July 2020

General antitrust

The German Competition Authority demands better information for consumers on the data processed by smart TVs
German Competition Authority (Bonn)
Bundeskartellamt demands better information for consumers on the data processed by smart TVs within the scope of its competencies in the area of consumer protection* Today the Bundeskartellamt has published the final report on its sector inquiry into smart TVs. Smart TVs are web-enabled TV (...)

The UK Competition Authority publishes a series of regulatory initiatives aimed at online platforms focussed on digital advertising and signals a new path for UK clampdown on big techs due to the current inadequate competition law toolkit
Shearman & Sterling (London)
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Shearman & Sterling (London)
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Shearman & Sterling (Brussels)
On 1 July 2020, the U.K. Competition and Markets Authority (CMA) published a statement outlining a series of regulatory initiatives aimed at Google and Facebook, focussed on digital advertising. This follows the release of the CMA’s report on digital advertising and online platforms the same (...)

The UK Competition Authority calls for a new regime regulating tech giants
United Kingdom’s Competition Authority - CMA (London)
New regime needed to take on tech giants* The CMA is calling on the government to introduce a new pro-competition regulatory regime to tackle Google and Facebook’s market power. The dynamic nature of digital advertising markets and the types of concerns identified by the Competition and (...)

The EU Commission opens public consultation on the market definition Notice used in EU competition law and whether an update is required
DG COMP (Brussels)
Competition: Commission consults stakeholders on the Market Definition Notice* The European Commission has published today a public consultation on the Market Definition Notice used in EU competition law. The open questionnaire will contribute to the Commission’s evaluation of the Notice to (...)

The US DoJ signs historic memorandum of understanding with the Securities and Exchange Commission
US Department of Justice - Antitrust Division (Washington)
Justice Department’s Antitrust Division And The Securities And Exchange Commission Sign Historic Memorandum Of Understanding* The Department of Justice’s Antitrust Division and the Securities and Exchange Commission have signed an interagency Memorandum of Understanding (“MOU”) to foster (...)

The Polish Government adopts legislation under which transactions involving Polish companies and non-EEA investors would be subject to a new clearance obligation Free
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
Due to the COVID-19 pandemic and the looming economic crisis, Poland is currently adopting legislation, under which transactions involving certain Polish companies and non-EEA investors would be subject to a new clearance obligation. This legislation also temporarily adopts the FDI Screening (...)

The EU Commission works on legislative proposals that would empower it to tackle competition distortions involving foreign government subsidies operating in or entering into the EU’s Internal Market
Morgan Lewis (Brussels)
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Morgan Lewis (Brussels)
The European Commission (EC) is currently working on legislative proposals (the White Paper) that would grant the EC new enforcement powers to address potential competition distortions caused by companies operating in or entering into the EU’s Internal Market, which benefit from subsidies from (...)

The EU Commission proposes to grant new enforcement powers to the Commission to address competition distortions caused by companies benefiting from subsidies from third-country governments
Morgan Lewis (Brussels)
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Morgan Lewis (Brussels)
The European Commission has published a White Paper proposing to grant the Commission new enforcement powers to address competition distortions caused by companies operating in, or entering into, the European Union’s Internal Market, which benefit from subsidies from third-country governments. (...)

The EU Commission proposes new powers of investigation, sanction and control on mergers, market conduct and public contracts to combat foreign subsidies
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
The European Commission (EC) has proposed far-reaching new powers to investigate and sanction foreign subsidies that have allegedly distortive effects on the European Union’s (EU) internal market. The proposals include: (i) mandatory notification of acquisitions, including potentially minority (...)

The EU Commission releases a white paper consulting on leveling the playing field as regards foreign subsidies
Kirkland & Ellis (London)
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Kirkland & Ellis (London)
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Kirkland & Ellis (London)
The Commission’s White Paper on Foreign Subsidies* 1. Overview On 17 June 2020, the European Commission (“EC”) issued a White Paper consulting on “Levelling the Playing Field as regards Foreign Subsidies”. These are major new proposals to protect EU companies against perceived unfair advantage (...)

The OECD holds a roundtable on consumer data rights and competition
OECD - Competition Division (Paris)
Privacy and consumer data rights are gaining more attention across the globe as more and more consumers come to rely on the services offered in the digital economy. Consumer data rights can include fundamental rights to privacy, as well as regulations controlling the manner in which consumers (...)

Anticompetitive practices

The US DoJ charges Louisiana company with conspiracy to defraud the Government and violate the Procurement Integrity Act (Cajan Welding & Rentals)
US Department of Justice - Antitrust Division (Washington)
Louisiana Company Charged With Conspiracy To Defraud The Government And Violate The Procurement Integrity Act* United States Attorney Peter G. Strasser and Makan Delrahim, Assistant Attorney General for the Antitrust Division of the Department of Justice, announced that CAJAN WELDING & (...)

The Latvian Competition Authority finds that a state owned company’s procurement of road vehicle number plates production and supply is by default favoring one competitor in the bidding process (Road Traffic Safety Directorate)
Konkurences padome (Riga)
The CC: the car number plates procurement organised by CSDD is favourable for one company* During the market study, while investigating the procurement of road vehicle number plates production and supply, organised by state owned company “Road Traffic Safety Directorate” (CSDD), the Competition (...)

The Romanian Competition Authority releases for public consultation the new guide on vertical agreements
Romanian Competition Council (Bucharest)
The Competition Council Launches for Public Debates the Guide on Vertical Agreements* The Competition Council elaborated the "Guide on vertical agreements" in order to support companies that have to assess, on a case-by-case basis, the compatibility of the vertical agreements they wish to (...)

The UK Competition Authority imposes a £1.2m fine for price fixing in private eyecare (Spire)
United Kingdom’s Competition Authority - CMA (London)
CMA imposes £1.2m in fines for price-fixing in private eyecare* The CMA has found that a private hospital group and 7 consultant ophthalmologists broke competition law by taking part in illegal price fixing. Following an investigation by the Competition and Markets Authority (CMA), Spire (...)

The Japanese FTC issues a cease and desist order against 3 distributors of high school uniforms in Toyota City, Aichi Prefecture for engaging in anticompetitive conduct (Gakuseinomise Mikusa Toyotaten / Kondo Yofukuten / Nonoyama Yofuku)
Japan Fair Trade Commission (Tokyo)
JFTC Issued Cease and Desist Orders against Uniform Distributors of Aichi Prefectural High Schools in Toyota City* JFTC today issued cease and desist orders pursuant to the provision of Paragraph 2, Article 7 of the Antimonopoly Act (hereinafter referred to as “AMA”) against the uniform (...)

The Irish Competition Authority warns businesses must act independently when setting prices during the re-opening phase of COVID-19 Free
Irish Competition Authority (Dublin)
CCPC warns businesses must act independently when setting prices during reopening phase* CCPC engages with trade associations following public statements to warn against co-ordination Any new prices & charges must adhere to competition and consumer protection law Consumers are entitled to (...)

The US DoJ charges fifth pharmaceutical company in ongoing criminal antitrust investigation into fixing prices of generic drugs (Glenmark Pharmaceuticals)
US Department of Justice - Antitrust Division (Washington)
Fifth Pharmaceutical Company Charged In Ongoing Criminal Antitrust Investigation* Glenmark Pharmaceuticals Inc., USA was charged for conspiring to fix prices for generic drugs, the Department of Justice announced today. The charge, filed today in the U.S. District Court in Philadelphia, (...)

The EU Commission launches a process to address the issue of collective bargaining for the self-employed
DG COMP (Brussels)
Competition: The European Commission launches a process to address the issue of collective bargaining for the self-employed* The European Commission is launching today a process to ensure that the EU competition rules do not stand in the way of collective bargaining for those who need it. The (...)

The International Competition Network presents a scoping paper on big data and cartels analyzing the impact of digitalization in cartel enforcement
Autorité de la concurrence (Paris)
The International Competition Network presents a scoping paper on “Big Data and Cartels” analyzing the impact of digitalization in cartel enforcement* What does digitalization change in cartel enforcement? Over the past few years, there has been a wide debate about the new digital dimension of (...)

The Danish Competition Authority finds that a digital platform for professional service providers infringed competition law by object when its algorithm suggested minimum quotes that accountants and bookkeepers should charge clients on the platform (Ageras)
Danish Competition and Consumer Authority (Copenhagen)
Danish Competition Council: Ageras has infringed competition law* This decision concerns the actions of the digital platform Ageras A/S (Ageras). Ageras offers a digital platform - www.ageras.dk – that allows users of professional services such as accounting, bookkeeping and legal services to (...)

The Peruvian Competition Authority publishes informational guidelines about anticompetitive agreements among companies in labor markets
Peruvian Competition Authority - INDECOPI (Lima)
Indecopi publishes informational guidance on the importance of respecting competition in labor markets* These Guidelines are aimed at companies, employers and human resources professionals and are intended to inform them about the risks of implementing anti-competitive agreements affecting (...)

The German Competition Authority clears online platform sales model of a brand’s competing brick-and-mortar retailers being allowed to sell on the same platform under the umbrella of the brand (Intersport)
German Competition Authority (Bonn)
Bundeskartellamt clears Intersport’s online platform sales model* The Bundeskartellamt has examined Intersport’s online platform sales model and has no objections under competition law. Based on the available information the Bundeskartellamt sees no need for an in-depth examination. Andreas (...)

