July 2020

General antitrust

 The Spanish Ministry of Economy and Digital Transformation publishes a draft regulation modifying the Competition Act
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46118 visites
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 3922 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22002 visits
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Last 31 July 2020, the Ministry of Economic Affairs and Digital Transformation made public the draft regulation modifying Law 15/2007, of 3 July, on the Defense of Competition (Draft Regulation). The Draft Regulation, other than implementing the main features of the ECN+ Directive into Spanish (...)

The Irish Competition Authority releases its 2019 annual report
Irish Competition Authority (Dublin)
Ireland 102 contributions 16037 visits
CCPC Publishes 2019 Annual Report* The Competition and Consumer Protection Commission (CCPC) has today published our 2019 Annual Report. The report details the work of the CCPC in 2019 and highlights the impactful and varied role which the organisation plays across the economy. Isolde (...)

The Canadian Competition Authority invites public comments for its market study of the digital health sector
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10506 visits
Canada’s health care sector: have a say on how to support innovation and choice* The Competition Bureau is inviting Canadians to share their views on factors that may be impeding access to digital health care, or limiting innovation and choice in Canada’s health care sector. This feedback (...)

The US House of Representatives Judiciary Committee holds hearings of a multinational online retail platform for antitrust claims (Amazon / Google / Apple / Facebook)
Bona Law (Detroit)
United States 25 contributions 5560 visits
Big Tech Hearings: What Do They Tell Us About Amazon and Antitrust?* The U.S. House Antitrust Subcommittee of the Judiciary Committee’s recent hearings into “big tech” and antitrust were “must see TV” for antitrust attorneys. Over the five hours of testimony, many interesting questions (...)

The US House of Representatives Judiciary Committee holds hearings with the four Big Tech companies in its investigation of competition in digital markets (Amazon / Google / Apple / Facebook)
US House of Representatives (Washington DC)
United States 1 contribution 53 visits
Antitrust Subcommittee Chair Cicilline Statement for Hearing on "Online Platforms and Market Power, Part 6: Examining the Dominance of Amazon, Apple, Facebook, and Google"* Washington, D.C. – Today, House Judiciary Antitrust, Commercial and Administrative Law Subcommittee Chair David N. (...)

The Croatian Competition Authority releases its 2019 annual report
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19376 visits
Annual Report of the Croatian Competition Agency for 2019* The Annual Report for 2019 outlines the CCA activities in the previous year and informs the political scene, the economic operators and all professional stakeholders about the operation of the CCA in 2019, ensuring the transparency (...)

The BRICS Competition Authorities issue a statement on COVID-19
Shardul Amarchand Mangaldas (New Delhi)
Inde 63 contributions 18384 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 20409 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 19309 visites
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The Heads of the BRICS Competition Authorities of Brazil, Russia, India, China and South Africa issued a Statement on COVID-19. The Authorities noted the significant impact of the pandemic on all aspects of global economic stability, especially in developing countries and recognised the (...)

The EU Commission issues a communication setting out specific best practices and recommendations for national courts to protect confidential information in private litigation proceedings
Portolano Cavallo (Milan)
Italy 63 contributions 9799 visits
The protection of confidential information is an issue of increasing importance in today’s business relationships, as well as in cases of litigation before the courts. Indeed, the issue not only arises in connection with modern business contracts, where the parties may exchange in real time (...)

The UK Competition Authority takes part in a paper exploring the consequences for competition of the COVID-19 pandemic
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95253 visits
How should competition policy react to coronavirus?* IPPR has today published a paper by CMA Chairman Andrew Tyrie, discussing how competition policy can contribute to a robust and sustainable post-crisis recovery. The paper - How should competition policy react to coronavirus? - explores (...)

The German Government adopts a new sweeping revision of the FDI control regime
Latham & Watkins (Hambourg)
Germany 4 contributions 169 visits
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European Commission - DG COMP (Brussels)
Belgium 3 contributions 3771 visits
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Gibson Dunn (Frankfurt)
1 contribution 18 visits
The latest amendments provide new criminal gun jumping rules, broaden the standard of review, and expand EU-wide cooperation Key Points: New gun jumping rules prohibit certain pre-closing cooperation as well as information exchanges and provide for significant fines and criminal sanctions. (...)

The EU Commission launches a sector inquiry into the consumer-related devices and services that are connected through a network and can be controlled wirelessly (IoT)
Covington & Burling (Brussels)
Belgique 49 contributions 17610 visites
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7 contributions 1784 visits
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Covington & Burling (London)
United Kingdom 6 contributions 1416 visits
On July 16, 2020, the European Commission (“Commission”) announced that it has launched an antitrust sector inquiry into "consumer-related products and services that are connected to a network and can be controlled at a distance, for example via a voice assistant or mobile device." (...)

The EU Commission launches sector inquiry into the consumer Internet of Things
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813737 visits
Antitrust: Commission launches sector inquiry into the consumer Internet of Things (IoT)* The European Commission today launched an antitrust competition inquiry into the sector of Internet of Things (IoT) for consumer-related products and services in the European Union. The sector inquiry (...)

The EU Commission launches a sector inquiry into the Internet of Things for consumer-related products and services in the EU
ADNOC Group (Abu Dhabi)
United Kingdom 29 contributions 5360 visits
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Ashurst (London)
Royaume-Uni 34 contributions 16796 visites
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Ashurst (London)
Royaume-Uni 21 contributions 4289 visites
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Sector inquiry launched into the Internet of Things On 16 July 2020, the European Commission ("Commission") launched an antitrust competition inquiry into the sector of Internet of Things ("IoT") for consumer-related products and services in the EU. The inquiry complements other actions (...)

The EU Commission launches a sector inquiry on the consumer Internet of Things
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3586 visits
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Linklaters (London)
United Kingdom 34 contributions 3093 visits
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Zepos & Yannopoulos (Athens)
Greece 29 contributions 2422 visits
On 16 July 2020, the European Commission launched an antitrust sector inquiry into the market for Internet of Things (IoT) for consumer-related products and services in the EU. The Commission’s inquiry will focus on such products and services that are connected to a network and can be (...)

The EU Commissions launches a sector inquiry into the Internet of Things (IoT) for consumer-related products and services
Bird & Bird (Brussels)
Belgium 7 contributions 1368 visits
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Allen & Overy (Brussels)
Belgium 28 contributions 3263 visits
The inquiry will focus on "consumer-related products and services that are connected to a network and can be controlled at a distance, for example via a voice assistant or mobile device, including smart home appliances and wearable devices". Consumer-related IoT products and services in the (...)

The EU Commission launches a sector inquiry into the market for consumer products and services linked to the Internet of Things
Baker McKenzie (Brussels)
United States 5 contributions 795 visits
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Baker McKenzie (Brussels)
Belgium 6 contributions 3949 visits
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Baker McKenzie (London)
United Kingdom 5 contributions 2586 visits
In brief The European Commission (Commission) has launched a sector inquiry into the market for consumer products and services linked to the Internet of Things (IoT). This marks the start of an intensive information gathering process in which hundreds of companies will be asked for information (...)

The EU Commission launches a sector inquiry into the consumer Internet of Things
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13948 visits
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Linklaters (London)
United Kingdom 34 contributions 3093 visits
On 16 July 2020, the European Commission (“Commission”) launched an antitrust sector inquiry into the market for the Internet of Things (IoT) for consumer-related products and services in the EU. According to the Commission, the sector inquiry will focus on consumer-related products and (...)

The EU Commission initiates inquiry into the consumer Internet of Things sector
King & Spalding (Brussels)
Belgium 10 contributions 5264 visits
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Hogan Lovells (Brussels)
Belgium 7 contributions 1276 visits
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Clifford Chance (London)
United Kingdom 2 contributions 154 visits
The European Commission (“Commission”) has launched an antitrust sector inquiry into the Internet of Things (“IoT”) sector for consumer-related products and services within the European Union. The Commission is looking to develop a better understanding of how this fast-moving sector works and (...)

The UK Competition Authority publishes its annual report 2019/2020
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95253 visits
CMA publishes Annual Report 2019/2020* The CMA has published its Annual Report, highlighting the wide range of work the UK competition and consumer authority has carried out in the past year. Throughout the year, the CMA delivered a substantial volume of work to ensure effective (...)

The Mexican Competition Authority calls for multiple national regulators to adopt measures to increase competition in the gasoline markets
Mexican Competition Authority (Mexico City)
Mexico 134 contributions 25948 visits
The implementation of regulation in gasoline markets should incentivize competition in order to reduce its final price to the public: COFECE* The Commission issued an opinion where it proposes that SENER, SE, CRE and CONAMER adopt measures to increase competition in the gasoline markets. The (...)

The Hellenic Competition Authority carries out an in-depth investigation into the effects of COVID-19 pandemic on the markets for basic food commodities
Hellenic Competition Commission (Athens)
Greece 126 contributions 17177 visits
In-depth investigation into the effects of COVID-19 pandemic on the markets for basic food commodities * The Hellenic Competition Commission ("HCC"), acting within its powers, systematically investigates and monitors financial data for various sectors, in particular relating to basic (...)

The Dutch Competition Authority offers more leeway for environmental sustainability initiatives with competition law
KPN (Amsterdam)
Netherlands 33 contributions 7184 visits
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Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 11 contributions 5099 visits
Introduction On 9 July 2020 the Netherlands Authority for Consumers and Markets (‘ACM’) published its draft sustainability guidelines (‘Draft Guidelines’) containing ACM’s proposed approach of assessing the compatibility of sustainability initiatives with competition law. A new feature in (...)

The German Competition Authority opens a sector inquiry into publicly accessible charging infrastructure for electric vehicles
German Competition Authority (Bonn)
Germany 447 contributions 113564 visits
Sector inquiry on publicly accessible charging infrastructure for electric vehicles* The Bundeskartellamt has initiated a sector inquiry on the provision and marketing of publicly accessible charging infrastructure for electric vehicles. Andreas Mundt, President of the Bundeskartellamt: (...)

The Italian Competition Authority provides feedback on the governmental report regarding the development of ultra-wideband fixed and mobile telecommunication infrastructure, with a view to promoting investment and competition
Italian Competition Authority (Rome)
Italy 69 contributions 18278 visits
S3904 - ICA: removing obstacles to the development of the ultra-wide bands. Report to Parliament, the Government, AGCOM and ANCI* At the meeting of the 1st July 2020, the Italian Competition Authority [Autorità Garante della Concorrenza e del Mercato] decided to address a report to the (...)

The Regional Administrative Court of Lazio rejects an appeal filed against the Communication Authority’s decision concerning transparency obligations regarding ownership structures of a newspaper publishing company (Omissis)
Academy of Arts and New Technologies (Rome)
Italy 1 contribution 62 visits
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Portolano Cavallo (Milan)
Italy 6 contributions 642 visits
With its decision of July 8, 2020 the Regional Administrative Court of Lazio (“TAR Lazio”) rejected an appeal filed against a resolution adopted by the Italian Communications Authority (respectively the “AGCOM Resolution” and “AGCOM”) concerning transparency obligations regarding the ownership (...)

The Italian Competition Authority reports to Parliament and the Government on the Relaunch Decree related to COVID-19
Italian Competition Authority (Rome)
Italy 69 contributions 18278 visits
S3940 - ICA: report to Parliament and the Government on Relaunch Decree issues At the meeting held on the 1st July 2020, the Authority resolved, pursuant to article 21 of Italian Law no. 287/1990, to report certain provisions of Italian Decree Law no. 34 of 19 May 2020 on Urgent measures (...)

The Spanish Competition Authority publishes a guide on the treatment of confidential information in antitrust proceedings
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46118 visites
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Latham & Watkins (Brussels)
Belgium 24 contributions 3207 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22002 visits
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The CNMC has published the “Guide on treatment of confidential information and personal data in antitrust proceedings under Law 15/2007” (Guide), aimed at providing guidance to companies and other interested parties when they request confidentiality of information or documents provided by them (...)

The Hellenic Competition Authority completes public consultation in the context of its sector inquiry into basic consumer goods and supermarkets
Hellenic Competition Commission (Athens)
Greece 126 contributions 17177 visits
HCC sector inquiry into basic consumer goods (supermarkets): public consultation and teleconference* The Hellenic Competition Commission (‘HCC’) in the context of its sector inquiry into basic consumer goods (supermarkets) has successfully completed its teleconference/public consultation (...)

The UK Competition Authority publishes its final report on online platforms and digital marketing and calls for a new pro-competitive regulatory regime
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13948 visits
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Linklaters (London)
United Kingdom 34 contributions 3093 visits
On 1 July 2020, the UK’s Competition and Markets Authority (“CMA”) published its final report on its year-long market study into online platforms and the digital advertising market in the UK. The CMA found that existing competition law tools are not suitable for ensuring effective competition (...)

