July 2021

General antitrust

 The Hong Kong Competition Authority issues advice on the potential risks under the Competition Ordinance related to the membership admission criteria and procedures of trade, sporting, professional, and industry associations
Hong Kong Competition Commission (Hong Kong)
Hong Kong 45 contributions 9896 visits
Competition Commission advises on Trade Associations’ membership admission rules* The Competition Commission (Commission) today (29 July) published an Advisory Bulletin to advise on the potential risks under the Competition Ordinance (Ordinance) related to the membership admission criteria and (...)

The Hong Kong Competition Authority publishes an advisory bulletin on trade associations that sets out potential competition concerns regarding admission and expulsion rules of Hong Kong trade, sporting, professional and industry bodies
Baker McKenzie (Hong Kong)
Hong Kong 11 contributions 16860 visits
The bulletin sets out the authority’s potential competition concerns regarding admission and expulsion rules of Hong Kong trade, sporting, professional and industry bodies (i.e. "trade associations"), based on its investigatory work. The Hong Kong Competition Commission ("HKCC") has previously (...)

The New Zealand Competition Authority releases a draft report on competition in the retail grocery sector, finding that competition is not working well, and proposing a number of policy options for improvement
New Zealand Commerce Commission (Wellington)
New Zealand 147 contributions 21411 visits
Commission releases draft report on competition in the retail grocery sector* The Commerce Commission’s draft report into competition in the retail grocery sector has found that competition is not working well for consumers. “If competition was more effective, retailers would face stronger (...)

The German Competition Authority presents the results of its sector inquiry into mobile apps which examines consumer rights
German Competition Authority (Bonn)
Germany 432 contributions 109939 visits
Insufficient consumer protection in mobile apps: Bundeskartellamt identifies problems and proposes possible solutions* The Bundeskartellamt has today presented the results of its sector inquiry into mobile apps to examine consumer rights. Andreas Mundt, President of the Bundeskartellamt: “Apps (...)

The US FTC testifies before the House Energy and Commerce Subcommittee on legislation to modify its authority and address challenges facing the agency
US Federal Trade Commission (FTC) (Washington)
United States 153 contributions 37733 visits
FTC Testifies Before House Energy and Commerce Subcommittee on Legislation to Modify the Commission’s Authority and Address Challenges Facing the Agency* The Federal Trade Commission testified before the House Energy and Commerce Subcommittee on Consumer Protection and Commerce on legislation (...)

The EU Commission opens infringement proceedings against 12 Member States for failure to transpose the EU Directive prohibiting unfair trading practices in the agri-food sector
Van Bael & Bellis (Brussels)
Belgium 36 contributions 10456 visits
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Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50184 visits
On 27 July 2021, the European Commission (the Commission) opened an infringement procedure against Belgium and eleven other EU Member States for failure to implement Directive (EU) 2019/633 of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural (...)

The EU Commission opens infringement procedures against 12 Member States for not transposing EU rules banning unfair trading practices
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691390 visits
Commission opens infringement procedures against 12 Member States for not transposing EU rules banning unfair trading practices* The Commission opened infringement procedures against 12 Member States for failing to transpose EU rules banning unfair trading practices in the agri-food sector. (...)

The Spanish Competition Authority publishes a study on the national online advertising sector
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27931 visits
The CNMC publishes a study on the online advertising sector in Spain* It analyses the competition conditions and warns that there is a high concentration level. It estimates that Google and Facebook absorb more than 70% of the market revenue. It points out risks such as opacity and other (...)

The UK Government publishes the report of its market study into the electric vehicle charging sector
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8544 visits
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Herbert Smith Freehills (London)
United Kingdom 55 contributions 19924 visits
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Herbert Smith Freehills (Düsseldorf)
Germany 20 contributions 5440 visits
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On 23 July 2021 the CMA published the report of its market study into the electric vehicle (EV) charging sector, in which it sets out a range of measures in order to ensure that a comprehensive and competitive national network of EV charge points is in place ahead of the 2030 ban on new petrol (...)

The Croatian Competition Authority publishes its 2020 market study concerning the national press publishing sector which indicates an unceasing fall in paid circulation
Croatian Competition Agency (Zagreb)
Croatia 115 contributions 18336 visits
Press Publishing Market in 2020 indicates unceasing fall in paid circulation* The Croatian Competition Agency (CCA) carried out its regular market investigation into the Croatian press publishing market in 2020 with the view to defining the market shares of the relevant market participants. (...)

The Latvian Competition Authority performs five prevention procedures, warning a total of 15 real estate and construction companies of potential competition law infringements
Latvian Competition Council (Riga)
Latvia 116 contributions 22669 visits
15 legal persons have been warned in the first half of the year* If the Competition Council (CC) finds potential signs of the infringement of Competition Law or suspects that market participants have prohibited the Law, but the infringement is not repeated, and it has not affected a big share (...)

The Australian Competition Authority examines competition and consumer concerns with general online retail marketplaces (eBay / Amazon / Kogan / Catch)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 77999 visits
Competition, consumer issues in general online marketplaces to be examined* The ACCC is examining competition and consumer concerns with general online retail marketplaces such as eBay Australia, Amazon Australia, Kogan and Catch.com.au as part of its inquiry into digital platform services in (...)

The US Acting Assistant Attorney General Richard Powers delivers prepared remarks covering several criminal enforcement topics including deferred prosecution agreements and engagement with targets on charging decisions
Robert Connolly Law (Philadelphia)
United States 22 contributions 4854 visits
Why I Think the Antitrust Division Should Reconsider Its Policy on No Notice/No Target Letter Indictments* Acting Assistant Attorney General Richard Powers recently delivered (virtually) prepared remarks (here) covering several criminal enforcement topics including: Compliance; Deferred (...)

The Israeli Competition Authority recommends opening the network between person-to-person mobile payment applications
Israel Competition Authority (Jerusalem)
Israel 15 contributions 1867 visits
The Israel Competition Authority Recommends Opening the Network between P2P Payment Apps* The first study conducted by the Israel Competition Authority (ICA) in the digital economy arena demonstrates how the presence of a "network effect" enables a single firm to dominate the market. The vast (...)

The Russian Competition Authority clarifies its process of reviewing economic entities’ antimonopoly compliance programs
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54408 visits
FAS clarifies application of the legislation on Antimonopoly Compliance* The document is posted on the agency’s website The explanations set out the position of the FAS Russia on the issues of certain powers of the agency in terms of the introduction of antimonopoly compliance systems by (...)

The UK Government publishes a consultation on its proposals for a competition regime for digital markets
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8544 visits
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Herbert Smith Freehills (London)
United Kingdom 14 contributions 2803 visits
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Herbert Smith Freehills (London)
United Kingdom 55 contributions 19924 visits
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On 20 July 2021 the government published a consultation on its proposals for a new pro-competition regime for digital markets. The proposals are based on the recommendations set out in the Furman Review, the CMA’s final report of its market study into online platforms and advertising and the (...)

The UK Government publishes proposals for a new regulatory regime for digital markets alongside accompanying consultation documents
Covington & Burling (London)
United Kingdom 15 contributions 3835 visits
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Covington & Burling (London)
United Kingdom 5 contributions 1095 visits
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Covington & Burling (London)
United Kingdom 5 contributions 2028 visits
On 20 July 2021, the UK Government’s Department for Digital, Culture, Media & Sport (“DCMS”) and Department for Business, Energy & Industrial Strategy (“BEIS”) published proposals for a new regulatory regime for digital markets alongside accompanying consultation documents (the (...)

The UK Government publishes consultations on far-reaching reforms to competition and consumer laws which would substantially expand the powers of the Competition Authority and reduce procedural protections
Skadden, Arps, Slate, Meagher & Flom (Brussels)
United Kingdom 56 contributions 23727 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 67 contributions 30302 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 77 contributions 56520 visits
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The U.K. government is consulting on far-reaching reforms to U.K. competition and consumer laws, which would substantially expand the powers of the Competition and Markets Authority (CMA) and reduce procedural protections. Key proposals include: Merger control jurisdiction enlarged: The CMA (...)

The UK Government consults on proposed powers for the recently launched Digital Markets Unit
Hogan Lovells (London)
United Kingdom 13 contributions 4319 visits
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Hogan Lovells (London)
United Kingdom 3 contributions 1073 visits
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Hogan Lovells (London)
United Kingdom 19 contributions 11441 visits
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The UK Government is consulting on proposed powers for the recently launched Digital Markets Unit. This is a significant juncture in the reconfiguration of the post-Brexit regulatory landscape, marked by a determination to be a world leader in the regulation of digital markets. This (...)

The UK Government consults on its ambitious reform of national competition policy, including on changes to allow the Government to play a more active role in shaping national competition policy and to increase the Competition Authority’s investigative and enforcement powers
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 32 contributions 36728 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 22 contributions 7029 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 2 contributions 309 visits
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On 20 July 2021, the UK Government launched its consultation on wide-ranging reforms to “bring [the UK’s] competition and consumer policies into the 21st century” [1] (the “Consultation”). While recognising that the UK’s competition regime “starts from a strong foundation” and “is internationally (...)

The UK Government consults on proposals aimed at improving its competition regime and strengthening its Competition Authority post-COVID-19, including updates to merger review, investigation tools, interim measures, fines and more direct intervention in consumer protection Free
Hogan Lovells (London)
United Kingdom 13 contributions 4319 visits
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Hogan Lovells (London)
United Kingdom 6 contributions 2622 visits
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Associated British Foods (London)
United Kingdom 2 contributions 433 visits
On 20 July 2021, the government launched a consultation containing substantial proposals that could herald the most important reform of the UK competition regime in 25 years (the consultation). The proposals follow multiple reports and papers and, if they survive the consultation process, could (...)

The UK Government launches a consultation on a wide range of far-reaching changes it is proposing to the UK competition and consumer protection regimes
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8544 visits
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Herbert Smith Freehills (London)
United Kingdom 23 contributions 7986 visits
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Herbert Smith Freehills (London)
United Kingdom 55 contributions 19924 visits
On 20 July 2021 the UK government launched a consultation on a wide range of far-reaching changes it is proposing to the UK competition and consumer protection regimes. As a result of Brexit the UK is now in a position to decide, independently from the EU Commission, how it promotes and (...)

The UK Government announces a series of proposed reforms to competition law enforcement aiming to produce a “best in class” competition regime to allow the UK to exploit post-Brexit opportunities
Hogan Lovells (London)
United Kingdom 13 contributions 4319 visits
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Hogan Lovells (London)
United Kingdom 6 contributions 2622 visits
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Hogan Lovells (London)
United Kingdom 19 contributions 11441 visits
In what could herald the most significant changes to the UK competition regime in 25 years, the UK Government has announced a series of proposed reforms to UK competition law enforcement. The stated aims of the reforms are to produce a “best in class” competition regime to allow the UK to (...)

The UK Government consults on the new digital competition regime and the establishment of the Digital Markets Unit
Bird & Bird (London)
United Kingdom 4 contributions 456 visits
Further to the UK Government’s plans, announced at the end of 2020, to set up a new digital competition regime, (summarized in our earlier article Anthony Rosen, The EU Commission and UK Government publish ground-breaking proposals which threaten to revolutionize the governance of digital (...)

The Turkish Competition Authority issues the Regulation on Settlement Procedure for Investigations on Anticompetitive Agreements, Concerted Practices, Decisions and Abuse of Dominant Position
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 161 contributions 73520 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 1382 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 9 contributions 2849 visits
Introduction On July 15, 2021, the Turkish Competition Authority (“Authority”) issued the Regulation on Settlement Procedure for Investigations on Anticompetitive Agreements, Concerted Practices, Decisions and Abuse of Dominant Position (“Settlement Regulation”), which was also published in the (...)

The Russian Competition Authority conducts inspections of large construction companies and manufacturers of construction materials for the rise in prices in the first half of 2021
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54408 visits
FAS will conduct inspections in the construction materials market* In connection with the continuing rise in prices in the construction market and adjacent markets, the FAS Russia has instructed its territorial bodies to conduct inspections of large construction companies and manufacturers of (...)

The EU Commission publishes the findings of its evaluation of the Market Definition Notice
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
Competition: Commission publishes findings of evaluation of Market Definition Notice* The European Commission has published today a Staff Working Document that summarises the findings of the evaluation of the Market Definition Notice used in EU competition law. The aim of the evaluation was (...)

The Hellenic Competition Authority initiates a public consultation process on the proposal to create a sandbox for sustainable development and competition in the national market
Hellenic Competition Commission (Athens)
Greece 115 contributions 15758 visits
Subject: Public Consultation: Proposal for the creation of a sandbox for sustainable development and competition in the Greek market* The Hellenic Competition Commission (EA) initiated on 12.07.2021 the public consultation process for the proposal to create a sandbox for sustainable (...)

The Dutch Competition Authority carries out studies into whether consumers and businesses could benefit from better price-quality ratios for their broadband, television, fixed telephony and data connections
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33170 visits
ACM explores regulation of access to telecom networks* Over the past few months, the Netherlands Authority for Consumers and Markets (ACM) has carried out studies into whether consumers and businesses could benefit from better price-quality ratios for their broadband, television, fixed (...)

The US FTC announces a series of new reviews scheduled for 2022 regarding its key guides and rules
McDermott Will & Emery (Washington)
United States 3 contributions 1170 visits
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2 contributions 268 visits
The US Federal Trade Commission (FTC) has announced a series of new reviews scheduled for 2022 regarding key FTC guides and rules. Consumer-facing businesses should pay close attention to these reviews. While FTC reviews are periodic and can be routine, they can also result in fundamental (...)

The Spanish Competition Authority publishes a study about the online advertising sector in which it identifies competition concerns
Bird & Bird (Madrid)
Spain 29 contributions 4409 visits
The Spanish Competition Authority (“CNMC”) has recently published a study about the online advertising sector in which it analyses the market competition conditions, with a stress on ‘big tech’ practices. The study mentions, among other things, some key factors to tackle the set of competition (...)

