January 2023 - II

General antitrust

 The Danish Competition Authority fines another five companies for cartel co-operation within the same business training concept (Nye Visioner) New
Danish Competition and Consumer Authority (Copenhagen)
Denmark 125 contributions 34091 visits
Another five companies have been fined for cartel co-operation within the business concept Nye Visioner* Five companies have admitted to having infringed the competition law by entering into agreements on pricing and sharing of costumers within the business concept Nye Visioner. The Danish (...)

The Hong Kong Competition Authority publishes a revised set of model “Non-collusion Clauses” that companies can incorporate in their procurement processes New
Hong Kong Competition Commission (Hong Kong)
Hong Kong 42 contributions 8899 visits
Competition Commission enhances model “Non-collusion Clauses” to strengthen protection for procurers against attempts to undermine competition* The Competition Commission (Commission) today published a revised set of model “Non-collusion Clauses” for procurers to incorporate in their invitation to (...)

The US President Biden signs into law the 2023 spending bill which includes dramatically increasing funding for antitrust enforcers, and modernizing merger filing fees New
Morgan Lewis (Washington)
United States 12 contributions 2338 visits
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Morgan Lewis (New York)
United States 3 contributions 337 visits
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Morgan Lewis (New York)
United States 9 contributions 1782 visits
In what appears to have been in part a trade for tabling new antitrust legislation, at least for now, the Biden administration dramatically increased funding for the Federal Trade Commission and the Antitrust Division of the Department of Justice. It remains unclear whether this additional (...)

Anticompetitive practices

 The US DOJ secures a guilty plea by a Texas military contractor for bid rigging (Aaron Stephens) New
US Department of Justice (Washington DC)
United States 145 contributions 57865 visits
Military Contractor Pleads Guilty to Bid Rigging* A Texas military contractor pleaded guilty on Jan. 12 to rigging bids on public military contracts in the state of Texas. According to court documents, Aaron Stephens, 53, conspired with others to rig bids on certain government contracts from (...)

The EU Court of Justice upholds the annulment of a €33.6M fine against a banking group on the rationale that the presumption of innocence was vitiated by two errors in law (HSBC Group)
European Court of Justice (Luxembourg)
Luxembourg 314 contributions 81642 visits
Competition in the Euro Interest Rate Derivatives sector: the Court of Justice upholds the annulment of the € 33.6 million fine imposed on the HSBC Group* The HSBC Group is a banking group, and one of its activities is global banking and markets. HSBC Holdings is the parent company of HSBC (...)

The Turkish Competition Authority announces the initiation of two full-fledged investigations concerning the pricing policies of private schools in Ankara New
ACTECON (Istanbul)
Turkey 10 contributions 3490 visits
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ACTECON (Istanbul)
Turkey 1 contribution 72 visits
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ACTECON (Istanbul)
Turkey 3 contributions 1232 visits
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On 12 January 2023, the Turkish Competition Authority (“TCA”) announced the initiation of two full-fledged investigations concerning the practices of certain private schools. Those investigations reveal that the TCA has been closely monitoring the news on the private schools’ pricing policies (...)

The French Supreme Court takes a position on the legal basis for judicial price control, taking into particular consideration the notion of advantages without counterparts under French competition law (OC Résidences) New
Juliette Desvaux (Paris)
1 contribution 120 visits
The Cour de Cassation ruled that judicial control on the price can be exercised on the basis of the sanction of « advantages without counterpart » (former art. L. 442-6 I 1° and actual art. L. 442-1 1° CCom, after ordonnance of April 24, 2019), not only on the basis of the sanction of « submission (...)

The Czech Competition Authority imposes a fine on a chemical manufacturing company for concluding illegal vertical agreements restricting competition (Eurona)
Czech Competition Authority (Brno)
Czech Republic 34 contributions 4838 visits
Eurona Restricted Price Competition And Online Sales, The Fine Was Significantly Reduced For Extraordinary Cooperation* The Office for the Protection of Competition imposed a fine of CZK 12,773,000 on the undertaking EURONA s.r.o. for concluding illegal vertical agreements restricting (...)

