition of rival Korean shipbuilder Daewoo Shipbuilding & Marine Engineering Co., Ltd (“DSME”). The Commission was concerned that the transaction (...)

The EU Commission prohibits a merger between two South Korean shipbuilders as it would have created a dominant position for the newly merged company and reduced competition in the worldwide market for the construction of large liquefied gas carriers (DSME / HHIH)
European Commission - DG COMP (Brussels)
Belgique 1339 contributions 2826028 visites
Mergers: Commission prohibits proposed acquisition of Daewoo Shipbuilding & Marine Engineering by Hyundai Heavy Industries Holdings* The European Commission has prohibited, under the EU Merger Regulation, the acquisition of Daewoo Shipbuilding & Marine Engineering CO., Ltd (DSME) by (...)

The US FTC approves a final order settling charges that a merger between two pharmaceutical companies harmed competition in the markets for an antibiotic used to treat infections and an oral steroid product used to treat inflammation (ANI Pharmaceuticals / Novitium Pharma)
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40401 visits
FTC Approves Final Order Requiring Generic Drug Marketers ANI Pharmaceuticals, Inc. and Novitium Pharma LLC to Divest Rights and Assets to Generic Sulfamethoxazole-Trimethoprim Oral Suspension and Generic Dexamethasone Tablets* Following a public comment period, the Federal Trade Commission (...)

The UK Competition Authority conducts a Phase I investigation into a transcription software merger in the healthcare market (Microsoft / Nuance)
UK Competition & Markets Authority - CMA (London)
United Kingdom 388 contributions 95709 visits
Anticipated acquisition by Microsoft Corporation of Nuance Communications Inc.* Notice under section 96(2a) of the Enterprise Act 2002 (the Act) published pursuant to section 107(1)(I) of the Act The Competition and Markets Authority (CMA) hereby gives notice pursuant to section 96(2A) (...)

The US FTC approves a final order settling charges that a dialysis service provider’s acquisition of clinics would reduce competition in vital outpatient dialysis services in the Utah market (DaVita)
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40401 visits
FTC Approves Final Order Imposing Strict Limits on Future Mergers by Dialysis Service Provider DaVita, Inc* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that dialysis service provider DaVita, Inc.’s acquisition of the University (...)

The New Zealand Competition Authority receives merger clearance notification for the acquisition of a tourism company by an international tourism company (Camplify / THL)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23797 visits
Camplify seeks clearance to acquire THL’s Mighway and SHAREaCAMPER* The Commerce Commission has received a clearance application from Camplify Co (NZ) Limited, a subsidiary of ASX-listed Camplify Holdings Limited, to acquire the New Zealand assets and business of Tourism Holdings Limited’s (...)

The New Zealand Competition Authority receives notification for a proposed merger between two telecommunication service providers (Vocus / 2degrees)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23797 visits
Clearance sought for Vocus / 2degrees merger* The Commerce Commission has received an application for clearance in relation to a transaction that would see the merger of the Vocus Group with 2degrees. Vocus and 2degrees are both telecommunications providers that primarily supply retail (...)

The Belgian Competition Authority approves the merger between the ports of Antwerp and Zeebrugge (Haven van Antwerpen-Brugge / Port of Antwerp-Bruges)
Belgian Competition Authority (Brussels)
Belgium 110 contributions 22928 visits
The Belgian Competition Authority approves the merger between the ports of Antwerp and Zeebrugge* The Competition College of the Belgian Competition Authority has approved on 7 January 2022 the merger between the Havenbedrijf Antwerpen and the Maatschappij van de Brugse Zeehaven creating an (...)

The New Caledonian Competition Authority sanctions a medical devices company for gun jumping (Médical Equipement / Handipharma)
New Caledonia Competition Authority (Noumea)
New Caledonia 29 contributions 2969 visits
Sanction of Médical Equipement in the amount of FCFP 9 million for failure to notify a concentration operation with Handipharma* In this decision n° 2022-DN-01 of January 10, 2022, the Autorité sanctions the lack of notification of the concentration operation relating to the acquisition by (...)

The Spanish Competition Authority approves, subject to conditions, the creation of a joint venture in the wholesale distribution and transport of periodical publications sector (Boyacá / SGEL)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30123 visits
The CNMC approves the conditions for creating a joint venture between Boyacá and SGEL* The transaction affects the wholesale distribution and transport in Spain of periodical publications. The venturers must comply with certain conditions imposed by the CNMC, most of which they had offered (...)