The Chinese State Administration for Market Regulation launches public consultations on its proposed amendments to administrative sanctions for price-related illegal activities with special focus on the digital sector
Herbert Smith Freehills (Hong Kong)
China 11 contributions 2736 visits
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Herbert Smith Freehills (Shanghai)
China 6 contributions 1742 visits
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Herbert Smith Freehills (Hong Kong)
China 5 contributions 967 visits
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The State Administration for Market Regulation (SAMR), China’s primary competition enforcement regulator, recently published a consultation draft of its amendments to the existing Provisions on Administrative Sanctions Against Price-related Illegal Activities on 2 July 2021 (the Provisions). The (...)

The Swedish Competition Authority publishes a new method for determining the size of fines for competition infringements
Swedish Competition Authority (Stockholm)
Sweden 65 contributions 9367 visits
The Swedish Competition Authority has published a new method for determining the size of fines for competition infringements* The Swedish Competition Authority has published new guidelines describing the revised method for determining the size of administrative fines imposed on companies that (...)

The Romanian Competition Authority assesses 4 digital sectors in order to evaluate their characteristics and impact on competition
Romanian Competition Council (Bucharest)
Romania 137 contributions 24437 visits
The Competition Council assesses the online commerce* The Competition Council assesses four digital sectors, in Romania, in order to evaluate their characteristics and impact on the competition. The four sectors analysed are the following: online delivery intermediation services, online (...)

Anticompetitive practices

 The Australian Competition Authority announces that criminal cartel charges have been withdrawn against the national construction, forestry, maritime, mining, and energy union due to a lapse of time and resulting difficulty to secure reliable witness testimonies (CDPP / CFMMEU)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 77999 visits
Criminal cartel charges against CFMMEU and Jason O’Mara withdrawn* The Commonwealth Director of Public Prosecutions (CDPP) has today withdrawn criminal cartel charges against the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and its ACT Divisional Branch Secretary Mr Jason (...)

The US DoJ announces that a real estate investor pleaded guilty to rigging bids at foreclosure auctions (Yama Marifat)
US Department of Justice (Washington)
United States 163 contributions 67788 visits
Real Estate Investor Pleads Guilty to Rigging Bids at Foreclosure Auctions* A California man pleaded guilty yesterday to rigging bids at public foreclosure auctions. According to court documents filed in Sacramento, Yama Marifat was indicted for conspiring with other real estate investors to (...)

The New Zealand Competition Authority reaches a preliminary view that it should allow a global information technology company to engage in resale price maintenance in relation to its proposed online stores and marketplaces (HP)
New Zealand Commerce Commission (Wellington)
New Zealand 147 contributions 21411 visits
Commerce Commission issues draft determination on HP New Zealand’s application to engage in resale price maintenance* The Commerce Commission has reached a preliminary view that it should allow HP New Zealand Limited (HP) to engage in resale price maintenance (RPM) in relation to its proposed (...)

The Australian Competition Authority authorises a national press union to collectively bargain with two Big Tech companies (Country Press Australia / Google / Facebook)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 77999 visits
Country Press Australia can collectively bargain with Google and Facebook* The ACCC has authorised Country Press Australia (CPA) and its members to collectively negotiate with Google and Facebook about payments for their news content published on the platforms. CPA is an industry body (...)

The German Competition Authority imposes fines on manufacturers and retailers of musical instruments for resale price maintenance (Yamaha Music / Rellingen / Roland / Rüsselsheim)
German Competition Authority (Bonn)
Germany 432 contributions 109939 visits
Bundeskartellamt imposes fines on manufacturers and retailers of musical instruments* The Bundeskartellamt has imposed fines totalling approx. 21 million euros on three manufacturers and two retailers of musical instruments and on staff responsible. The manufacturers and retailers are accused (...)

The Hungarian Competition Authority continues its series of investigations within the framework of its accelerated sector inquiry in the market for ceramic masonry elements
Hungarian Competition Authority (Budapest)
Hungary 89 contributions 18121 visits
A series of on-site investigations by the GVH in the brick sector* 2 August 2021, Budapest – The Hungarian Competition Authority (GVH) is continuing its series of on-site investigations within the framework of its accelerated sector inquiry on the Hungarian market of ceramic masonry elements. (...)

The US FTC withdraws from the remaining case against a pharmaceutical company after the Supreme Court decides to strip consumers of relief (AbbVie / Allergan)
US Federal Trade Commission (FTC) (Washington)
United States 153 contributions 37734 visits
Federal Trade Commission Withdraws Remaining Case against AbbVie after Supreme Court Decision Strips Consumers of Relief* After the Supreme Court declined to review a ruling from the Third Circuit that AbbVie used sham litigation to illegally maintain a monopoly, the Federal Trade Commission (...)

The Singaporean Competition Authority issues a new general guidance note to provide businesses with more clarity on common horizontal, vertical and lateral collaborations between competitors in response to the COVID-19 pandemic Free
Baker McKenzie (Singapore)
Singapore 3 contributions 2841 visits
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Baker McKenzie (Singapore)
Singapore 5 contributions 2773 visits
CCCS proposes general guidance on common collaborations between competitors Unlike the lapsed COVID-19 Guidance Note, the new Business Collaboration Guidance Note would apply to all types of products and services, and would not have an expiry date. The Competition and Consumer Commission of (...)

The Hungarian Competition Authority initiates an accelerated sector inquiry on the national market of masonry elements
Hungarian Competition Authority (Budapest)
Hungary 89 contributions 18121 visits
Accelerated sector inquiry by the GVH on the brick market* 29 July 2021, Budapest – The Hungarian Competition Authority (GVH) has initiated an accelerated sector inquiry on the Hungarian market of masonry elements. This is the first time this investigative tool has been used since the (...)

The Portuguese Competition Authority initiates proceedings against private hospitals and their business association for price fixing (ADSE / IASFA / APHP)
Portuguese Competition Authority (Lisbon)
Portugal 110 contributions 27338 visits
Competition Authority issues Statement of Objections to private hospitals and their business association for anticompetitive agreement* The AdC – Portuguese Competition Authority has issued a Statement of Objections for an agreement or concerted practice restricting competition in the (...)

The US DoJ charges four executives and companies for price fixing in an ongoing investigation into the broiler chicken industry (Koch Foods / McGuire / Stiller)
US Department of Justice (Washington)
United States 163 contributions 67788 visits
Four Executives and Company Charged with Price Fixing in Ongoing Investigation into Broiler Chicken Industry* A federal grand jury in Denver, Colorado, returned an indictment yesterday charging Koch Foods, headquartered in Park Ridge, Illinois, for participating in a nationwide conspiracy to (...)

The Latvian Competition Authority signs a settlement with a municipality and two waste management companies and fines them for committed competition distortions in the waste management market (Riga Municipality / Getliņi EKO / Tīrīga)
Latvian Competition Council (Riga)
Latvia 116 contributions 22670 visits
The CC concludes a settlement with Riga Municipality and SIA “GETLIŅI EKO” on the committed competition distortion in the waste management area in the so-called “Tīrīga case”* On 16 July, the Competition Council of Latvia (the CC) signed a settlement with Riga City Municipality and SIA “Getliņi EKO” (...)

The Croatian Competition Authority imposes fine on a company for using its strong bargaining power and imposing unfair trading practices on its chicken suppliers (Koka)
Croatian Competition Agency (Zagreb)
Croatia 115 contributions 18337 visits
Unfair Trading Practices – CCA imposes HRK 100,000 fine on Koka, Varaždin* The Croatian Competition Agency (CCA) opened ex officio infringement proceeding within the meaning of the Act on prohibition of unfair trading practices in the business-to-business food supply chain (UTPs Act) with the (...)

The US DoJ announces that an online retail platform seller pleaded guilty to price fixing DVDs and Blu-ray discs (David Camp)
US Department of Justice (Washington)
United States 163 contributions 67788 visits
Amazon Marketplace Seller Pleads Guilty to Price Fixing DVDs and Blu-ray Discs* A Tennessee man pleaded guilty today to fixing the prices of DVDs and Blu-ray Discs sold on Amazon Marketplace. According to court documents filed in Knoxville, David Camp was charged with conspiring with others (...)

The German Competition Authority investigates the chipboard panel market following a period of unusually high prices following the pandemic thought to result of a high degree of concentration in the market
German Competition Authority (Bonn)
Germany 432 contributions 109939 visits
Investigations into high and sharply rising sales prices for chipboard panels* The Bundeskartellamt examined whether the price increases and bottlenecks in the supply of chipboard panels could be the result of anti-competitive agreements or market power held by individual or several (...)

The Polish Competition Authority initiates a preliminary investigation into whether a manufacturer of cleaning products has been imposing minimum resale prices on distributors of professional cleaning equipment and systems on the Internet (Kärcher)
Polish Competition Authority (Warsaw)
Poland 107 contributions 19614 visits
Overpriced Kärcher equipment?* Have Kärcher products been overpriced for many years? President of the Office of Competition and Consumer Protection Tomasz Chróstny initiated a preliminary investigation into the matter, while Office employees conducted a search at the premises of Kärcher. The (...)

The Russian Competition Authority clarifies how to enter joint procurement agreements such as "purchasing unions" without violating competition legislation
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54408 visits
FAS explains how to create a “purchasing union” and not violate the antimonopoly legislation* The creation of ”purchasing unions” will allow small retailers to carry out joint purchases to expand the assortment, reduce purchase prices, and as a result, retail prices The Competition Authority has (...)

The Polish Competition Authority initiates proceedings against a cleaning supplies and devices company and a bicycle retailer for restricting competition (Kärcher) (Merida bicycles)
Bird & Bird (Warsaw)
Poland 19 contributions 2860 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 2860 visits
In July, the Polish Competition Authority (UOKiK) announced the initiation of a preliminary investigation and the fact that they conducted an inspection at the premises of Kärcher. The UOKiK suspects that Kärcher imposed minimum resale prices on distributors selling its professional line of (...)

The New Zealand Competition Authority files proceedings seeking declarations that a consumer loan provider engaged in cartel conduct relating to online advertising (Moola / Google Ads)
New Zealand Commerce Commission (Wellington)
New Zealand 147 contributions 21411 visits
Commission seeking declarations that agreements not to bid on Google Ads breach Commerce Act* The Commerce Commission has filed proceedings at the High Court in Christchurch seeking declarations that consumer loan provider Moola engaged in cartel conduct relating to online advertising on (...)

The Ninth Arbitration Appeal Court of Moscow upholds the Russian Competition Authority’s decision finding six companies guilty of engaging in cartel activity through the setting and maintenance of high prices (Trives Trade / MedExpert / Optomed / Maltri / Orto)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54408 visits
Appeal supported FAS in the case of orthopedic products cartel* Six companies set recommended prices and sanctions for non-compliance with them in order to maintain the highest possible cost of products sold. The authority imposed fines on companies in the amount of more than 31 million rubles (...)

The Russian Competition Authority proposes to develop systematic UN guidelines on international cooperation in order to counter cartels
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54408 visits
Competition community has to find effective methods of combating cross-border cartels* FAS proposes to develop a systematic UN guidelines on international cooperation in the sphere of countering cartels Andrey Tsyganov, Deputy Head of the FAS Russia told about this at the 19th session of the (...)

The French Competition Authority fines several eyewear brands and manufacturers for imposing selling prices and restrictions on online sales (Luxottica / LVMH / Chanel / Logo)
French Competition Authority (Paris)
France 726 contributions 379047 visits
Several eyewear brands and manufacturers fined for imposing selling prices and restrictions on online sales* The Autorité fines several eyewear brands and manufacturers, including the leading global and European supplier, for imposing selling prices on opticians and prohibiting them from (...)

The Portuguese Competition Authority issues a statement of objection to seven companies for taking part in a cartel in public tenders in the market for surveillance and security services (Gália / Comansegur / Grupo 8 / Prestibel)
Portuguese Competition Authority (Lisbon)
Portugal 110 contributions 27338 visits
AdC issues Statement of Objections to seven companies for taking part in a cartel in public tenders* The AdC issued a Statement of Objections to the companies 2045/Gália, Comansegur, Grupo 8, Prestibel, Prosegur, Securitas and Strong Charon for bid-rigging in public tenders for the provision of (...)

The UK Competition Authority imposes fines totalling £260 million on two drug companies for overcharging the National Health Service (Auden Mckenzie / Actavis)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90389 visits
CMA finds drug companies overcharged NHS* The CMA has imposed fines totalling over £260 million for competition law breaches in relation to the supply of hydrocortisone tablets. Prices of life-saving hydrocortisone tablets rose by over 10,000%. Pharma firms bought off potential rivals to avoid (...)

The US DoJ indicts a kidney dialysis services provider and its CEO in an ongoing investigation of labor market collusion in the health care industry (DaVita)
US Department of Justice (Washington)
United States 163 contributions 67788 visits
DaVita Inc. and Former CEO Indicted in Ongoing Investigation of Labor Market Collusion in Health Care Industry* A federal grand jury in Denver returned a two-count indictment charging DaVita Inc. and its former CEO, Kent Thiry, for conspiring with competing employers not to solicit certain (...)

The UK Competition Authority imposes fines on hydrocortisone tablet suppliers for charging excessive and unfair prices and for paying potential rivals to remain out of the market (Auden Mckenzie / Actavis)
Van Bael & Bellis (Brussels)
France 37 contributions 20611 visits
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Van Bael & Bellis (Brussels)
Belgium 19 contributions 7405 visits
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Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50184 visits
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On 15 July 2021, the UK Competition and Markets Authority (“CMA”) imposed fines of more than GBP 260 million on the hydrocortisone tablet suppliers, Auden Mckenzie and Actavis (now named Accord-UK) for charging excessive and unfair prices and for paying potential rivals to remain out of the (...)

The UK Competition Authority fines two pharmaceutical companies £260 million for excessive pricing on hydrocortisone tablets (Auden Mckenzie / Actavis)
Toyota (Brussels)
Belgium 36 contributions 7469 visits
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Van Bael & Bellis (Brussels)
France 37 contributions 20611 visits
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Van Bael & Bellis (Brussels)
Belgium 23 contributions 23999 visits
On 31 March 2022, the CMA published one of its longest decisions (1077 pages), in which it imposed fines of £155 million on Accord-UK (previously Auden McKenzie/Actavis) for excessive price increases on hydrocortisone tablets after they were de-branded and fell outside the UK NHS price (...)