The UK Competition Authority publishes a statement outlining a series of regulatory initiatives aimed at tech giants
Shearman & Sterling (London)
United Kingdom 23 contributions 14001 visits
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Shearman & Sterling (London)
United Kingdom 30 contributions 14021 visits
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European Commission - DG COMP (Brussels)
Belgium 13 contributions 10876 visits
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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, focused 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
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95253 visits
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 UK Competition Authority seeks a new regulatory regime for digital markets following its market study
Ashurst (London)
Royaume-Uni 34 contributions 16796 visites
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ADNOC Group (Abu Dhabi)
United Kingdom 29 contributions 5360 visits
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Ashurst (London)
Royaume-Uni 21 contributions 4289 visites
On 1 July 2020, the UK Competition & Markets Authority ("CMA") published its final report following a 12-month market study into online platforms and digital advertising in the UK (the "Final Report"). The Final Report concludes that, due to the dynamic nature of digital advertising, (...)

The German Competition Authority demands better information for consumers on the data processed by smart TVs
German Competition Authority (Bonn)
Germany 447 contributions 113564 visits
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 focused on digital advertising and signals a new path for a UK clampdown on Big Tech due to the current inadequate competition law toolkit
Shearman & Sterling (London)
United Kingdom 23 contributions 14001 visits
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Shearman & Sterling (London)
United Kingdom 30 contributions 14021 visits
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European Commission - DG COMP (Brussels)
Belgium 13 contributions 10876 visits
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 German Competition Authority publishes its final sector inquiry report on smart TVs
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13948 visits
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Linklaters (London)
United Kingdom 34 contributions 3093 visits
On 1 July 2020, the German Federal Cartel Office (“FCO”) published the final report on the sector inquiry on smart TVs which revealed serious transparency shortcomings in the privacy policies of all major market players in Germany. The FCO concluded that almost all smart TV manufacturers (...)

Anticompetitive practices

 The Australian Competition Authority proposes to continue to allow airlines to cooperate on regional routes due to COVID-19 pandemic
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82241 visits
ACCC proposes to continue to allow airlines to cooperate on regional routes* Regional Express Pty Ltd (Rex) will be allowed to continue to coordinate flight schedules with Qantas and Virgin Australia on 10 regional routes (the relevant routes) in response to the COVID-19 pandemic, under an (...)

The UK Competition Authority consults on amending guidance on applications for leniency and no-action in cartel cases
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 40 contributions 39281 visits
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Cleary Gottlieb Steen & Hamilton (London)
Belgium 32 contributions 37714 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 11 contributions 2170 visits
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The CMA’s Guidance on applications for leniency and no-action in cartel cases provides detailed guidance on the principles and process for leniency applications. On 30 July 2020, the CMA invited comments on a proposed addendum to clarify the way the CMA will exercise its discretion in relation (...)

The Portuguese Competition Authority issues a statement of objections to six waste management companies for non-competition agreement (Blueotter / EGEO)
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28732 visits
AdC issues Statement of Objections to six waste management companies for non-competition agreement* The AdC issued a Statement of Objections to six companies and six board members of the waste management groups Blueotter and EGEO with respect to a non-competition agreement, forbidden by (...)

The Polish Competition Authority publishes guidelines on sanctions for companies and their managers for implementing anticompetitive agreements
Bird & Bird (Warsaw)
Poland 19 contributions 2964 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 2964 visits
The Polish Competition and Consumer Protection Act foresees that sanctions for implementing anticompetitive agreements may be imposed on companies and their managers. In fact, managers who have intentionally permitted their company to engage in such practices can face a fine of up to PLN 2 (...)

The Indian Government allows the Tax Department to share information with the Competition Authority, which proceeded to give leniency to the two companies involved in cartel cases in the transport sector during the COVID-19 pandemic (Automotive Bearing / Railway Locomotive)
IndusLaw (Delhi)
3 contributions 1526 visits
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AZB & Partners (Mumbai)
India 2 contributions 1066 visits
CCI joins forces with the Indian Tax Department: A new dawn for the Indian Fair-trade regulator?* The outbreak of the Covid-19 pandemic has worsened the already struggling Indian economy and the sky-high growth in the cartel cases in the country comes as no surprise. However, given the (...)

The French Competition Authority launches a market consultation to assess the proposal of a company in the toy retail sector to modify its pricing policy (Lego)
French Competition Authority (Paris)
France 741 contributions 394273 visits
Lego proposes commitments to the Autorité to modify its pricing policy* The Autorité launches a market consultation to assess this proposal. Cdiscount and EMC Distribution (Casino Group’s reference listing offices) lodged a complaint with the Autorité de la concurrence regarding practices (...)

The Canadian Competition Authority invites feedback on updated Competitor Collaboration Guidelines
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10506 visits
Competition Bureau invites feedback on updated Competitor Collaboration Guidelines* The Competition Bureau has published a draft version of its revised Competitor Collaboration Guidelines and invites interested parties to provide their comments no later than September 28, 2020. In today’s (...)

The New Zealand Competition Authority reaches a settlement in equine air freight price-fixing proceeding (IRT Partnership)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23593 visits
Settlement reached in equine air freight price-fixing proceeding* A settlement has been reached with the International Racehorse Transport New Zealand Partnership (IRT Partnership) in a price fixing case arising from an arrangement between IRT Partnership and its competitor for the provision (...)

The Hungarian Competition Authority investigates therapeutic claims attributed to cosmetic products containing C-peptide as consumers are subjected to unfair commercial practices due to the COVID-19 pandemic (Vargapeptide)
Bird & Bird (Budapest)
Hungary 16 contributions 2127 visits
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Bird & Bird (Budapest)
Hungary 18 contributions 2372 visits
The Hungarian Competition Authority (GVH) keeps a watchful eye over advertisement claims regarding alleged COVID-19 treatments that exploit the vulnerability of consumers in the current pandemic. The GVH initiated an investigation against Max-Immun Kft. in May (VJ/22/2020), because of its (...)

The US DoJ announces that a proposed patent-pooling platform dedicated to 5G cellular technology standards for use in the automotive industry is unlikely to harm competition (Avanci)
Seyfarth Shaw (Boston)
United States 1 contribution 99 visits
DOJ Antitrust Division Approval of Pooling of “Essential” Standards Will Help Speed Integration of 5G Technology Into New Vehicles* The US Department of Justice (DOJ) Antitrust Division recently announced that it has concluded that a proposed patent-pooling platform dedicated to “essential” (...)

The Hellenic Competition Authority fines two furniture companies for bid-rigging a public hospital’s tender but reduces their fines for cooperation in the case (Papanastasiou / Pichas)
Hellenic Competition Commission (Athens)
Greece 126 contributions 17177 visits
Decision on the ex-officio investigation in the furniture and professional equipment market (703/2020)* The Hellenic Competition Commission (HCC), in plenary, adopted a unanimous decision following the simplified Settlement Procedure according to article 25a of Law 3959/2011 and Decision no. (...)

The Turkish Competition Authority grants an individual exemption for a subcontracting agreement concluded with a subcontractor in the same market taking into account localization of the import-dependent insulin industry and sustainability of the quality (Novo Nordisk)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 168 contributions 81016 visites
On November 5, 2019, Novo Nordisk Sağlık Ürünleri Ticaret Ltd. Şti. (“Novo Nordisk”) applied to the Turkish Competition Authority (“Authority”) for a negative clearance or an individual exemption with respect to a subcontracting agreement with Abdi İbrahim İlaç San. ve Tic. A.Ş. (“Abdi (...)

The Spanish High Court rejects the appeal brought by a consultancy firm fined for acting as a facilitator in a car cartel (ANT)
Ashurst (Madrid)
Spain 14 contributions 2234 visits
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Spanish Competition Authority (CNMC) (Madrid)
Spain 8 contributions 1402 visits
In 2015, the Spanish Competition Authority ("CNMC") sanctioned a cartel of Land Rover dealers, and found that a consultancy firm, ANT Servicalidad, was also liable for the conduct as it acted as a facilitator of the cartel. In a recent judgment, the Spanish High Court rejected the appeal (...)

The Dutch Competition Authority reports that smaller businesses, especially in the transport sector, are less aware of competition rules
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34943 visits
Smaller businesses in particular lag behind in their awareness of distortion of competition* Most companies that are active in the Dutch ports and in port-related markets say they comply with the rules on fair competition. Yet, smaller companies in particular do not know the rules very well. (...)

The US DoJ issues a letter for monoclonal antibody manufacturers to expand their production and allows exchange of information during the COVID-19 pandemic
US Department of Justice (Washington)
United States 176 contributions 74178 visits
Department Of Justice Issues Business Review Letter To Monoclonal Antibody Manufacturers To Expedite And Increase The Production Of Covid-19 Mab Treatments* The United States Department of Justice announced today that it will not challenge proposed efforts by Eli Lilly and Company, (...)

The US DoJ charges a sixth pharmaceutical company for fixing prices, allocating customers and bid rigging in an ongoing investigation into the generic drugs industry (Taro Pharmaceuticals)
US Department of Justice (Washington)
United States 176 contributions 74178 visits
Sixth Pharmaceutical Company Charged In Ongoing Criminal Antitrust Investigation* Fifth Company to Admit It Fixed Prices of Generic Drugs Taro Pharmaceuticals U.S.A., Inc. (Taro U.S.A.) has been charged for conspiring to fix prices, allocate customers, and rig bids for generic drugs, the (...)

The Italian Competition Authority announces the opening of an investigation against two Big Tech firms for violation of Article 101 TFEU (Apple / Amazon)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5440 visits
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Bird & Bird (Rome)
Italy 19 contributions 4080 visits
On 22 July, the Italian Competition Authority (the "ICA") announced it had opened an investigation against Apple and Amazon for an alleged violation of article 101 TFEU. Following a complaint received in February 2019 from a retailer who was banned from reselling products on the Amazon (...)

The Israeli Competition Tribunal upholds the Competition Authority’s instruction prohibiting an importer from reporting to a multinational consumer products company on parallel imports of the company’s toothpaste (Schestowitz / Colgate-Palmolive)
Israel Competition Authority (Jerusalem)
Israël 17 contributions 2102 visites
The Competition Tribunal has confirmed an instruction of the Director-General, which prohibits Schestowitz from reporting to Colgate-Palmolive on parallel imports of Colgate toothpaste* The Competition Tribunal granted the force of a judgment to a new instruction of the Director-General to (...)

The Italian Competition Authority launches an investigation on two giant tech companies for implementing a competition-restricting agreement (Apple / Amazon)
Italian Competition Authority (Rome)
Italy 69 contributions 18278 visits
ICA: investigation launched against Apple and Amazon for banning the sale of Apple- and Beats-branded products to retailers who do not join the official programme* Italian Competition Authority launched an investigation pursuant to Article 101 TFUE against the companies in the Apple Inc. and (...)

The Mexican Competition Authority investigates on services for maritime passenger transportation (State of Quintana Roo)
Mexican Competition Authority (Mexico City)
Mexico 134 contributions 25948 visits
COFECE investigates competition conditions in the services for maritime passenger transportation in routes with origin and/or destination in the northern zone of the state of Quintana Roo* On July 13, 2020, the Investigative Authority agreed that in the said market it is necessary to (...)

The Singapore Competition Authority issues a guidance note on collaborations between competitors in response to the COVID-19 pandemic
Bird & Bird (Singapore)
Singapore 4 contributions 382 visits
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Bird & Bird (Singapore)
Singapore 5 contributions 449 visits
COVID-19 has presented significant economic challenges to businesses across all industries, disrupting daily operations and global supply chains. During this time, temporary collaborations among competitors have become an important means of sustaining or improving the supply of essential (...)

The Singaporean Competition Authority issues a guidance note on collaborations between competitors in order to supply essential goods and services in response to the COVID-19 pandemic
Baker McKenzie (Singapore)
Singapore 5 contributions 2816 visits
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Baker McKenzie (Singapore)
Singapore 3 contributions 2270 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The COVID-19 pandemic has disrupted the supply of essential goods and services around the world, including Singapore, and such disruptions have required (...)

The Dutch Competition Authority fines roofing contractors for bid-rigging (Schadenberg / Van Venrooy)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34943 visits
Roofing contractors fined for distortion of competition in tender process* The Netherlands Authority for Consumers and Markets (ACM) has fined two roofing contractors for distorting competition in a tender process. An Amsterdam-based firm wanted to get the best price for a roof renovation (...)

The Hellenic Competition Authority implements a regulation authorising agreements and decisions on market stabilisation measures in the wine sector due to COVID-19
Hellenic Competition Commission (Athens)
Greece 126 contributions 17177 visits
Commission Implementing Regulation in the wine sector* Commission Implementing Regulation authorising agreements and decisions on market stabilisation measures in the wine sector The European Commission adopted an additional package of exceptional measures to support the wine sector, (...)

The Portuguese Competition Authority issues statement of objections to 4 telecom undertakings for cartel agreement to limit competition in online advertising (MEO / NOS / NOWO / Vodafone)
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28732 visits
AdC issues Statement of Objections to MEO, NOS, NOWO and Vodafone for cartel to limit competition in online advertising* The AdC issued a Statement of Objections to the telecommunications operators MEO - Serviços de Comunicações e Multimédia (MEO), NOS Comunicações, SA, NOWO - (...)