The Portuguese Competition Authority issues a statement of objections to food retail groups and a supplier of pre-packaged bread and substitutes and cakes for price fixing (Modelo Continente / Pingo Doce / Auchan / Bimbo Donuts)
Portuguese Competition Authority (Lisbon)
AdC issues Statement of Objections to supermarket chains and bread supplier for price fixing, harmful to consumers* The AdC – Portuguese Competition Authority issued a Statement of Objections (SO) to three large food retail groups and a supplier of pre-packaged bread and substitutes and cakes, (...)

The French Competition Authority examines commitment proposals relating to agreements concluded between food retailers in the agricultural sector (Casino / Auchan / Metro / Schiever)
Autorité de la concurrence (Paris)
Purchasing Offices: The Autorité Examines Commitment Proposals* The Autorité de la concurrence launched several inquiries to examine the joint purchasing agreements in the food retail sector. It has received proposals for commitments relating to the agreements concluded between Casino, Auchan, (...)

The Danish Competition Authority finds the exchange of information on prices, discounts and quantities in relation to future sales between retailers of clothing items illegal (Hugo Boss / Kaufmann) (Hugo Boss / Ginsborg)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has adopted a decision finding the exchange of information on prices, discounts and quantities in relation to future sales between retailers of clothing items illegal* On June 24 2020, the Danish Competition Council (DCC) adopted two separate decisions concerning (...)

The Swedish Competition Authority fines a municipality for carrying out an illegal direct award of a building contract (Nynäshamn municipality)
Swedish Competition Authority (Stockholm)
Nynäshamn Municipality carried out an illegal direct award of a building contract* When Nynäshamn Municipality had a property rebuilt into a group residence, this was a building contract that should have been procured in accordance with the Public Procurement Act. The fact that the agreement was (...)

The Dutch Competition Authority offers guidance for collaborations between telecom operators in the roll-out of mobile networks
Netherlands Authority for Consumers & Markets (The Hague)
ACM offers guidance for collaborations between telecom operators in the roll-out of mobile networks* Well-functioning mobile services are crucial for the Netherlands. Data consumption in 2019 increased by more than 30% compared with 2018, and more than tenfold compared with five years ago. (...)

The Australian Competition Authority proposes to allow coal producers to collectively negotiate terms and conditions for access to the Port of Newcastle
Australian Competition and Consumer Commission (Canberra)
Coal producers to be authorised to collectively negotiate with Port of Newcastle* The ACCC proposes to allow the NSW Minerals Council and ten coal producers to collectively negotiate the terms and conditions, including price, of access to the Port of Newcastle for the export of coal and other (...)

The Australian Federal Court sees Norwegian global shipping company plead guilty to criminal cartel conduct (Wallenius Wilhelmsen)
Australian Competition and Consumer Commission (Canberra)
Wallenius Wilhelmsen pleads guilty to criminal cartel conduct* Norwegian-based global shipping company Wallenius Wilhelmsen Ocean AS (WWO) has today entered a guilty plea in the Federal Court to criminal cartel conduct. After an ACCC investigation, on 23 August 2019 the Commonwealth Director (...)

The UK Supreme Court finds payment card schemes used in supermarkets infringing competition law (Sainsbury’s / Visa & MasterCard)
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
On June 17, 2020, the UK Supreme Court handed down its judgment in the appeals on the lawfulness of multilateral interchange fees, or swipe fees, (MIFs) in Sainsbury’s Supermarkets Ltd (Respondent) v. Visa Europe Services LLC and Others (Appellants) and Sainsbury’s Supermarkets Ltd and Others (...)

The UK Supreme Court dismisses an appeal concerning two largest payment processing networks on the basis that their multilateral interchange fees restricted competition (Sainsbury’s / Visa & MasterCard)
Van Bael & Bellis (Brussels)
On 17 June 2020, the UK Supreme Court dismissed Mastercard and Visa’s appeal against a 2018 ruling by the Court of Appeal of England and Wales and ruled that their multilateral interchange fees (“MIFs”) unlawfully restricted competition. The Supreme Court’s ruling potentially exposes Mastercard and (...)

The Swedish Competition Authority fines a municipal company for illegal direct award of a contract and clarifies that there is no exception for artistic reasons (Örebrokompaniet)
Swedish Competition Authority (Stockholm)
No exception on artistic reasons when Örebrokompaniet purchased a light show* The exception for artistic performance was not applicable when Örebrokompaniet purchased event services without prior notice. The company is thus guilty of an illegal direct award of contract and the Swedish (...)

The US District Court for the Northern District of California sentences former CEO of canned tuna company to prison for price fixing (Christopher Lischewski / Bumble Bee Foods)
US Department of Justice - Antitrust Division (Washington)
Former Bumble Bee CEO Sentenced To Prison For Fixing Prices Of Canned Tuna* Christopher Lischewski, former Chief Executive Officer and President of Bumble Bee Foods LLC, was sentenced to serve 40 months in jail and pay a $100,000 criminal fine for his leadership role in a three-year antitrust (...)

The Peruvian Supreme Court confirms the Competition’s Authority sanctions imposed on a medical oxygen cartel for bid-rigging by a national health insurer’s public tenders (Messer Gases / Linde Gas / Praxair)
Peruvian Competition Authority - INDECOPI (Lima)
The Supreme Court of Justice confirmed the sanction imposed by Indecopi to the Medical Oxygen Cartel* The Permanent Constitutional and Social Law Chamber of the Supreme Court has declared unfounded the cassation appeals filed by the companies Messer Gases del Perú S.A., Linde Gas Perú S.A. and (...)

The US DoJ announces a $100,000 fine and a sentence to 40 months in prison a former CEO for his role in a tuna price-fixing conspiracy involving two competitors (Bumble Bee Foods)
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
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Hogan Lovells (Washington)
On 16 June 2020, the former CEO of Bumble Bee Foods LLC was sentenced to 40 months in prison and fined US$100,000 for his role in a tuna price-fixing conspiracy involving two competitors. This sentence is one of the most significant penalties ever imposed on a corporate executive in a criminal (...)

The Romanian Competition Authority recommends that retailers affected by COVID-19 can negotiate their rental agreements as a group through intermediaries to avoid breaking competition law in the process Free
Romanian Competition Council (Bucharest)
The Competition Council Makes Recommendations in the Context of Reopening the Shopping Centres* The Competition Council recommends those companies that have rented commercial spaces in shopping centres to independently negotiate their contractual conditions with the owners/administrators of (...)

The UK Competition Authority accepts disqualification of two estate agent directors for their roles in price fixing cartel (Stephen Jones / Neil Mackenzie)
United Kingdom’s Competition Authority - CMA (London)
Estate agent directors disqualified for roles in illegal cartel* Stephen Jones and Neil Mackenzie were directors at estate agents Richard Worth and Michael Hardy, respectively, from September 2008 to May 2015. During this time, their firms took part in a cartel with 2 other local estate agents (...)

The Swedish Competition Authority requires municipal companies to comply with the Swedish Transparency Act (Stockholm Avfall / Stockholm Vatten)
Swedish Competition Authority (Stockholm)
Municipal companies are required to comply with the Swedish Transparency Act* Stockholm Avfall AB and Stockholm Vatten AB, two municipal companies, will, as of fiscal year 2020, maintain so-called transparent and separate accounts in accordance with the Swedish Transparency Act. This is the (...)

The Cypriot Competition Authority initiates proceedings against national pharmaceutical association for prima facie infringements of national and EU competition laws regarding fixing of prices and other trade conditions (Cyprus Pharmaceutical Association)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
The Commission for the Protection of Competition announces the notification of a Statement of Objections to the Cyprus Pharmaceutical Association regarding prima facie infringements of Section 3(1)(a) of the Protection of Competition Laws of 2008 and 2014 and Article 101(1) of the Treaty for (...)

The Mexican Competition Authority accepts commitments from the Association of Public Brokers to correct possible anticompetitive conducts
Mexican Competition Authority (Mexico City)
COFECE accepts commitments from the Association of Public Brokers to correct possible anticompetitive conducts* Relative monopolistic practices allegedly consisting in discriminatory treatment or establishing advantages in favour of certain agents were investigated in the market for the (...)

The Australian Competition Authority proposes to allow insurance companies and brokers to continue cooperation on COVID-19 temporary relief measures for certain small businesses Free
Australian Competition and Consumer Commission (Canberra)
Insurers to be authorised to continue relief measures for small businesses* The ACCC is proposing to allow insurance companies and brokers to continue coordination and implementation of temporary COVID-19 relief measures for certain small businesses. The authorisation will apply to Suncorp, (...)

The OECD holds a roundtable on the criminalisation of cartels and bid-rigging conspiracies
OECD - Competition Division (Paris)
Sanctions against cartels vary greatly across jurisdictions, from monetary fines against firms and other legal persons, to criminal sanctions (including custodial sentences) against individuals. In the last years, an increased adoption of criminal enforcement regimes has been observed across (...)

The New Zealand Competition Authority fines a pharmacy $344,000 and its director $50,000 for price fixing (Prices Pharmacy 2011 / Stuart Hebberd)
New Zealand Commerce Commission
Nelson pharmacy fined $344,000 and director $50,000 for price-fixing* The Wellington High Court has ordered Prices Pharmacy 2011 Limited and a director of the company, Stuart Hebberd, to pay fines of $344,000 and $50,000 respectively, after they admitted engaging in price-fixing in breach of (...)