The UK Competition Authority imposes fines of £260 million on hydrocortisone suppliers for charging excessive and unfair prices and for paying potential rivals to remain out of the market (Auden Mckenzie / Actavis)
Van Bael & Bellis (Brussels)
Belgium 19 contributions 7405 visits
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Van Bael & Bellis (Brussels)
France 37 contributions 20611 visits
,
Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50184 visits
On 15 July 2021, the CMA imposed fines of more than £260 million on the hydrocortisone tablet suppliers, Auden Mckenzie and Actavis (now named Accord-UK), for charging excessive and unfair prices and for paying potential rivals to remain out of the market (see CMA Press Release). CMA Chief (...)

The Hungarian Competition Authority suspects the existence of a cartel around the public procurement of a boat operation by the Budapest transport center (BKV)
Hungarian Competition Authority (Budapest)
Hungary 89 contributions 18121 visits
The GVH suspects the existence of a cartel around the boat operation public procurement of the Centre for Budapest Transport (BKV)* 14 July 2021, Budapest – Due to the suspicion of a cartel, the Hungarian Competition Authority (GVH) has initiated an investigation in connection with the public (...)

The US agencies of the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency publish guidance on antitrust risk management for banks
Morgan Lewis (Washington)
United States 4 contributions 508 visits
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Morgan Lewis (Philadelphia)
United States 3 contributions 305 visits
As highlighted previously, three federal banking agencies (the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency) recently issued proposed risk management guidance regarding third-party relationships (Proposed Guidance). Among (...)

The Danish Competition Authority fines an accounting services platform for price fixing (Ageras)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 127 contributions 34911 visits
Digital platform pays a fine of DKK 1.275.000 for violating the Danish Competition Act* Ageras A/S has entered into a settlement and accepted to pay a fine of DKK 1.275.000 for infringing the Danish Competition Act by using a price standardization mechanism and setting minimum prices on the (...)

The EU Commission starts a consultation on the revised Vertical Block Exemption Regulation and Vertical Guidelines
Portolano Cavallo (Milan)
Italy 60 contributions 8857 visits
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Portolano Cavallo (Milan)
Italy 32 contributions 5994 visits
On July 9, 2021, the European Commission (“Commission”) published the draft revised Vertical Block Exemption Regulation (“Draft VBER”) and related Vertical Guidelines, which are now subject to public consultation through September 17, 2021. Based on the overall body of evidence gathered during the (...)

The French Competition Authority indicates dawn raids have been carried out in the collection and use of pharmacy data sector
French Competition Authority (Paris)
France 726 contributions 379047 visits
Dawn raids in the collection and use of pharmacy data sector* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the collection and use of pharmacy data sector. Following authorisation from the liberty and custody judge, the (...)

The EU Commission publishes new rules for vertical agreements signalling a shift in tack and renewed emphasis on digital operators
Arnold & Porter Kaye Scholer (Brussels)
France 64 contributions 98014 visits
On 9 July 2021, following a thorough review process launched in October 2018, the EC published a draft revised Vertical Block Exemption Regulation (VBER) and draft revised accompanying Guidelines on vertical restraints (Vertical Guidelines). While the basic system underpinning the assessment of (...)

The EU Commission and UK Competition Authority propose modifications to their antitrust rules on distribution agreements which diverge significantly, creating legal challenges for agreements caught by both sets of rules
Skadden, Arps, Slate, Meagher & Flom (Brussels)
United Kingdom 56 contributions 23727 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 77 contributions 56520 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 67 contributions 30302 visits
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1. Summary The European Union and the United Kingdom have each proposed modifications of their antitrust rules on distribution. The proposals diverge significantly on common distribution practices, creating legal challenges for distribution agreements caught by both sets of rules. Dual (...)

The EU Commission publishes its long-awaited draft Vertical Agreement Block Exemption Regulation and accompanying Guidelines on Vertical Restraints
Bird & Bird (The Hague)
Netherlands 34 contributions 8336 visits
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Bird & Bird (London)
United Kingdom 19 contributions 3294 visits
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Bird & Bird (Dusseldorf)
Germany 21 contributions 2383 visits
Introduction Following a comprehensive evaluation process which began in 2018, the EU Commission published on 9 July 2021 its long-awaited draft vertical agreement block exemption regulation (Draft VBER) and accompanying guidelines (Draft Guidelines). The current VBER and Guidelines, which (...)

The EU Commission publishes a draft of the revised Vertical Block Exemption Regulation (VBER) and Guidelines
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45077 visits
The European Commission publishes a draft revised Vertical block exemption Regulation (VBER) and Guidelines. The EC has published on 9 July 2021 the awaited draft proposal for a revised VBER and its Guidelines. The current rules expire on 31 May 2022. The draft rules highlight the importance of (...)

The Italian Competition Authority initiates probe against the incumbent telecom operator and live sports streaming service for possible anticompetitive practices in broadcasting the Serie A football matches (Tim / Dazn)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5207 visits
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Bird & Bird (Rome)
Italy 19 contributions 3924 visits
On 8 July 2021, the Italian Competition Authority (“AGCM”) opened an antitrust probe against TIM (the Italian incumbent telecom operator) and DAZN (the live sports streaming service) for possible anti-competitive behaviours stemming from the TV rights agreement between the two companies to (...)

The EU Commission imposes a fine totalling €875 million on multiple car manufacturers for restricting competition in emission cleaning for new diesel passenger cars (BMW / Daimler / VW)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45077 visits
The EC has found that Daimler, BMW and Volkswagen group (Volkswagen, Audi and Porsche) breached EU antitrust rules by colluding on technical development in the area of nitrogen oxide cleaning. Car manufacturers had technical meetings to discuss the development of the selective catalytic (...)

The Swedish Competition Authority closes its investigation on possible anticompetitive conduct in the paint industry and highlights how crucial it is that participants react quickly if any information that may potentially be considered anticompetitive is exchanged
Bird & Bird (Copenhagen)
Denmark 9 contributions 3670 visits
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Bird & Bird (Copenhagen)
Denmark 36 contributions 7582 visits
A recent investigation by the Swedish Competition Authority (“SCA”) into discussions in a trade forum demonstrates that it is crucial that participants react quickly if any information that may potentially be considered anti-competitive is exchanged. The SCA investigated whether companies within (...)

The EU Commission imposes a first-ever fine for collusion relating solely to technical development on three car manufacturers in the area of emission cleaning (BMW / Daimler / VW)
University of Vienna
Austria 5 contributions 917 visits
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European Court of Justice (Luxembourg)
Luxembourg 9 contributions 1899 visits
Uncharted legal territory? – European Commission fines Volkswagen and BMW for colluding on technical development in the area of emission cleaning* On 8 July 2021, the Commission found that Daimler, BMW and the Volkswagen Group (Volkswagen, Audi and Porsche) violated competition law by colluding (...)

The Italian Competition Authority initiates proceedings against two pay-TV providers for possible anticompetitive practices through the rights agreement for the Liga A football series (Tim / Dazn)
Italian Competition Authority (Rome)
Italy 63 contributions 16190 visits
ICA: proceeding opened against Tim and Dazn for possible anti-competitive practice through the TV rights agreement for the Liga A football series* The Authority will evaluate the adoption of precautionary measures only if it finds that considerable and irreparable damage to competition results (...)

The EU Commission finds that three German car manufacturers colluded by deliberately limiting competition on innovation in greener technologies for diesel vehicles (BMW / Daimler / VW)
Municipality of Cagliari
158 contributions 131046 visits
By the cartel settlement decision recently rendered in Car Emissions, the European Commission (EC) found that three German car manufacturers colluded in the market for the reduction of emission of diesel cars during the period from June 2009 until October 2014. What is noteworthy in Car (...)

The Indian Competition Authority dismisses allegations of bid rigging in the market for stevedoring contractors in Paradip Port (Steel Authority of India / Paradip Port / Mahimanand Mishra)
Shardul Amarchand Mangaldas (New Delhi)
France 63 contributions 18017 visits
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Shardul Amarchand Mangaldas (New Delhi)
United States 66 contributions 19997 visits
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Shardul Amarchand Mangaldas (New Delhi)
France 66 contributions 18921 visits
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The Competition Commission of India (CCI) dismissed allegations by the Steel Authority of India Limited (SAIL) and Paradip Port Trust (PPT) that some stevedoring contractors in Paradip Port had engaged in cartelisation in bidding for stevedoring contracts. According to the CCI, the first (...)

The Turkish Supreme Court annuls the Competition Authority’s decision to impose a fine on a manufacturer of personal and home care products for resale price maintenance and clarifies that RPM cases require an element of "coercion" or "incentive" (Henkel)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 161 contributions 73520 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 2 contributions 303 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 3 contributions 785 visits
This case summary includes an analysis of the 13th Chamber of the Council of State’s reversal (E. 2021/969, K. 2021/2654, 06.07.2021) of Ankara Regional Administrative Court’s judgment (E. 2020/394, K. 2020/2451, 23.12.2020). Ankara Regional Administrative Court upheld the Turkish Competition (...)

The Brazilian Competition Authority fines multiple undertakings involved in a rendering industry cartel in Rio Grande do Sul
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12824 visits
CADE signs agreements related to a cartel in the market of rendering industry in Rio Grande do Sul* In total, more than BRL 18.7 million are to be paid as financial contributions In the hearing held last Wednesday (30 June), the Administrative Council for Economic Defense (CADE) ratified four (...)

The Russian Competition Authority imposes a fine on 2 companies for entering a cartel agreement on the stock exchange of oil products (A-OIL / Solid-Commodity Markets)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54408 visits
FAS reported fine of more than 1 billion RUB for a cartel on the stock exchange of oil products* Such a decision was made by the antimonopoly service The FAS Russia imposed administrative fines on Solid-Commodity Markets JSC and A-OIL LLC, which were found guilty of entering into a cartel (...)

The Spanish Competition Authority investigates two Big Tech companies for an alleged anticompetitive agreement affecting markets for the online sale of electronic products and for the provision of marketing services to third party retailers through online platforms (Apple / Amazon)
Bird & Bird (Madrid)
Spain 29 contributions 4409 visits
This month, the Spanish Competition Authority (“CNMC”) has opened formal proceedings against Amazon and Apple for their alleged participation in a conduct prohibited by Articles 1 of the Spanish Competition Act and 101 of the TFEU related to the sale of Apple products in Amazon’s marketplace. (...)

The Spanish Competition Authority initiates disciplinary proceedings against two Big Tech companies for restricting competition (Apple / Amazon)
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27931 visits
The CNMC initiates disciplinary proceedings against Apple and Amazon for possible restrictive competition practices* Both groups could have agreed to trade restrictions on the Amazon website in Spain. They would affect the retail sale of Apple products by third parties and the advertising of (...)

The Paris Court of Appeal significantly reduces fines imposed on French food companies for their involvement in a price-fixing, output restriction, and market-sharing cartel (Cap endives / Groupe Perle du Nord)
European Commission - DG COMP (Brussels)
France 15 contributions 3218 visits
On 1 July 2021, the Paris Court of Appeal largely confirmed an earlier decision of the French Competition Authority (“FCA”) finding that French endive producers’ organisations and associations had infringed Article 101 TFEU, but significantly reduced the amount of the fines imposed on them due to (...)

The Romanian Competition Authority opens an investigation into possible anti-competitive behavior of undertakings operating in the archiving services market (Enterprise Software Development / All Businesses Management / Cityplan Studio)
Romanian Competition Council (Bucharest)
Romania 137 contributions 24437 visits
The Competition Council carries out an investigation into the archiving services market* The Competition Council has opened an investigation on a possible anti-competitive behavior of some undertakings operating on the market of electronic / digital and physical archiving of documents, as well (...)

The Rotterdam District Court establishes joint and several liability for damages from the elevators cartel case but declares part of the claim time-barred (Otis / Kone / Schindler / ThyssenKrupp)
Bird & Bird (The Hague)
Netherlands 34 contributions 8336 visits
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Bird & Bird (The Hague)
Netherlands 4 contributions 815 visits
Summary On 23 June 2021, the District Court of Rotterdam (“District Court”) held that a so-called special purpose vehicle, was eligible as a claimant for part of the cartel damages it had claimed. The claimant Stichting Elevator Cartel Claim (“SECC”), represented many customers who had suffered (...)

The US DOJ publishes statements clarifying its analysis of no-poach agreements
Orrick, Herrington & Sutcliffe (Washington)
United States 10 contributions 9616 visits
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Dechert (Washington)
United States 1 contribution 37 visits
Since issuing the DOJ/FTC Antitrust Guidance for Human Resource Professionals in 2016, the DOJ Antitrust Division has remained active in enforcing and commenting on agreements among employers not to compete for hiring employees (“no-poach” agreements). DOJ filed several statements of interest in (...)

Unilateral Practices

 The UK Competition Authority finds that 2 pharmaceutical companies abused their dominant positions to overcharge the National Health Service for vital anti-epilepsy drugs (Pfizer / Flynn)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90389 visits
CMA accuses pharma firms of illegal pricing* The CMA has provisionally found that Pfizer and Flynn abused their dominant positions to overcharge the NHS for vital anti-epilepsy drugs, after reassessing the case. Having gathered further evidence and after carefully assessing the facts, the (...)

The UK Competition Authority fines a pharmaceutical company for overinflating the price of thyroid tablets (Advanz)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90389 visits
CMA fines pharma firm over pricing of crucial thyroid drug* The CMA has imposed over £100 million in fines after Advanz inflated the price of thyroid tablets, causing the NHS and patients to lose out. Advanz increased the price of thyroid tablet packs from £20 in 2009 to £248 in 2017 – an (...)

The UK Competition Authority imposes fines totalling more than £101M on a pharmaceutical company for charging excessive and unfair prices for liothyronine tablets (Advanz)
Van Bael & Bellis (Brussels)
France 37 contributions 20611 visits
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Van Bael & Bellis (Brussels)
Belgium 19 contributions 7405 visits
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Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50184 visits
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On 29 July 2021, the UK Competition and Markets Authority (“CMA”) imposed fines totalling more than £101 million on Advanz Pharma and previous owners, Cinven and HgCapital, for charging excessive and unfair prices for liothyronine tablets – a treatment for hypothyroidism (see Press Release). In (...)