The EU Court of Justice upholds the Commission’s right to continue inspection at Brussels premises in Power Cable cartel case (Nexans)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92483 visits
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Linklaters (London)
United Kingdom 34 contributions 3093 visits
On 16 July 2020, the Court of Justice of the European Union (the “ECJ”) delivered a judgment dismissing the appeal by Nexans France and its parent company Nexans (together “Nexans”) against the judgment of the General Court of the European Union (the “GC”) in the Power Cables cartel case. By (...)

The French Competition Authority imposes € 93 million fine on cartel in ham and cold meat sector (Charcuterie cartel)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92483 visits
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Hogan Lovells (Brussels)
Belgium 4 contributions 568 visits
On 16 July 2020, the French Competition Authority (“FCA”) imposed a € 93 million fine on twelve ham and cold meats manufacturers (Cooperl Arc Atlantique, Les Mousquetaires, Fleury Michon, Coop, Savencia, Campofrio, Aubret, Sonical, La Financiere du Haut Pays, CA Animation, Nestle, Salaison du (...)

The EU Court of Justice rules on dawn raids, in particular on storing of data without prior selection, which is then examined in the offices of the Commission (Nexans)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46118 visites
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 3922 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22002 visits
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The CJEU ruled on the European Commission’s powers of inspections in cartel proceedings, in particular, regarding the power to copy data without a prior examination. On 2009, the Commission’s inspectors, accompanied by representatives of the French competition authority, visited the premises (...)

The French Competition Authority fines twelve undertakings for taking part in a double-sided cold meat cartel (Charcuterie cartel)
Addleshaw Goddard (Paris)
France 39 contributions 44055 visits
The French Competition Authority ("FCA") has fined twelve undertakings involved in a cartel at multiple levels of the ham and cold meats sector. On 16 July 2020, the FCA issued a decision (n°20-D-09) imposing fines to 12 undertakings which were party to a cartel in the ham and cold meats (...)

The French Competition Authority fines 12 manufacturers for cartel in the ham and cold meat sector (Charcuterie cartel)
French Competition Authority (Paris)
France 741 contributions 394273 visits
The Autorité hands out fines worth 93 million euros to a cartel in the ham and cold meats (charcuterie) sector* The manufactures involved (“cold meat manufacturers”) worked in concert in order to purchase cuts of ham from slaughterhouses at lower prices and/or were fixing the price (...)

The German Competition Authority allows cooperation between competing breweries in the production of Kölsch type of beer specific to the local market in Cologne due to resulting efficiency gains in production (Radeberger / Früh)
German Competition Authority (Bonn)
Germany 447 contributions 113564 visits
No objections to cooperation between Radeberger and Früh for the production of Kölsch* The Bundeskartellamt has today announced that a cooperation between the Radeberger Group KG (“Radeberger“) and Cölner Hofbräu P. Josef Früh KG (“Früh”) for the production of Kölsch can been deemed to (...)

The Lithuanian Competition Authority fines the national transport safety administration for extending contracts with 42 service providers without a competitive procedure (Lithuanian Transport Safety Administration)
Lithuanian Competition Authority (Vilnius)
Lituanie 105 contributions 20095 visites
Contract Extensions With Passenger Road Transport Service Providers Without a Competitive Procedure Restricted Competition* The Lithuanian competition authority Konkurencijos taryba has found that the Lithuanian transport safety administration (LTSA) infringed the Law on Competition when it (...)

The Australian Competition Authority proposes to allow supermarkets to continue cooperating on grocery supply during the COVID-19 pandemic
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82241 visits
ACCC proposes to allow supermarkets to continue cooperating on grocery supply* Supermarket operators will be able to continue working together until March 2021 to ensure the continued supply of food and groceries during the COVID-19 pandemic, under the ACCC’s draft determination. “The ACCC (...)

The EU Commission fines ethylene purchasers in the chemical industry for participating in a cartel aimed at purchasing a product at the lowest possible price (Orbia / Clariant / Celanese / Westlake)
Herbert Smith Freehills (Brussels)
Belgium 44 contributions 17602 visits
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Herbert Smith Freehills (Brussels)
Belgium 16 contributions 5076 visits
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Herbert Smith Freehills (Brussels)
Belgium 3 contributions 356 visits
On 22 January 2021, the European Commission published a non-confidential version of its decision to fine ethylene purchasers Orbia, Clariant and Celanese a total of EUR 260 million for participating in a cartel aimed at purchasing ethylene at the lowest possible price, to the detriment of (...)

The EU Commission starts a market test inviting comments from interested parties on commitments offered by a pharmaceutical company that had abused its dominant position (Aspen)
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3586 visits
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Linklaters (London)
United Kingdom 34 contributions 3093 visits
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Zepos & Yannopoulos (Athens)
Greece 29 contributions 2422 visits
On 14 July 2020 the European Commission started a market test inviting comments from interested parties on commitments offered by Aspen Pharmacare Holdings. The Commission had opened an investigation in May 2017 over concerns that Aspen had abused its dominant position in a range of national (...)

The EU Commission fines ethylene purchasers €260 million in a cartel settlement (Orbia / Clariant / Calanese / Westlake)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92473 visits
On 14 July 2020, the European Commission (the “Commission”) announced that it had adopted a decision fin‐ ing three ethylene purchasers a total of € 260,443,000. The companies concerned namely, Orbia (Mexico), Clari‐ ant (Switzerland), Calanese (United States) and Westlake (United States), (...)

The EU Commission fines ethylene purchasers €260 million in cartel settlement for colluding to buy at the lowest possible price (Orbia / Clariant / Celanese / Westlake)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2813737 visits
Antitrust: Commission fines ethylene purchasers € 260 million in cartel settlement* The European Commission has fined Orbia, Clariant and Celanese a total of € 260 million for breaching EU antitrust rules. Westlake was not fined as it revealed the cartel to the Commission. The companies (...)

The EU Commission fines ethylene purchasers for having colluded and exchanged information on purchase prices (Orbia / Clariant / Celanese / Westlake)
Ashurst (Brussels)
Belgique 45 contributions 45861 visites
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ADNOC Group (Abu Dhabi)
Royaume-Uni 29 contributions 5360 visites
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Ashurst (London)
United Kingdom 18 contributions 6212 visits
Fines for ethylene purchasing cartel On 14 July 2020, the European Commission ("Commission") fined ethylene purchasers Orbia, Clariant and Celanese EUR 260 million for having colluded and exchanged information on purchase prices on the ethylene merchant market with a fourth participant, (...)

The German Federal Court of Justice grants Competition Authority the right to appeal against the Dusseldorf Higher Regional Court’s ruling regarding the use of narrow parity clauses (Booking)
Van Bael & Bellis (Brussels)
Belgique 30 contributions 3976 visites
On 14 July 2020, the German Federal Court of Justice (“FCJ”) granted the Federal Cartel Office (“FCO”) the right to appeal on points of law against the judgment of the Higher Regional Court of Düsseldorf in Booking. The Higher Regional Court of Düsseldorf (see VBB on Competition Law, Volume (...)

The Amsterdam Court of Appeal upholds the legality for non-luxury brands to ban resale on third-party platforms (Nike / Action Sport / Amazon)
Van Bael & Bellis (Brussels)
Belgium 173 contributions 56477 visits
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European Court of Justice (Luxembourg)
Luxembourg 9 contributions 1942 visites
On 14 July 2020, the Amsterdam Court of Appeal (the “Court”) handed down its judgment in the dispute between Nike European Operations Netherlands B.V. (“NEON”) and Action Sport SOC. COOP, A.R.L. (“Action Sport”), an Italian retailer of Nike’s sportswear, footwear and related products. The (...)

The Guernsey Competition Authority provisionally finds that a medical specialist imposed excessively broad restraints of trade restrictions on its ex-consultants (Medical Specialist Group)
Guernsey Competition Authority (St. Peter Port)
Guernsey 2 contributions 113 visits
Competition Authority issues case against Medical Specialist Group* The Guernsey Competition and Regulatory Authority (GCRA) has provisionally found that the Medical Specialist Group (MSG) has broken Guernsey competition law by imposing excessively broad restraint of trade restrictions on (...)

The US DoJ applauds the International Competition Network’s new international leniency guidelines
US Department of Justice (Washington)
États-Unis 176 contributions 74178 visites
Antitrust Division Applauds New International Leniency Guidelines* New guidelines will increase effectiveness of international cartel enforcement through better cooperation The Antitrust Division helped lead the International Competition Network (ICN) initiative on cross-border leniency (...)

The Indian Competition Authority issues for the second time in a cartelization case a cease and desist order with no penalty against 10 suppliers of brake blocks for alleged bid-rigging (Chief Materials Manager, South Eastern Railway / Hindustan Composites)
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10218 visites
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10284 visites
Two of the final orders recently pronounced by the CCI finding parties in violation of the cartel and bid-rigging provisions of the Competition Act, 2002 (“Act”) have come as a surprise to many. While the CCI found clinching evidence regarding the existence of an agreement to cartelize and (...)

The Indian Competition Authority refuses to penalize railway companies for bid-rigging due to the economic downturn caused by COVID-19 (Chief Materials Manager, South Eastern Railway / Hindustan Composites)
Lakshmikumaran & Sridharan (New Delhi)
Inde 84 contributions 8380 visites
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10218 visites
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Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10284 visites
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KEY POINTS While the CCI found sufficient evidence to hold that there existed a contravention of Section 3(3) of the Act, given the economic downturn due to the pandemic faced by Micro Small and Medium Enterprises (“MSMEs”) in India, and other public interest considerations, the CCI imposed (...)

The Indian Competition Authority refrains from imposing fines and imposes a cease and desist order on multiple rail companies found guilty for cartelization but avoids fining due to companies’ size and the economic impact of COVID-19 (Chief Materials Manager, South Eastern Railway / Hindustan Composites)
Shardul Amarchand Mangaldas (New Delhi)
Inde 63 contributions 18384 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 20409 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 19309 visites
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Following references by procurement officials of a number of railway companies, the Competition Commission of India (CCI) found that 10 suppliers of composite brake blocks had, at least from 2009 to 2017, engaged in cartelization, by means of directly or indirectly determining prices, (...)

The Indian Competition Authority identifies cartels but does not impose any penalty amidst the COVID-19 pandemic (Chief Materials Manager, South Eastern Railway / Hindustan Composites)
Ikigai Law (New Delhi)
1 contribution 744 visits
The Indian antitrust watchdog has changed its modus operandi in the ensuing pandemic, by taking a softer stance on cartel-like behaviour in the Micro Small and Medium Enterprises (MSME) sector. In July 2020, the Competition Commission of India (‘Commission’), while proving the existence of a (...)

The Australian Competition Authority allows public and private competing hospitals to continue cooperating in response to the COVID-19 pandemic
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82241 visits
Private and public hospitals can continue cooperating on COVID-19* Private and public hospital operators, along with government health authorities in each Australian state and territory, will be able to continue working with each other in response to the COVID-19 pandemic, under the ACCC’s (...)

The UK Competition Authority fines 3 pharmaceutical companies £2.3 million for having an anti-competitive agreement in the supply of the life-saving drug fludrocortisone and secures £8 million in damages for the National Health Service (Aspen / Amilco / Tiofarma)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 384 contributions 95253 visites
CMA levies fines of £2.3m and secures £8m for NHS in pharma probe* The CMA has formally concluded that 3 pharmaceutical companies took part in an illegal arrangement in relation to the supply of life-saving medicine. The investigation by the Competition and Markets Authority into the (...)

The EU General Court reduces the fine imposed on a company for its participation in the smart card chip market by almost €6 million (Infineon Technologies)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46118 visites
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 3923 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22002 visits
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By decision of 3 September 2014, the Commission established the existence of a cartel in the smart card chip sector in the EEA from 2003 to 2005. Within said cartel, several undertakings, namely Infineon, Philips, Samsung and Renesas, had coordinated their pricing policy through a network of (...)

The EU General Court orders that the fine imposed on a semiconductor manufacturer for its participation in a cartel in the smart card chip market be reduced by almost €6 million, from €82,784,000 to €76,871,600 (Infineon Technologies)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 29519 visits
The General Court orders that the fine imposed on Infineon for its participation in a cartel in the smart card chip market be reduced by almost €6 million, from €82,784,000 to €76,871,600* The Commission took insufficient account of the limited number of the anticompetitive contacts which (...)

The Indian Competition Authority dismisses abuse of dominance claims against the national highway authority based on the eligibility criteria stipulated in a request for tenders (Sandeep Mishra / National Highway Authority of India)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8380 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10218 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10284 visits
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Key Points It is the prerogative of the procurer / buyer to decide technical specifications in the tender document as per its requirement. Such specifications would only be subject to the provisions of the Act if the tender document framed by a dominant entity contained provisions which were (...)