The US FTC proposes a rule that would prohibit employers from having their employees sign any form of noncompete agreements
Clifford Chance (Washington)
United States 1 contribution 39 visits
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Clifford Chance (Washington)
United States 1 contribution 39 visits
The FTC proposed a rule that departs from decades of legal precedent and ignores procompetitive justifications by looking to ban noncompetes in almost every situation. On January 5, 2023, the Federal Trade Commission published a Notice of Proposed Rulemaking that would prohibit employers from (...)

The US FTC proposes an unprecedented rule banning most employer/employee noncompete clauses New
Jones Day (Washington)
United States 21 contributions 6949 visits
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Jones Day (Washington)
United States 18 contributions 3210 visits
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Jones Day (San Francisco)
United States 3 contributions 1411 visits
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In early January 2023, the Federal Trade Commission (“FTC”) proposed an unprecedented rule banning most employer/employee non-compete clauses. As detailed below, the rule is not likely to take effect for at least eight months, and possibly longer (if ever), given the likelihood of challenges to (...)

The US FTC seeks to ban non-competes and brings related enforcement actions
Covington & Burling (Washington DC)
United States 21 contributions 1488 visits
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Covington & Burling (Washington DC)
United States 8 contributions 3488 visits
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Covington & Burling (Washington DC)
United States 3 contributions 633 visits
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Contract terms limiting employees’ ability to work for competitors are squarely in the crosshairs of the Federal Trade Commission. In back-to-back days during the first week of January, the FTC used enforcement actions and a newly proposed regulation to declare its position that virtually all (...)

The US FTC proposes a rule that would ban employers from entering into and maintaining noncompete clauses with their workers
Morgan Lewis (Washington)
United States 4 contributions 455 visits
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Morgan Lewis (Philadelphia)
United States 4 contributions 661 visits
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Morgan Lewis (Houston)
United States 1 contribution 36 visits
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The Federal Trade Commission (FTC) announced a notice of proposed rule making (NPRM) on January 5, 2023, that would ban employers from entering into and maintaining noncompete clauses with their workers. With this potential ability for workers to change jobs more freely, employers will become (...)

The US FTC undertakes an unprecedented crackdown on noncompete agreements
White & Case (Washington)
United States 7 contributions 1110 visits
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White & Case (Washington)
United States 9 contributions 3404 visits
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White & Case (New York)
United States 1 contribution 38 visits
The Federal Trade Commission (FTC) kicked off 2023 by using Section 5 of the FTC Act to take legal action against three companies and two individuals, forcing them to drop noncompete provisions. This is the first time that the FTC has brought an enforcement action to halt the use of noncompete (...)

The US FTC sets its sights on noncompete agreements and launches its first major standalone section 5 claims
Shearman & Sterling (Washington)
United States 12 contributions 3987 visits
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Shearman & Sterling (Washington)
United States 17 contributions 11517 visits
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Shearman & Sterling (New York)
United States 19 contributions 7633 visits
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Introduction Last week, the FTC announced two significant moves. First, the FTC brought its first major standalone Section 5 actions, targeting certain companies’ employment noncompete agreements as unfair methods of competition. The very next day, the FTC issued a Notice of Proposed Rulemaking (...)

The US FTC proposes a broad ban on worker noncompete clauses New
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 1 contribution 42 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 1 contribution 42 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 1 contribution 42 visits
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On January 5, 2023, the U.S. Federal Trade Commission (FTC) issued a notice of proposed rulemaking under the FTC Act with far-reaching implications for U.S. employers. If enacted and enforced, the proposed rule would prohibit employers from entering noncompete clauses with workers, and require (...)

The US FTC proposes a new rule to ban nearly all employee noncompete agreements
Hogan Lovells (Washington)
United States 1 contribution 41 visits
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Hogan Lovells (Washington)
United States 15 contributions 6238 visits
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Hogan Lovells (Washington)
United States 3 contributions 715 visits
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On 5 January 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule. The proposed rule, if adopted, would effectively ban the use of non-competes with employees by making the use of such non-competes a violation of Section 5 of (...)

The Austrian Cartel Court finds that a retailer infringed cartel law by entering into illegal vertical agreements with manufacturers upon an application by the Competition Authority (Georg Hausmann)
Austrian Competition Authority (Vienna)
Austria 41 contributions 4391 visits
School Bag Cartel: Cartel Court finds infringement by Georg Hausmann KG upon AFCA application* Following an application submitted by the Austrian Federal Competition Authority (AFCA), the Cartel Court found an infringement by Georg Hausmann KG, issuing its decision on the 5th of December 2022 (...)