The Croatian Administrative Court in Split dismisses an appeal against unfair trading allegations on the grounds that the claim was made outside of the legally permitted window (Agro Gold)
Croatian Competition Agency (Zagreb)
Croatia 115 contributions 18337 visits
ADMINISTRATIVE COURT IN SPLIT DISMISSES THE UNTIMELY CLAIM OF AGRO GOLD* The Croatian Competition Agency fined AGRO GOLD d.o.o. from Opuzen HRK 75,000 for a serious infringement of the Croatian Act on the prohibition of unfair trading practices in the business-to-business food supply chain. (...)

The Hungarian Competition Authority launches an investigation into one of the largest domestic wholesalers of fishing products
Hungarian Competition Authority (Budapest)
Hungary 89 contributions 18121 visits
The GVH has caught a big fish among the domestic wholesalers of fishing products* 23 July 2021, Budapest – The Hungarian Competition Authority (GVH) has launched an investigation into one of the largest domestic undertakings engaged in the wholesale of fishing products due to allegedly imposing (...)

The Hungarian Competition Authority launches an investigation against a leading regional player on the gravel market
Hungarian Competition Authority (Budapest)
Hungary 89 contributions 18121 visits
GVH has launched an investigation against a leading regional player on the gravel market* 21 July 2021, Budapest – The Hungarian Competition Authority (GVH) has initiated a competition supervision proceeding against a large undertaking engaged in gravel production in the Central Hungary region (...)

The Italian Competition Authority initiates non-compliance proceedings following a warning which required the company to cease an unfair practice in the highway infrastructure sector (Autostrade)
Italian Competition Authority (Rome)
Italy 63 contributions 16190 visits
ICA: non-compliance proceedings initiated against Autostrade per l’Italia* The licence-owner received a fine of €5 million in March but has not yet reduced the cost of tolls on the sections with significant traffic problems. The Italian Competition Authority has initiated a non-compliance (...)

The Dutch Competition Authority imposes a fine totalling €20M on an orphan drug manufacturer for excessive pricing (Leadiant)
Bird & Bird (The Hague)
Netherlands 34 contributions 8336 visits
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Bird & Bird (The Hague)
Netherlands 7 contributions 4154 visits
Dutch competition authority ACM imposes EUR 20 million fine on orphan drug manufacturer Leadiant for excessive pricing* The Netherlands Authority for the Consumer and Markets’ (“ACM“) announced focus on drug price developments has finally come to a tangible enforcement result: a fine of almost (...)

The Dutch Competition Authority fines a medicine supplier almost €20 million for excessive pricing of a metabolic disorder medicine (Leadiant)
Van Bael & Bellis (Brussels)
Belgium 19 contributions 7405 visits
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Van Bael & Bellis (Brussels)
France 37 contributions 20611 visits
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Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50184 visits
On 20 July 2021, the ACM announced that it had imposed a fine of € 19,569,500 on Leadiant for abusing its dominant position by charging excessive prices for chenodeoxycholic acid-Leadiant (“CDCA”), a medicine indicated for the treatment of patients suffering from cerebrotendinous xanthomatosis, a (...)

The Dutch Competition Authority fines a national drug manufacturer for excessive pricing (Leadiant)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33170 visits
ACM imposes fine on drug manufacturer Leadiant for CDCA’s excessive price* The Netherlands Authority for Consumers and Markets (ACM) has established that drug manufacturer Leadiant charged far too high a price for its prescription drug CDCA-Leadiant. As such, Leadiant abused its dominant (...)

The Indian Competition Authority closes a case against a taxi-aggregator finding no abuse of dominance in the market for radio taxi services in Delhi-NCR (Meru Travel Solutions / Uber India)
Shardul Amarchand Mangaldas (New Delhi)
France 63 contributions 18017 visits
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Shardul Amarchand Mangaldas (New Delhi)
United States 66 contributions 19997 visits
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Shardul Amarchand Mangaldas (New Delhi)
France 66 contributions 18921 visits
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The CCI closed a case against taxi-aggregator Uber, rejecting arguments by Meru Travel Solutions (Meru) that Uber had abused its dominant position under Section 4 of the Competition Act by resorting to predatory pricing and that exclusivity agreements with its driver partners had an appreciable (...)

The European Data Protection Board rejects the request of the Hamburg Data Protection Authority to prevent a social media company to share data with a subsidiary (Facebook / WhatsApp)
Hamburg Commissioner for Data Protection and Freedom of Information
3 contributions 476 visits
Data exchange between WhatsApp and Facebook remains unregulated at European level* European Board sees no urgent need for action The European Data Protection Board (EDPB) has rejected the request of the Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI) to impose (...)

The EU General Court dismisses the action brought against the Commission’s decision to initiate the formal investigation procedure against two shoe retail companies for transfer pricing (Nike / Converse)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 28596 visits
Tax rulings issued to Nike and Converse by the Netherlands tax administration: the General Court dismisses the action brought against the Commission’s decision to initiate the formal investigation procedure* The Commission complied with the procedural rules, and neither failed to fulfil its (...)

The French Competition Authority fines a Big Tech search engine €500M for failing to comply with multiple injunctions which sought to protect online publishers from abuses of dominance (Google)
French Competition Authority (Paris)
France 726 contributions 379052 visits
Remuneration of related rights for press publishers and agencies: the Autorité fines Google up to 500 million euros for non-compliance with several injunctions* Remuneration of related rights for press publishers and agencies: the Autorité fines Google up to 500 million euros for non-compliance (...)

The UK Competition Authority consults on its market investigation into emergency services’ mobile radio network (Motorola / Airwave Solutions)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90389 visits
CMA consults on market investigation into emergency services’ mobile radio network* The CMA is consulting on whether to launch a market investigation into Motorola’s Airwave network – the mobile radio network used by all emergency services in Great Britain. The move follows concerns expressed (...)

The German Supreme Court rules that car manufacturers cannot restrict the sales of their cars and spare parts in the tuning industry (Porsche-Tuning II)
Ashurst (Frankfurt)
Germany 15 contributions 4100 visits
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Ashurst (Munich)
Germany 9 contributions 1696 visits
In a decision of 6 July 2021, published in September 2021, the German Federal Court of Justice ("FCJ") ruled that restrictive clauses in retail and service agreements between Porsche and its authorised distributors were in breach of competition law. Porsche could not prohibit its authorised (...)

The German Federal Court of Justice rules that a car manufacturer’s selective distribution system limiting the supply of new vehicles and spare parts to tuning services providers is a by-object restriction (Porsche Tuning II)
Van Bael & Bellis (Brussels)
Belgium 24 contributions 4566 visits
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Van Bael & Bellis (Brussels)
Belgium 28 contributions 3659 visits
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Van Bael & Bellis (Brussels)
France 163 contributions 55164 visits
On 6 July 2021, the German Federal Court of Justice (“FCJ”) upheld an injunction against Porsche and its German distributor (“Porsche” or the ”Defendants”) in favor of an industry association whose members manufacture and distribute customized parts for tuning purposes (the “Association”). The (...)

The US FTC charges a semiconductor supplier with illegal monopolization through exclusive dealing in the market for components used to deliver TV and broadband internet services (Broadcom)
US Federal Trade Commission (FTC) (Washington)
United States 153 contributions 37734 visits
FTC Charges Broadcom with Illegal Monopolization and Orders the Semiconductor Supplier to Cease its Anticompetitive Conduct* The Federal Trade Commission has issued a complaint charging Broadcom with illegally monopolizing markets for semiconductor components used to deliver television and (...)

The Paris Court of Appeal rejects a claim of abuse of dominance in exclusivity arrangements by a syndicate of industrials active in the nautical sector against an organizer of trade shows (Fédération des Industries Nautiques / Reed)
Gide Loyrette Nouel (Paris)
France 8 contributions 25577 visits
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Gide Loyrette Nouel (Paris)
France 2 contributions 118 visits
On July 1st 2021, the Paris Court of Appeal (the “Court”) overruled a judgment from the Paris Court of First Instance (Tribunal de Grande Instance) in a case opposing the Fédération des Industries Nautiques (“FIN”), a syndicate of industrials active in the nautical sector, and Reed Exposition France, (...)

The Swedish Competition Authority finds that a data collector’s refusal to supply data constitutes an abuse of dominance and imposes a temporary obligation to continue to deliver data on the housing market to a company in charge of the national housing price index (Svensk Mäklarstatistik)
Swedish Competition Authority (Stockholm)
Sweden 65 contributions 9367 visits
Svensk Mäklarstatistik must continue to deliver data on the housing market* The Swedish Competition Authority is imposing a temporary obligation on Svensk Mäklarstatistik to continue to deliver data on residential transactions in Sweden to the company Valueguard Index Sweden, including the right (...)

The Spanish Competition Authority launches an investigation into two Big Tech companies’ possible restrictive practices in the internet sales of electronic products (Apple / Amazon)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45077 visits
On 1 July 2021, the CNMC announced an investigation against Apple and Amazon for possible restrictive practices in the Internet sales of electronic products and the provision of marketing services to third-party retailers through online platforms in Spain. The conduct under investigation (...)

Mergers

 The UK Competition Authority finds serious competition concerns with a merger between a company in the chip technology industry and one of its customers as it may prevent competitors from accessing the latest processor designs (NVIDIA / Arm)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90389 visits
CMA finds competition concerns with NVIDIA’s purchase of Arm* The Competition and Markets Authority (CMA) has found that NVIDIA’s purchase of Arm raises serious competition concerns. A summary of the CMA’s report, which was sent to the Secretary of State (SoS) for the Department for Digital, (...)

The UK Competition Authority finds that the takeover of the largest provider of GIFs by the largest social media company raises competition concerns (Facebook / Giphy)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90389 visits
Facebook’s takeover of Giphy raises competition concerns* The CMA has provisionally found Facebook’s merger with Giphy will harm competition between social media platforms and remove a potential challenger in the display advertising market. Facebook app is being selected on a mobile phone. The (...)

The Polish Competition Authority objects to a merger between two national healthcare facilities (Lux Med / Lecznice Citomed)
Polish Competition Authority (Warsaw)
Poland 107 contributions 19614 visits
Objections to the concentration of Lux Med - Lecznice Citomed* The President of UOKiK Tomasz Chróstny has issued objections concerning takeover of Lecznice Citomed in Toruń by Lux Med. The transaction may lead to a restriction of competition on the local markets for private medical services and (...)

The Spanish Competition Authority urges a national telecommunications company to modify its agreement with a global sports subscription video streaming service to be compatible with the commitments acquired in its takeover of a multichannel audio technologies firm (Telefónica / DTS)
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27931 visits
The CNMC urges Telefónica to modify its agreement with Dazn to be compatible with the commitments acquired in its take-over of DTS* In 2015, the Commission authorised the Telefónica/DTS take-over subject to a series of commitments related to pay television. The recent agreement between Telefónica (...)

The New Zealand Competition Authority unconditionally clears a merger between two real estate online platforms after an in-depth investigation (Trade Me / PropertyNZ)
New Zealand Commerce Commission (Wellington)
New Zealand 147 contributions 21411 visits
Commission grants clearance for Trade Me’s acquisition of Homes.co.nz* The Commission has granted Trade Me Limited (Trade Me) clearance to acquire PropertyNZ Limited. Trade Me Property is the largest online residential listings platform in New Zealand. PropertyNZ Limited owns and operates (...)

The German Competition Authority clears the reacquisition by the federal state of North Rhine-Westphalia of a hospital group’s shares in a national clinic (Sana / Herz- und Diabeteszentrum Bad Oeynhausen)
German Competition Authority (Bonn)
Germany 432 contributions 109939 visits
Bundeskartellamt clears reacquisition by the federal state of North Rhine-Westphalia of Sana shares in Herz- und Diabeteszentrum Bad Oeynhausen* The Bundeskartellamt has cleared the acquisition of the remaining 50 percent of the shares in the Herz- und Diabeteszentrum (heart and diabetes (...)

The Australian Competition Authority seeks views on a proposed merger between three payment platform companies (BPAY / eftpos / NPPA)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 77999 visits
Views sought on proposed undertaking for BPAY, eftpos and NPP merger* The ACCC is seeking views on a court enforceable undertaking which has been offered by Industry Committee Administration Pty Ltd (ICA), the company representing three Australian payment services providers seeking to merge. (...)

The US FTC starts issuing "Pre-Consummation Warning Letters" for transactions investigations which may need to remain open beyond the regular HSR waiting period
White & Case (Washington)
United States 46 contributions 26387 visits
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White & Case (Washington)
United States 30 contributions 18257 visits
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White & Case (Washington)
United States 17 contributions 6412 visits
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On Tuesday, August 3, 2021, the Federal Trade Commission announced a new approach for merger investigations that the FTC does not complete during the Hart-Scott-Rodino Act (HSR) waiting period—the FTC may advise merging parties via a Warning Letter that its investigation remains open despite the (...)

The EU Commission opens an in-depth investigation following a referral from Austria to assess the proposed acquisition of a company specialized in the supply of customer relationship management software by a Big Tech company (Facebook / Kustomer)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
Mergers: Commission opens in-depth investigation into proposed acquisition of Kustomer by Facebook* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Kustomer by Facebook under the EU Merger Regulation. The Commission is concerned that the (...)

The Spanish Competition Authority approves with commitments the creation of a 50% joint venture between companies specialised in the mooring and unmooring businesses in the Port of Barcelona (Mooring & Port Services / Cemesa Amarres)
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27931 visits
The CNMC approves with commitments the creation of a 50% joint venture between Mooring & Port Services and Cemesa Amarres de Barcelona* The CNMC approves with commitments the creation of a 50% joint venture between Mooring & Port Services and Cemesa Amarres de Barcelona The merger (...)

The Indian Competition Authority unconditionally clears a merger between two energy companies (Odisha Power / Adani Power)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9724 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9779 visits
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Agriya - Chambers of Law (New Delhi)
India 76 contributions 6726 visits
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This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Adani Power Ltd. (“APL”) is a public listed company primarily engaged in the business of power generation by using coal based thermal power plants. APL directly (...)

The Spanish Competition Authority approves, subject to commitments, the creation of a joint venture between 2 companies that provide port services in several national ports (Mooring & Port Services / Cemesa Amarres Barcelona)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45077 visits
The CNMC approved on 27 July 2021 (with confirmation in August from the Government, which has the statutory power to alter conditional or negative merger decisions), in second phase with commitments, the merger between Mooring & Port Services, S.L. (Mooring) and Cemesa Amarres Barcelona, (...)