The German Lower Regional Court of Dortmund hands down a judgment regarding follow-on damages against a wholesale company for sanitary and heating products (Sanitary and heating cartel)
Ashurst (Frankfurt)
Germany 15 contributions 4170 visits
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Ashurst (Frankfurt)
Germany 4 contributions 312 visits
On 8 July 2020, The German Lower Regional Court of Dortmund ("Court") recently handed down its ruling regarding follow-on damages against a specialist wholesale company for sanitary and heating products. Damages were sought following a fine of the German Federal Cartel Office ("FCO") relating (...)

The Indian Competition Authority reaffirms that prescribing eligibility criteria in tenders is not anticompetitive (Sandeep Mishra / National Highways Authority of India)
Shardul Amarchand Mangaldas (New Delhi)
Inde 63 contributions 18384 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 20409 visites
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Shardul Amarchand Mangaldas (New Delhi)
Inde 66 contributions 19309 visites
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In dismissing a complaint at prima facie stage against the National Highways Authority of India (NHAI), [1] the CCI reaffirmed that the prescription of eligibility criteria by a procurer/buyer of a product or service will not, unless demonstrably unfair or discriminatory, be regarded as (...)

The German Competition Authority assists a national hospital institute in ensuring a competitive procurement process for licensing a new algorithm for invoicing hospital services (Institute for the Hospital Remuneration System)
German Competition Authority (Bonn)
Allemagne 447 contributions 113564 visites
Bundeskartellamt safeguards innovation with regard to software for the classification and invoicing of hospital services* The Bundeskartellamt successfully assisted the Institute for the Hospital Remuneration System (Institut für das Entgeltsystem im Krankenhaus, InEK) in ensuring that its (...)

The Swedish Competition Authority accepts commitments from a training company to limit its use of exclusive agreements with fitness studios and closes its investigations into another two companies (Bruce / Classpass / Swiftr)
Swedish Competition Authority (Stockholm)
Sweden 69 contributions 9926 visits
Swedish Competition Authority accepts commitments from training company* Bruce is a company that offers training services. The company has offered to limit its use of exclusive agreements with fitness studios in order to avoid that competition concerns arise. The Swedish Competition (...)

The UK High Court disqualifies a company director for taking part in a competition law breach in the real estate sector (Michael Martin)
Ashurst (London)
United Kingdom 14 contributions 2455 visits
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Ashurst (London)
United Kingdom 18 contributions 6212 visits
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Ashurst (London)
United Kingdom 3 contributions 217 visits
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The first competition disqualification order to come to trial has resulted in a company director, Michael Martin, being disqualified for seven years. In its judgment of 7 July 2020, the UK High Court found that Mr Martin had contributed to Gary Berryman Estate Agents’ breach of competition law (...)

The EU Commission announces the relaxation of competition rules for wine producers due to the COVID-19 pandemic
Hogan Lovells (Brussels)
Belgium 4 contributions 1202 visits
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Hogan Lovells (Brussels)
Belgium 3 contributions 674 visits
EU wine producers can now benefit from a temporary relaxation in competition rules* The European wine sector has been greatly affected by the COVID-19 pandemic. According to statistics from the European Commission (EC), there has been a 30% reduction in the volume of wine sold and a 50% (...)

The Brazilian Competition Authority publishes general guidelines for competitor collaborations allowed during the COVID-19 crisis
Caminati Bueno Advogados (São Paulo)
Brazil 6 contributions 3481 visits
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Caminati Bueno Advogados (São Paulo)
Brazil 6 contributions 3481 visits
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Caminati Bueno Advogados (São Paulo)
Brazil 5 contributions 3315 visits
On July 6th , the Brazilian Antitrust Authority (CADE) published the so-called “Provisional Informative Note” to guide the economic agents on the collaboration between companies to fight the Covid-19 crisis. The document (available here), awaited by the antitrust community, sets out general (...)

The Mexican Competition Authority alongside 4 other national regulators proposes a new law on public procurement to promote better public expenditure and revive the national economy
Mexican Competition Authority (Mexico City)
Mexique 134 contributions 25954 visites
New Law on Public Procurement is Proposed to Promote Better Public Expenditure and to Revivify the Mexican Economy* Civil society organizations and public institutions specialized on public procurement join efforts to propose a General Law on Procurement that leads to full and timely public (...)

The Portuguese Competition Authority issues statements of objections to 6 large supermarket chains and 2 drink suppliers for price fixing (Modelo Continente / Pingo Doce / Auchan / Sumol+Compal / Sogrape / Lidl / Intermarché / E-Leclerc)
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28732 visites
New case in the retail sector: AdC issues Statements of Objections to six supermarket chains and two drink suppliers for price fixing, harmful to consumers* The AdC – Portuguese Competition Authority issued Statements of Objections to 6 large food retail chain groups and 2 suppliers, one of (...)

The UK High Court makes its first competition disqualification order in the real estate sector (Michael Martin)
Radcliffe Chambers (London)
United Kingdom 1 contribution 139 visits
In the summer of 2020 the first application by the Competition and Markets Authority (‘the CMA’) for a competition disqualification order pursuant section 9A of the Company Directors Disqualification Act 1986 (‘CDDA’) was heard remotely by the English High Court (Re Property Group (2010) (...)

The UK High Court grants the first application for a competition disqualification order to come to trial by the UK Competition Authority against an estate agency director guilty of cartel participation by knowing of it and not acting to stop it (Michael Martin)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 384 contributions 95253 visites
Court orders disqualification of estate agent cartel director* In the first contested case of its kind, the CMA has secured the disqualification of a director whose Somerset estate agency breached competition law. Following a four day trial last month, Mr Michael Martin was today (...)

The Turkish Competition Authority fines financial institutions for not responding to information requests (Citibank / Goldman Sachs / ING Bank / JPMorgan / Türkiye Garanti Bankası)
ACTECON (Istanbul)
Turquie 12 contributions 4212 visites
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ACTECON (Istanbul)
Turkey 9 contributions 1838 visits
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Esin (Istanbul)
Turkey 3 contributions 743 visits
No Excuses to Not Responding to Information Requests: Financial Institutions Case in Turkey* The issuance of requests for information (“RFIs”) within the scope of an investigation or a merger control case can be deemed one of the main tools that enables, on the one hand, a competition (...)

The Swedish Competition Authority fines 2 interior design companies with over SEK 500,000 for coordinating sales prices of furniture (Artilleriet Interiors / Royal Design Group)
Swedish Competition Authority (Stockholm)
Sweden 69 contributions 9926 visits
Two companies consensually agree to pay administrative fines for engaging in unlawful cooperation* Two companies engaged in the sale of interior design, furniture, and home furnishing have consented to pay a fine order from the Swedish Competition Authority. The companies coordinated some of (...)

The Turkish Competition Authority fines banks and financial institutions for not providing information and documents in a preliminary investigation (JPMorgan / ING / Citibank / Goldman Sachs / Türkiye Garanti Bankası)
Erdem & Erdem (Istanbul)
Turkey 1 contribution 157 visits
Introduction In the recently published decisions of the Competition Board ("Board"), it is observed that undertakings were fined due to the fact that requested information and documents were not provided at all, or were provided incompletely. The most interesting of these decisions is the (...)

The US DoJ charges a Louisiana company with conspiracy to defraud the Government and violate the Procurement Integrity Act (Cajan Welding & Rentals)
US Department of Justice (Washington)
United States 176 contributions 74190 visits
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 Belgian Competition Authority does not consider the relegation of the football club to division 1B prima facie incompatible with competition law (FC Waasland-Beveren)
Belgian Competition Authority (Brussels)
Belgique 106 contributions 22698 visites
The Competition College does not consider the relegation of the football club Waasland-Beveren to division 1B prima facie incompatible with competition law* The Competition College of the Belgian Competition Authority (BCA) has on the 2nd of July 2020 imposed on the Pro League (Belgian (...)

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)
Japan 132 contributions 23843 visits
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 UK Competition Authority proposes the creation of a new regulatory authority and additional regulations to govern the conduct of online platforms funded by digital advertising
DLA Piper (London)
United Kingdom 28 contributions 11356 visits
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Jones Day (Washington)
United States 20 contributions 3897 visits
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Jones Day (Sydney)
Australia 10 contributions 2124 visits
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INTRODUCTION The CMA has recently issued its Final Report in the Market Study into Online Platforms and Digital Advertising (“Final Report”), which sets forth its findings and recommendations from its investigation of markets involving online platforms funded by digital advertising. In (...)

The UK Competition Authority imposes a £1.2m fine for price-fixing in private eyecare (Spire Healthcare)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 384 contributions 95253 visites
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 Irish Competition Authority warns businesses must act independently when setting prices during the re-opening phase of COVID-19
Irish Competition Authority (Dublin)
Irlande 102 contributions 16038 visites
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 UK Competition Authority fines private hospital and consultant eye doctors £1.2 million for price-fixing (Spire Healthcare)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92492 visits
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Government Legal Department (London)
United Kingdom 18 contributions 2458 visits
On 1 July 2020, the UK’s Competition and Markets Authority (“CMA”) fined the private hospital owner Spire Healthcare Limited and its parent Spire Healthcare Group Plc (together “Spire”) £1.2 million for instigating and facilitating a price-fixing cartel with seven consultant ophthalmologists (...)

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)
Latvian Competition Council (Riga)
Latvia 122 contributions 23758 visits
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 (...)

The Romanian Competition Authority releases for public consultation the new guide on vertical agreements
Romanian Competition Council (Bucharest)
Romania 158 contributions 27639 visits
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 fines £1.2 million healthcare providers and consultants for price-fixing (Spire Healthcare)
Ashurst (London)
United Kingdom 13 contributions 2400 visits
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ADNOC Group (Abu Dhabi)
United Kingdom 29 contributions 5360 visits
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Ashurst (London)
United Kingdom 13 contributions 3937 visits
Spire Healthcare, a private healthcare provider, and six consultant ophthalmologists have been fined for their roles in facilitating and arranging to fix the price of initial consultations between different consultants at a Spire hospital in the north of England. Whilst individual consultants (...)

Unilateral Practices

 The German Monopolies Commission calls for a level competitive playing field in the sports sector and invites the Competition Authority to issue special guidelines for the sector
White & Case (Düsseldorf)
Germany 36 contributions 14326 visits
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White & Case (Düsseldorf)
Germany 4 contributions 1955 visits
On July 29, 2020, the German Monopolies Commission published its 2020 biennial Report on Competition (Hauptgutachten XXIII: Wettbewerb 2020) under Section 44(1) Act against Restraints of Competition (“GWB”). In its report, the Monopolies Commission – a permanent, independent advisory body (...)

The US Court of Appeals for the Third Circuit upholds a lower Court’s ruling certifying a class of pharmaceutical drug purchasers alleging that the defendant engaged in anticompetitive behavior to maintain its monopoly over a drug (Indivior)
Hausfeld (Washington)
United States 7 contributions 976 visits
On July 28, 2020, a Third Circuit Court of Appeals panel unanimously upheld a lower court ruling certifying a class of Suboxone purchasers who alleged that the defendant Indivior Inc. engaged in anticompetitive behavior to maintain its monopoly over the drug. The Third Circuit panel rejected (...)

The US FTC charges a $10 million fine to a company that illegally maintained a monopoly over the opioid replacement therapy drug Suboxone (Indivior)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40096 visits
Indivior, Inc. to Pay $10 Million to Consumers, Settling FTC Charges that the Company Illegally Maintained a Monopoly over the Opioid Addiction Treatment Suboxone* FTC alleges company used anticompetitive tactics to impede competition from lower-cost generics Indivior, Inc. has agreed to (...)

The Slovak Competition Authority initiates administrative proceedings in a potential abuse of dominance case over collective management of rights
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5546 visits
ABUSE OF A DOMINANT POSITION: AMO SR initiated an administrative proceedings in the matter of a possible abuse of a dominant position in carrying out collective management of rights* On 20 July 2020 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of a Dominant Position (...)

The Turkish Competition Authority finds allegations of abuse of dominance against an automobile services company groundless and does not initiate a full-fledged investigation (Samuklar / Brisa)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 168 contributions 81020 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 10 contributions 4530 visits
On February 13, 2020, the Turkish Competition Board (“Board”) initiated a preliminary investigation upon the complaints received from Samuklar Motorlu Araçlar Madencilik İnş. San. ve Tic. Ltd. Şti.’s (“Samuklar”), which previously worked as the dealer of Brisa Bridgestone Sabancı Lastik San. (...)

The Mexican Competition Authority investigates monopolistic practices consisting in establishing exclusivity conditions of sale or purchase in the market for production, distribution and commercialization of medical oxygen
Mexican Competition Authority (Mexico City)
Mexique 134 contributions 25959 visites
COFECE investigates possible relative monopolistic practices in the market for production, distribution and commercialization of medical oxygen in the Mexican territory* This investigation must not be understood as a prejudgment but rather as an action of the authority to verify compliance (...)