The Indian Competition Authority finds four automotive and industrial bearing companies to have engaged in price-fixing and directs them to cease and desist from their collusive behaviour (Schaeffler / SKF / NEI / Tata)
Trilegal (Mumbai)
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Trilegal (Mumbai)
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Trilegal (Mumbai)
The Competition Commission of India (CCI) recently found National Engineering Industries Ltd. (NEI), Schaeffler India Ltd. (Schaeffler), SKF India Ltd. (SKF) and Tata Steel Ltd., Bearing Division (Tata) (collectively, OPs) to have collusively fixed the prices of automotive and industrial (...)

The Brazilian Competition Authority authorises competitor collaboration to assist the recovery of small retailers of beverages, food and personal and domestic care products against the economic effects of COVID-19 (Movimento Nós) Free
Caminati Bueno Advogados (São Paulo)
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Caminati Bueno Advogados (São Paulo)
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Caminati Bueno Advogados (São Paulo)
In an Extraordinary Judgment Session held on May 28th, the Tribunal of the Brazilian Antitrust Authority (Cade) ratified a decision of its General Superintendence and authorized a collaboration among a group of companies (including competitors) - Ambev, BRF, Coca-Cola, Mondelez, Nestlé and (...)

The Brazilian Competition Authority authorises temporary collaboration due to COVID-19 among competitors distributing consumer goods such as beverages, food, personal and domestic care products to small and medium retailers (Movimento Nós) Free
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Cade authorizes collaboration among Ambev, BRF, Coca-Cola, Mondelez, Nestlé and Pepsico due to the new coronavirus crisis* Exceptional measure aims to minimize the effects of the crisis due to the Covid-19 pandemic The Administrative Council for Economic Defense (Cade) recently decided to (...)

The Irish Competition Authority concludes examination of beef industry complaints without going into full investigation due to lack of evidence to prove complainants’ claims
Irish Competition Authority (Dublin)
CCPC Concludes Examination of Beef Industry Complaints* The Competition and Consumer Protection Commission (CCPC) has today written to over 200 individuals, including the Independent Farmers of Ireland, the Beef Plan Movement, and the Irish Farmers Association, regarding the outcome of an (...)

The Japanese FTC approves commitment plan submitted by international contact lenses company to alleviate concerns of restrictive trading practices (Cooper Vision Japan)
Japan Fair Trade Commission (Tokyo)
Approval of the Commitment Plan submitted by Cooper Vision Japan, Inc.* In response to the Notice of Commitment Procedures which the Japan Fair Trade Commission (hereinafter referred to as “JFTC”) issued to Cooper Vision Japan, Inc. (hereinafter referred to as “Cooper Vision Japan”) on March 13, (...)

The UK Competition Authority secures binding competition disqualification undertakings by a director involved in two separate anticompetitive arrangements relating to the supply of pharmaceuticals (Amit Patel / Auden McKenzie / Amilco)
Bird & Bird (London)
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Bird & Bird (London)
On 4 June 2020, the Competition Markets Authority (“CMA”) announced that it had secured binding competition disqualification undertakings by Mr Amit Patel, not to act as a director of any UK company for five years from 13 July 2020, in consequence of his involvement in two separate (...)

The EU Court of Justice Advocate General Kokott proposes to uphold the fine of almost €94 million imposed on a pharmaceutical group in the context of agreements intended to delay the marketing of generic versions of its antidepressant medicinal product citalopram (Lundbeck)
European Court of Justice (Luxembourg)
Advocate General Kokott proposes that the Court of Justice should uphold the fine of almost €94 million imposed on the Lundbeck pharmaceutical group in the context of agreements intended to delay the marketing of generic versions of its antidepressant medicinal product citalopram* The Advocate (...)

The UK Competition Authority secures disqualification of pharmaceutical company director for 5 years for breaching competition law (Amit Patel / Auden McKenzie / Amilco)
United Kingdom’s Competition Authority - CMA (London)
Pharma company director disqualified for competition law breaches* The CMA has secured the disqualification of pharmaceutical company director Amit Patel after he admitted his role in arrangements that broke competition law. Amit Patel has signed undertakings that ban him from holding a (...)

The Paris Court of Appeal upholds dismissal of French car repairers’ complaints against a car manufacturer’s alleged discrimination in determining membership of its authorised repair network (Huyndai)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 4 June 2020, the Competition Chamber of the Paris Court of Appeal (the “Court”) handed down a judgment dismissing the appeal filed by three car repairers (the “Claimants”) against a decision of the French Competition Authority (the “FCA”) to reject their complaint against Hyundai Motor France (...)

The Swedish Competition Authority fines a municipality-owned power company for illegal direct award of a contract and rejects its reason of "extreme urgency"(Skellefteå Kraft Elnät)
Swedish Competition Authority (Stockholm)
Skellefteå Kraft was not allowed to give a direct award of contract due to extreme urgency* Skellefteå Kraft Elnät AB was in breach of procurement rules when it purchased materials for Vitberget, Bergsbyn, and Rönnskär without prior advertisement. The Swedish Competition Authority believes that (...)

The Lithuanian Supreme Administrative Court upholds the decision finding construction companies guilty of bid rigging in public procurement (Panevėžio statybos trestas / Active Construction Management / Irdaiva)
Lithuanian Competition Authority (Vilnius)
Supreme Administrative Court of Lithuania: Construction Companies Restricted Competition in Public Procurement Through Joint Bidding* The Supreme Administrative Court of Lithuania (Court) rejected the appeals by the construction company Panevėžio statybos trestas (PST) and company Active (...)

The US DoJ files first charges in an ongoing investigation into price-fixing by major broiler chicken producers (Jayson Jeffrey Penn / Mikell Reeve Fries / Scott James Brady / Roger Born Austin)
US Department of Justice - Antitrust Division (Washington)
Senior Executives at Major Chicken Producers Indicted on Antitrust Charges* First Charges Filed in Ongoing Investigation into Fixing Prices of Broiler Chickens A federal grand jury in the U.S. District Court in Denver, Colorado, returned an indictment against four executives for their role in (...)

The Mexican Competition Authority opens a public consultation on draft modifications to the guidelines for the exchange of information between economic agents
Mexican Competition Authority (Mexico City)
Public Consultation on the Draft Modifications to the Guidelines for the Exchange of Information Between Economic Agents* Pursuant to articles 28, paragraphs 14th and 20th, section VI, of the Political Constitution of the United Mexican States; articles 12, section XXII, last paragraph, (...)

The Spanish Competition Authority receives over 500 complaints and inquiries in the mailbox set up specifically during the COVID-19 pandemic Free
Spanish Competition Authority (Madrid)
The CNMC receives over 500 complaints and inquiries through the mailbox set up during the Covid-19 crisis* The CNMC receives over 500 complaints and inquiries through the mailbox set up during the Covid-19 crisis The financial sector (45%) and the health products and food sector (30%) (...)

The Italian Competition Authority approves a distribution scheme allowing disposable surgical masks to be sold in pharmacies and health retail outlets as a response to the COVID-19 pandemic Free
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 1 June 2020, the Italian competition authority (“L’Autorità Garante della Concorrenza e del Mercato”) authorised a scheme that would allow disposable surgical masks to be distributed and sold in pharmacies and health product retail outlets (see, attached press release). It did so at the request (...)

The Italian Competition Authority allows cooperation among competing pharmacies in purchasing and selling surgical masks, and common moratorium scheme for consumer credit among competing financial services providers, both as special measures allowed due to COVID-19 Free
Italian Competition Authority (Rome)
ICA: competitive compatibility verified of the cooperation agreements between businesses for the distribution of masks and the moratorium scheme for consumer credit prepared by Assofin* The Authority has applied for the first time the Communication, approved last April, on cooperation (...)

The Latvian Competition Authority develops a self-assessment tool for entrepreneurs for mitigation of cartel risks
Konkurences padome (Riga)
The CC develops a self-assessment tool for entrepreneurs for mitigation of cartel risks* The Competition Council of Latvia (the CC) has prepared a self-assessment tool for entrepreneurs, so that they could verify in an easy manner, whether they have not engaged in a prohibited agreement with (...)

The German Government adopts an amendment to act against restraints of competition to mitigate the consequences of COVID-19 pandemic on competition law enforcement Free
Van Bael & Bellis (Brussels)
On 28 May 2020, an amendment to the Act against Restraints of Competition which aims at mitigating the consequences of the COVID-19 pandemic on competition law enforcement was published in the Federal Gazette. The amendment adjusts the law with regard to two specific provisions where companies (...)

The Indian Company Law Appellate Tribunal clarifies the emerging jurisprudence on hub-and-spoke cartel and standing requirements in a case concerning two ride-hailing platforms in the automobile services market for fixing cab fares through their apps (Uber / Ola)
Khaitan (New Delhi)
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Khaitan (New Delhi)
In a relief to the multinational giant, Uber, and home-grown Ola (collectively, Ride-hailing Platforms), the National Company Law Appellate Tribunal (NCLAT) – India’s appeal tribunal for competition matters – dismissed an appeal filed by Samir Agrawal (Informant). In doing so, the NCLAT has upheld (...)

The Swedish Competition Authority fines a municipality for illegal direct award of a contract for a golf course (Kalix Municipality)
Swedish Competition Authority (Stockholm)
Kalix has performed an illegal direct award of the operation of a golf course* Kalix Municipality has performed an illegal direct award of the operation of a golf course. This is the conclusion of the Swedish Competition Authority, which is now presenting a claim for the municipality to be (...)

The US Court of Appeals for the Ninth Circuit rules against a sports association’s policy of limiting the compensation paid to student-athletes and affirms limited injunctions (National Collegiate Athletic Association)
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
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Hogan Lovells (Washington)
On 18 May 2020 the U.S. Court of Appeals for the Ninth Circuit ruled against the National Collegiate Athletic Association (NCAA) in an antitrust case challenging the association’s policy of limiting the compensation paid to student-athletes. The decision is the latest concerning the NCAA’s (...)