The Papua New Guinea Competition Authority rejects a proposed acquisition of an airline by a rival and queries the ’failing firm’ rationale (Link / PNG)
Independent Consumer and Competition Commission - Papua New Guinea (Port Moresby)
Papua New Guinea 14 contributions 363 visits
ICCC declines authorization application by Link PNG Limited for the proposed acquisition of shares in PNG Air Limited* The purpose of this media conference is to inform the public, through the media, about the Independent Consumer and Competition Commission’s (“ICCC”) assessment and decision on (...)

The French Competition Authority clears an acquisition in the chemical pathology sector subject to the divestiture of eight medical analysis sites (Oriade-Noviale / Biogroup)
French Competition Authority (Paris)
France 726 contributions 379052 visits
The Autorité de la concurrence clears the acquisition of Oriade-Noviale by Biogroup, subject to the divestiture of eight medical analysis sites (Isère, Rhône and Haute-Savoie)* Parties to the transaction Biogroup is active in the chemical pathology sector, with laboratories spread over more than (...)

The Australian Competition Authority unconditionally approves the acquisition of the largest national distributor of magazines to retailers by the largest magazine publisher due to continuing decline of revenues in the publishing sector (Are Media / Ovato Retail Distribution)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 77999 visits
Are Media’s acquisition of Ovato Retail Distribution not opposed* The ACCC will not oppose the proposed acquisition of Ovato Retail Distribution (ORD) by Are Media. Are Media is Australia’s largest magazine publisher and publishes titles such as The Australian Women’s Weekly, New Idea and (...)

The US DoJ requires substantial divestitures in the merger between two national manufacturing companies to protect consumers and small businesses (Gray / Quincy)
US Department of Justice (Washington)
United States 163 contributions 67788 visits
Justice Department Requires Substantial Divestitures in Gray’s Acquisition of Quincy to Protect American Consumers and Small Businesses* Gray and Quincy Must Divest 10 Broadcast Television Stations in Seven Local Markets The Department of Justice announced today that it will require Gray (...)

The Romanian Competition Authority approves a partial acquisition of a Romanian gas distributor by an international financial institution (EBRD / Vestmoldtransgaz)
Romanian Competition Council (Bucharest)
Romania 137 contributions 24437 visits
Competition Council approved the transaction by which the European Bank For Reconstruction And Development takes over a part of Vestmoldtransgaz SRL* The Competition Council approved the operation by which the European Bank for Reconstruction and Development (EBRD) takes over a part of the (...)

The Australian Competition Authority announces the withdrawal of a clearance request for a merger between two insurance companies (Aon / Willis Towers Watson)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 77999 visits
Aon withdraws clearance request for WTW merger* Aon plc (Aon) has withdrawn its request for merger clearance by the ACCC of its proposed acquisition of Willis Towers Watson plc (WTW), having decided to terminate their proposed merger. Aon and WTW are two of the three largest providers of (...)

The EU Commission approves an acquisition subject to conditions in the telecommunications sector (Telekom Romania / Orange)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Telekom Romania Communications (“TKR”) by Orange SA (“Orange”). The approval is conditional on the divestiture of TKR’s 30% minority shareholding in Telekom Romania Mobile Communications (“TRMC”), which (...)

The Papua New Guinea Competition Authority blocks the acquisition of a bank by a financial services firm (Kina Securities / Westpac Bank)
Independent Consumer and Competition Commission - Papua New Guinea (Port Moresby)
Papua New Guinea 14 contributions 363 visits
ICCC releases Draft Determination on Authorization Application by Kina Securities Limited for the Proposed Acquisition of Shares in Westpac Bank-PNG-Limited* The Independent Consumer and Competition Commission (“ICCC”) announces that it has released its Draft Determination on the Authorisation (...)

The French Competition Authority opens public consultation as part of a merger in the temperature-controlled goods transport sector (TMF Group / Prim@ever / Olano Group)
French Competition Authority (Paris)
France 726 contributions 379052 visits
The Autorité de la concurrence opens a public consultation as part of a merger in the temperature-controlled goods transport sector* The Autorité de la concurrence is examining a proposed merger under the terms of which the company Prim@ever, jointly controlled by STEF and SATAR Investissements (...)

The Dutch Competition Authority conditionally clears the acquisition of a mortuary service provider by a rival company (Yarden / DELA)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 2 contributions 1099 visits
ACM conditionally clears acquisition of mortuary service provider Yarden by rival DELA* The Netherlands Authority for Consumers and Markets (ACM) has conditionally cleared the acquisition of mortuary service provider and insurer Yarden by rival provider DELA. However, Yarden and Dela will have (...)

The US AG Merrick Garland gives a statement on the decision to terminate the planned $30 billion merger of the second and third largest insurance brokers in the world (Aon / Willis Tower Watson)
US Department of Justice (Washington)
United States 163 contributions 67788 visits
Attorney General Merrick B. Garland’s Statement on Aon and Willis Towers Watson Decision to Terminate Merger Agreement* Decision Follows DOJ Lawsuit to Prevent Harmful Consolidation and Preserve Competition Attorney General Merrick B. Garland today released the following statement on Aon plc’s (...)

The Polish Competition Authority raises objections to the merger of two hypermarket chains for possible reduction of competition in the local market (Carrefour / Polska)
Polish Competition Authority (Warsaw)
Poland 107 contributions 19614 visits
Objections to the concentration of Carrefour - Tesco* The President of UOKiK Tomasz Chróstny has raised objections to the takeover by Carrefour Polska of the retail space of Tesco hypermarket in Bielany Wrocławskie. The transaction may lead to reduced competition in the local market. The (...)

The Croatian Competition Authority informs the general public of the cessation of a conditionally approved merger between two telecommunication companies (HT / Optima)
Croatian Competition Agency (Zagreb)
Croatia 115 contributions 18337 visits
HT/Optima conditionally approved concentration ceases 10 July 2021* With respect to the provisions under the Capital Market Act, OG 65/18 and 17/20, relating to making the inside information public and the Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April (...)

The German Competition Authority examines whether the acquisition of a CRM platform by a social media platform is subject to notification (Facebook / Kustomer)
German Competition Authority (Bonn)
Germany 432 contributions 109939 visits
Bundeskartellamt examines whether Facebook / Kustomer merger is subject to notification* The Bundeskartellamt has initiated a proceeding against Facebook to examine whether its planned acquisition of the start-up Kustomer falls under the scope of German merger control. Kustomer is based in New (...)

The EU Commission opens an in-depth investigation into a proposed merger between two genomics companies (Illumina / GRAIL)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
Mergers: Commission opens in-depth investigation into proposed acquisition of GRAIL by Illumina* The European Commission has opened an in-depth investigation to assess the proposed acquisition of GRAIL by Illumina, under the EU Merger Regulation. The Commission is concerned that the proposed (...)

The French Competition Authority clears a merger between three childrenswear and toy companies (Idkids / Kidiliz)
French Competition Authority (Paris)
France 726 contributions 379052 visits
The Autorité clears the acquisition of childrenswear and toy shops Catimini, Z and Kidiliz by the Idkids Group (Okaïdi, Jacadi and Oxybul)* The Idkids Group notified the Autorité de la concurrence of its plan to acquire shops in the Kidiliz Group, operated under the tradenames Catimini, K and (...)

The US FTC rescinds the 1995 policy statement that limited its ability to deter problematic mergers
US Federal Trade Commission (FTC) (Washington)
United States 153 contributions 37734 visits
FTC Rescinds 1995 Policy Statement that Limited the Agency’s Ability to Deter Problematic Mergers* Eliminating the policy statement restores a valuable tool to stop illegal mergers The Federal Trade Commission voted in an open Commission meeting to rescind a 1995 policy statement that made it (...)

The New Zealand Competition Authority clears a merger between a fire-rated doors and windows manufacturer and supplier (Assa Abloy / Fire Doors)
New Zealand Commerce Commission (Wellington)
New Zealand 147 contributions 21411 visits
Commission grants clearance for Assa Abloy NZ to acquire NZ Fire Doors* The Commerce Commission has granted clearance to ASSA ABLOY New Zealand Limited (Assa Abloy NZ) to acquire all of the shares in NZ Fire Doors Limited (NZFD). Both Assa Abloy NZ (through its subsidiary Pacific Door Systems (...)

The Spanish Competition Authority imposes a fine of 300,000 EUR on a company for failing to notify the purchase of a funeral home (Albia / Tanatorios Mostoles)
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27931 visits
The CNMC imposes a fine of 300,000 euros on Albia Gestión de Servicios, S.L.U, a subsidiary of the Santa Lucía group. The company failed to comply with its obligation to notify the CNMC of the purchase of the funeral home Tanatorios Móstoles, S.L. prior to the operation in 2019. This is a serious (...)

The Russian Competition Authority grants a retail company’s application to merge with a competitor subject to a number of strict limitations (Tander / Dixy)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54408 visits
FAS: MAgnit/Dixy merger is possible if a number of fundamental conditions are met* FAS issued the most strict order aimed at preventing creation of a unified network that occupies a dominant position The company undertakes to comply with the order, as well as to establish zero trade margins (...)

The Russian Competition Authority clears the merger of two petroleum and petrochemicals companies subject to a number of mandatory conditions (Sibur / Taif)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54408 visits
FAS: Sibur/Taif deal will be possible if a number of mandatory conditions are met* The conclusion of this transaction, subject to the fulfillment of all the conditions of the Authority’s order, will strengthen Russia’s position in the world market of petroleum products and petrochemicals, while (...)

The Russian Competition Authority refuses a merger of the largest two producers of crushed stone in the Siberian Federal District (NNK / Barzasskiy karyer)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54408 visits
FAS refused to agree on petition for the acquisition of Barzasskiy Kar’yer LLC* According to the FAS, the transaction might result in a restriction of competition in the crushed stone market The group of persons of Nacional’naya nerudnaya kompaniya JSC (NNK) is one of the largest producers of (...)

The Polish Competition Authority issues objections to the hypermarket chain’s acquisition of the right to commercial space used by its competitor (Kaufland Polska Markety / Wanship / E.Leclerc)
Polish Competition Authority (Warsaw)
Poland 107 contributions 19614 visits
Objections to the Kaufland - E.Leclerc concentration* President of UOKiK Tomasz Chróstny has issued objections to the acquisition by Kaufland Polska Markety of the right to commercial space used by the E.Leclerc hypermarket in Kielce. The transaction may lead to reduced competition in the local (...)

The Spanish Competition Authority fines a funeral services company for gun jumping (Albia / Tanatorios Mostoles)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45077 visits
Albia Gestión de Servicios, S.L.U. (Albia) failed to comply with the obligation to notify and get clearance from the CNMC prior to the acquisition of the funeral home Tanatorios Móstoles, S.L. before implementing the merger in 2019. Like most gun jumping cases prosecuted in Spain, the (...)

The UK Competition Authority finds in Phase I investigation that the proposed purchase of a multinational conglomerate’s passive UK telecoms infrastructure assets by the largest national independent telecommunications infrastructure supplier raises competition concerns (Cellnex / CK Hutchison)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90389 visits
Cellnex and CK Hutchison deal raises competition concerns* The CMA has found that Cellnex’s proposed purchase of CK Hutchison’s UK passive telecoms infrastructure assets raises competition concerns. Cellnex is an independent supplier of telecommunications infrastructure, currently active across (...)

The French Competition Authority clears a merger between two insurance operators active in the non-life and personal insurance, savings, and asset management markets (Aéma / Aviva)
French Competition Authority (Paris)
France 726 contributions 379052 visits
The Autorité de la concurrence clears the acquisition of Aviva France by the Aéma Group (Macif)* On 24 June 2021, the Aéma Group notified the Autorité de la concurrence of its plan to acquire sole control of the insurance company Aviva France. Parties to the transaction The Aéma Group and Aviva (...)

The EU Commission clears the merger between two insurance companies subject to conditions (Aon / Willis Towers Watson)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
Mergers: Commission clears acquisition of Willis Towers Watson by Aon, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Willis Towers Watson (‘WTW’) by Aon. The approval is conditional on full compliance with a substantial set of (...)

The Dutch Competition Authority confirms an increase in the number of mergers that require further investigation due to potential effect on competition Free
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33170 visits
ACM sees more and more mergers with anticompetitive risks* The Netherlands Authority for Consumers and Markets (ACM) has seen an increase in the number of mergers that require further investigation because of possible risks for the mergers having negative consequences. At the moment, ACM is (...)

The Japanese FTC publishes its annual mergers report, highlighting a reduction in merger notices
Japan Fair Trade Commission (Tokyo)
Japan 129 contributions 22968 visits
The status of notifications regarding business combinations and the results of reviews of major business combinations in fiscal year 2020* When acquisitions of shares, interlocking directorates, mergers, splits, joint share transfers, and acquisitions of business, etc. (hereinafter the (...)

The Irish Competition Authority clears a merger between two nursing homes companies subject to conditions (Orpea / Firstcare)
Irish Competition Authority (Dublin)
Ireland 91 contributions 14697 visits
CCPC requires commitment from Orpea to acquire six Firstcare nursing homes* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a binding commitment, the proposed acquisition by Orpea S.A.* (Orpea) of six Firstcare nursing homes. Orpea provides residential and (...)

The Hungarian Competition Authority investigates a merger between two companies engaged in the wholesale of electrical products affecting the construction sector (Sonepar Magyarország Kereskedelmi és Szolgáltató / Újfa-Vill Kereskedelmi)
Hungarian Competition Authority (Budapest)
Hungary 89 contributions 18121 visits
The GVH is investigating a foreign acquisition in the construction industry* The Hungarian Competition Authority (GVH) has initiated a proceeding to investigate a merger of undertakings engaged in the wholesale of electrical products, which affects construction industry development projects as (...)

The Canadian Competition Authority reaches an agreement with a national cooperative federation and a fertilizer retailer on their proposed joint venture subject to divestments (FCL / Blair’s)
Canadian Competition Bureau (Gatineau)
Canada 62 contributions 9051 visits
Competition Bureau reaches agreement with Federated Co-operatives Limited and Blair’s on their proposed joint venture* The Competition Bureau announced today that it has reached an agreement with Federated Co-operatives Limited (FCL) and Blair’s Family of Companies related to their proposed (...)