The UK Competition Authority fines a musical manufacturing company for resale price maintenance (Roland)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 384 contributions 95253 visites
Roland fined £4 million for illegally preventing online price discounts* Lessons from the CMA’s investigation into Roland’s use of illegal resale price maintenance (RPM). Background When online resellers have the freedom to price items independently this leads to healthy competition – (...)

The Italian Council of State refers to the EU Court of Justice questions concerning the interpretation and application of Art. 102 TFEU following an abuse of dominance in the electricity market (Enel)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5441 visits
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Bird & Bird (Rome)
Italy 19 contributions 4080 visits
On 20 July, the Italian Supreme Administrative Court (Consiglio di Stato, CDS) referred to the Court of Justice (CJ) several questions concerning the interpretation and application of Article 102 TFEU. In the context of the dispute following the Italian Competition Authority’s decision to (...)

The Polish Competition Authority completes its initial activities towards the biggest 100 companies in the agri-food market and initiates proceedings against 4 commercial retail chains for unfair use of contractual advantages (Auchan Polska / Eurocash / Makro Cash and Carry Polska / Intermarche)
Polish Competition Authority (Warsaw)
Pologne 119 contributions 21693 visites
UOKiK’s further proceedings in the agri-food sector* UOKiK has completed its activities towards one hundred of the biggest players on the agri-food market, which were conducted under the Act on Contractual Advantage. In the course of the UOKiK’s proceedings, the majority of entrepreneurs (...)

The Croatian Competition Authority fines a supermarket chain for imposing unfair trading practices in the business-to-business food supply chain (Kaufland Hrvatska)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19376 visits
Kaufland Hrvatska fined 1.1 million Kuna for imposing unfair trading practices* The Croatian Competition Agency (CCA) fined Kaufland Hrvatska k.d. (Kaufland) 1.1 million Kuna for a serious breach of the provisions of the Act on the prohibition of unfair trading practices in the (...)

The Czech Competition Authority imposes a fine for anti-competitive parking conditions for certain hybrid vehicles in paid parking zones in Prague (City of Prague)
Bird & Bird (Prague)
Czech Republic 25 contributions 4314 visits
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Dentons (Prague)
Czech Republic 14 contributions 3241 visits
The Czech Office for the Protection of Competition ("Office") published a press release on 16 July 2020 (without publishing the full decision yet) regarding a fine imposed for anti-competitive parking conditions for certain hybrid vehicles in paid parking zones in Prague. According to this (...)

The EU Court of Justice AG Pitruzzella offers guidance on the method for calculating royalties that may lead to a finding of abuse of a dominant position (SABAM)
Van Bael & Bellis (Brussels)
Belgium 4 contributions 634 visits
On 16 July 2020, Advocate General (“AG”) Pitruzzella issued an opinion in Case C-327/19, advising the Court of Justice of the European Union (“ECJ”) on whether the method for calculating royalties used by SABAM, the Belgian collecting society, amounts to an abuse of a dominant position under (...)

The EU Commission invites comments on a pharmaceutical company’s proposed commitment to reduce the price by 73% for six off-patent cancer medicines to remove the Commission’s excessive pricing concerns (Aspen)
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813821 visites
Antitrust: Commission seeks feedback on commitments offered by Aspen to reduce prices for six off-patent cancer medicines by 73% to address Commission’s concerns over excessive pricing* The European Commission invites comments from all interested parties on commitments offered by Aspen to (...)

The EU Commission starts a market test on the proposed commitments offered by a pharmaceutical company to address the Commission’s concerns over excessive pricing on a range of off-patent cancer medicines (Aspen)
Van Bael & Bellis (Brussels)
Belgique 154 contributions 52602 visites
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Van Bael & Bellis (Brussels)
Belgium 56 contributions 25388 visits
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Van Bael & Bellis (Brussels)
Belgium 56 contributions 24597 visits
Today, the European Commission (the Commission) started a market test inviting comments from interested parties on commitments offered by Aspen Pharmacare Holdings (Aspen) to address the Commission’s concerns over excessive pricing for a range of off-patent cancer medicines (see, attached (...)

The EU Commission invites parties to submit comments regarding a pharma company and its excessive pricing (Aspen)
Van Bael & Bellis (Brussels)
Belgium 4 contributions 634 visits
On 14 July 2020, the Commission invited interested parties to submit comments on the commitments offered by global pharma company Aspen to address competition concerns in relation to Aspen’s excessive pricing for six critical off-patent cancer medicines in several national markets (excluding (...)

The EU Commission invites comments from all interested parties on commitments offered by pharmaceutical company to address the Commission’s concerns over excessive pricing (Aspen)
Dentons (Berlin)
Belgium 6 contributions 5373 visits
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DLA Piper (Bucharest)
Romania 8 contributions 2377 visits
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Plesner (Copenhagen)
Denmark 41 contributions 74238 visits
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Aspen: Quick Fix But Missed Opportunity* What are commitments? The recent effort by the Commission to settle the Aspen case suggests that commitment decisions are the preferred route to settle complex excessive pricing cases at EU-level. Previous commitment cases where high prices have been (...)

The Indian Competition Authority rejects a complaint against trademark holders concluding that legitimate assertion of trademark rights is not an abuse of dominance (Prashant Properties / SPS Steels Rolling Mills)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18384 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20409 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19309 visits
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The CCI rejected at prima facie stage a complaint that SPS Steels Rolling Mills (SPS) and other related entities/individuals had abused their dominant position by making an announcement threatening civil and criminal prosecution of any person using the trademark ‘ELEGANT’ or associated (...)

The Indian Competition Authority dismisses abuse of dominance claims after a manufacturing company issues a public notice of its trademark rights arising from the corporate insolvency resolution process (Prashant Properties / SPS Steel Rolling Mills)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8380 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10218 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10284 visits
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Key Points To bring an allegation of abuse of dominance before CCI, the informant ought to show that some right it possessed had been infracted by the conduct of the opposite party in terms of Section 4 of the Act. An announcement made in the newspapers as a public notice is merely a (...)

The EFTA Surveillance Authority discontinues investigation into abuse of dominance by a Norwegian airline company (Widerøe)
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
Competition: ESA discontinues Widerøe investigation* The EFTA Surveillance Authority (ESA) has discontinued an investigation regarding suspected breaches of the competition rules in the EEA Agreement. In 2016, ESA opened a formal investigation into whether Widerøe’s Flyveselskap AS (...)

The South African Competition Tribunal publishes its written reasons to penalize a pharmaceutical chain for excessive pricing (Dis-Chem)
ICC FraudNet (Johannesburg)
South Africa 7 contributions 4011 visits
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Primerio (Johannesburg)
South Africa 22 contributions 5628 visits
South Africa’s Second Price Gouging Case: Dis-Chem Penalised For Excessive Pricing re Face Masks* On 14 July 2020, the South African Competition Tribunal published its written reasons in relation to its decision to penalize Dis-Chem (a large pharmaceutical chain in South Africa) for (...)

Mergers

 The EU Commission clears a merger subject to conditions in the global rail transportation market (Alstom / Bombardier)
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813821 visites
Mergers: Commission clears Alstom’s acquisition of Bombardier, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Bombardier Transportation by Alstom. The approval is conditional on full compliance with a commitments package (...)

The US DoJ clears merger of major financial trading platform and major financial data provider (Refinitiv / London Stock Exchange Group)
US Department of Justice (Washington)
United States 176 contributions 74195 visits
Statement of the Department of Justice Antitrust Division on the Closing of Its Investigation of London Stock Exchange Group and Refinitiv* Assistant Attorney General Makan Delrahim of the Antitrust Division of the U.S. Department of Justice issued the following statement today in connection (...)

The EU Commission conditionally clears a merger between global companies active in the rail transportation market (Alstom / Bombardier)
Van Bael & Bellis (Brussels)
Belgium 38 contributions 9429 visits
On 31 July 2020, the European Commission (the “Commission”) announced its conditional clearance of Alstom’s acquisition of Bombardier Transportation. Both the target, a German subsidiary of Canadian Bombardier Inc., and the French acquirer, Alstom, are global companies active in rail (...)

The Polish Competition Authority fines a gas industry company for refusal to provide the information requested during merger investigation (Gazprom / Nord Stream 2)
Bird & Bird (Warsaw)
Poland 5 contributions 1173 visits
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RTB House (Warsaw)
2 contributions 483 visits
By the decision of 29 July 2020 (No. DKK-141/2020) the Polish Competition Authority (“PCA”) imposed a fine of PLN 223,925,000 (EUR 50 million) on PJSC “Gazprom” for failing to comply with the request for information circulated in the course of merger control proceedings. This is the highest (...)

The German Competition Authority clears a joint venture between two German newspapers in the printed advertisement sector (Süddeutsche Zeitung / Frankfurter Allgemeine Zeitung)
German Competition Authority (Bonn)
Allemagne 447 contributions 113565 visites
Joint marketing of advertising space - Süddeutsche Zeitung and Frankfurter Allgemeine Zeitung can establish a joint venture, but the examination of the cooperation under antitrust law is still ongoing* After examining the project under merger control law the Bundeskartellamt has cleared the (...)

The Cypriot Competition Authority receives a notification of concentration in the dairy sector (DeLaval / Avon Rubber)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8437 visits
Notification of a concentration concerning the acquisition by DeLaval Holding BV of the share capital of subsidiaries of Avon Rubber p.l.c., which constitute its dairy business* The Service of the Commission for the Protection of Competition has received a notification of a concentration by (...)

The New Zealand Competition Authority receives a merger clearance application for egg production and wholesale supply operations (Heyden Farms / Henergy Cage-Free / Rasmusens Poultry Farms)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23600 visits
Heyden Farms, Henergy Cage-Free, Rasmusens Poultry Farms seek clearance to merge egg production operations* The Commerce Commission has received a clearance application from Heyden Farms Limited, Henergy Cage-Free Limited and Rasmusens Poultry Farms Limited seeking clearance to merge their (...)

The French Competition Authority clears, subject to conditions, the merger of two companies in the chemical pathology sector (Dyomedea-Neolab / Biogroup)
Autorité de la concurrence (Paris)
France 741 contributions 394283 visites
Chemical pathology laboratories: the Autorité clears, subject to conditions, the take-over of Dyomedea-Neolab Group by Biogroup Group* Parties to the transaction Biogroup Group is active in the chemical pathology sector, with laboratories located at over 550 sites across the country. (...)

The French Competition Authority clears an acquisition in the alcohol-free soft drink production and bottling markets (Refresh / Fruité company)
Autorité de la concurrence (Paris)
France 741 contributions 394283 visites
The Autorité de la concurrence clears the sole control acquisition of the assets of the Fruité company and its subsidiaries Unisource and Bric Fruit by Refresco (Saint Alban and Sun)* On 10 June 2020, Refresco France notified the Autorité de la concurrence of its plan to acquire sole (...)

The Romanian Competition Authority authorizes the set up of a joint-venture in the agricultural sector (Al Dahra Agriculture / OCP)
Romanian Competition Council (Bucharest)
Romania 158 contributions 27639 visits
The Competition Council authorized the set up of a joint venture company by Al Dahra Agriculture LLC, United Arab Emirates and OCP s.a. Morocco* The Competition Council authorized the set up of a joint venture company by Al Dahra Agriculture LLC, United Arab Emirates and OCP S.A., Morocco. (...)

The New Zealand Competition Authority opens investigation into the merger of two refrigeration equipments distributors (Beijer / Heatcraft New Zealand)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23600 visits
Investigation opened into Beijer’s acquisition of Heatcraft NZ and acquisition of rights to apply for HFC import permits* The Commerce Commission has opened an investigation into Beijer Ref AB’s 2018 acquisition of Heatcraft New Zealand Limited, and its 2019 acquisition (via its subsidiary (...)

The Indian Competition Authority clears a merger between multiple national port operators (Adani Ports / Krishanapatnam Engineering)
Vahura (New Delhi)
India 59 contributions 5461 visits
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Samvad Partners (Mumbai)
76 contributions 7125 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10218 visits
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Adani Ports and Special Economic Zones Ltd. (“Adani Ports”) is a private sector port operator, currently having presence in six maritime states in India viz. Gujarat, Goa, Kerala, Andhra Pradesh, Tamil Nadu and Odisha through 10 ports, where it provides (i) full marine services including (...)

The French Competition Authority releases vertical merger guidelines
Bird & Bird (Paris)
France 23 contributions 3204 visits
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Huawei Technologies (Boulogne-Billancourt)
France 12 contributions 2704 visits
The French Competition Authority (FCA) recently published its new merger control guidelines which came into force on 23 July 2020 and replaced the previous ones adopted back in 2013. The adoption of these new guidelines follows a series of public consultations (the last one took place at the (...)

The French Competition Authority publishes its revised guidelines regarding merger control
Autorité de la concurrence (Paris)
France 741 contributions 394283 visites
The Autorité de la concurrence publishes its new guidelines regarding merger control* Since autumn 2017, the Autorité has been deeply involved in the modernisation and simplification of merger control. On 20 April 2019, a decree simplifying the procedure for notifying a merger to the (...)