The Papua New Guinea Competition Authority invites comments from interested parties ahead of its approval of a proposed acquisition in the telecommunications industry (Digicel / Telstra)
Independent Consumer and Competition Commission - Papua New Guinea (Port Moresby)
Papua New Guinea 15 contributions 617 visits
INDEPENDENT CONSUMER AND COMPETITION COMMISSION* Media & Resource Centre The Independent Consumer and Competition Commission (“ICCC”) wishes to inform industry participants, relevant stakeholders and the general public that consistent with the ICCC Act, it has decided to hold a (...)

The UK Competition Appeal Tribunal grants permission to a leading digital rights organisation to intervene in the application brought by a Big Tech company regarding a merger decision (Meta / Giphy)
Ashurst (London)
United Kingdom 8 contributions 3296 visits
Global NGO Privacy International, represented by Hausfeld, was granted permission by the Competition Appeal Tribunal (CAT) to intervene in the application brought by Meta Platforms, Inc. (Meta) pursuant to s. 120 of the Enterprise Act 2002 for review of the Competition and Markets Authority (...)

The UK Competiton Authory updates its merger guidance in light of the National Security and Investment Act
McDermott Will & Emery (Washington)
United States 13 contributions 2781 visits
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McDermott Will & Emery (Paris)
France 28 contributions 3989 visits
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McDermott Will & Emery (Washington)
United States 16 contributions 3415 visits
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The NSI Act replaces the system of discretionary public interest intervention in mergers by the UK government under the UK Enterprise Act and creates a new mandatory notification system operated by the Investment Security Unit (ISU), part of the UK Department for Business, Energy and (...)

The Cypriot Competition Authority receives concentration notification concerning the acquisition by a diagnostics healthcare company of a biotechnology company (Medicover Investment / NIPD Genetics)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8470 visits
Notification of a concentration concerning the acquisition by Medicover Investment B.V. of part of the share capital of NIPD Genetics Public Company Limited* The Service of the Commission for the Protection of Competition announces that it has received a notification of concentration by (...)

The Spanish Competition Authority authorizes an acquisition of sole control in the retail distribution of vehicles (Neologic / Montalt)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30123 visits
Gm Neologic, S.L.U. (Neologic) acquired sole control of Grupo Montalt Servicar, S.L. (Montalt).* On January 4, 2022, the CNMC authorised the operation consisting of the acquisition of sole control by Gm Neologic, S.L.U. (Neologic) of Grupo Montalt Servicar, S.L. (Montalt). Neologic is the (...)

State Aid

 The EU Commission opens an in-depth investigation into German support measures in favour of a cargo company (Deutsche Bahn / DB Cargo)
European Commission - DG COMP (Brussels)
Belgique 1339 contributions 2826028 visites
State aid: Commission opens in-depth investigation into German support measures in favour of DB Cargo* The European Commission has opened an in-depth investigation to assess whether certain German support measures in favour of DB Cargo are in line with EU State aid rules. DB Cargo is a (...)

The EFTA Surveillance Authority approves the renewal and amendments to Norwegian aid scheme for lost inventory amidst the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28122 visits
COVID-19 pandemic: ESA approves renewal and amendments to Norwegian aid scheme for lost inventory* The EFTA Surveillance Authority (ESA) has today approved amendments and renewal of a Norwegian scheme compensating undertakings for spoiled inventory that can no longer be sold or used. The (...)

The EU Court of Justice rules that compensatory payments may be categorised as State aid and must comply with relevant de minimis regulations (Satini-S / Dabas aizsardzības pārvalde)
Maastricht University
Belgique 353 contributions 64326 visites
Compensation for Damage and De Minimis Aid* Compensation for damage caused by protected animals is State aid. Member States may categorise compensatory payments as de minimis aid and refuse to make payments in excess of the de minimis threshold. Introduction Advantage in the meaning of (...)

The EU Commission adopts Revised Guidelines on State Aid for Climate, Environmental Protection and Energy which covers state aid measures relevant for the European Green Deal
Jones Day (Brussels)
Belgium 21 contributions 9555 visits
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Jones Day (Paris)
France 3 contributions 702 visits
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Jones Day (Brussels)
Belgium 4 contributions 802 visits
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This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In Short The Development: The European Commission ("Commission") adopted new Guidelines on State Aid for Climate, Environmental Protection and Energy (...)

The EU Commission approves a €3.8B Italian scheme under the Recovery and Resilience Facility to support the deployment of a fast fibre internet provider
European Commission - DG COMP (Brussels)
Belgique 1339 contributions 2826028 visites
State aid: Commission approves €3.8 billion Italian scheme under Recovery and Resilience Facility to support deployment of Gigabit networks* The European Commission has approved, under EU State aid rules, a €3.8 billion Italian scheme made available through the Recovery and Resilience (...)