The Japanese FTC publishes its annual mergers report which reveals its active enforcement and continued focus on digital markets
Baker McKenzie (Tokyo)
Japan 3 contributions 2548 visits
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Baker McKenzie (Tokyo)
Japan 1 contribution 174 visits
The latest FY2020 report shows active merger enforcement by the Japan Fair Trade Commission ("JFTC"), despite a decline in filings in a year impacted by the COVID-19 pandemic. Notably: 266 merger control filings were submitted, a decrease of 14% as compared to the previous year (310 filings for (...)

The Papua New Guinea Competition Authority set to approve the joint operating and code-share agreement between two domestic airlines (Link / PNG Air)
Independent Consumer and Competition Commission - Papua New Guinea (Port Moresby)
Papua New Guinea 14 contributions 363 visits
ICCC Proposes to Approve the Proposed Code-share Agreement between Link PNG Limited and PNG Air Limited* The Independent Consumer and Competition Commission (“ICCC”) would like to announce to all relevant stakeholders and the general public that it has released its Draft Determination for the (...)

The UK Takeover Panel updates the Takeover Code provisions with special focus on regulatory and merger conditions applicable to takeover offers
Herbert Smith Freehills (London)
United Kingdom 3 contributions 1653 visits
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Herbert Smith Freehills (London)
United Kingdom 2 contributions 1365 visits
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Herbert Smith Freehills (London)
United Kingdom 3 contributions 1653 visits
…
Changes to the Takeover Code provisions on conditions to an offer, particularly those relating to regulatory / merger control clearance, and the offer timetable take effect today, Monday 5 July 2021. The revised rules apply to all firm offers which are announced (Rule 2.7 announcement) on or (...)

The Lithuanian Competition Authority clears a merger between two companies in the agricultural and food manufacturing sector (Linas Agro Group / Kauno grudai)
Lithuanian Competition Authority (Vilnius)
Lithuania 1 contribution 40 visits
Linas Agro Group will be able to acquire 100 per cent of the shares of companies “TABA Holding” and “Kormoprom invest”, 85,9073 per cent of the shares of company “Kauno grūdai”, 87,6078 per cent of the shares of company “Vilniaus paukštynas”, 91,5467 per cent of the shares of company “Kaišiadorių (...)

The Latvian Competition Authority approves the merger between two national film screening companies (Apollo Kino / Forum Cinemas Latvia)
Latvian Competition Council (Riga)
Latvia 116 contributions 22670 visits
CC allows owner of “Apollo Kino” to buy OÜ “Forum Cinemas Latvia”* On June 3, the Competition Council (CC) adopted a decision to allow OÜ “MM Grupp”, a company registered in Estonia, representing several companies in Latvia, incl. Ltd. “Apollo Kino”, to acquire another company registered in Estonia, OÜ (...)

The EU Commission opens an in-depth investigation into proposed merger between two cargo handling services companies (Cargotec / Konecranes)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
Mergers: Commission opens in-depth investigation into proposed merger of Cargotec and Konecranes* The European Commission has opened an in-depth investigation to assess the proposed merger of Cargotec Corporation (‘Cargotec’) and Konecranes Plc (‘Konecranes’) under the EU Merger Regulation. The (...)

The Turkish Competition Authority conditionally clears a merger of two online ticket selling platforms active in bus and flight excursions market (Biletal / Obilet)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 161 contributions 73520 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 4 contributions 523 visits
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Erdem & Erdem (Istanbul)
Turkey 2 contributions 308 visits
The Turkish Competition Authority (the "Authority") published its Obilet/Biletal decision where it conditionally approved the acquisition of Biletal İç ve Dış Ticaret A.Ş.’s (“Biletal”) sole control by Obilet Bilişim Sistemleri A.Ş. (“Obilet”) and decided that the proposed transaction would not result in (...)

The US DoJ announces that two automotive-parts suppliers will restructure their merger in light of competition concerns (Tupy / Teksid)
US Department of Justice (Washington)
United States 163 contributions 67788 visits
Major International Automotive-Parts Suppliers Restructure Deal to Resolve Antitrust Concerns* Auto parts supplier Tupy agreed to restructure its acquisition of Teksid after the Department of Justice raised concerns that the merger would result in higher prices and reduced quality and (...)

The Dutch Competition Authority clears a merger of two elderly care providers (Vrijwaard / Omring)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33170 visits
ACM: elderly care provider Omring meets conditions attached to acquisition of rival provider Vrijwaard* Elderly care provider Omring has received clearance needed to complete the acquisition of rival provider Vrijwaard in the northern Dutch city of Den Helder. With the sale of the care (...)

The Chinese State Administration for Market Regulation issues a decision requiring parties to a merger to revert to pre-merger status and restore “market competition status” due to failure to file a merger notification (Tencent / CMC)
K&L Gates (Hong Kong)
Hong Kong 1 contribution 106 visits
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K&L Gates (Shanghai)
China 1 contribution 106 visits
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K&L Gates (Hong Kong)
Hong Kong 1 contribution 106 visits
…
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 24 July 2021, the State Administration for Market Regulation (SAMR) of the People’s Republic of China (PRC) made and announced an administrative penalty (...)

State Aid

 The EU Commission gives the green light to a new synthetic securitization product under the European Guarantee Fund to further support SMEs affected by the Covid-19 pandemic in 22 Member States Free
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
State aid: Commission gives green light to new synthetic securitisation product under the European Guarantee Fund to further support SMEs affected by the coronavirus outbreak in 22 Member States* The European Commission approved, under EU State aid rules, the introduction of a new product in (...)

The EU Commission approves a €550M German support measure to compensate a national railway company for damages suffered by its subsidiary due to the Covid-19 pandemic (Deutsche Bahn / DB Fernverkehr) Free
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
State aid: Commission approves €550 million German support to compensate Deutsche Bahn for damages suffered by its subsidiary DB Fernverkehr due to the coronavirus outbreak* The European Commission has found a €550 million German support measure in favor of Deutsche Bahn AG (“Deutsche Bahn”) to (...)

The EU Commission approves a €430 million Italian scheme to compensate ski lift operators for damages suffered due to the Covid-19 pandemic Free
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
State aid: Commission approves €430 million Italian scheme to compensate ski lift operators for damages suffered due to coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €430 million Italian measure to compensate ski lift operators for the damages suffered (...)

The EU Commission approves Czechia’s map for granting regional aid from 1 January 2022 to 31 December 2027
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
State aid: Commission approves 2022-2027 regional aid map for Czechia* The European Commission has approved under EU State aid rules Czechia’s map for granting regional aid from 1 January 2022 to 31 December 2027. The Czech regional aid map is the first map approved by the Commission within the (...)

The EU Commission approves German measures worth over €2.5B to support rail freight and passenger operators affected by the COVID-19 outbreak Free
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
State aid: Commission approves German measures worth over €2.5 billion to support rail freight and passenger operators affected by the coronavirus outbreak* The European Commission has approved, under EU State aid rules, two German schemes supporting the rail freight sector and the (...)

The EU Commission approves €525.3 million German aid in favor of an airline in the context of the COVID-19 pandemic (Condor) Free
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
State aid: Commission approves €525.3 million German aid in favour of airline Condor in context of coronavirus outbreak* The European Commission has found an aid package by Germany in favour of the airline Condor to be in line with EU State aid rules. The approval of the aid package, based on (...)

The EU Commission approves a €30.5 billion French scheme to support the production of electricity from renewable energy sources
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
State aid: Commission approves €30.5 billion French scheme to support production of electricity from renewable energy sources* The European Commission has approved, under EU State aid rules, a French aid scheme to support renewable electricity production. The measure will help France achieve (...)

The EU Commission approves a €800 million Italian scheme to compensate airports and ground-handling operators for the damage suffered due to the COVID-19 pandemic Free
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
State aid: Commission approves €800 million Italian scheme to compensate airports and ground-handling operators for the damage suffered due to the coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €800 million Italian scheme to compensate airports and (...)

The EU Commission simplifies rules for aid combined with EU support and introduces new possibilities to implement aid measures supporting the twin transition and the recovery from Covid-19 pandemic Free
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
State aid: Commission simplifies rules for aid combined with EU support and introduces new possibilities to implement aid measures supporting the twin transition and the recovery from coronavirus pandemic* The European Commission adopted today an extension of the scope of the General Block (...)

The EU Commission adopts an extension of the scope of the General Block Exemption Regulation to include State aid measures which support economic recovery from COVID-19 in a sustainable way Free
Covington & Burling (Brussels)
Belgium 47 contributions 16969 visits
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Covington & Burling (Brussels)
Belgium 3 contributions 1560 visits
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Reed Smith (Brussels)
Belgium 1 contribution 312 visits
On 23 July 2021, the European Commission (“Commission”) adopted an extension of the scope of the General Block Exemption Regulation (“GBER”). The revised rules concern: Aid for projects funded via certain EU centrally managed programs under the new Multiannual Financial Framework; and Certain (...)

The EU Commission opens an in-depth investigation into the financing of Danish national post’s universal service obligation (Post Danmark)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
State aid: Commission opens in-depth investigation into financing of Post Danmark’s universal service obligation* The European Commission has opened an in-depth investigation to assess whether the compensation granted by Denmark to Post Danmark to fulfil its public service mission for the year (...)

The EU Commission approves a €1 billion Spanish recapitalisation scheme to provide debt and capital support to companies affected by the COVID-19 pandemic Free
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
State aid: Commission approves €1 billion Spanish recapitalisation scheme to provide debt and capital support to companies affected by the coronavirus outbreak* The European Commission has approved, under EU State aid rules, Spanish plans to set up a €1 billion recapitalisation fund that will (...)

The EU Commission opens an in-depth investigation into an arbitration award in favour of a private equity firm to be paid by Spain (Antin)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
State aid: Commission opens in-depth investigation into arbitration award in favour of Antin to be paid by Spain* The European Commission has opened an in-depth investigation in order to assess whether an arbitration award, to be paid by Spain in favour of Antin as compensation for the (...)

The EU Commission launches an in-depth investigation to assess whether the payment of an ICSID arbitral award in favour of Luxembourg and Dutch investors complies with EU rules on State aid (Antin)
Shearman & Sterling (London)
United States 28 contributions 13440 visits
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Shearman & Sterling (London)
United Kingdom 2 contributions 288 visits
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Shearman & Sterling (London)
United Kingdom 1 contribution 159 visits
…
Key Takeaways International investment protection is based on treaty obligations between sovereign states. State parties to those treaties enter into international obligations with one another for the protection of foreign investors and their investments—including the obligation to submit to (...)

The EU Commission approves a €1.2 billion rescue loan and opens an investigation into a €3.2 billion Portuguese further restructuring aid in favour of a national airline company (TAP)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
State aid: Commission approves €1.2 billion rescue loan; opens investigation into €3.2 billion Portuguese further restructuring aid in favour of TAP* By two separate decisions adopted today, the European Commission has (i) re-approved €1.2 billion rescue aid to Transportes Aéreos Portugueses SGPS (...)

The EU Court of Justice rejects an appeal filed by an airline company and provides further guidance on standing to challenge State aid decisions related to competing undertakings (Lufthansa)
Hogan Lovells (Brussels)
Belgium 36 contributions 6127 visits
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Van Bael & Bellis (Brussels)
Belgium 152 contributions 32841 visits
On 15 July 2021, the Court of Justice of the European Union (“ECJ” or “Court”) rejected the appeal filed by the German airline company Deutsche Lufthansa AG against the judgment of the General Court of 12 April 2019, Deutsche Lufthansa v Commission (Case T-492/15). The substance of the dispute (...)

The EU Commission approves €2.5 billion Italian scheme to support self-employed and healthcare professionals in the context of the COVID-19 pandemic Free
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
State aid: Commission approves €2.5 billion Italian scheme to support self-employed and healthcare professionals in context of coronavirus outbreak* The European Commission has approved a €2.5 billion Italian scheme to support self-employed individuals and certain healthcare professionals in the (...)

The EU General Court confirms that the aid granted by Austria to its national airline in order to compensate it for the damage resulting from the cancellation or rescheduling of its flights due to the COVID-19 pandemic is compatible with the internal market (Austrian Airlines / Laudamotion) Free
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 28596 visits
The General Court confirms that the aid granted by Austria to Austrian Airlines in order to compensate it for the damage resulting from the cancellation or rescheduling of its flights due to the COVID-19 pandemic is compatible with the internal market* That aid, having been deducted from the (...)

The EU General Court dismisses the application of two clothing manufacturers seeking to block the Commission from investigating tax rulings on transfer pricing (Nike / Converse)
McDermott Will & Emery (Brussels)
Belgium 36 contributions 8003 visits
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Allen & Overy (Brussels)
Belgium 22 contributions 4444 visits
On 14 July 2021, the GCEU dismissed the action brought by Nike and Converse against the EC decision to initiate a formal State aid investigation concerning certain advance tax rulings issued by the Dutch tax authorities for the benefit of Nike and Converse. Background In 2019, the EC decided (...)

The EU Commission approves a €750 million German State guarantee scheme for the travel insolvency fund in the context of the COVID-19 pandemic Free
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
State aid: Commission approves €750 million German State guarantee scheme for the Travel Insolvency Fund in the context of the coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €750 million German scheme in the form of a State guarantee for loans that may be (...)

The EFTA Surveillance Authority finds no State aid in Iceland’s additional funding of summer courses in 2020
EFTA Surveillance Authority (Brussels)
Belgium 131 contributions 26730 visits
ESA finds no state aid in Iceland’s additional funding of summer courses in 2020* The EFTA Surveillance Authority (ESA) has finalised looking into grants provided by Iceland to higher education institutions offering summer courses. It concludes that the measure, which was part of Iceland’s (...)

The EU Commission publishes the results of an evaluation of EU State aid rules for deployment of broadband networks
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
State aid: Commission publishes results of evaluation of EU State aid rules for deployment of broadband networks* The European Commission has published a Commission Staff Working Document summarising the results of an evaluation of the State aid rules for the deployment of broadband networks: (...)