The French Competition Authority updates its merger control guidelines
Latham & Watkins (Brussels)
Belgium 8 contributions 2650 visits
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Latham & Watkins (Paris)
France 1 contribution 122 visits
New French Competition Authority Merger Control Guidelines* On 23 July 2020, the French Competition Authority (FCA or Authority) published new merger control guidelines, which replace the previous guidelines dated 4 July 2013. In the new guidelines, the Authority clarifies and completes (i) (...)

The Israeli Competition Authority approves under remedies the merger of two building material companies (Çimsa / Cemex)
Israel Competition Authority (Jerusalem)
Israel 17 contributions 2102 visits
The Competition Commissioner has Approved under Remedies the International Merger between Çimsa and Cemex, for the Acquisition of a White Cement Factory in Spain* Under the remedies, Cemex’s operations in Israel will not be sold to Çimsa, and Cemex will be required to start selling white (...)

The Irish Competition Authority carries out a phase 2 investigation in the merger of two IT service management companies (Link / Pepper)
Irish Competition Authority (Dublin)
Irlande 102 contributions 16038 visites
CCPC to carry out a phase 2 investigation of Link Group/Pepper merger* The Competition and Consumer Protection Commission (CCPC) has decided to carry out a full (Phase 2) investigation into the proposed acquisition by Link Group Administration Limited (“Link”) of sole control of Pepper (...)

The UK Government gives further powers to the Competition Authority to review mergers in strategically important sectors
Bird & Bird (London)
United Kingdom 28 contributions 3396 visits
The UK government has given the Competition and Markets Authority (CMA) further powers to review mergers in strategically important sectors. These steps include making changes to the Enterprise Act 2002 (Enterprise Act) to provide the government with extended powers to scrutinise foreign (...)

The UK Government lowers the notification thresholds of merger control relevant to national security and issues new powers of investigations
Morgan Lewis (London)
United Kingdom 8 contributions 1614 visits
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Morgan Lewis (London)
United Kingdom 26 contributions 9847 visits
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Morgan Lewis (London)
United States 13 contributions 5630 visits
The UK government passed reforms on 21 July 2020 lowering the thresholds to intervene in mergers and acquisitions considered relevant to UK national security in the artificial intelligence, cryptographic authentication, and advanced materials sectors. Longer term the UK government is planning (...)

The UK Government lowers the merger notification threshold for specific sectors including artificial intelligence, cryptographic authentication and advanced materials
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 13 contributions 3331 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 8 contributions 3080 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 19 contributions 21333 visits
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On 21 July 2020, the Enterprise Act 2002 (Share of Supply) (Amendment) Order 2020 and the Enterprise Act 2002 (Turnover Test) (Amendment) Order 2020 came into force. Both Orders amend the jurisdictional thresholds for mergers in certain sectors. Under the new rules, the thresholds have been (...)

The UK Government lowers the notification thresholds of merger control and issues guidance on these changes
Ashurst (London)
United Kingdom 14 contributions 2455 visits
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Ashurst (London)
United Kingdom 18 contributions 6212 visits
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ADNOC Group (Abu Dhabi)
United Kingdom 29 contributions 5360 visits
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Lower notification thresholds under UK merger control for certain additional sectors impacting national security entered into force on 21 July. The lower thresholds now cover transactions related to the development, production, supply or research of: artificial intelligence (new) cryptographic (...)

The Mexican Competition Authority imposes fine for failure to notify a concentration in the energy sector and authorises the transaction (BAS Corporation / ESZ KI / ESZ KII / EXI Solar)
Mexican Competition Authority (Mexico City)
Mexique 134 contributions 25959 visites
COFECE sanctions BAS Projects Corporation, ESZ KI, ESZ KII, and EXI Solar for failing to notify a concentration and authorizes the transaction* Imposes fines totaling to 977 thousand Mexican pesos. Authorizes the concentration considering that the operation does not pose risks to the (...)

The French Competition Authority clears merger in the medical biology sector, subject to conditions (Laborizon / Biogroup)
Autorité de la concurrence (Paris)
France 741 contributions 394283 visites
Medical biology laboratories: the Autorité clears, subject to certain conditions, the acquisition of the Laborizon group by the Biogroup group* Parties to the transaction Biogroup is active in the medical biology sector, with laboratories distributed over more than 550 sites, throughout (...)

The Spanish Competition Authority agrees to extend the remedies agreed as part of the pay-TV merger authorisation for 3 years (Telefónica / DTS)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30043 visits
The CNMC agrees to extend for three years the remedies agreed as part of the merger authorisation between Telefónica and DTS in 2015* All the remedies are maintained for the maximum period of three years, save for the one involving the purchase of exclusive broadcast rights in Spain for (...)

The Austrian Competition Authority publishes position paper on the macroeconomic effects of "shutdown mergers" in the context of the COVID-19 crisis
Austrian Competition Authority (Vienna)
Austria 63 contributions 7161 visits
AFCA publishes position paper on the Macroeconomic Effects of Mergers in the Context of the COVID-19 Crisis - "Shutdown Mergers"* The position paper aims to facilitate notifications of Shutdown Mergers. The COVID-19 pandemic and the restrictions put in place to deal with it have triggered (...)

The UK Competition Authority provisionally finds in Phase II investigation that customers could lose out in merger between window blind companies (Hunter Douglas / 247 Home Furnishings)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 384 contributions 95253 visites
Customers could lose out in merger between window blind companies* The CMA has provisionally found that Hunter Douglas’ purchase of 247 Home Furnishings Ltd raises competition concerns. Hunter Douglas is a leading global supplier of blinds and other window coverings, which generated global (...)

The US FTC requires global suppliers of animal health products to divest assets in 3 product markets as a condition for merger clearance (Elanco / Bayer)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40096 visits
FTC Requires Global Suppliers of Animal Health Products Elanco Animal Health, Inc. and Bayer Animal Health GmbH to Divest Assets in Three Product Markets, as a Condition of Merger* The Federal Trade Commission will require global suppliers of animal products, Elanco Animal Health, Inc. and (...)

The Italian Competition Authority clears a voluntary all-inclusive public exchange offer between banking groups, subject to higher structural remedies than originally offered (Ubi Banca / Intesa Sanpaolo)
Italian Competition Authority (Rome)
Italy 69 contributions 18280 visits
C12287 - ICA: acquisition of Ubi Banca by Intesa Sanpaolo authorised with conditions* The Italian Competition Authority authorised with conditions the acquisition of control of Ubi Banca S.p.A. by Intesa Sanpaolo S.p.A. (hereinafter also ‘ISP’) The Authority noted that the merger (...)

The EU Commission clears an oil and gas merger after a Phase II investigation (PKN Orlen / Lotos)
Van Bael & Bellis (Brussels)
Belgium 38 contributions 9429 visits
On 14 July 2020, the European Commission (the “Commis‐ sion”) conditionally approved PKN Orlen’s acquisition of rival Grupa Lotos (“Lotos”) after a Phase II investigation. The parties are large Polish oil and gas companies active in Poland and in a number of other Central European, East‐ ern (...)

The EU Commission conditionally clears a merger of Polish integrated oil & gas companies active in many Central & Eastern European and Baltic countries, subject to conditions (Lotos / PKN Orlen)
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813821 visites
Mergers: Commission clears Lotos’ acquisition by PKN Orlen, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Grupa Lotos by PKN Orlen. The approval is conditional on full compliance with a commitments package offered by PKN (...)

The Canadian Competition Authority clears a merger in animal healthcare, subject to structural conditions (Elanco Animal Health / Bayer Animal Health)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10513 visits
Competition Bureau resolves concerns related to Elanco’s acquisition of Bayer Animal Health* The Competition Bureau announced today that it has entered into a consent agreement with Elanco Animal Health Incorporated (Elanco) to address concerns related to the company’s proposed acquisition (...)

The Italian Competition Authority authorizes a banking merger subject to divesting over 500 bank counters (Intesa Sanpaolo / UBI Banca)
Municipality of Cagliari
166 contributions 132898 visites
By a decision issued on 14 July 2020, the Italian Competition Authority (ICA) has conditionally cleared the acquisition of UBI Banca (UBI) by Intesa SanPaolo (ISP) in the banking sector. Applying the dominance test in Article 6 of the Law no. 287/1990, the ICA reached the conclusion that the (...)

The Dutch Competition Authority opens investigation into merger of tour operators (Corendon / Sunweb)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34946 visits
Acquisition of Corendon by Sunweb requires further investigation* A further investigation is needed into the effects that the acquisition of Dutch tour operator Corendon by rival operator Sunweb will have on competition. Sunweb therefore cannot yet acquire Corendon. That is what the (...)

The French Competition Authority clears without conditions the acquisition of sole control in producer of metal parts for luxury companies by major luxury group (J3L / Hermès Group)
Autorité de la concurrence (Paris)
France 741 contributions 394283 visites
The Autorité de la concurrence clears the acquisition of sole control of J3L by the Hermès group* The Hermès group notified the Autorité de la concurrence of its plan to acquire sole control of the J3L company. After examining the effects of the transaction, the Autorité has cleared it (...)

The German Competition Authority clears the merger of transport companies providing transport of goods by inland waterway vessel with no conditions because the market is characterised by overcapacities (Rhenus / Deutsche Binnenreederei)
German Competition Authority (Bonn)
Allemagne 447 contributions 113565 visites
Rhenus can take over Deutsche Binnenreederei* The Bundeskartellamt has cleared the planned acquisition of Deutsche Binnenreederei AG, Berlin, by Rhenus SE & Co. KG, Holzwickede. The main business of Deutsche Binnenreederei is the transport of goods by inland waterway vessel, especially (...)

The German Competition Authority opens in-depth investigation of merger between major food retailers (Real / Kaufland)
German Competition Authority (Bonn)
Allemagne 447 contributions 113565 visites
Second phase review initiated with regard to Kaufland’s acquisition of Real stores* The Bundeskartellamt has today initiated an in-depth examination (also referred to as a second phase review) in the context of Kaufland GmbH & Co. KG’s (Kaufland) planned acquisition of up to 101 Real (...)

The Australian Competition Authority clears animal health business merger subject to divestments (Elanco Animal Health / Bayer Animal Health)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82261 visits
Elanco’s acquisition of Bayer’s animal health business not opposed* The ACCC will not oppose Elanco’s acquisition of Bayer AG’s animal health business, after Elanco provided a court-enforceable undertaking to divest four animal parasite treatment brands. The ACCC had concerns about the (...)

The Irish Competition Authority lets a merger between laundry businesses serving healthcare providers go into effect after having found they fulfilled all required commitments (Berendsen / Kings Laundry)
Irish Competition Authority (Dublin)
Irlande 102 contributions 16038 visites
Berendsen/Kings Laundry merger update* On 8 July 2019, the Competition and Consumer Protection Commission (CCPC) cleared, subject to a number of legally binding commitments, the proposed acquisition of sole control of Kings Laundry Limited (Kings Laundry) by Berendsen Ireland Limited (...)

The German Competition Authority clears merger of online dating platforms within the merger of their holding companies (Parship / Elite Partner / Lovoo)
German Competition Authority (Bonn)
Allemagne 447 contributions 113565 visites
Parship and Elite Partner can acquire Lovoo* The Bundeskartellamt has cleared the planned acquisition of The Meet Group Inc., USA, by the ProSiebenSat.1 group. Since 2016 the portfolio of the ProSieben Sat.1 group has included the online dating platforms Parship and Elite Partner. The Meet (...)

The German Competition Authority clears an acquisition of dating platforms on the basis that online dating market is characterised by dynamic growth, market entries and competition (Parship / Elite Partner / Lovoo)
Bird & Bird (Dusseldorf)
Germany 12 contributions 2010 visits
The ProSiebenSat.1 Group strengthens its Internet dating platform business with the acquisition of the US app developer Meet Group. Although the Federal Cartel Office (FCO) found, that the acquisition will lead to further concentration in the online dating sector, the FCO, however cleared the (...)

The EU Commission unconditionally clears a merger between global suppliers of optical sensors and optical semiconductors (AMS / OSRAM)
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813821 visites
Mergers: Commission clears AMS’ acquisition of OSRAM* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of OSRAM by AMS. The Commission concluded that the transaction would raise no competition concerns in the European Economic (...)

The US FTC issues a $3.5M fine on a retail fuel station operator and its affiliate for violation of a settlement agreement requiring the divesture of 10 retail gas stations (Alimentation Couche-Tard / CrossAmerica Partners)
McDermott Will & Emery (Washington)
United States 36 contributions 5927 visits
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McDermott Will & Emery (Washington)
United States 13 contributions 2774 visits
The US Federal Trade Commission (FTC) recently extracted a $3.5 million civil penalty from two companies involved in a gas station merger. The FTC asserts the companies violated their settlement agreement with the government, which required the divestment of 10 gas stations within 120 days (...)