The Slovakian Council of the Antimonopoly Office imposes fines totalling €6,7 million for a cartel agreement between dealers of motor vehicles (Volkswagen)
Bird & Bird (Bratislava)
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Bird & Bird (Prague)
On 15 May 2020 the Council of the Antimonopoly Office of the Slovak Republic ("CAOS") changed the first-instance decision of the Antimonopoly Office of the Slovak Republic ("AOS") dated 3 February 2020 and imposed fines totalling of EUR 6,7 million for a cartel agreements between dealers of (...)

The EU Court of Justice partially quashes the General Court’s decision and reduces the fines on eleven producers of high voltage power cables for their participation in a global market-sharing cartel (Verwaltungs)
Ashurst (Brussels)
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Ashurst (Brussels)
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Ashurst (Brussels)
On 14 May 2020, the European Court of Justice (the "ECJ") partially quashed the General Court’s (the "GC") judgment upholding the European Commission’s ("Commission") power cables cartel decision with respect to NKT and its wholly owned subsidiary NKT Verwaltungs (together "NKT" or the (...)

The Ontario Court of Justice certifies a $1.0 billion foreign exchange price fixing class action in the banking sector (Mancinelli / Royal Bank of Canada)
Affleck Greene McMurtry (Toronto)
Superior Court Certifies $1.0 Billion Foreign Exchange Price Fixing Class Action* In his decision released earlier this Spring, Ontario Superior Court Justice Paul Perell certified a class action in Mancinelli v. Royal Bank of Canada claiming $1.0 Billion in damages against several large (...)

The UK Competition Tribunal publishes a summary of an application to commence collective proceedings for losses arising from a settlement decision finding infringements of article 101 TFEU in the automobile market (Mark McLaren)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (London)
On 1 April 2020, the CAT published a summary of an application to commence collective proceedings under section 47B of the Competition Act 1998. The application was filed by Mark McLaren Class Representative Limited, a special purpose vehicle, alleging losses arising from the European (...)

The German Competition Authority finalises fines totalling €110 million on eleven providers of technical building services for collusion in the award of major contracts (Caverion / Elektrotherm / Landshut / Engie / Cologne / Ferrostaal Air Technolgy / Saarwellingen / Stuttgart...)
Bird & Bird (Düsseldorf)
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Bird & Bird (Düsseldorf)
In December 2019 the Federal Cartel Office (“FCO”) imposed fines totalling EUR 110 million on eleven providers of technical building services for collusion in the award of major contracts. The proceedings were initiated in November 2014 following a leniency application. The leniency application (...)

The French Competition Authority fines a big tech and its wholesalers a record €1,24 billion for their series of vertical restrictions within the distribution network and their abuse of economic dependence (Apple / Tech Data / Ingram Micro)
AD LEGAL (Paris)
In a decision of March 16, 2020, the French Competition Authority (Autorité de la concurrence, hereinafter “FCA”) imposed a €1,1 billion fine on the Apple group (“Apple”) for (i) engaging in a series of vertical restrictions of competition within its distribution network and (ii) abusing the economic (...)

The Belgian Competition Authority imposes interim measures on a billiards game association following a complaint raised on its anticompetitive rules (Belgian Bumper Pool Association)
University of Leiden - Europa Institute
In a decision of 24 January 2020, the Competition College of the Belgian Competition Authority imposed an interim measure on the Belgian Bumper Pool Association (Belgian Golf Billiards League, BGB) concerning the balls that may be played with in competitions and matches organised by the BGB or (...)

Unilateral Practices

The Danish Competition Authority finds the largest distributor of print circulars guilty of abuse of dominance for tying its print circulars to increasing its market share in digital circulars (FK Distribution)
Danish Competition and Consumer Authority (Copenhagen)
FK Distribution has abused its dominant position* The Danish Competition Council has decided that the largest distributor of print circulars, FK Distribution, has abused its dominant position. The Council has found that the distributor has had a conduct whereby it could harm competitors on the (...)

The UK Competition Authority fines a musical instrument firm for resale price maintenance (Roland / Korg)
United Kingdom’s Competition Authority - CMA (London)
Musical instrument firms to pay millions after breaking competition law* The CMA has fined 2 musical instrument makers a total of £5.5 million, in 2 separate cases, for breaking competition law by restricting online discounting of musical instruments. The fines on the companies, Roland and (...)

The Dutch Competition Authority extends its investigation into abuse of dominance by manufacturer of orphan drug CDCA (Leadiant)
Netherlands Authority for Consumers & Markets (The Hague)
ACM extends its investigation into orphan drug CDCA-Leadiant* The Netherlands Authority for Consumers and Markets (ACM) extends its investigation into the orphan drug CDCA manufactured by Leadiant. The investigation focuses on the question whether the manufacturer abuses a dominant position in (...)

The German Federal Court of Justice preliminarily confirms that an online platform abused its dominant position on the German market of social networks (Facebook)
Van Bael & Bellis (Brussels)
On 23 June 2020, the German Federal Court of Justice (“FCJ”), in summary proceedings, preliminarily confirmed the finding of the Federal Cartel Office (“FCO”) that Facebook had abused its dominant position. It overturned the decision of the Higher Regional Court of Düsseldorf that had suspended the (...)

The German Federal Court of Justice overturns the Düsseldorf Court of Appeals’ interim decision and finds an online social media platform to have abused its power in collecting data from different sources (Facebook)
Cleary Gottlieb Steen & Hamilton (Cologne)
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Cleary Gottlieb Steen & Hamilton (Cologne)
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Cleary Gottlieb Steen & Hamilton (Cologne)
On June 23, 2020, the Federal Court of Justice (“FCJ”) overturned the Düsseldorf Court of Appeals’ (“DCA”) interim decision and rejected Facebook Inc.’s (“Facebook”) request to suspend the enforceability of the Federal Cartel Office’s (“FCO”) prohibition decision. The FCJ disagreed with the FCO’s (...)

The German Federal Court of Justice provisionally confirms allegation of a social media company abusing dominant position (Facebook)
German Competition Authority (Bonn)
Federal Court of Justice provisionally confirms allegation of Facebook abusing dominant position* Facebook uses terms of service that also allow for the processing and use of user data that are collected online outside the Facebook platform. The Bundeskartellamt prohibited Facebook from (...)

The UK Competition Authority opens investigations against four pharmacies and convenience stores for suspected breaches of antitrust rules by charging excessive and unfair prices for hand sanitiser products during the COVID-19 outbreak Free
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
The UK Competition and Markets Authority on June 19 announced that it had opened investigations against four pharmacies and convenience stores in relation to suspected breaches of antitrust rules by charging excessive and unfair prices for hand sanitiser products during the coronavirus (...)

The Lithuanian Competition Authority fines retailer for unfair commercial practices to food and drink suppliers (Palink)
Lithuanian Competition Authority (Vilnius)
Retailer Palink Receives Fine for Unfair Commercial Practices to Food and Drink Suppliers* The Lithuanian competition authority Konkurencijos taryba found that UAB Palink, one of the major retail companies in Lithuania, infringed the Law on the Prohibition of Unfair Practices of Retailers (...)

The Australian Competition Authority proposes not to allow a camping industry association’s loyalty program due to its conditions amounting to exclusive dealing (Caravanning Queensland)
Australian Competition and Consumer Commission (Canberra)
Caravanning Queensland’s proposed ‘loyalty program’ raises competition concerns* The ACCC proposes not to allow plans by Caravan Trade and Industries Association of Queensland (Caravanning Queensland) to offer a ‘loyalty program’ to its members. Under the program, Caravanning Queensland would (...)

The EU Commission opens investigations into tech company’s mobile app store rules for developers (Apple App Store)
DG COMP (Brussels)
Antitrust: Commission opens investigations into Apple’s App Store rules* The European Commission has opened formal antitrust investigations to assess whether Apple’s rules for app developers on the distribution of apps via the App Store violate EU competition rules. The investigations concern in (...)

The EU Commission opens investigation into tech company’s mobile payment and digital wallet service (Apple Pay)
DG COMP (Brussels)
Antitrust: Commission opens investigation into Apple practices regarding Apple Pay* The European Commission has opened a formal antitrust investigation to assess whether Apple’s conduct in connection with Apple Pay violates EU competition rules. The investigation concerns Apple’s terms, (...)

The Australian Competition Authority rejects a company’s proposal to set minimum resale prices for power tools, accessories, and attachments (Stanley Black & Decker)
Australian Competition and Consumer Commission (Canberra)
Proposal to set minimum advertised prices for Dewalt power tools rejected* The ACCC has issued a final notice rejecting a proposal by Stanley Black & Decker to set a minimum advertised price for Dewalt brand power tools, accessories and attachments. The ACCC has assessed Stanley Black (...)

The Italian Competition Authority investigates whether a current gas distribution concessionaire abused dominance to delay competitive bidding for the next concession (Italgas Reti)
Italian Competition Authority (Rome)
ICA: investigation launched into Italgas to verify abusive practices in the tender for the gas distribution service in some municipalities in the province of Venice* The Authority has decided to launch an investigation to verify whether Italgas Reti Spa, the current operator under extension of (...)