The EU Court of Justice AG Rantos issues an opinion suggesting that prior approval rules by sports-governing bodies do not conflict with EU competition law (ESLC / UEFA / FIFA) New
Van Bael & Bellis (Brussels)
Belgium 22 contributions 4152 visits
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Van Bael & Bellis (Brussels)
Belgium 379 contributions 88827 visits
On 15 December 2022, Advocate General (“AG”) Rantos issued an opinion in the European Superleague Company case in which he recommended that the FIFA-UEFA rules on the prior approval of new sports competitions should be held to be compatible with Articles 101 and 102 TFEU. The AG considered that, (...)

The Italian Competition Authority warns that shifting ATM and POS fees from banks to consumers would restrict competition (Bancomat) New
Luiss Guido Carli University (Rome)
Italy 7 contributions 1915 visits
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Luiss Guido Carli University (Rome)
Italy 15 contributions 10657 visits
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Luiss Guido Carli University (Rome)
Italy 7 contributions 3921 visits
Bancomat S.p.A. (formerly Consorzio Bancomat and hereinafter also referred to as ’Bancomat’) is the company that manages the Bancomat and PagoBancomat withdrawal and payment circuits, as well as the related cards, which can be used to make withdrawals at Automated Teller Machines (ATMs) and (...)

The EU Commission fines five styrene purchasers €157M for fixing prices and exchanging commercially sensitive information and grants a sixth member of the cartel full leniency (Sunpor / Synbra / Synthomer / Synthos / Trinseo / INEOS) New
Van Bael & Bellis (Brussels)
Belgium 22 contributions 4152 visits
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Van Bael & Bellis (Brussels)
Belgium 379 contributions 88827 visits
On 29 November 2022, the European Commission (the “Commission”) announced that it had imposed fines totalling €157 million on five companies involved in a purchasing cartel concerning styrene monomer (“styrene”) for various periods between 1 May 2012 and 30 June 2018. The five companies fined - (...)

The Polish Competition Authority fines 16 basketball clubs and the national league for exchanging commercially sensitive information and colluding to terminate player contracts during the COVID-19 pandemic (BM Slam Stal / Gdyński Klub / Gliwickie /...) New Free
Bird & Bird (Warsaw)
Poland 5 contributions 958 visits
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Bird & Bird (Warsaw)
Poland 1 contribution 93 visits
In December 2022, the Polish Competition Authority (Polish: Prezes Urzędu Ochrony Konkurencji i Konsumentów (“UOKiK”)) (the “PCA”) published the non-confidential version of its decision imposing fines on 16 basketball clubs (the “Clubs”) and the national basketball league (the “League”) for alleged (...)

The Italian Competition Authority finds that a fast-food giant abused the economic dependence of franchisees and imposes contractual obligations to remedy the situation (McDonald’s) New
Luiss Guido Carli University (Rome)
Italy 7 contributions 1915 visits
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Luiss Guido Carli University (Rome)
Italy 15 contributions 10657 visits
The case concerns the franchising activity carried out in Italy by McDonald’s Development Italy LLC (hereinafter MCDI). MCDI - is a U.S. company, with registered office in Wilmington and branch office in Milan, member of the McDonald’s Group (a U.S. company based in Oak Brook, Illinois). The (...)

Unilateral Practices

 The US DoJ, along with multiple State Attorneys General, sues a Big Tech company for monopolizing digital advertising technologies, and for the first time in decades seeks damages for a civil antitrust violation (Google) New Free
US Department of Justice (Washington DC)
United States 145 contributions 57865 visits
Justice Department Sues Google for Monopolizing Digital Advertising Technologies* Through Serial Acquisitions and Anticompetitive Auction Manipulation, Google Subverted Competition in Internet Advertising Technologies Today, the Justice Department, along with the Attorneys General of (...)

The German Competition Authority initiates competition infringement proceedings against a payment services provider for possibly foreclosing competitors and restricting price competition (Paypal) New Free
German Competition Authority (Bonn)
Germany 422 contributions 106180 visits
Bundeskartellamt initiates proceeding against PayPal* The Bundeskartellamt has initiated a proceeding against PayPal (Europe) S.à.r.l. et Cie, S.C.A. on account of practices possibly foreclosing competitors and restricting price competition. The proceeding deals with PayPal’s “Rules about (...)