The US FTC fines retail fuel station operator and its affiliate for failing to divest 10 retail gas stations as required by earlier order (Alimentation Couche-Tard / CrossAmerica Partners)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40096 visits
Alimentation Couche-Tard Inc. and CrossAmerica Partners LP Agree to Pay $3.5 Million Civil Penalty to Settle FTC Allegations that they Violated 2018 Order* Retail fuel station and convenience store operator Alimentation Couche-Tard Inc. (“ACT”) and its former affiliate, CrossAmerica Partners (...)

The Austrian Competition Authority files a request for examination in connection with the merger affecting markets for digital imaging and healthcare IT (Fujifilm / FujiFilm Healthcare)
Austrian Competition Authority (Vienna)
Austria 63 contributions 7161 visits
AFCA files request for examination with Cartel Court in connection with the Fujifilm Corporation/FujiFilm Healthcare Corporation merger* AFCA filed request for examination with Cartel Court on 1 July 2020. On 22 May 2020 the Austrian Federal Competition Authority (AFCA) was notified of the (...)

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)
France 741 contributions 394283 visites
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 the merger of telecom operator on closing the agreed divestiture with a satellite TV company (T-Mobile / Dish / Boost)
US Department of Justice (Washington)
United States 176 contributions 74195 visits
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 (...)

State Aid

 The EFTA Surveillance Authority approves Norwegian aid to the national airport operator due to the COVID-19 pandemic (TORP Sandefjord Airport)
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
COVID-19 Pandemic: ESA approves Norwegian aid to TORP Sandefjord Airport* The EFTA Surveillance Authority (ESA) has approved aid to the operator of TORP Sandefjord Airport in Norway to cover some of the losses caused by the COVID-19 containment measures. The aviation sector in Norway, both (...)

The EU Commission approves €6 billion Italian schemes to support SMEs affected by COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813821 visites
State aid: Commission approves €6 billion Italian schemes to support SMEs affected by coronavirus outbreak* The European Commission has approved three Italian schemes, with an overall budget of €6 billion, mainly consisting of incentives to the recapitalisation by private investors of small (...)

The EU Commission approves €10 billion Spanish funds to provide debt and capital support to companies affected by the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813821 visites
State aid: Commission approves €10 billion Spanish fund to provide debt and capital support to companies affected by the coronavirus outbreak* The European Commission has approved Spanish plans to set up a fund (Solvency Support Fund) with a budget of €10 billion that will invest through (...)

The EU Commission approves €840 million German guarantee scheme to protect consumers and support the travel industry in the context of the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813821 visites
State aid: Commission approves €840 million German guarantee scheme to protect consumers and support the travel industry in the context of the coronavirus outbreak* The European Commission has approved, under EU State aid rules, a German State guarantee scheme worth €840 million to cover (...)

The EFTA Surveillance Authority approves the prolongation of Norway’s financing for the flagship carbon capture testing facility (Technology Centre Mongstad)
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
State Aid: ESA approves financing prolongation for Mongstad CCS Project* The EFTA Surveillance Authority (ESA) has today approved a prolongation of Norway’s financing for the flagship carbon capture testing facility established in Mongstad (the TCM). The TCM will receive financing for a (...)

The EFTA Surveillance Authority approves Norwegian aid to national airport due to the COVID-19 pandemic (Haugesund Airport)
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
COVID-19 Pandemic: ESA approves Norwegian aid to Haugesund Airport* The EFTA Surveillance Authority (ESA) has approved aid to Haugesund Airport, Karmøy (HAU) in Norway to cover losses caused by the COVID-19 containment measures. The aviation sector in Norway, both domestic and (...)

The EU Commission approves €866 million Czech scheme to support businesses affected by the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813821 visites
State aid: Commission approves € 866 million Czech scheme to support businesses affected by coronavirus outbreak* The European Commission has approved a CZK 22.9 billion (approximately € 866 million) Czech wage subsidy scheme providing support to enterprises affected by the coronavirus (...)

The EU Commission approves €2.6 billion Polish scheme to support companies affected by the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813821 visites
State aid: Commission approves €2.6 billion Polish scheme to support companies affected by coronavirus outbreak* The European Commission has approved a €2.6 billion (PLN 11.5 billion) Polish scheme to support companies affected by the coronavirus outbreak. The scheme was approved under the (...)

The EU Commission launches a public consultation inviting comments on the revised EU guidelines on regional State aid
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813821 visites
State aid: Commission invites stakeholders to provide comments on revised Regional Aid Guidelines* The European Commission has launched today a public consultation inviting all interested parties to comment on draft revised EU guidelines on regional State aid (the “Regional Aid (...)

The EFTA Surveillance Authority approves temporary Norwegian rules on asset depreciation due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
COVID-19 Pandemic: ESA approves temporary Norwegian rules on asset depreciation* The EFTA Surveillance Authority (ESA) has today approved a measure by the Norwegian government to stimulate liquidity for businesses by allowing an increased initial depreciation rate for investments in assets (...)

The EFTA Surveillance Authority approves a compensation scheme for bus and passenger boat services in Norway due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
COVID-19 Pandemic: ESA approves compensation scheme for bus and passenger boat services in Norway* The EFTA Surveillance Authority (ESA) has approved a scheme that will compensate undertakings offering commercial, year round, long-distance bus and boat services for losses incurred on (...)

The EU Commission approves a scheme to support electricity production from renewable sources in Ireland
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813821 visites
State aid: Commission approves support for production of electricity from renewable sources in Ireland* The European Commission has approved, under EU State aid rules, a scheme to support electricity production from renewable sources in Ireland. The measure will contribute to the EU (...)

The EFTA Surveillance Authority approves the largest single State aid award it has ever approved by allowing the Norwegian Carbon Capture and Storage project
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
ESA approves Norwegian Full-Scale Carbon Capture and Storage: up to €2.1bn in aid to meet climate goals* The CCS Full-Scale project is a central part of Norway’s efforts to reduce its carbon footprint and meet the European goal of climate-neutrality by 2050. It is the largest single state (...)

The EFTA Surveillance Authority greenlights amendments and prolongation of Norwegian schemes compensating losses for sport, voluntary and cultural events due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
COVID-19 Pandemic: ESA greenlights amendments and prolongation of schemes compensating losses for sport, voluntary and cultural events* The EFTA Surveillance Authority (ESA) has approved amendments and prolongation of two schemes for organisers in the culture, sports and voluntary sector in (...)

The EU General Court annuls the Commission’s decision that Ireland had granted illegal State aid of at least €13 billion (Apple)
Oxera (London)
United Kingdom 1 contribution 115 visits
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Oxera (Brussels)
Belgium 13 contributions 13178 visits
In July 2020, the EU General Court annulled the European Commission’s decision that Ireland had granted illegal state aid of at least €13bn to Apple through two tax rulings. The General Court’s judgment in the Apple case was one of the most keenly awaited judgments in the area of state aid. (...)

The EU General Court strikes down the Commission’s decision ordering Ireland to recover €13B from a Big Tech company for illegal State aid (Apple)
European Commission - DG COMP (Brussels)
Belgium 1 contribution 264 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 1 contribution 264 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 30 contributions 32037 visits
On July 15, 2020, the European Union’s second- highest court, the General Court (the “Court”), annulled the 2016 decision of the European Commission (the “Commission”) ordering Ireland to recover €13 billion (€14.3 billion with interest) in back-taxes from Apple which the Commission considered (...)

The EU General Court annuls the Commission’s decision for failure to prove up to the requisite legal standard that the tax rulings entails a selective advantage (Apple)
Cruz Vilaça Advogados (Lisbon)
Portugal 4 contributions 2611 visits
On 15 July the General Court (‘GC’) delivered its judgment concerning the appeals lodged by Ireland, on the one hand, and Apple Sales International (‘ASI’) and Apple Operations Europe (‘AOE’) (together, ‘Apple’), on the other, against a Commission decision finding the Irish tax rulings granted (...)

The EU General Court quashes a €13 billion tax ruling fine on a Big Tech company (Apple) Free
Free University of Brussels (ULB)
Belgium 17 contributions 29404 visits
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Ashurst (Brussels)
Belgium 37 contributions 8987 visits
€13 billion Apple tax recovery decision quashed On 15 July 2020, the EU General Court ("GC") handed down its much awaited judgment in the Apple case. It overturned the European Commission’s ("Commission") decision ordering Ireland to recover EUR 13 billion (plus interests) in illegal State (...)

The EU General Court annuls the Commission’s decision regarding the Irish tax rulings in favor of a Big Tech company (Apple)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 29519 visits
The General Court of the European Union annuls the decision taken by the Commission regarding the Irish tax rulings in favour of Apple* The General Court annuls the contested decision because the Commission did not succeed in showing to the requisite legal standard that there was an (...)

The EU General Court overturns the Commission’s biggest State aid recovery order worth over €13 billion in tax advantages (Apple)
National and Kapodistrian University of Athens
Greece 6 contributions 1539 visits
Apple: One Case to Rule Them All* Some cases just have it all; the Apple case is one of them. First, size: at more than thirteen billion euros, the recovery order Ireland had to enforce dwarfed the previously biggest one (EDF, at around one billion euros). Second, international political (...)

The EU General Court annuls the Commission’s decision concerning the tax rulings in favor of a Big Tech company (Apple)
Van Bael & Bellis (Brussels)
Belgium 153 contributions 33909 visits
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Hogan Lovells (Brussels)
Belgium 37 contributions 6289 visits
On 15 July 2020, the General Court (the “GC”) annulled the European Commission’s (the “Commission”) decision of 30 August 2016 concerning tax rulings adopted by the Irish authorities in relation to two companies forming part of the Apple Group (the “Contested Decision”). The Contested (...)

The EFTA Surveillance Authority prolongs and amends 6 sets of state aid guidelines to guarantee legal certainty in light of the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
State Aid: ESA prolongs and amends guidelines* Today, the EFTA Surveillance Authority (ESA) has decided to prolong six sets of state aid guidelines that were due to expire at the end of 2020. The decision, which mirrors that taken by the European Commission on 2 July 2020, is designed to (...)

The EU Commission recommends Member States to not grant financial support to companies with links to tax havens
Van Bael & Bellis (Brussels)
Belgium 153 contributions 33909 visits
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Hogan Lovells (Brussels)
Belgium 37 contributions 6289 visits
On 14 July 2020, the European Commission (the “Commission”) issued a Recommendation to Member States not to grant financial support to companies with links to countries that are on the EU’s list of non-cooperative tax jurisdictions. According to the Recommendation, restrictions should also (...)

The EU Commission recommends that Members States not grant financial support, including State aid, to companies with links to tax havens, especially in the context of the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813737 visites
State Aid: Commission recommends not granting financial support to companies with links to tax havens* The European Commission has today recommended that Member States do not grant financial support to companies with links to countries that are on the EU’s list of non-cooperative tax (...)

The EU Commission approves Dutch plans to provide €3.4 billion in urgent liquidity support to national airline due to the COVID-19 outbreak (KLM)
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813737 visites
State aid: Commission approves Dutch plans to provide €3.4 billion in urgent liquidity support to KLM* The European Commission has approved, under EU State aid rules, a €3.4 billion Dutch aid measure consisting of a State guarantee on loans and a subordinated State loan to KLM to provide (...)

The EFTA Surveillance Authority approves amended Norwegian guarantee scheme for airlines due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
COVID-19 Pandemic: ESA approves amended Norwegian guarantee scheme for airlines* The EFTA Surveillance Authority (ESA) has approved a renewal and amendments of the scheme that will make it feasible for more airline operators to access guarantees to help them through the current crisis. (...)

The EFTA Surveillance Authority approves grant scheme for the private media sector in Iceland due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
COVID-19 Pandemic: ESA approves grant scheme for the private media sector in Iceland* The EFTA Surveillance Authority (ESA) has approved a scheme that will offer direct grants to private media entities in Iceland to support the media sector in the ongoing pandemic. Since the outbreak of (...)

The EFTA Surveillance Authority approves amendments to Norway’s seafarer tax refund scheme due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
COVID-19 Pandemic: ESA approves amendments to Norway’s seafarer tax refund scheme* The EFTA Surveillance Authority (ESA) has greenlighted amendments to a Norwegian aid scheme granting tax and social security contribution refunds to shipping companies in Norway. The amendments lift refund (...)

The EU Commission approves €6.2 billion Italian grants scheme to support small businesses and self-employed affected by COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813737 visites
State aid: Commission approves €6.2 billion Italian grants scheme to support small businesses and self-employed affected by coronavirus outbreak* The European Commission has approved a €6.2 billion Italian scheme to support small businesses and self-employed affected by the coronavirus (...)

The EU Commission starts a process to revise Guidelines on State aid for environmental protection and energy
Baker Botts (Brussels)
Belgium 27 contributions 19977 visits
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University of Tilburg
Belgium 14 contributions 13600 visits
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Baker Botts (Brussels)
Belgium 7 contributions 9665 visits
The European Commission (Commission) recently announced a further step towards its forthcoming review of the State Aid Guidelines for Environmental Protection and Energy (EEAG). These guidelines, that were first adopted in 2014, are a major tool for the Commission to manage how its 27 Member (...)