The EU Commission consults stakeholders on a possible new competition tool that would allow addressing structural competition problems, such as tipping markets, in a timely and effective manner
DG COMP (Brussels)
Antitrust: Commission consults stakeholders on a possible new competition tool* The European Commission has published today an inception impact assessment as well as an open public consultation inviting comments on exploring the need for a possible new competition tool that would allow (...)

The Japanese FTC closes investigation into exclusionary conduct by gas company due to lack of evidence (Osaka Gas)
Japan Fair Trade Commission (Tokyo)
Closing the investigation on the suspected violation of the Antimonopoly Act by Osaka Gas Co., Ltd.* The Japan Fair Trade Commission (hereinafter “JFTC”) has investigated Osaka Gas Co., Ltd. (hereinafter “Osaka Gas”), in accordance with the provisions of the Antimonopoly Act. Osaka Gas has been (...)

The Belgian Government passes a law prohibiting companies from abusing non-dominant positions vis-à-vis companies that are economically dependent on them
Hogan Lovells (Brussels)
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Hogan Lovells (Brussels)
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Hogan Lovells (Brussels)
A new form of competition law infringement will be enforceable in Belgium* (in addition to the prohibitions on anti-competitive agreements and abuses of a dominant position). The new Article IV.2/1 of the Belgian Competition Act (CA) will prohibit companies from abusing a non-dominant position (...)

The Indian Competition Appellate Tribunal interprets strictly ’sufficient cause’ in an appellate framework for Competition matters to tackle forum shopping practices (MAJ. PANKAJ RAI / NITT)
Gujarat National Law University (Gandhinagar)
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Gujarat National Law University (Gandhinagar)
The National Company Law Appellate Tribunal (NCLAT) in New Delhi, India’s appellate tribunal for competition matters has given a decisive ruling for appeals of orders of the Competition Commission of India (CCI). In Maj. Pankaj Rai v Secretary, Competition Commission of India decided in May, (...)

The Amsterdam Court of Appeal dismisses a claim that a real estate agent association’s self-preferencing strategy is abusive because the competitive position remained unaffected (VBO / NVM / Funda)
Van Bael & Bellis (Brussels)
On 26 May 2020, the Amsterdam Court of Appeal (the “Court”) handed down its judgment in the dispute between the real estate agent association VBO (“VBO”) and Funda Real Estate (“Funda”) and the Dutch Association of Real Estate Agents (“NVM”). The Court upheld the judgment of the District Court finding (...)

The Amsterdam Court of Appeal rules that an online real estate platform has not abused its dominance by inter alia self-preferencing the ranking of online advertisements (VBO / NVM / Funda)
Bird & Bird (Amsterdam)
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Bird & Bird (Amsterdam)
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Bird & Bird (The Hague)
On 26 May 2020, the Amsterdam Court of Appeal (“Court”) delivered its judgment in a dispute between the real estate association VBO Makelaars (“VBO”) versus the Dutch Association of Real Estate Agents (“NVM”) over the online real estate platform of Funda Real Estate (“Funda”). The Court assumed that (...)

The Italian Supreme Administrative Court rejects an appeal lodged by a multinational drug company against a previous decision ascertaining it as having abused its dominant position by imposing unfair prices for drugs (Aspen)
Bird & Bird (Rome)
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Bird & Bird (Rome)
On 13 March, the Italian Supreme Administrative Court ("Consiglio di Stato") rejected the appeal lodged by the multinational Aspen Group against the decision of the Regional Administrative Court of Lazio (“TAR”), which fully upheld the decision adopted by the Italian Competition Authority (“ICA”) (...)

Mergers

The French Competition Authority clarifies that deploying one company’s retail spaces within another company’s stores does not constitute a merger (Fnac-Darty / Carrefour)
Autorité de la concurrence (Paris)
The project to deploy Darty spaces within Carrefour hypermarkets does not constitute a merger and therefore does not have to be submitted to mandatory clearance by the Autorité de la concurrence* On 22 May 2020, Fnac-Darty notified the Autorité de la concurrence of its plan to deploy sales (...)

The US DoJ congratulates newly merged telecom operator on closing the agreed divestiture with satellite TV company (T-Mobile / Dish / Boost)
US Department of Justice - Antitrust Division (Washington)
Justice Department Congratulates T-Mobile And Dish For Closing The Boost Divestiture* T-Mobile US Inc. (T-Mobile) and Dish Network Corporation (Dish) announced today that they closed T-Mobile’s divestiture of Boost Network (Boost) to Dish. Boost was legacy Sprint Corporation’s prepaid wireless (...)

The UK Competition Authority concludes that the merger of two suppliers of medical devices will lead to a reduction of competition (Stryker / Wright)
United Kingdom’s Competition Authority - CMA (London)
Medical device suppliers’ merger raises competition concerns* The CMA has concluded that the merger of 2 suppliers of medical devices could lead to a reduction of competition in the supply of total ankle replacement prosthetics. The Competition and Markets Authority (CMA) is concerned that, (...)

The US DoJ and FTC publish an updated version of the vertical merger guidelines
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
On 30 June 2020 the Department of Justice (DOJ) and Federal Trade Commission (FTC) (the agencies, collectively) announced the publication of new vertical merger guidelines (the new vertical guidelines or the 2020 Vertical Merger Guidelines). The new vertical guidelines describe how the agencies (...)

The Mexican Competition Authority sanctions pharmaceutical companies for failing to comply with the commitments to restore competition in the pharma market (Moench Coöperatif / Luis Doporto Alejandre)
Mexican Competition Authority (Mexico City)
COFECE sanctions Moench Coöperatif and Luis Doporto for failing to comply with the commitments made to totally and permanently eliminate any possible link between Nadro and Marzam, in the market for the distribution of pharmaceutical products* The commitments were accepted by the Board of (...)

The US FTC and DoJ issue new antitrust guidelines for evaluating vertical mergers
US Federal Trade Commission (FTC) (Washington)
FTC and DOJ Issue Antitrust Guidelines for Evaluating Vertical Mergers* New Vertical Merger Guidelines provide transparency on analytical techniques, practices, and enforcement policies The Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ” or “Department”) issued today new (...)

The US DoJ and FTC issue new vertical merger guidelines
US Department of Justice - Antitrust Division (Washington)
Department of Justice And Federal Trade Commission Issue New Vertical Merger Guidelines* 2020 Guidelines More Accurately Represent Agencies’ Merger Review Process The Department of Justice and Federal Trade Commission issued today new Vertical Merger Guidelines that outline how the federal (...)

The US DoJ and FTC release the updated version of the vertical merger guidelines
Shearman & Sterling (Washington)
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Shearman & Sterling (Washington)
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Shearman & Sterling (New York)
The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, “Agencies”) released the final version of the Vertical Merger Guidelines (“Vertical Guidelines”) on June 30, 2020. The new Vertical Guidelines, which had not been updated in more than 35 years, outline how (...)

The French Competition Authority clears the merger of two agricultural cooperatives (Coopérative Dauphinoise / Terre d’Alliances)
Autorité de la concurrence (Paris)
The Autorité de la concurrence clears, subject to several conditions, the merger of two agricultural cooperatives, Coopérative Dauphinoise and Terre d’Alliances* Background Agricultural cooperatives Coopérative Dauphinoise and Terre d’Alliances notified the Autorité de la concurrence of their (...)

The Mexican Competition Authority conditions the merger between a private investment fund in the health sector and a manufacturer of pipes on removing non-competition clauses from the merger agreement (PTM / Profluent Plastic Technologies)
Mexican Competition Authority (Mexico City)
COFECE conditions concentration between Profluent Plastic Technologies and Plastic Technology de México* In the originally planned transaction, the parties established a non-competition clause which included terms that could potentially affect the process of competition and free market access. (...)

The EU Commission refers the acquisition of a French distribution business to the French Competition Authority (Conforama France)
Autorité de la concurrence (Paris)
The European Commission just referred the acquisition of Conforama France by Mobilux (But) to the Autorité de la concurrence* Following the announcement of Conforama’s plan to restructure and transform its business in France in July 2019, Mobilux plans to acquire Conforama. In France, Mobilux (...)

The US FTC requests two casino operators to divest assets in two local markets as a condition of their merger (Eldorado Resorts / Caesars Entertainment)
US Federal Trade Commission (FTC) (Washington)
FTC Requires Casino Operators Eldorado Resorts, Inc. and Caesars Entertainment Corporation to Divest Assets in Two Local Markets as a Condition of Merger* The Federal Trade Commission will require casino operator Eldorado Resorts, Inc. to divest casino-related assets in the South Lake Tahoe (...)

The UK Competition Authority finds concerns in a digital advertising merger between two companies supplying content recommendation services to major news sites (Taboola / Outbrain)
United Kingdom’s Competition Authority - CMA (London)
Competition concerns found in digital advertising merger* Taboola’s purchase of Outbrain raises competition concerns in the supply of content recommendation, a type of digital advertising. The Competition and Markets Authority (CMA) has been investigating the anticipated purchase of Outbrain (...)

The US FTC clears transfer of ownership over certain assets between energy companies subject to divestments (Tri Star Energy / Hollingsworth Oil Company / C & H Properties / Ronald L. Hollingsworth)
US Federal Trade Commission (FTC) (Washington)
FTC Requires Divestitures as Condition of Tri Star Energy, LLC’s Acquisition of Certain Assets of Hollingsworth Oil Company, Inc., C & H Properties, and Ronald L. Hollingsworth* Tri Star Energy, LLC and Hollingsworth Oil Company, Inc., C & H Properties, and Ronald L. Hollingsworth have (...)