The EU Court of Justice finds a major FMCG company liable for abuse of dominance due to exclusivity clauses imposed by its independent distributors on operators of sale outlets (Unilever Italia) New Free
European Court of Justice (Luxembourg)
Luxembourg 314 contributions 81642 visits
Abuse of a dominant position: exclusivity clauses in distribution contracts must be capable of having exclusionary effects* The competition authority is obliged to assess that actual capacity to exclude by also taking into account the evidence submitted by the undertaking in a dominant (...)

The Turkish Competition Authority grants block exemption to a multi-category e-marketplace company after a preliminary investigation on alleged restriction of competition practices (Trendyol) New
ACTECON (Istanbul)
Turkey 10 contributions 3490 visits
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ACTECON (Istanbul)
Turkey 3 contributions 1232 visits
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ACTECON (Istanbul)
Turkey 2 contributions 618 visits
On 17 January 2023, the Turkish Competition Authority (“TCA”) announced its reasoned decision rendered as a result of the preliminary investigation that was conducted against DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ (“Trendyol”). The preliminary investigation was initiated pursuant to a (...)

The EU Court of Justice upholds the General Court’s judgment imposing a fine of approximately € 20 million on the Lithuanian national rail company for abuse of dominance (Lietuvos geležinkeliai)
European Court of Justice (Luxembourg)
Luxembourg 314 contributions 81642 visits
Abuse of a dominant position: The Court of Justice upholds the judgment of the General Court imposing a fine of approximately € 20 million on the Lithuanian national rail company * The Commission conducted a comprehensive analysis which makes it possible to establish to the requisite legal (...)

The Polish Competition Authority fines a German manufacturer of vacuum cleaners for resale price maintenance (Karcher)
Polish Competition Authority (Warsaw)
Poland 102 contributions 18290 visits
Karcher - fine for long-standing collusion* Sales prices of cleaning devices and systems of the Kaercher brand have been artificially inflated for more than 20 years. President of UOKiK Tomasz Chróstny imposed a fine of PLN 26 million on the Karcher company. The penalty would be significantly (...)

The German Competition Authority issues statement of objections against a Big Tech company’s data processing terms (Google)
German Competition Authority (Bonn)
Germany 422 contributions 106180 visits
Statement of objections issued against Google’s data processing terms* On 23 December 2022 the Bundeskartellamt sent Alphabet Inc., Mountain View, USA, Google Ireland Ltd., Dublin, Ireland, and Google Germany GmbH, Hamburg, Germany, its preliminary legal assessment in the proceeding initiated (...)

The German Competition Authority issues a Statement of Objections against a Big Tech search engine for implementing anticompetitive data processing terms (Google)
German Competition Authority (Bonn)
Germany 422 contributions 106180 visits
Statement of objections issued against Google’s data processing terms* Bonn, 11 January 2023: On 23 December 2022 the Bundeskartellamt sent Alphabet Inc., Mountain View, USA, Google Ireland Ltd., Dublin, Ireland, and Google Germany GmbH, Hamburg, Germany, its preliminary legal assessment in the (...)

The Czech Competition Authority fines a payment processing company for abuse of dominance in the market for updated data on public transport timetables (Chaps)
Czech Competition Authority (Brno)
Czech Republic 34 contributions 4838 visits
NEW FINE FOR ABUSE OF DOMINANT POSITION IMPOSED ON CHAPS AMOUNTS TO CZK 956,000* The Chairman of the Office for the Protection of Competition, Petr Mlsna, has confirmed repeatedly the fine of CZK 956,000 imposed on CHAPS spol. s r.o. (hereinafter CHAPS) for abuse of a dominant position in the (...)

Mergers

 The German Competition Authority unconditionally clears takeover of an electronic newspaper and magazine platform by a global books and magazine publishing company (Readly / Cafeyn) New
German Competition Authority (Bonn)
Germany 422 contributions 106180 visits
The Swedish media group Bonnier News Group AB intends to acquire all shares in Readly International AB based in Stockholm, Sweden. Bonnier agreed with the French Cafeyn Group SAS that Cafeyn will be taking over Readly’s international business after the acquisition. The Bundeskartellamt has (...)