The EU Commission approves German fund to enable up to €500 billion of liquidity and capital support to enterprises affected by the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813737 visites
State aid: Commission approves German fund to enable up to €500 billion of liquidity and capital support to enterprises affected by the coronavirus outbreak* The European Commission has approved German plans to set up a fund with a budget of up to €500 billion for providing guarantees and (...)

The EFTA Surveillance Authority approves compensation scheme for the media sector in Norway due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
COVID-19 Pandemic: ESA approves compensation scheme for the media sector in Norway* ESA has approved a scheme that will compensate undertakings in the Norwegian media sector for losses in turnover caused by the COVID-19 outbreak. In the context of the COVID-19 pandemic, the Norwegian (...)

The EFTA Surveillance Authority approves Norwegian support to the tourism sector due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
COVID-19 Pandemic: ESA approves Norwegian support to tourism sector* Businesses in the tourism sector that have suffered significant losses due to the COVID-19 pandemic can now receive up to EUR 800 000 in direct grants from the Norwegian government. The Norwegian tourism sector provides (...)

The EU Commission approves €150 million Austrian subordinated loan to compensate a national airline company for damages suffered due to the COVID-19 pandemic (Austrian Airlines)
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813737 visites
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 (...)

The EU Commission approves Latvian fund to enable €100 million of liquidity and capital support to large enterprises affected by the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813737 visites
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 (...)

The EU Commission approves €250 million Latvian measure to recapitalise national airline company in the context of the COVID-19 outbreak (airBaltic)
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813737 visites
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 the COVID-19 outbreak
Van Bael & Bellis (Brussels)
Belgium 153 contributions 33909 visits
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Hogan Lovells (Brussels)
Belgium 37 contributions 6289 visits
On 2 July 2020, the European Commission (the “Commission”) announced the prolongation of several existing State aid rules which would have otherwise expired at the end of 2020, with the purpose of mitigating the impact of the coronavirus outbreak on companies. In particular: The following (...)

The EU Commission prolongs State aid rules and adopts targeted adjustments to mitigate the impact of the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813737 visites
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 (...)

The EFTA Surveillance Authority greenlights Icelandic travel guarantee fund due to the COVID-19 pandemic
EFTA Surveillance Authority (Brussels)
Belgium 137 contributions 27933 visits
COVID-19 Pandemic: ESA greenlights Icelandic travel guarantee fund* The EFTA Surveillance Authority (ESA) has approved an Icelandic scheme that provides subsidised loans for package travel traders. The tourism and package travel sector in Iceland is experiencing financial difficulties due (...)

The EU Commission approves €46.5 million Hungarian investment aid for a chemical company’s new lithium-ion battery separator film plant (Toray)
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813737 visites
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 (...)

Procedures

 The EU Commission adopts a formal decision that the UK will not be treated as an EU Member State for FDI regulation purposes
Covington & Burling (London)
United Kingdom 11 contributions 2433 visits
The EU Regulation on Foreign Direct Investment (2019/452) (the “EU FDI Regulation”) will enter into force fully on October 11, 2020. Most notably, on this date, a cooperation and information sharing mechanism among Member States and the European Commission in respect of foreign direct (...)

The Lithuanian Competition Authority updates rules on fines and adopts rules on cooperation with EU counterparts
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20099 visits
Lithuanian Competition Authority updates rules on immunity from fines or their reduction and adopts rules on cooperation with EU counterparts* In relation to the amendments to the Law on Competition adopted by the Seimas, today the Lithuanian competition authority Konkurencijos taryba has (...)

The Peruvian Competition Authority publishes its dawn raid guidelines
Peruvian Competition Authority - INDECOPI (Lima)
Peru 8 contributions 1926 visits
Indecopi publishes its Dawn Raids Guidelines, to establish the scope of these investigation actions that allow the detection of anticompetitive conducts* The Guidelines describe the main characteristics of dawn raids carried out during investigations in competition matters. Its publication (...)

The Indian Central Board of Direct Taxes authorizes income tax authorities to share information with the Competition Authority
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8380 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10218 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10284 visits
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On July 30, 2020, the Central Board for Direct Tax (“CBDT”) amended notification S.O. No. 731 (E), originally issued on July 28, 2000, which specifies the terms and conditions for the disclosure of information to any officer, authority or body in regards with imposition of any tax, cess or (...)

The Indian Central Board of Direct Taxes specifies that the Competition Authority’s Director General and Secretary are eligible to obtain information on case parties from income tax authorities when needed
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18384 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20409 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19309 visits
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The Central Board of Direct Taxes has specified the Director General (DG)/Secretary of the CCI as persons to whom relevant information may be given by specified income-tax authorities. [1] Such information must be relevant and precise and may be supplied only where it is necessary to enable (...)

The Egyptian Competition Authority publishes guidelines for obtaining amnesty or leniency from criminal prosecution for antitrust cartel violations
White & Case (Washington)
United States 50 contributions 27655 visits
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White & Case (Washington)
United States 9 contributions 3818 visits
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White & Case (Cairo)
Egypt 2 contributions 755 visits
The Egyptian Competition Authority recently published the first Egyptian guidelines on the process for obtaining amnesty or leniency from criminal prosecution for antitrust cartel violations, signaling the agency’s intent to activate this tool in future enforcement activities. The guidelines (...)

The EU Commission provides helpful guidance to national judges on the disclosure of confidential information in competition law private enforcement cases
Bocconi University (Milan)
Italy 11 contributions 4079 visits
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Hogan Lovells (Milan)
Italy 1 contribution 215 visits
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Hogan Lovells (Milan)
Italy 4 contributions 1354 visits
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On 20 July 2020 the European Commission has adopted a non-binding Communication providing guidance to national judges on how to handle the disclosure of confidential information in proceedings for competition law private enforcement. The Communication, which contains a non-binding definition (...)

The EU Commission adopts Communication on the protection of confidential information in follow-on damages actions
European Court of Justice (Luxembourg)
Luxembourg 9 contributions 1942 visits
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Van Bael & Bellis (Brussels)
Belgium 11 contributions 5850 visits
On 20 July 2020, the European Commission (the “Commission”) adopted a communication on the protection of confidential information by national courts in follow-on damages proceedings (the “Communication”). The Damages Directive provides that national courts should have the ability to order (...)

The EU Commission adopts guidance for national courts when handling disclosure of confidential information in proceedings for the private enforcement of EU competition law
European Commission - DG COMP (Brussels)
Belgique 1336 contributions 2813821 visites
Antitrust: Commission adopts guidance for national courts when handling disclosure of confidential information* The European Commission has adopted a Communication on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition (...)

The EU Commission adopts guidance for national courts when handling disclosure of confidential information
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46119 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 3923 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22003 visits
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The European Commission has adopted a communication on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition law (Communication). The adoption follows a public consultation launched by the Commission last year inviting (...)

The German Federal Court of Justice remits beer cartel case for a new trial due to flawed assessment of causality and limitation period (Carlsberg)
Van Bael & Bellis (Brussels)
Belgium 24 contributions 4805 visits
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Van Bael & Bellis (Brussels)
Belgium 30 contributions 3976 visits
On 13 July 2020, the German Federal Court of Justice (“FCJ”) overturned an earlier judgment of the Higher Regional Court of Düsseldorf to terminate proceedings against the brewery Carlsberg and Carlsberg’s managing director for their role in the Beer cartel case. In 2014, the Federal Cartel (...)

The Paris Court of Appeal annuls dawn raids conducted by the Competition Authority to find evidence of an alleged price-fixing cartel in the domestic appliance sector (Whirlpool)
University of Paris I Panthéon-Sorbonne
France 396 contributions 454072 visits
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Addleshaw Goddard (Paris)
France 39 contributions 44058 visits
On 8 July 2020, the Paris Court of appeal ("the Court") annulled dawn raids conducted by the French Competition Authority ("the FCA") at Whirlpool’s premises in 2014. On 27 and 28 May 2014, the FCA raided Whirlpool’s premises to find evidence of an alleged price-fixing cartel in the domestic (...)

The UK Competition Authority publishes a third update on its COVID-19 taskforce
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 384 contributions 95253 visites
The CMA has published a third update from its COVID-19 taskforce, which monitors and responds to competition and consumer problems arising from the pandemic.* As part of the taskforce’s work, it has been asking the public for information about businesses behaving unfairly, for example (...)

The German Federal Court of Justice issues its decision in a landmark case regarding SEPs and their FRAND licensing (Sisvel / Haier)
McDermott Will & Emery (Dusseldorf)
Germany 3 contributions 777 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The German Federal Court of Justice (FCJ) has issued its decision in a landmark case regarding standard essential patents (SEPs) and fair, reasonable, and (...)

Regulatory

 The French Competition Authority develops new map proposals for the establishment of court bailiffs and judicial auctioneers taking into account the impact of the COVID-19 pandemic
Autorité de la concurrence (Paris)
France 741 contributions 394273 visites
The Autorité de la concurrence will develop new map proposals for the establishment of court bailiffs and judicial auctioneers* Its new recommendations will take account the short-, medium- and long-term impact of the Covid-19 pandemic on the activity of these two professions. Background (...)

The UK Competition Authority reaches its final price control determination on a dispute between the aviation regulator and air traffic control service provider without taking into account the effects of COVID-19 until they are more definitely known (Civil Aviation Authority / NERL)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 384 contributions 95253 visites
CMA final decision on air traffic control charges* The CMA has sent the CAA its final price control determination on a dispute between the aviation regulator and NERL regarding air traffic control charges. The Competition and Markets Authority (CMA) has acted as the independent body (...)

The French Government issues interim rules on certain foreign investments in response to COVID-19
Skadden, Arps, Slate, Meagher & Flom (Paris)
France 2 contributions 374 visits
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Paris Bar
France 2 contributions 374 visits
On July 23, 2020, the French government issued decree nº 2020-892 of July 22, 2020 (the Decree), and a ministerial order of the same date (together, the Interim Rules), which lowered the applicable threshold that triggers French foreign investment control for investments by non-European (...)

The French Government temporarily reduces the threshold for review of non-EU/EEA investments in French listed companies in the context of the COVID-19 pandemic
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 30 contributions 32037 visits
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Cleary Gottlieb Steen & Hamilton (Paris)
France 14 contributions 11300 visits
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Cleary Gottlieb Steen & Hamilton (Paris)
France 5 contributions 1791 visits
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On July 23, 2020, the French Government published a Decree and a Ministerial Order to temporarily reduce the threshold for review of nonEU/EEA investments in French listed companies in the context of the COVID-19 pandemic. As explained by the French Minister for the Economy, “[w]hile most (...)

The German Government further tightens its national foreign direct investment screening regime and introduces sanction mechanisms for non-compliance
Morgan Lewis (Frankfurt)
Germany 8 contributions 2902 visits
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Morgan Lewis (Frankfurt)
Germany 4 contributions 1469 visits
The updated German Foreign Trade and Payments Act enters into effect on July 17 and is the second of three major steps planned for 2020 to reform Germany’s foreign direct investment regime. The updated German Foreign Trade and Payments Act (Außenwirtschaftsgesetz (AWG)) includes the (...)

The Romanian Competition Authority recommends relaxation of conditions for registering the mortgage notices in the national register for movable property publicity
Romanian Competition Council (Bucharest)
Romania 158 contributions 27639 visits
The Competition Council Recommends "relaxation” of Conditions for Registering the Mortgage Notices in the National Register for Movable Property Publicity* Following a sector inquiry, the Competition Council found that certain conditions of accessing the market for mortgage registration (...)

The Indian Ministry of Electronics and Information Technology proposes a framework for regulating non-personal data
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8380 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10218 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10284 visits
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Even as the Personal Data Protection Bill (“PDP Bill”) continues to be analyzed by a joint parliamentary committee, in consultation with experts and stakeholders, an expert committee constituted by MeitY has recommended a framework for regulating NPD which involves the creation of a new (...)

The UK Competition Authority publishes its long-awaited final report of its online platforms and digital advertising market study
Hausfeld (London)
United Kingdom 5 contributions 1439 visits
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Hausfeld (London)
United Kingdom 11 contributions 1580 visits
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Hausfeld (London)
United Kingdom 8 contributions 1975 visits
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On 1 July 2020, the UK’s Competition and Markets Authority published its long-awaited final report of its online platforms and digital advertising market study (CMA Final Report). In so doing, it has confirmed what many have been saying for some time: serious competition concerns exist in this (...)

The UK Competition Authority releases a market study on online platforms and digital advertising
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8872 visits
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Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71639 visits
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Herbert Smith Freehills (Brussels)
Belgium 44 contributions 17602 visits
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In July 2020, the UK’s Competition and Markets Authority (“CMA”) published its market study final report “Online platforms and digital advertising” (“Report”) (see the Report here). The Report includes significant recommendations on the future regulation of platforms funded by digital (...)