The Danish Competition Authority approves an energy and fiber optic group’s acquisition of several companies from another energy group with services covering mostly separate geographic markets, subject to divestment of customers in a highly overlapping market (SEAS-NVE / Ørsted)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has approved SEAS-NVE A/S’ acquisition of several companies from Ørsted A/S subject to commitments* On 28 May 2020, the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of SEAS-NVE A/S’ (hereinafter “SEAS-NVE”) (...)

The EU Commission opens in-depth investigation into proposed acquisition of a major financial data provider by one of the world’s largest stock exchange groups (Refinitiv / London Stock Exchange Group)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into proposed acquisition of Refinitiv by London Stock Exchange Group* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Refinitiv by the London Stock Exchange Group (“LSEG”) under the EU Merger (...)

The UK Government introduces measures allowing it to intervene in merger transactions to mitigate the effects of public health emergencies following the COVID-19 outbreak Free
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (Brussels)
On 22 June 2020, the UK Government introduced new measures allowing it to intervene in merger transactions “to maintain in the United Kingdom the capability to combat, and to mitigate the effects of, public health emergencies." The Government will be able to intervene on these grounds in any (...)

The UK Competition Authority finds competition concerns in Phase I investigation of educational supplies merger (Yorkshire Purchasing Organisation / Findel Education)
United Kingdom’s Competition Authority - CMA (London)
Competition concerns raised over educational supplies merger* The CMA has found that YPO’s anticipated acquisition of Findel raises competition concerns in the supply of resources to educational institutions in the UK. Yorkshire Purchasing Organisation (YPO) and Findel Education Limited (...)

The Australian Competition Authority releases statement of issues and opens investigation into Big Tech company’s acquisition of wearable tech manufacturer (Google / Fitbit)
Australian Competition and Consumer Commission (Canberra)
Google’s purchase of Fitbit raises preliminary competition concerns* The ACCC has today outlined preliminary concerns with Google’s proposed acquisition of Fitbit, stating that Google’s access to consumer health data may raise entry barriers, further entrench its dominant position and adversely (...)

The French Competition Authority clears merger in the consumer credit market (Crédit Agricole Consumer Finance / Ménafinance)
Autorité de la concurrence (Paris)
The Autorité de la concurrence clears the acquisition of Ménafinance by Crédit Agricole Group* Crédit Agricole Consumer Finance (CACF) notified the Autorité de la concurrence of its proposed acquisition of sole control of Ménafinance. After examining the effects of the transaction, the Autorité (...)

The EU Commission opens in-depth investigation into the proposed merger of two global automotive companies (Fiat Chrysler / Peugeot)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into the proposed merger of PSA and FCA* The European Commission has opened an in-depth investigation to assess the proposed merger of automotive companies Fiat Chrysler Automobiles N.V. (“FCA”) and Peugeot S.A. (“PSA”) under the EU Merger (...)

The Lithuanian Competition Authority clears joint acquisition of raw materials and recycled plastic company by private equity investment fund and by European Bank for Reconstruction and Development (Eco Baltia / INVL Baltic Sea Growth Fund / European Bank for Reconstruction and Development)
Lithuanian Competition Authority (Vilnius)
Konkurencijos Taryba Clears Acquisition of Latvian Company Eco Baltia* Konkurencijos taryba cleared the acquisition of 52.81 per cent of the Latvian company Eco Baltia indirectly through BSGF Salvus, and acquisition of joint control of Eco Baltia by the investment fund INVL Baltic Sea Growth (...)

The New Zealand Competition Authority clears merger between 2 suppliers of electronic payment terminals (Verifone / Smartpay)
New Zealand Commerce Commission
Commission grants clearance for Verifone to acquire Smartpay* The Commerce Commission has granted clearance to Verifone New Zealand (Verifone) to acquire the assets used by Smartpay Holdings Limited and its subsidiaries to operate the Smartpay business in New Zealand (Smartpay) (the proposed (...)

The Rotterdam District Court annuls the authorisation of the acquisition of postal services providers on the basis that it would result in a monopoly on the Dutch postal delivery market (Sandd / PostNL)
Van Bael & Bellis (Brussels)
On 11 June 2020, the Rotterdam District Court (the “Court”) annulled the authorisation of the acquisition of postal services provider Sandd by rival PostNL. The transaction had been authorised by the State Secretary for Economic Affairs and Climate Policy (the “State Secretary”) after receiving an (...)

The UK Competition Authority finds that a merger in the online secondary ticketing market raises competition concerns even after accounting for the COVID-19 difficulties (StubHub / viagogo) Free
United Kingdom’s Competition Authority - CMA (London)
Merger of viagogo and StubHub raises competition concerns* viagogo’s purchase of StubHub raises competition concerns in the online secondary ticketing market in the UK, a CMA investigation has found. The Competition and Markets Authority (CMA) is concerned that the loss of competition brought (...)

The US FTC approves final order settling all charges that manufacturer of law enforcement equipment entered into anticompetitive agreements with seller of body-worn camera systems when they entered a merger of their businesses (Safariland / Axon / VieVu)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Settling Charges that VieVu’s Former Parent Company Safariland Entered into Anticompetitive Agreements with Body-Worn Camera Systems Seller Axon* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Safariland, (...)

The OECD holds a roundtable on start-ups, killer acquisitions and merger control
OECD - Competition Division (Paris)
Questions over the competitive effects of the acquisition of start-ups or ‘nascent’ firms, by dominant incumbents have become a key part of the debate on how the effective merger control regimes have been in protecting competition during a period of increasing profits. One of the most discussed (...)

The OECD holds a roundtable on conglomerate effects of mergers
OECD - Competition Division (Paris)
Conglomerate effects arise when a merger has an effect on competition, but the merging firms’ products are not in the same product market, nor are they inputs or outputs of one another. Mergers exhibiting conglomerate effects have taken on a new prominence in the digital era, as the largest (...)

The OECD devotes a session to assess the sufficiency of current merger control frameworks to investigate and prohibit mergers
Van Bael & Bellis (Brussels)
From 10-12 June 2020, the OECD held its 133rd Meeting of the Competition Committee. This session was devoted to assessing the sufficiency of current merger control frameworks to investigate and – where needed – prohibit mergers that eliminate nascent competition that would other- wise challenge (...)

The EU Commission refers to the French Competition Authority a takeover case of 567 French-owned hard discount stores by one of Europe’s main hard discount groups as per request of the acquisition parties (Leader Price / Aldi)
Autorité de la concurrence (Paris)
The European Commission refers to the Autorité de la concurrence the takeover transaction of 567 Leader Price stores by Aldi* A few months after Aldi announced the takeover of Leader Price stores, the parties concluded, in March, a promise to purchase for 567 Leader Price stores and 3 (...)

The EU Commission approves acquisition of global pharma company’s animal health division by animal health company subject to divestments (Bayer / Elanco Animal Health)
DG COMP (Brussels)
Mergers: Commission approves acquisition of Bayer’s animal health division by Elanco, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Bayer AGs animal health division by Elanco Animal Health Inc. The decision is (...)

The EU Commission conditionally clears an acquisition between two global developers and suppliers of veterinary pharmaceuticals (Elanco / BAH)
Van Bael & Bellis (Brussels)
On 8 June 2020, the Commission announced its conditional clearance of Elanco’s purchase of Bayer’s animal health division (“BAH”). Both Elanco and BAH are global developers and suppliers of veterinary pharmaceuticals, and the transaction will establish the largest animal health company worldwide. (...)

The UK Competition Authority finds competition concerns in merger of 2 leading wholesalers offering a wide range of commercial vehicle and trailer part types (Universal Components / 3G)
United Kingdom’s Competition Authority - CMA (London)
Commercial vehicle and trailer parts merger raises competition concerns* Universal Components’ purchase of 3G raises competition concerns in the wholesale supply of commercial vehicle and trailer parts, a CMA investigation has found. Universal Components UK Limited (Universal Components), (...)

The Australian Competition Authority continues its investigation into one major airline’s acquisition of 19.9% stake in another with increased concern for smaller airlines due to COVID-19 (Qantas / Alliance Airlines) Free
Australian Competition and Consumer Commission (Canberra)
Investigation into Qantas’s stake in Alliance Airlines continues* The ACCC is continuing to investigate Qantas Airways’ (Qantas) (ASX:QAN) acquisition of a 19.9 per cent stake in Alliance Aviation (Alliance) (ASX:AQZ) during these uncertain times in the aviation industry. Qantas acquired a 19.9 (...)

The EU General Court annuls the Commission’s decision prohibiting a proposed acquisition between two telecom operators with potentially significant implications for the EU merger control policy (Telefónica UK / Hutchison 3G UK)
Van Bael & Bellis (Brussels)
1. SUMMARY On 28 May 2020, the EU’s General Court handed down a ruling annulling the European Commission’s decision prohibiting the proposed acquisition of Telefónica UK (“O2”) by Hutchison 3G UK (“Three”). The ruling has potentially significant implications for mergers in the telecoms sector, as (...)

The EU General Court overturns the EU Commission’s prohibition of a mobile telecommunications merger (Telefónica UK / Hutchison 3G UK)
Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (Cologne)
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Cleary Gottlieb Steen & Hamilton (London)
In a landmark Judgment delivered on May 28, the General Court overturned the European Commission’s 2016 prohibition of the Three/O2 UK mobile telecommunications merger. The Judgment raises the bar for the Commission in respect of (1) the legal standard the Commission must meet; (2) the closeness (...)