The EU Commission approves a restructuring aid of up to around €2.7 billion for a Romanian power company (Complexul Energetic Oltenia SA)
European Commission - DG COMP (Brussels)
Belgique 1339 contributions 2826028 visites
State aid: Commission approves restructuring aid of up to around €2.7 billion for Romanian power company Complexul Energetic Oltenia SA* The European Commission has approved, under EU State aid rules, Romania’s plans to grant power company Complexul Energetic Oltenia SA (‘CE Oltenia’) (...)

The EFTA Surveillance Authority approves a €5.4 million in compensation to a Norwegian indoor arena for financial losses caused by COVID-19 related restrictions (Trondheim Spektrum)
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28122 visits
COVID-19 pandemic: ESA approves compensation to Trondheim Spektrum AS* The EFTA Surveillance Authority (ESA) has today approved NOK 5.4 million (EUR 540 000) in compensation to Trondheim Spektrum AS for financial losses caused by COVID-19 related restrictions. Trondheim Spektrum is a (...)

The EFTA Surveillance Authority approves an Icelandic tax-deferral scheme for the restaurant sector in the context of the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28122 visits
COVID-19 pandemic: ESA approves Icelandic tax-deferral scheme for the restaurant sector* The EFTA Surveillance Authority (ESA) has today approved an Icelandic tax-referral scheme that allows eligible businesses in the restaurant sector to defer payroll tax payments and social security (...)

The EU Court of Justice finds that the General Court erred in law when finding the Commission incompetent to examine, in the light of the law on State aid, the compensation paid to Swedish investors by Romania in the implementation of an arbitral award (Micula)
European Court of Justice (Luxembourg)
Luxembourg 330 contributions 102907 visits
The General Court erred in law in finding that the Commission lacked competence to examine, in the light of the law on State aid, the compensation paid to Swedish investors by Romania in implementation of an arbitral award* While that award had upheld the argument of those investors that (...)

The UK Government publishes an illustrative guidance on the future operation of its subsidy control regime
White & Case (Brussels)
Belgium 10 contributions 3006 visits
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White & Case (London)
United Kingdom 27 contributions 13415 visits
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White & Case (London)
United Kingdom 12 contributions 2829 visits
The Subsidy Control Bill (the "SCB"), first introduced by the Department of Business, Energy and Industrial Strategy (the "BEIS") on 30 June 2021, is making its way through the House of Lords ahead of expected adoption in 2022. In the interim, on 25 January 2022, the UK government published a (...)

The EFTA Surveillance Authority approves continued and increased support to long-distance bus and passenger boat services in Norway in the context of the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28122 visits
COVID-19 pandemic: ESA approves continued and increased support to long-distance bus and passenger boat services in Norway* The EFTA Surveillance Authority (ESA) has today approved a renewal of and amendments to a Norwegian scheme to compensate operators of long-distance bus and passenger (...)

The EU Court of Justice overturns the ruling of the EU General Court paving the pay for infringement proceedings against the UK for breaching the principle of sincere cooperation (Micula)
Van Bael & Bellis (Brussels)
Belgium 10 contributions 1949 visits
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Van Bael & Bellis (Brussels)
Belgique 153 contributions 34022 visites
On 25 January 2022, the Court of Justice of the European Union (“ECJ”) delivered its judgment in the long-running Micula case. Despite being issued by the highest EU Court, the ruling did not put an end to this long-standing saga, as the ECJ annulled the previous judgment of the General Court (...)

The EFTA Surveillance Authority approves the renewal of an Icelandic support scheme for businesses
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28122 visits
COVID-19 pandemic: ESA approves renewal of Icelandic support scheme for businesses* The EFTA Surveillance Authority (ESA) has today approved the renewal of and amendments to an Icelandic aid scheme offering resilience grants to eligible companies and self-employed individuals. The (...)

The EU Commission approves a 2022-2027 regional aid map for France
European Commission - DG COMP (Brussels)
Belgique 1339 contributions 2826028 visites
State aid: Commission approves 2022-2027 regional aid map for France* The European Commission has approved under EU State aid rules the map of France for granting regional aid from 1 January 2022 to 31 December 2027 within the framework of the revised Regional aid Guidelines (‘RAG’). The (...)

The EU Commission approves a 2022-2027 regional aid map for Austria
European Commission - DG COMP (Brussels)
Belgique 1339 contributions 2826028 visites
State aid: Commission approves 2022-2027 regional aid map for Austria* The European Commission has approved under EU State aid rules Austria’s map for granting regional aid from 1 January 2022 to 31 December 2027 within the framework of the revised Regional aid Guidelines (’RAG’). The (...)