The US FTC announces 2023 update on size of transaction thresholds for premerger notification filings and Interlocking directorates New
US Federal Trade Commission (FTC) (Washington)
United States 140 contributions 34085 visits
FTC Announces 2023 Update of Size of Transaction Thresholds for Premerger Notification Filings and Interlocking Directorates* Commission also announces new HSR merger filing fees January 23, 2023 The Federal Trade Commission has approved revised jurisdictional and filing fee thresholds for (...)

The Irish Competition Authority clears acquisition of a pharmaceutical retail chain’s parent company by its rival subject to commitments (Uniphar / LXV Remedies) New
Irish Competition Authority (Dublin)
Ireland 86 contributions 13984 visits
CCPC requires binding commitments from Uniphar to acquire Sam McCauley Chemists* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a number of legally binding commitments, the proposed acquisition by Uniphar PLC (Uniphar) of sole control of LXV Remedies (...)

The Australian Competition Authority consults on a proposed court-enforceable divestiture by a supplier of construction chemicals in its acquisition of a rival (Sika / MBCC) New
Australian Competition and Consumer Commission (Canberra)
Australia 352 contributions 74445 visits
ACCC consults on Sika’s proposed divestiture undertaking* The ACCC is seeking views on a proposed court-enforceable divestiture undertaking offered by Sika in relation to its proposed acquisition of MBCC Group. Sika and MBCC Group supply construction chemicals and materials including chemical (...)

The German Competition Authority clears the merger between two roof tile manufacturers as unlikely to impede competition (Wienerberger / Terreal) New
German Competition Authority (Bonn)
Germany 422 contributions 106180 visits
Merger between roof tile manufacturers: Wienerberger can take over Terreal* The Bundeskartellamt has cleared plans by Wienerberger AG, Vienna, Austria, to acquire all shares in Terreal Holding S.A.S, Suresnes, France. Andreas Mundt, President of the Bundeskartellamt: “As a result of the (...)

The UK Competition Authority unwinds dough deal to protect grocers and shoppers (Cérélia / Jus-Rol) New
United Kingdom’s Competition Authority (CMA) (London)
United Kingdom 338 contributions 86458 visits
CMA unwinds dough deal to protect UK grocers and shoppers* Following an in-depth review, the CMA has found Cérélia’s purchase of Jus-Rol could leave UK retailers and shoppers facing higher prices and lower quality products. The CMA has concluded the only way to preserve the degree of competition (...)

The Cypriot Competition Authority launches a full investigation into a merger regarding the transfer of an aircraft business to a joint venture (L.G.S. Handling / Swissport) New
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 51 contributions 6370 visits
PRESS RELEASE: The Commission for the Protection of Competition has decided to launch a full investigation of the merger regarding a transfer of business of L.G.S. Handling Ltd and Swissport Cyprus Ltd to their joint venture S & L Airport Services Ltd* The Commission for the Protection of (...)

The Spanish Competition Authority clears the acquisition of a distributor of biomedical products by an assisted reproduction treatments provider subject to commitments (KKR / IVI) New
Spanish Competition Authority (CNMC) (Madrid)
Spain 114 contributions 25930 visits
The CNMC clears KKR’s acquisition of IVI, subject to commitments* The transaction concerns the healthcare sector for assisted reproductive treatments. KKR has agreed to disinvest in the provinces of Seville, Murcia and Zaragoza in order to maintain competition in these areas. In Madrid, it won’t (...)

The Spanish Competition Authority fines a mobile carrier €1.5 million for executing an acquisition before filing notification with the Competition Authority (Xfera Móviles) New
Spanish Competition Authority (CNMC) (Madrid)
Spain 114 contributions 25930 visits
The CNMC fines Xfera Móviles, a subsidiary of Másmóvil, 1.5 million euros for executing an acquisition before notifying it.* The company bought Alma Telecom, which had its own geographic numbering to provide fixed call termination services. Companies are required by law to pre-notify their mergers (...)

The Irish Competition Authority clears the acquisition of certain mortgage (tracker) assets by a bank (AIB / Ulster Bank)
Irish Competition Authority (Dublin)
Ireland 86 contributions 13984 visits
CCPC clears AIB acquisition of Ulster Bank tracker mortgages* The Competition and Consumer Protection Commission (CCPC) has cleared the proposed acquisition of certain mortgage (tracker) assets of Ulster Bank Ireland DAC (Ulster Bank), by Allied Irish Banks p.l.c. (AIB) M/22/044. The certain (...)