The EU General Court annuls the Commission’s decision prohibiting the acquisition of two telecommunication companies (Telefónica UK / Hutchison 3G UK)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
1. Summary On 28 May 2020, the EU General Court handed down a ruling annulling the European Commission’s (“Commission”) decision prohibiting the proposed acquisition of Telefónica UK (“O2”) by Hutchison 3G UK (“Three”). The ruling has potentially significant implications for mergers in the telecoms (...)

State Aid

The EU Commission approves €150 million Austrian subordinated loan to compensate national airline company for damages suffered due to COVID-19 outbreak (Austrian Airlines) Free
DG COMP (Brussels)
State aid: Commission approves €150 million Austrian subordinated loan to compensate Austrian Airlines for damages suffered due to coronavirus outbreak* The European Commission has found an Austrian €150 million subordinated loan (convertible into a grant) in favour of Austrian Airlines AG to be (...)

The EU Commission approves Latvian fund to enable €100 million of liquidity and capital support to large enterprises affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves Latvian fund to enable €100 million of liquidity and capital support to large enterprises affected by the coronavirus outbreak* The European Commission has approved Latvian plans to set up a fund with a current target size of €100 million that will invest through (...)

The EU Commission approves €250 million Latvian measure to recapitalise national airline company in the context of the COVID-19 outbreak (airBaltic) Free
DG COMP (Brussels)
State aid: Commission approves €250 million Latvian measure to recapitalise airBaltic* The European Commission has approved a €250 million Latvian measure to recapitalise airBaltic in the context of the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework. (...)

The EU Commission prolongs EU State aid rules and adopts targeted adjustments to mitigate the impact of COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission prolongs EU State aid rules and adopts targeted adjustments to mitigate impact of coronavirus outbreak* The European Commission has prolonged the validity of certain State aid rules which would otherwise expire at the end of 2020. In this context, and to take the effects (...)

The EU Commission approves €46.5 million Hungarian investment aid for a chemical company’s new lithium-ion battery separator film plant (Toray)
DG COMP (Brussels)
State aid: Commission approves €46.5 million Hungarian investment aid to Toray’s lithium-ion battery separator film plant* The European Commission has found Hungary’s €46.5 million investment aid to the chemical company Toray for a new battery separator film plant in the Közép-Dunántúl (Central (...)

The EU Commission approves a €30 billion French subordinated loan scheme to support companies affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €30 billion French subordinated loan scheme to support companies affected by the coronavirus outbreak* The European Commission has approved a €30 billion French subordinated loan scheme to support companies affected by the coronavirus outbreak. The scheme was (...)

The EU Commission adopts a third amendment to extend the scope of the State aid Temporary Framework to support micro, small and start-up companies and incentivise private investments during the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission expands Temporary Framework to further support micro, small and start-up companies and incentivise private investments* The European Commission has adopted a third amendment to extend the scope of the State aid Temporary Framework adopted on 19 March 2020 to support the (...)

The EU Commission approves €7.6 billion Italian tax schemes to support companies and self-employed workers affected by COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €7.6 billion Italian tax schemes to support companies and self-employed workers affected by coronavirus outbreak* The European Commission has approved four Italian aid schemes to support companies and self-employed workers affected by the coronavirus outbreak. The (...)

The EU Commission approves €6 billion German measure to recapitalise major national airline and weather the economic effects of COVID-19 outbreak (Lufthansa) Free
DG COMP (Brussels)
State aid: Commission approves €6 billion German measure to recapitalise Lufthansa* The European Commission has approved German plans to contribute €6 billion to the recapitalisation of Deutsche Lufthansa AG (DLH), the parent company of Lufthansa Group. The measure was approved under the State (...)

The EU Commission opens in-depth investigation into the financing of Czech state-owned postal operator’s universal service obligation (Czech Post)
DG COMP (Brussels)
State aid: Commission opens in-depth investigation into the financing of Czech Post’s universal service obligation* The European Commission has opened an in-depth investigation to assess whether the compensation granted by Czechia to Czech Post to fulfil its public service mission is in line (...)

The EU Commission consults the Member States on the proposal to expand State aid Temporary Framework to further support micro, small and start-up companies and incentivise private investments in the wake of COVID-19 outbreak Free
DG COMP (Brussels)
Coronavirus: Commission Statement on consulting Member States on proposal to expand State aid Temporary Framework to further support micro, small and start-up companies and incentivise private investments* Today, the European Commission has sent to Member States for consultation a draft (...)

The EU Commission publishes an overview of the State aid measures approved under the temporary State aid framework since the COVID-19 pandemic Free
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
On 12 June 2020, the European Commission published an overview of the State aid measures approved under Article 107(2)b TFEU, Article 107(3)b and under the Temporary State Aid Framework since the beginning of the Coronavirus outbreak. Following the outbreak of the Coronavirus on 19 March 2020, (...)

The EU Commission approves Italian tax measures for maritime transport
DG COMP (Brussels)
State aid: Commission approves Italian tax measures for maritime transport* The European Commission has approved under EU State aid rules the prolongation until end 2023 of various Italian support measures for maritime transport under Italy’s “International Registry” scheme. The scheme encourages (...)

The EU Court of Justice reverses the General Court’s ruling and upholds the Commission’s decision according to which health insurance bodies operating under Slovak State supervision do not fall within the rules of EU law on State aid
European Court of Justice (Luxembourg)
The Court of Justice upholds the decision of the Commission according to which health insurance bodies operating under Slovak State supervision do not fall within the rules of EU law on State aid* The General Court’s judgment upholding an action brought against that decision is set aside By its (...)

The EU Commission approves Polish recapitalisation scheme to enable up to €1.65 billion of capital support to SMEs and large enterprises affected by the COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves Polish recapitalisation scheme to enable up to €1.65 billion of capital support to SMEs and large enterprises affected by the coronavirus outbreak* The European Commission has approved a Polish recapitalisation scheme of up to €1.65 billion (PLN 7.5 billion) to (...)

The EU Commission approves €3.7 billion Swedish scheme to compensate companies for damages suffered due to COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €3.7 billion Swedish scheme to compensate companies for damages suffered due to coronavirus outbreak* The European Commission has found an approximately €3.7 billion (SEK 39 billion) Swedish scheme that partially compensates companies exposed to large turnover (...)

The EU Commission approves €1.2 billion Portuguese urgent liquidity support to its major national airline company, whose already existing liquidity needs to be increased with COVID-19 (TAP) Free
DG COMP (Brussels)
State aid: Commission approves €1.2 billion Portuguese urgent liquidity support to TAP* The European Commission has approved, under EU State aid rules, Portugal’s plans to grant a €1.2 billion rescue loan in favour of Transportes Aéreos Portugueses SGPS S.A. (“TAP”). The measure will provide TAP (...)

The EU Commission approves €33 million Cypriot scheme deferring payment of VAT to support companies affected by COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €33 million Cypriot scheme deferring payment of VAT to support companies affected by coronavirus outbreak* The European Commission has approved a €33 million Cypriot aid scheme deferring VAT payments to ease the liquidity constraints of companies affected by the (...)

The EU Commission approves €286 million Finnish State aid measure to recapitalise national airline which is considered essential to the recovery of the national economy after the COVID-19 outbreak (Finnair) Free
DG COMP (Brussels)
State aid: Commission approves €286 million Finnish measure to recapitalise Finnair* The European Commission has approved Finnish plans to contribute to the recapitalisation of Finnair through the subscription of new shares by the State in the rights issue launched by Finnair on 10 June 2020 in (...)

The EU Commission approves €5 billion French “umbrella” scheme to support research, development, testing infrastructures and production of COVID-19 relevant products Free
DG COMP (Brussels)
State aid: Commission approves €5 billion French “umbrella” scheme to support research, development, testing infrastructures and production of coronavirus relevant products* The European Commission has approved a €5 billion French “umbrella” scheme to support research and development, testing and (...)

The EU Commission adopts the temporary framework for State aid measures to support the economy during the COVID-19 outbreak Free
Van Bael & Bellis (Brussels)
On 19 March 2020, the Commission adopted the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak (“Temporary Framework”). On 4 April 2020, it published a first amendment to the Temporary Frame- work, which significantly broadens its scope of (...)

Procedures

The US DoJ welcomes the Congressional reauthorization of the antitrust criminal penalty enhancement and reform act
US Department of Justice - Antitrust Division (Washington)
Department of Justice Applauds Congressional Passage Of Reauthorization Of The Antitrust Criminal Penalty Enhancement And Reform Act* On June 25, the U.S. House of Representatives and Senate passed identical bills, H.R. 7036 and S. 3377, to repeal the sunset provision of the Antitrust Criminal (...)

The Mexican Competition Authority issues regulatory provisions on the use of electronic means in investigations and other procedures and considers the possibility of conducting all of its future procedures electronically
Mexican Competition Authority (Mexico City)
COFECE issues Regulatory Provisions on the use of electronic means in investigation procedures and other procedures* Through these Provisions and the technological tools that will accompany them, COFECE takes a step forward towards the possibility of conducting all of its procedures (...)

The Lithuanian Parliament amends the Competition Act with regard to such matters as independence, resources, powers and sanctions, in line with provisions of the Directive of the EU Parliament and Council
Lithuanian Competition Authority (Vilnius)
Competition Law Amendments Will Ensure More Effective Competition Enforcement in Lithuania* Today Seimas adopted amendments to the Law on Competition which will transpose the provisions of the Directive of the European Parliament and Council into national law, ensuring uniform regulation of (...)