The EU Court of Justice orders Greece to pay a lump sum of €5.5B and a penalty payment of €4.37B for failure to recover wrongful State aid granted to a mining company (Larco)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 29911 visits
Greece is ordered to make a lump sum payment of €5 500 000 and periodic penalty payments of over €4 000 000 for every six months’ delay for failure to recover State aid granted to Larco* The Court first declared that Greece had failed to fulfil its obligations in a judgment delivered in 2017 (...)

The EU General Court rules that the Commission may not reopen a formal investigation procedure after the annulment of the Commission’s decision when the basis of annulment lies in the error of law or manifest error of assessment (Loutraki Kazino)
Maastricht University
Belgique 353 contributions 64326 visites
The Commission Need not Always Open the Formal Investigation Procedure before Correcting a Faulty Decision* The formal investigation procedure need not be re-opened when the fault lies in the legal assessment of the measure in question. Introduction This article examines when the (...)

The EU Commission approves a €20M Spanish scheme under the Recovery and Resilience Facility to support the deployment of intelligent transportation systems
European Commission - DG COMP (Brussels)
Belgique 1339 contributions 2826028 visites
State aid: Commission approves €20 million Spanish scheme under Recovery and Resilience Facility to support deployment of intelligent transportation systems* The European Commission has approved, under EU State aid rules, a €20 million Spanish scheme made available through the Recovery and (...)

The EU Commission invites comments on a proposed revision of EU State aid rules for the agriculture, forestry and fishery sectors
European Commission - DG COMP (Brussels)
Belgique 1339 contributions 2826028 visites
State aid: Commission invites comments on proposed revision of EU State aid rules for agriculture, forestry and fishery sectors* The European Commission is inviting all interested parties to comment on proposed revised State aid rules for the agricultural, forestry and fishery sectors. The (...)

The EU Commission approves €24M of Hungarian investment aid to a manufacturing company’s extension of its battery copper foil plant (Volta Energy Solutions)
European Commission - DG COMP (Brussels)
Belgique 1339 contributions 2826028 visites
State aid: Commission approves €24 million Hungarian investment aid to Volta Energy Solutions’ battery copper foil plant* The European Commission has found Hungary’s €24 million investment aid to Volta Energy Solutions for the extension of a battery copper foil plant in the Hungarian region (...)

The EU Commission approves a 2022-2027 regional aid map for Greece
European Commission - DG COMP (Brussels)
Belgique 1339 contributions 2826028 visites
State aid: Commission approves 2022-2027 regional aid map for Greece* The European Commission has approved under EU State aid rules Greece’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 (...)

Procedures

 The US DoJ antitrust Assistant Attorney General Jonathan Kanter signals a more aggressive stance in national antitrust enforcement
McDermott Will & Emery (Washington)
United States 3 contributions 989 visits
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McDermott Will & Emery (Washington)
États-Unis 36 contributions 5943 visites
In remarks delivered on January 18, 2022, and January 24, 2022, Jonathan Kanter, the Assistant Attorney General (AAG) for the US Department of Justice (DOJ) Antitrust Division, laid out the areas where he perceives shortcomings in antitrust enforcement. These speeches signaled that the (...)

The Regional Court of Stuttgart finds bundled cartel damages claims through a legal services provider to be inadmissible (German State of Baden-Württemberg)
Hogan Lovells (Munich)
Germany 39 contributions 4356 visits
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Hogan Lovells (Munich)
Germany 3 contributions 1343 visits
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Hogan Lovells (Munich)
Germany 1 contribution 565 visits
1. Background In Germany, the discussion about the admissibility of enforcing bundled and assigned cartel damages claims via a legal services provider enters the next round. As Germany does not offer claimants a true US- or UK-style class action regime claimants will seek alternative ways (...)

The EU General Court awards a telecommunications company €1.8 million in damages, finding that the Commission had wrongly refused to pay default interest on the portion of a fine that the company had initially paid for an infringement of competition rules (Deutsche Telekom)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7650 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 14100 visits
In a judgment of 19 January 2022, the General Court of the European Union (“Court”) awarded Deutsche Telekom AG (“DT”) € 1.8 million in damages, finding that the European Commission (“Commission”) had wrongly refused to pay default interest on the portion of a fine that DT had initially paid (...)