The EFTA Surveillance Authority approves renewing support to large public events that are cancelled or downscaled due to the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
Belgium 131 contributions 26730 visits
COVID-19 pandemic: ESA approves renewing support to large public events that are cancelled or downscaled due to the pandemic* The EFTA Surveillance Authority (ESA) has today approved the renewal of a scheme offering compensation to organisers of large public events downscaled or cancelled as a (...)

The EFTA Surveillance Authority approves increased support to long-distance bus and passenger boat services in Norway until the end of 2021 due to the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
Belgium 131 contributions 26730 visits
COVID-19 Pandemic: ESA approves increased support to long-distance bus and passenger boat services in Norway until the end of 2021* The EFTA Surveillance Authority (ESA) has today approved the renewal of a support scheme to compensate losses incurred by operators of long-distance bus and (...)

The EU Commission opens in-depth investigation into €190 million Romanian support measures in favour of a national airline (TAROM)
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
State aid: Commission opens in-depth investigation into €190 million Romanian support measures in favour of TAROM* The European Commission has opened an in-depth investigation to assess whether Romanian support measures in favour of the airline TAROM would be in line with EU rules on State aid (...)

The EU Commission approves €39.7 million of Italian aid measures to compensate a national airline company for further damages suffered due to COVID-19 outbreak (Alitalia) Free
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
State aid: Commission approves €39.7 million of Italian aid measure to compensate Alitalia for further damages suffered due to coronavirus outbreak* The European Commission has found that an Italian aid measure of €39.7 million to support Alitalia is in line with EU State aid rules. This measure (...)

The EU Commission opens an investigation on State Aid granted by the Romanian government to an airline company (Tarom)
Romanian Competition Council (Bucharest)
Romania 137 contributions 24437 visits
The Investigation opened by European Commission in Tarom Case is a procedural step of State aid Assessment* The Romanian Government granted Tarom an individual rescue state aid, amounting Euro 36.7 million that was approved by the European Commission in February 2020, given that the company (...)

Procedures

 The Turkish Competition Authority concludes an investigation into the small household appliances sector with the first settlement decision under the newly introduced settlement procedure (Philips / Dünya Dış)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 161 contributions 73520 visits
After an investigation process of 8 months, the Turkish Competition Board (“Board”) announced on August 9, 2021 on its website that it has concluded the investigation with a settlement decision which constitutes the first example of the newly introduced settlement procedure by the Turkish (...)

The French Competition Authority revises its procedural notice on the method for determining fines after the transposition of the ECN+ Directive
French Competition Authority (Paris)
France 726 contributions 379052 visits
The Autorité de la concurrence revises its procedural notice on fines* Background The Autorité is today publishing a new procedural notice on the method for determining fines, which repeals and replaces the previous notice of 16 May 2011. This new notice was the subject of a public consultation (...)

The Australian Competition Authority appeals the Federal Court’s decision to dismiss the Competition Authority’s proceedings against port commitment deeds in New South Wales (NSW Ports)
Australian Competition and Consumer Commission (Canberra)
Australia 367 contributions 77999 visits
ACCC appeals in NSW Ports competition case* The ACCC has lodged an appeal against the Federal Court’s decision to dismiss the ACCC’s proceedings against NSW Ports Operations Hold Co Pty Ltd and its subsidiaries Port Botany Operations Pty Ltd and Port Kembla Operations Pty Ltd (together, NSW (...)

The EU Court of Justice hands down a judgment following a request for a preliminary ruling on the interpretation of Article 7(2) of 1215/2012 on the jurisdiction, recognition, and enforcement of judgments in civil and commercial matters (RH / Volvo)
Van Bael & Bellis (Brussels)
Belgium 10 contributions 5754 visits
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Van Bael & Bellis (Brussels)
Belgium 32 contributions 6721 visits
On 15 July 2021, the Court of Justice of the European Union (“ECJ”) handed down a judgment following a request for a preliminary ruling on the interpretation of Article 7(2) of 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (“Brussels (...)

The German Federal Court of Justice decides that the bundling of claims was admissible through a legal service provider causing the judgment to receive a lot of attention from the competition litigation community (Air Berlin)
Hogan Lovells (Munich)
Germany 3 contributions 1120 visits
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Hogan Lovells (Munich)
Germany 21 contributions 3612 visits
Germany up to this point does not offer claimants a true US- or UK-style class action regime – a situation that is felt especially in the context of seeking compensation for cartel damages. Claimants have therefore found other ways to join forces and bundle their claims. The most notable method (...)

The Indian Competition Authority relaxes signing rules for pleadings to include any employee authorized by the company board
Shardul Amarchand Mangaldas (New Delhi)
France 63 contributions 18017 visits
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Shardul Amarchand Mangaldas (New Delhi)
United States 66 contributions 19997 visits
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Shardul Amarchand Mangaldas (New Delhi)
France 66 contributions 18921 visits
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Regulation 11 of the Competition Commission of India (General) Regulations specify the signatories for an information or a reference to, or a reply to a notice or direction issued by, the CCI. In the case of a company, such pleadings shall be signed by the Managing Director or, in his or her (...)

The EU Court of Justice AG Szpunar considers that the General Court erred in law in concluding that the Commission was not competent to examine, in light of the law on State aid, compensation paid by Romania following an arbitral award (Micula)
European Court of Justice (Luxembourg)
Luxembourg 326 contributions 94321 visits
According to Advocate General Szpunar, the General Court erred in law in concluding that the Commission was not competent to examine, in the light of the law on State aid, compensation paid by Romania following an arbitral award* Arbitration proceedings initiated on the basis of a bilateral (...)

The US FTC holds its first Commission meeting since the appointment of a new Chair and signals aggressive antitrust policy as part of the Government’s pro-enforcement agenda
Jones Day (Washington)
United States 19 contributions 3550 visits
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Jones Day (San Francisco)
United States 5 contributions 3102 visits
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Jones Day (Houston)
United States 33 contributions 15416 visits
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In Short The Situation: The Federal Trade Commission ("FTC"), which now has a 3-2 Democrat majority, held its first Commission meeting since President Biden appointed a new Chair, Lina M. Khan. The Commissioners voted on a number of measures that signal important changes from prior agency (...)

The Russian Supreme Court supports the Competition Authority’s decision against the regional municipal solid waste operator of the Tambov region after it was found that the company prevented the access of other companies to the market (Tambovskaya setevaya kompaniya)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54408 visits
Court of Appeal supported decision of the FAS against Tambov Regional Operator* Tambovskaya setevaya kompaniya JSC, occupying a dominant position in the MSW transportation market, has limited the number of potential auction bidders for the collection and transportation of waste. The court of (...)

The US FTC holds an open meeting and adopts several significant proposals that lay the groundwork for what is expected to be an active, expansionist enforcement and rulemaking program at the agency
Covington & Burling (Washington)
United States 8 contributions 3615 visits
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Jones Day (Brisbane)
Australia 2 contributions 253 visits
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Covington & Burling (Washington)
United States 21 contributions 1587 visits
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In her first public action, a mere 16 days after her confirmation and swearing-in as Chair of the Federal Trade Commission (FTC), on July 1, 2021, Lina Khan led a public, open meeting of the Commission to adopt several significant proposals that lay the groundwork for what is expected to be an (...)

Regulatory

 The Regional Court of Constance, Germany issues a decision which confirms that information on how climate neutrality is attainted must be explained by market players who advertise with climate neutral claims
Wettbewerbszentrale (Bad Homburg)
2 contributions 36 visits
The term ’climate neutral’ in advertising must be explained according to the Wettbewerbszentrale. First court decisions have confirmed its demand for more transparency in this regard. This is the intermediate conclusion drawn by the industry’s self-regulatory institution for fair competition, now (...)

The Mexican Competition Authority urges the national energy regulator to respect the process in force when setting the price for liquified petroleum gas
Mexican Competition Authority (Mexico City)
Mexico 128 contributions 24948 visits
COFECE urges the Energy Regulatory Commission to respect the process established in the regulation in force to set price regulation for LP Gas* The involved authorities must guarantee due process in accordance with the regulatory framework in force, to avoid challenges that delay the objective (...)

The US FTC issues a policy statement announcing increased antitrust and consumer protection enforcement against repair restrictions by manufacturers in numerous sectors
DLA Piper (Washington)
United States 2 contributions 307 visits
A newly announced change in Federal Trade Commission (FTC) policy could have dramatic implications for the ways manufacturers of everything from cell phones to cars draft warranties, design products, and distribute replacement parts. Specifically, the FTC has set its sights on repair (...)

The UK Government announces the date of the coming into operation of the National Security and Investment Act, one of the most wide-ranging regimes for review of investments on national security grounds in the world
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 32 contributions 36728 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 37 contributions 37263 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 9 contributions 1481 visits
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On 20 July 2021, the UK Government announced that the National Security and Investment Act 2021, which was passed on 29 April 2021, will come into force on 4 January 2022. This new regime for review of investments on national security grounds will be among the most wide-ranging in the world. It (...)

The UK government announces the date on which the National Security and Investment Act will enter into force
Morgan Lewis (London)
United Kingdom 25 contributions 9409 visits
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Morgan Lewis (London)
United Kingdom 12 contributions 5359 visits
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Morgan Lewis (London)
United Kingdom 8 contributions 1484 visits
The UK government announced on 20 July that the National Security and Investment Act will enter into force on 4 January 2022. This act introduces mandatory filings for certain investments raising national security concerns, grants the UK government extensive call-in powers for up to five years (...)

The UK Government confirms the commencement date and scope of the National Security and Investment Act
Covington & Burling (London)
United Kingdom 15 contributions 3835 visits
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Covington & Burling (London)
United Kingdom 5 contributions 1340 visits
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Covington & Burling (London)
United Kingdom 11 contributions 2350 visits
The UK Government has announced that the National Security & Investment Act (“NSIA”) will come into force on January 4, 2022. The NSIA introduces mandatory notification and pre-clearance requirements for certain qualifying acquisitions of control of companies active in 17 ‘core’ sectors. The (...)

The UK Government introduces the National Security & Investment Act enhancing its power to review foreign investments
Covington & Burling (London)
United Kingdom 15 contributions 3835 visits
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Covington & Burling (London)
United Kingdom 5 contributions 1340 visits
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Covington & Burling (London)
United Kingdom 11 contributions 2350 visits
The UK Government has announced that the National Security & Investment Act (“NSIA”) will come into force on January 4, 2022. The NSIA introduces mandatory notification and pre-clearance requirements for certain qualifying acquisitions of control of companies active in 17 ‘core’ sectors. The (...)

The UK Government announces the date on which the investment-screening regime envisaged by the National Security and Investment Act will come into operation
White & Case (London)
United Kingdom 25 contributions 12675 visits
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White & Case (London)
United Kingdom 11 contributions 2681 visits
Having received Royal Assent on 29 April 2021, the Secretary of State for Business Energy and Industrial Strategy ("SoS") has announced that the investment-screening regime envisaged by the National Security and Investment Act 2021 ("NSIA") will become operational from 4 January 2022. The (...)

The UK Government announces the commencement date of the substantive provisions of the National Security and Investment Act and publishes guidance for businesses
Herbert Smith Freehills (London)
United Kingdom 23 contributions 7986 visits
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Herbert Smith Freehills (London)
United Kingdom 2 contributions 421 visits
On 20 July 2021, the UK Government announced the commencement date of the substantive provisions of the National Security and Investment Act 2021 (the “Act“), and published new guidance for business on the requirements of the Act, new Draft Notifiable Acquisition Regulations, and a new (...)

The Spanish Competition Authority calls on the national football federation to amend its proposal for commercializing the audiovisual rights of the new "Primera RFEF" category (RFEF)
Spanish Competition Authority (CNMC) (Madrid)
Spain 126 contributions 27931 visits
The CNMC calls on the Royal Spanish Football Federation (RFEF) to amend their proposal for commercialising the audiovisual rights of the new "Primera RFEF" category The document breaches several requirements set out in Royal Decree-Act 5/2015. It affects the commercialisation of the rights in (...)

The South African Government publishes a block exemption for the supply of essential goods
Primerio (Johannesburg)
South Africa 3 contributions 461 visits
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Linklaters (London)
United Kingdom 7 contributions 4039 visits
South Africa: Exemptions to Aid Consumers During and After Riots* On 15 July 2021, Ebrahim Patel, the Minister of Trade Industry and Competition, published a block exemption for the supply of essential goods (“Exemption”), which came into effect on the day of publication and is granted until 15 (...)

The Russian Government approves the first national concept of long-term tariff regulation which will apply to housing services, waste management, gas and electricity supply, telecommunications and rail transport
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54408 visits
Government approved the first Russian concept of long-term tariff regulation* It will apply to housing and communal services, waste management, electricity supply, gas supply, telecommunications and rail transport To implement the instructions of the President of the Russian Federation the (...)

The US President Joe Biden signs an executive order instructing more than a dozen federal agencies to promptly tackle some of the most pressing competition problems across the national economy
White & Case (Washington)
United States 46 contributions 26387 visits
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White & Case (Washington)
United States 30 contributions 18257 visits
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White & Case (New York)
United States 11 contributions 5653 visits
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A new Executive Order signed by President Biden includes 72 initiatives instructing more than a dozen federal agencies, including the US Department of Justice and the Federal Trade Commission, to, according to the White House’s Fact Sheet, "promptly tackle some of the most pressing competition (...)

The US President Joe Biden signs an executive order which includes 72 initiatives aimed at enhancing competition and a directive encouraging the FTC to ban or limit employee non-compete agreements
White & Case (Washington)
United States 46 contributions 26387 visits
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White & Case (Washington)
United States 12 contributions 3468 visits
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White & Case (New York)
United States 7 contributions 2559 visits
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On Friday, July 9, 2021, President Biden signed Executive Order 14036, Promoting Competition in the American Economy, which includes—among 72 initiatives aimed at enhancing competition in the US—a directive encouraging the Federal Trade Commission to ban or limit employee non-compete agreements. (...)

The Irish Competition Authority welcomes the publication of the Consumer Protection Bill which brings in additional regulation and consumer protections across newer and emerging credit products and companies
Irish Competition Authority (Dublin)
Ireland 91 contributions 14697 visits
CCPC welcomes the publication of the Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021* The Competition and Consumer Protection Commission (CCPC) welcomes the publication of the Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) (...)