The Cypriot Competition Authority receives notification of a concentration regarding the acquisition of the share capital of a special purpose vehicle by an investment company (Contabo Topco / KKR & Co)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 51 contributions 6370 visits
Notification of a concentration regarding the acquisition of the share capital of Contabo Topco GmbH by KKR & Co. Inc., via Constellation BidCo GmbH* The Service of the Commission for the Protection of Competition announces that is has received a notification in relation with the proposed (...)

The Turkish Competition Authority publishes mergers and acquisitions overview report for 2022 New
ACTECON (Istanbul)
Turkey 1 contribution 51 visits
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ACTECON (Istanbul)
Turkey 13 contributions 2177 visits
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ACTECON (Istanbul)
Turkey 4 contributions 184 visits
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The Turkish Competition Authority (“TCA”) has published its Mergers and Acquisitions Overview Report for 2022 (“Report”) on January 6, 2023. For ease of reading, we will refer to M&As as mergers. The Report offers an overview of the TCA’s work on mergers and provides comparisons with previous (...)

The Maltese Competition Authority announces to the general public that a notification of a concentration between a supplier of wellbeing and health products and supplier of medical equipment has been filed (Prohealth / Triomed)
Malta Competition and Consumer Affairs Authority (Ħamrun)
Malta 10 contributions 461 visits
In terms of regulation 5(4) of the Control of Concentrations Regulations, 2002 published in Legal Notice 294 of 2002, the Director General of the Office for Competition notifies for general information that a notification of a concentration between Prohealth Limited (Zebbug) and TrioMed (...)

The Brazilian Competition Authority conditionally clears a joint venture of firms in the automotive sector subject to compliance with information exchange restrictions (Volkswagen / BMW / Mercedes-Benz / BASF / Bosch / Henkel / SAP / Schaeffler / Siemens / T-Systems / ZF)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 26 contributions 11098 visits
CADE conditionally clears a joint venture of firms in the automotive sector* The companies’ trade agreement will give rise to a new economic player On 14 December 2022, the Administrative Council for Economic Defense (CADE) conditionally cleared a joint venture among 11 companies in the (...)

The Brazilian Competition Authority unconditionally clears a merger between two institutions in the healthcare sector as the merger does not raise competition concerns (Rede D’Or / Sul América)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 26 contributions 11098 visits
CADE clears merger between Rede D’Or and Sul América S.A* The transaction regards two major institutions in the Brazilian healthcare sector In the hearing of 14 December 2022, the Tribunal of the Administrative Council for Economic Defense (CADE) unconditionally cleared, by its majority, the (...)

The Maltese Competition Authority announces to the general public that a notification of a concentration between a healthcare products investment company and a pharmaceutical products company has been filed (L1 Health / Emma Healthcare)
Malta Competition and Consumer Affairs Authority (Ħamrun)
Malta 10 contributions 461 visits
Notification of Concentration* In terms of regulation 5(4) of the Control of Concentrations Regulations, 2002 published in Legal Notice 294 of 2002, the Director General of the Office for Competition notifies for general information that a notification of a concentration between L1 Health GP (...)

The Hungarian Parliament recently adopts an amendment to the Hungarian Competition Act, which will enter into force on 1 January 2023
Hogan Lovells (Budapest)
Hungary 8 contributions 18230 visits
The Hungarian Parliament has recently adopted an amendment to the Hungarian Competition Act, in Act LV of 2022, which will enter into force on 1 January 2023 (the “Amendment”).The changes include increased general turnover thresholds, clarification on notifications under the so called “soft (...)

The Maltese Competition Authority announces to the general public that a notification of a concentration between a drug development and manufacturing company and an injectables drug company has been filed (Gland Pharma / Phixen)
Malta Competition and Consumer Affairs Authority (Ħamrun)
Malta 10 contributions 461 visits
Notification of Concentration* In terms of regulation 5(4) of the Control of Concentrations Regulations, 2002 published in Legal Notice 294 of 2002, the Director General of the Office for Competition notifies for general information that a notification of a concentration between Gland Pharma (...)