The US State of Delaware Chancery Court authorizes class-action claims of breach of fiduciary duty to proceed against a SPAC’s controlling shareholder and directors (Churchill Capital Corp. III / MultiPlan)
Cleary Gottlieb Steen & Hamilton (New York)
United States 1 contribution 701 visits
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Cleary Gottlieb Steen & Hamilton (New York)
United States 1 contribution 701 visits
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Cleary Gottlieb Steen & Hamilton (New York)
United States 1 contribution 701 visits
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In one of the first opinions addressing fiduciary duty claims in the context of a transaction involving a special purpose acquisition company (“SPAC”), the Delaware Court of Chancery determined that the SPAC shareholders’ right to redeem can be undermined by insufficient disclosures regarding (...)

The Slovak Council of the Antimonopoly Office upheld the first-instance decision of the Competition Authority to fine the national postal service for failing to comply with an order to submit information within a time limit (Slovenská pošta)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5577 visits
Council of AMO SR upheld the first-instance decision of AMO SR imposing a fine on undertaking Slovenská pošta, a.s.* By the first-instance decision AMO SR imposed a fine on the undertaking for a failure to submit documentation and information requested within a stipulated time-limit and for (...)

Regulatory

 The Greek Government transposes the ECN+ Directive into its national law by amending the Greek Competition Act
Kyriakides Georgopoulos (Athens)
Greece 1 contribution 342 visits
,
1 contribution 342 visits
The new Law 4886/2022 ‘on the Modernisation of Competition Law for the Digital Era’, substantially amends the Greek Competition Act (Law 3959/2011) On 24 January 2022 the new Law 4886/2022 (GG A’ 12/24.01.2022) entered into effect amending the Greek Competition Act and transposing Directive (...)

The Latvian government proposes amendments to the leniency programme and imposition of fines in an effort to implement the ECN+ Directive
Cobalt Legal (Riga)
Latvia 20 contributions 35517 visits
Latvia: more opportunities for leniency and convergence of fining rules Latvian transposition of the ECN+ Directive is in the final stages of the legislative process. Adoption of amendments to the Competition Act is expected in April or May 2022. In addition to institutional changes that (...)

The UK Competition Authority updates its guidance as the National Security and Investment Act enters into force
Covington & Burling (London)
United Kingdom 16 contributions 3950 visits
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Covington & Burling (London)
United Kingdom 11 contributions 2437 visits
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Covington & Burling (London)
United Kingdom 5 contributions 1360 visits
The UK’s new National Security and Investment Act (“NSIA”) entered into force on January 4, 2022. The NSIA marks a considerable change in the UK’s investment screening powers and adds to an increasingly complex European and global landscape of investment regulation (or FDI) filings necessary (...)

The Hungarian Competition Authority initiates its first proceedings under the new Trade Act aiming to expand consumer choice of beverages in the catering sector (KFC / Burger King / Heineken / Dreher/ Borsodi)
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 19133 visits
The GVH started the new year with 5 proceedings at a time - increased supervision over the procurement of beverages in the catering sector* 6 January 2022, Budapest – The Hungarian Competition Authority has launched its firsts proceedings to enforce provisions of the Trade Act related to the (...)

The UK Competition Authority introduces a new investment screening regime which significantly enhances the Government’s powers to intervene in transactions on the grounds that they could threaten national security
Freshfields Bruckhaus Deringer (London)
United Kingdom 3 contributions 516 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 2 contributions 2158 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 6 contributions 5721 visits
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The UK’s National Security and Investment Act (the NSI Act), which came into force on 4 January 2022, introduced a new investment screening regime which significantly enhances the Government’s powers to intervene in transactions on grounds that they could threaten the UK’s national security. (...)

The UK Competition Authority updates its foreign investment review regime
Baker McKenzie (London)
United Kingdom 5 contributions 2588 visits
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Baker McKenzie (London)
United Kingdom 1 contribution 214 visits
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Baker McKenzie (London)
United Kingdom 1 contribution 214 visits
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On 4 January 2022, the new UK foreign investment review regime under the National Security and Investment Act 2021 (NSI Act) came into force. The new rules require businesses and investors to submit mandatory notifications for certain acquisitions of, and investments in, companies active in (...)

The Austrian Competition Authority publishes new rules combating unfair trading practices in the agricultural and food supply chain
Austrian Competition Authority (Vienna)
Autriche 63 contributions 7225 visites
New rules combating unfair trading practices in the agricultural and food supply chain: implementation of UTP Directive in Austrian FWBG* The amendment to the Federal Act on Improvement of Local Supply and Competitive Conditions (Fair Competitive Conditions Act, abbreviated FWBG in German) (...)