The Hong Kong Competition Authority publishes policy on recommended pecuniary penalties for anti-competitive conduct
Hong Kong Competition Commission
Competition Commission publishes Policy on Recommended Pecuniary Penalties for anti-competitive conduct* The Competition Commission (Commission) today published a policy on recommended pecuniary penalties (Policy) for anti-competitive conduct. The Policy outlines the general principles and (...)

The Turkish Parliament approves amendments to the national competition law which introduces new mechanisms as to the selection of cases for the Authority to focus on, a new substantive test for merger control, behavioral and structural remedies for anti-competitive conduct and new procedural tools
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
After rounds of revisions and failed attempts of enactment over a span of several years, the proposal for an amendment to the Law No. 4054 on Protection of Competition (“Law no. 4054”) (“Amendment Proposal”) has finally been approved by the Turkish parliament, namely the Grand National Assembly of (...)

The Dutch Competition Authority resumes dawn raids, interrogations, and public hearings that were temporarily suspended due to the COVID-19 outbreak Free
Netherlands Authority for Consumers & Markets (The Hague)
ACM resumes dawn raids, interrogations, and public hearings* The Netherlands Authority for Consumers and Markets (ACM) has resumed conducting unannounced dawn raids and interrogations as part of investigations into possible violations committed by companies. In addition, ACM has resumed (...)

The German Competition Authority announces modifications to the German Competition Act due to COVID-19 are coming into force Free
German Competition Authority (Bonn)
Modifications to German Competition Act (GWB) due to COVID-19 come into force* Due to the current COVID-19 pandemic modifications to the German Competition Act (GWB), which will come into force on Friday 29 May 2020, have been announced today in the German Federal Law Gazette. The (...)

The Spanish Competition Authority confirms the final version of the guide on competition compliance programmes as a mitigating factor and means of avoiding public procurement bans
Herbert Smith Freehills (Madrid)
,
Herbert Smith Freehills (Madrid)
,
Herbert Smith Freehills (Madrid)
The Spanish National Markets and Competition Commission (“CNMC”) has confirmed in the final version of the Guide on compliance programmes in relation to competition rules (the “Guide”) that compliance programmes could potentially modulate the penalties imposed on companies investigated for (...)

The Spanish Competition Authority publishes a guide on compliance programmes in relation to antitrust laws
Spanish Competition Authority (Madrid)
The CNMC publishes a guide on compliance programmes in relation to anti- trust laws* It contains the criteria that the CNMC would take into consideration when analysing the effectiveness of a compliance programme. It includes the consolidated principles used by other competition authorities to (...)

The Spanish Competition Authority publishes its guidelines on confidentiality claims for competition procedures
Spanish Competition Authority (Madrid)
The CNMC publishes its guidelines on confidentiality claims for competition procedures* It is providing guidelines to companies and other stakeholders when submitting confidentiality claims to the CNMC It considers the most common cases under the CNMC’s assessment and judgments on the matter. It (...)

The EU Commission launches a public consultation to seek views from the public on the adoption of a regulation that would introduce a market investigation tool
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Brussels)
On 2 June 2020, the European Commission (the Commission) published its inception impact assessment (or roadmap) on the possible adoption of regulation that would introduce a new market investigation tool. This assessment was immediately followed by the launch of a public consultation to seek (...)

The EU Commission launches consultations on ex-ante competition enforcement in platform-based and other industries
Baker Botts (Washington)
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Baker Botts (Brussels)
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Baker Botts (Brussels)
Recently, the European Commission (“EC”) launched two major public consultations for new legislative tools intended to step up antitrust enforcement in digital and other markets. One consultation relates to a new competition enforcement tool that would allow the EC to pro-actively intervene in (...)

The EU Commission prepares a new competition enforcement tool to extend the Competition Authority’s current enforcement powers and allow for far-reaching intervention in structural competition concerns
Covington & Burling (Frankfurt)
,
Covington & Burling (Brussels)
The European Commission (”Commission”) is preparing the ground for a new competition enforcement tool. This new tool could substantially extend the competition authority’s current enforcement powers and allow for far-reaching intervention where the Commission identifies structural competition (...)

The High Court of Delhi sides with the Indian Competition Authority and resolves the jurisdictional issue between the latter and the Intellectual Property Rights Authorities under the Patents Act (Monsanto)
Hidayatullah National Law University (Raipur)
Following the appeal made against several orders of Competition Commission of India (“CCI”) by Monsanto Holdings Pvt. Ltd. (“MHPL”), the Delhi High Court on 20th May, 2020 handed down the judgement of MHPL & Ors. v. CCI, clarifying mainly the jurisdictional issues between the IPR authorities (...)

Regulatory

The EU Commission publishes a report on the impact of the interchange fees regulation for card-based payment transactions
DG COMP (Brussels)
Antitrust: Commission publishes report on the impact of the Interchange Fees Regulation* The European Commission has published a report on the impact of the Interchange Fees Regulation (“IFR”) for card-based payment transactions. In line with the requirements on the IFR itself, it has been sent (...)

The Mexican Competition Authority reports the Ministry of Energy’s new national electric system policy to the Supreme Court for undermining the fundamental principles of competition
Mexican Competition Authority (Mexico City)
COFECE files a constitutional controversy against the issuance of the Policy for reliability, security, continuity and quality in the National Electric System* The Mexican Federal Economic Competition Commission (COFECE or Commission) filed a constitutional controversy before the Supreme Court (...)

The Australian Competition Authority welcomes the Government’s direction to actively monitor and report on competition conditions in the national air travel market
Australian Competition and Consumer Commission (Canberra)
ACCC to monitor competition in the domestic airline market* he ACCC welcomes today’s direction from the Australian Government to actively monitor and regularly report on the domestic air travel market, particularly in relation to its competitiveness. The aviation industry globally has been (...)

The Irish Competition Authority launches public consultation on public liability insurance market
Irish Competition Authority (Dublin)
CCPC launches public consultation on public liability insurance market* The Competition and Consumer Protection Commission (CCPC) announced today that it has opened a public consultation and is seeking views from stakeholders on their experiences in the public liability insurance market. (...)

The Romanian Competition Authority expects to see price reductions in the natural gas market following its liberalization and global decreases in oil prices
Romanian Competition Council (Bucharest)
The Liberalization of the Natural Gas Market Should Lead to Price Reduction* In the context of the liberalization of the gas market for household consumers, the Competition Council points out that both at wholesale and retail level (household customers), there must be a normal competitive (...)

The German Competition Authority supports the German association of the automotive industry’s measures for overcoming the challenges caused by the COVID-19 pandemic in the automotive industry Free
German Competition Authority (Bonn)
Crisis management measures in the automotive industry - Bundeskartellamt supports the German Association of the Automotive Industry (VDA) in developing framework conditions under competition law aspects* The German Association of the Automotive Industry (VDA) has presented measures for (...)

The French Competition Authority publishes its study on competition and e-commerce
Autorité de la concurrence (Paris)
The Autorité has published a study on competition and e-commerce* The growth of e-commerce is profoundly changing distribution. The physical distribution model is facing strong competition from the growth of online sales, which may be the result of “pure play” online retailers and strategies (...)

The Hungarian Competition Authority launches a sector inquiry into the television broadcasting and distribution markets
Hungarian Competition Authority (Budapest)
The Hungarian Competition Authority has launched a sector inquiry into the television broadcasting and distribution markets* According to market signals received by the Hungarian Competition Authority (GVH), television broadcasters provide their services to larger television distributors at (...)

The Peruvian Competition Authority publishes guidelines on competition compliance programs aimed at preventing companies from engaging in anticompetitive behavior
Peruvian Competition Authority - INDECOPI (Lima)
Indecopi publishes its "Guidelines on Competition Compliance Programs” which seeks to prevent the risks of engaging in anticompetitive behavior* The Commission for the Defense of Free Competition (CLC) introduced its “Guidelines on Competition Compliance Programs” (https://bit.ly/2MdDfqO) to (...)

The US FTC supports new provisions by the US centers for medicare & medicaid services aimed at reducing or eliminating restrictive Medicare payment requirements for telehealth and related services during the COVID-19 pandemic Free
US Federal Trade Commission (FTC) (Washington)
FTC Comment Supports Provisions in Centers for Medicare & Medicaid Services’ Interim Final Rule that Reduce or Eliminate Restrictive Medicare Payment Requirements for Telehealth and Related Services during Pandemic* The staffs of the Federal Trade Commission’s Office of Policy Planning, (...)

The French Competition Authority launches public consultation on the freedom of establishment of notaries that will account for effects of the COVID-19 pandemic on the activity of notaries Free
Autorité de la concurrence (Paris)
New opinion on the freedom of establishment of notaries: the Autorité launches a consultation* The Autorité de la Concurrence launches a public consultation with a view to preparing a new opinion on the freedom of establishment of notaries and proposing a revision of the map that was published (...)

The Spanish Competition Authority identifies competition problems in the fifth stowage market’s framework agreement in the port state sector
Bird & Bird (Madrid)
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Bird & Bird (Madrid)
Since the European Court of Justice ("ECJ") judgment in 2014 in case Commission v. Spain (C-576/13), which declared the Spanish regime for stevedores incompatible with the freedom of establishment, there has been a progressive modification of the national regulation in order to liberalise the (...)

The French Competition Authority along with other French public and administrative authorities take action on climate change
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
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Covington & Burling (Brussels)
At a time when COVID-19 is having direct and indirect effects on the reduction of greenhouse gas (“GHG”) emissions and ensuing global warming, eight French regulators, including the French Competition Authority, issued on 5 May 2020 a joint working paper in which they highlight the need to take (...)

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