The EU Commission publishes for public consultation drafts of revised Vertical Block Exemption Regulation and revised Guidelines on vertical restraints
White & Case (London)
United Kingdom 25 contributions 12675 visits
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White & Case (Düsseldorf)
France 31 contributions 12704 visits
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White & Case (Brussels)
Belgium 49 contributions 37035 visits
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On 9 July 2021, the European Commission (EC) published for public consultation a draft revised Vertical Block Exemption Regulation (VBER) and draft revised guidelines on vertical restraints (Vertical Guidelines). The EC has made substantial revisions, including adjustments to the rules (...)

The US President Joe Biden signs an executive order on promoting competition in the American economy, aimed at the healthcare industry
Clifford Chance (Washington)
United States 5 contributions 2006 visits
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Hogan Lovells (Washington)
United States 4 contributions 1426 visits
On 9 July 2021, President Biden signed an Executive Order on Promoting Competition in the American Economy (“EO”) that takes aim, in part, at the healthcare industry. Although the EO is intended to promote competition across several industries, it affirms the Biden Administration’s policy of (...)

The EU Commission publishes the draft revised Vertical Block Exemption Regulation and draft revised Guidelines on Vertical Restraints
Van Bael & Bellis (Brussels)
France 163 contributions 55164 visits
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Van Bael & Bellis (Brussels)
Belgium 46 contributions 11297 visits
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Van Bael & Bellis (Brussels)
Belgium 36 contributions 10456 visits
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On 9 July 2021, the European Commission (“Commission”) published the draft revised Vertical Block Exemption Regulation (“Draft VBER”) and draft revised guidelines on vertical restraints (“Draft VGL”), a key step in the context of the revision of the current regime governing vertical agreements, set (...)

The EU Commission publishes drafts of the updated Vertical Block Exemption Regulation and the accompanying guidelines
Bird & Bird (The Hague)
Netherlands 34 contributions 8336 visits
On 9 July 2021, the European Commission published its long-awaited drafts of the updated Vertical Block Exemption Regulation (“VBER”) and the accompanying Guidelines. The drafts are the result of an in-depth evaluation process that started in October 2018. The evaluation showed that many consider (...)

The US President Joe Biden issues an executive order to promote competition in the American economy that includes 72 initiatives targeting the labor, healthcare, agriculture, transportation, internet service, technology, banking, and consumer finance sectors
Covington & Burling (Washington)
United States 16 contributions 10626 visits
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Covington & Burling (Washington)
United States 5 contributions 1195 visits
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Covington & Burling (Washington)
United States 8 contributions 3615 visits
President Biden today signed an expansive Executive Order to promote competition that includes 72 initiatives targeting the labor, healthcare, agriculture, transportation, internet service, technology, and banking and consumer finance sectors. In the Order, President Biden calls on the (...)

The EU Commission issues draft revisions to its Vertical Block Exemption Regulation and Vertical Guidelines
Jones Day (Brussels)
Belgium 17 contributions 8563 visits
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Jones Day (Paris)
France 29 contributions 24887 visits
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Jones Day (Frankfurt)
Germany 13 contributions 3494 visits
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In Short The Background: The European Commission ("Commission") recently unveiled long-awaited draft revisions to its Vertical Block Exemption Regulation ("VBER") and Vertical Guidelines. The VBER includes safe harbors that exempt some agreements in the vertical supply chain from antitrust (...)

The US President Joe Biden signs an executive order on promoting competition in the American economy
Jones Day (Chicago)
United States 1 contribution 540 visits
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Jones Day (Washington)
United States 2 contributions 820 visits
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Jones Day (Washington)
United States 19 contributions 3550 visits
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In Short The Situation: President Biden recently signed an Executive Order on Promoting Competition in the American Economy (the "Order") outlining 72 initiatives by more than a dozen federal agencies to combat "excessive" corporate consolidation and increase competition across the U.S. (...)

The EU Commission seeks public comments on draft revised Vertical Block Exemption Regulation and vertical restraints guidelines
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 37 contributions 37263 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 9 contributions 2357 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 17 contributions 19395 visits
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The European Commission (“EC”), on July 9, 2021 [1], published its long-anticipated proposed update of the Vertical Block Exemption Regulation [2] (“VBER”) and the corresponding draft Vertical Restraints Guidelines (“Vertical Guidelines”) [3] for public consultation and comment by September 17, 2021 (...)

The US President Joe Biden publishes an executive order containing 72 initiatives to address competition concerns in several industries, including pharmaceuticals, biotech, and healthcare
White & Case (New York)
United States 6 contributions 1804 visits
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White & Case (New York)
United States 7 contributions 2559 visits
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White & Case (Washington)
United States 12 contributions 3468 visits
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Citing concerns about growing consolidation, reduced competition, and increasing prices, President Biden issued on July 9, 2021 a sweeping Executive Order containing 72 initiatives to address competition concerns in a number of industries, including pharmaceuticals, biotech, and healthcare. In (...)

The US President Joe Biden signs an executive order containing 72 initiatives seeking to coordinate the federal government’s response to what it sees as pressing competition issues and the threat in the rise of large corporations
Allen & Overy (Palo Alto)
United States 17 contributions 13352 visits
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White & Case (Boston)
United States 8 contributions 2556 visits
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White & Case (Washington)
United States 12 contributions 3791 visits
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Calls for changes to antitrust law, and how antitrust laws should be applied to the conduct of large technology companies, have been heating up in recent years. Now, the push for wide-scale changes to antitrust law has reached a boiling point. Indeed, President Biden’s sweeping July 9, 2021 (...)

The EU Commission publishes its draft reform of the Vertical Block Exemption Regulation, including revised Guidelines on Vertical Restraints while focusing mainly on the digital economy
Linklaters (Düsseldorf)
Germany 1 contribution 304 visits
Revamp of the EU’s Rules on Vertical Agreements: It’s About the (Digital) Economy, Stupid!* Just before the summer break, the European Commission (“Commission”) continues to tick off its To-Do-List, adding an important checkmark in its efforts to modernise the current set of rules in various areas (...)

The US President Joe Biden signs an executive order aimed at promoting competition in the American economy using antitrust laws
Shearman & Sterling (Washington)
United States 5 contributions 2372 visits
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Shearman & Sterling (Washington)
United States 15 contributions 4551 visits
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Shearman & Sterling (Washington)
United States 20 contributions 12181 visits
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What This Means for Merger Enforcement, Technology Platforms, Healthcare, Banking and Consumer Finance and Labor Markets On Friday, July 9, 2021, President Biden signed a sweeping Executive Order (and provided an accompanying FACT Sheet) with the stated goal of using existing antitrust laws (...)

The EU Commission invites interested parties to provide comments on draft revised Vertical Block Exemption Regulation and vertical guidelines
European Commission - DG COMP (Brussels)
Belgium 1293 contributions 2691431 visits
Antitrust: Commission invites interested parties to provide comments on draft revised Vertical Block Exemption Regulation and Vertical Guidelines* The European Commission has launched today a public consultation inviting all interested parties to comment on the draft revised Vertical Block (...)

The US President Joe Biden signs an executive order encouraging the US FTC to address anticompetitive restrictions on third-party repair or self-repair of items
DLA Piper (Washington)
United States 2 contributions 307 visits
A newly announced change in Federal Trade Commission (FTC) policy could have dramatic implications for the ways manufacturers of everything from cell phones to cars draft warranties, design products, and distribute replacement parts. Specifically, the FTC has set its sights on repair (...)

The US President Joe Biden issues an executive order on promoting competition in the American economy calling on the DoJ and FTC to enforce the antitrust laws vigorously
Bona Law (San Diego)
United States 13 contributions 6088 visits
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Bona Law (Detroit)
United States 23 contributions 5280 visits
Antitrust Political Developments: Biden Administration Issues Executive Order on Competition and Congress Proposes Six New Antitrust Bills* This month President Biden issued the Executive Order on Promoting Competition in the American Economy (the “Order”). The Order aims to reduce the trend of (...)

The US President Joe Biden issues an executive order on antitrust enforcement following the FTC’s promotion of competition in aftermarkets for repairs
Constantine Cannon (Washington)
United States 4 contributions 665 visits
The FTC’s Promotion of Competition in Aftermarkets for Repairs Gets a Boost From Biden’s Executive Order on Antitrust Enforcement* President Biden’s Executive Order on Promoting Competition in the American Economy, which seeks to invigorate antitrust enforcement, already appears to bearing fruit (...)

The US President Joe Biden issues an executive order which articulates the administration’s broad antitrust policy and instructs antitrust agencies to increase enforcement to prevent a rise in consumer prices and competitive harm in labor markets
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 16 contributions 2480 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 19 contributions 6123 visits
Takeaways Under the Biden administration’s “whole-of-government” approach to promoting competition, a range of agencies outside the DOJ and FTC have been asked to use their authority to reform markets. Wide-ranging procedural changes at the FTC have expanded its review powers and complicated (...)

The US President Joe Biden issues sweeping executive order targeting corporate consolidation and anticompetitive activity in the labor, financial services, healthcare, transportation, telecommunications, agricultural, and tech markets
Hogan Lovells (Washington)
United States 1 contribution 715 visits
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Hogan Lovells (Washington)
United States 1 contribution 715 visits
,
Hogan Lovells (Washington)
United States 1 contribution 715 visits
…
On 9 July 2021 President Biden signed a far-reaching executive order intended to promote competition in the American economy. The order targets perceived corporate consolidation and anticompetitive activity in the labor, financial services, health care, transportation, telecommunications, (...)

The US President Joe Biden signs a sweeping executive order to promote competition, including the formation of the White House Competition Council, and directs federal agencies to crack down on anticompetitive practices and concentrated markets
Constantine Cannon (New York)
United States 3 contributions 2108 visits
Antitrust enforcement in the United States could be reinvigorated to an extent not seen in decades as a result of President Biden’s sweeping executive order on “Promoting Competition in the American Economy” (the “Order”), which aims to enhance business competition, curb corporate dominance, and (...)

The US President Joe Biden signs an executive order seeking to increase competition in industries including Big Tech, healthcare and agriculture with 72 specific initiatives
Linklaters (New York)
United States 4 contributions 10159 visits
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Linklaters (New York)
United States 3 contributions 546 visits
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Linklaters (New York)
United States 1 contribution 69 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On July 9, 2021 the White House released President Biden’s “Executive Order on Promoting Competition in the American Economy”. The Order’s purview stretches beyond (...)

The EU Commission publishes drafts of revised Vertical Block Exemption Regulation and Vertical Guidelines
Herbert Smith Freehills (Brussels)
Belgium 108 contributions 68672 visits
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Herbert Smith Freehills (Düsseldorf)
Germany 14 contributions 4125 visits
,
Herbert Smith Freehills (London)
United Kingdom 55 contributions 19924 visits
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On 9 July 2021, following a comprehensive consultation process, the EU Commission (Commission) published its proposals for a revised Vertical Block Exemption Regulation (Draft VBER) and Draft Vertical Guidelines, due to replace the current regime which expires on 31 May 2022. The previous (...)

The EU Commission consults on new competition rules for vertical agreements
Hogan Lovells (Brussels)
Belgium 1 contribution 200 visits
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King & Spalding (Brussels)
Belgium 8 contributions 1590 visits
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King & Spalding (Brussels)
Belgium 10 contributions 4923 visits
The European Commission has invited interested parties to comment on the revised competition rules applicable to vertical arrangements under the Vertical Block Exemption Regulation and the Vertical Guidelines. It comes as no surprise that the new draft rules, due to enter into force in June (...)

The US President Joe Biden issues an executive order affirming his administration’s policy of enforcing the antitrust laws to “combat the excessive consolidation of industry” and encourages enforcers to address hospital consolidation
McDermott Will & Emery (Chicago)
United States 10 contributions 2361 visits
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McDermott Will & Emery (Chicago)
United States 1 contribution 184 visits
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5 contributions 973 visits
INTRODUCTION President Biden recently issued an executive order affirming his administration’s policy of enforcing the antitrust laws to “combat the excessive consolidation of industry” and cited healthcare markets as one of several priorities. The Federal Trade Commission (FTC) and the US (...)

The Mexican Competition Authority shares an informative note on the work it is carrying out to promote greater competition in the liquefied petroleum gas market
Mexican Competition Authority (Mexico City)
Mexico 128 contributions 24948 visits
Informative note on the work of COFECE in the LP gas market* The Mexican Federal Economic Competition Commission (COFECE or Commission) shares the concern of the citizens and of the Federal Executive Branch about offering quality energy at the best possible prices in Mexico. In fact, the (...)

The Russian Competition Authority and the Government work out amendments to the draft law to optimize antimonopoly control of SMEs
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54408 visits
Draft law to optimize antimonopoly control of small and medium-sized businesses* The proposed amendments will raise the threshold of the antimonopoly control from 400 to 800 million rubles To implement the instructions of the President of the Russian Federation and the Government of Russia, (...)

The Dutch Competition Authority confirms that the COVID-19 pandemic has no negative effect on net neutrality Free
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33170 visits
ACM: COVID-19 pandemic does not cause problems for open internet* In Europe, internet providers must treat internet traffic in a non-discriminatory manner, enabling the Internet to grow and evolve freely and independently. That means, for example, that they are not allowed to block or (...)

The Dutch Competition Authority closes its investigation into payment apps and calls for amending the European rules for payments services
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33170 visits
Closure of the investigation into payment apps confirms need for new rules* The Netherlands Authority for Consumers and Markets (ACM) will close its investigation into payment apps’ access to NFC technology installed in devices such as smartphones. NFC technology offers the ability to make (...)

The Dutch Competition Authority closes a regulatory investigation into a payment apps’ access from a Big Tech company (Apple)
Bird & Bird (The Hague)
Netherlands 7 contributions 4154 visits
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Bird & Bird (The Hague)
Netherlands 34 contributions 8336 visits
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Bird & Bird (Sydney)
Australia 2 contributions 973 visits
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The Dutch competition authority (ACM) has decided to close its investigation into payment apps’ access to Apple’s Near-Field Communication (NFC) antenna. The ACM concludes that the EU Interchange Fee Regulation (IFR) does not provide a legal basis for its investigation. As Bird & Bird (...)

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