The US Congress enacts significant changes to Hart-Scott-Rodino Act in terms of filing fees and disclosure requirements
Dechert (Washington)
United States 15 contributions 2321 visits
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Dechert (New York)
United States 9 contributions 1238 visits
Key takeaways The newly enacted Merger Filing Fee Modernization Act significantly changes filing fees for HSR filings. The changes are expected to take effect in 2023; the exact date is still to be announced. Applicable HSR filing fees for many transactions valued under US$1 billion will (...)

The US Congress enacts substantial increase in U.S. merger notification filing fees for large deals
Jones Day (Washington)
United States 19 contributions 6096 visits
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Jones Day (Washington)
United States 10 contributions 2357 visits
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Jones Day (Chicago)
United States 10 contributions 1326 visits
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The Consolidated Appropriations Act, 2023 increases Hart-Scott-Rodino Act filing fees for large transactions, decreases filing fees for small transactions, and requires changes to the HSR Form. The Consolidated Appropriations Act, 2023 ("CAA"), the omnibus spending bill that Congress passed to (...)

State Aid

 The EU Commission approves a Danish scheme worth €1.1B to support the roll-out of carbon capture and storage technologies
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2522097 visits
State aid: Commission approves €1.1 billion Danish scheme to support roll-out of carbon capture and storage technologies* The European Commission has approved, under EU State aid rules, a €1.1 billion Danish scheme to support the roll-out of carbon capture and storage (‘CCS’) technologies. The (...)

The EU Court of Justice clarifies that State aid cannot be established as a result of a judicial decision (DOBELES HES / GM)
European Court of Justice (Luxembourg)
Luxembourg 314 contributions 81642 visits
The establishment as such of State aid cannot result from a judicial decision* On 5 May 2004, Latvia adopted a Law (in force from 8 June 2004 to 31 December 2014) seeking to amend the procedure applicable to the sale by electricity producers of surplus production at an increased tariff. That (...)

The Polish Competition Authority fines a pig feed producer for increasing prices on farmers to appropriate State aid awarded following an African Swine Fever outbreak (Agri Plus)
Polish Competition Authority (Warsaw)
Poland 102 contributions 18290 visits
Agri Plus - decision of President of UOKiK* Agri Plus - a company from the Animex capital group, one of the biggest organisers of pigs feeding in Poland, was taking away from farmers their compensations awarded by the State for ASF losses. President of UOKiK Tomasz Chróstny has imposed more than (...)

Procedures

 The EU Court of Justice finds that a national court may order the disclosure of evidence during the course of competition law proceedings for damages, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement (Regiojet)
European Court of Justice (Luxembourg)
Luxembourg 314 contributions 81642 visits
A national court may order the disclosure of evidence for the purpose of proceedings for damages connected with an alleged infringement of competition law, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement* That (...)

Regulatory

 The EU Parliament and Council see their Foreign Subsidies Regulation enter into force, imposing new notification requirements for companies from third countries active in the Union
Arendt & Medernach (Luxembourg)
Luxembourg 54 contributions 108167 visits
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Arendt & Medernach (Luxembourg)
Luxembourg 2 contributions 2331 visits
The EU regulation on foreign subsidies distorting the internal market (“FSR”) enters into force on 12 January 2023. it marks an important legislative evolution for companies from third countries engaged in an economic activity within the EU and aims to ensure a level playing field in the EU (...)

The EU Parliament and Council adopt the final text of the Foreign Subsidies Regulation with significant impact on foreign business activities in the Union, including new obligations and expanded penalties
Hogan Lovells (Brussels)
Belgium 1 contribution 83 visits
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Hogan Lovells (Hamburg)
Germany 4 contributions 1624 visits
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Hogan Lovells (Brussels)
Belgium 3 contributions 663 visits
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The new EU Foreign Subsidies Regulation, which appears to mirror the substantive EU State aid principles set out in Article 107 (1) of the Treaty on the Functioning of the European Union (“TFEU”) and entered into force on 12 January 2023, will have a significant impact on foreign business (...)

The UK Parliament sees its Subsidy Control Act come into force, implementing a new subsidy regulation framework designed for the post-Brexit era
Covington & Burling (Brussels)
Belgium 7 contributions 1068 visits
On 4 January 2023, the UK’s new subsidy control regime came into force, implementing a new subsidy regulation framework designed for the post-Brexit era. Underpinned by the Subsidy Control Act 2022 (the “Act”), related statutory instruments and government guidance, the new regime aims to grant (...)

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