July 2021

General antitrust

The German Competition Authority presents the results of its sector inquiry into mobile apps which examines consumer rights
German Competition Authority (Bonn)
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 New Zealand Competition Authority releases 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)
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 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
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 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)
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)
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Van Bael & Bellis (Brussels)
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
DG COMP (Brussels)
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 (Madrid)
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)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (Dusseldorf)
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 Australian Competition Authority examines competition and consumer concerns with general online retail marketplaces (eBay / Amazon / Kogan / Catch)
Australian Competition and Consumer Commission (Canberra)
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 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)
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 Russian Competition Authority clarifies its process of reviewing economic entities’ antimonopoly compliance programs
Russian Federal Antimonopoly Service (Moscow)
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 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)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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 publishes a consultation on its proposals for a competition regime for digital markets
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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 consults the new digital competition regime and the establishment of the Digital Markets Unit
Bird & Bird (London)
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 UK Government publishes proposals for a new regulatory regime for digital markets alongside accompanying consultation documents
Covington & Burling (London)
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Covington & Burling (London)
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Covington & Burling (London)
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 (London)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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 its ambitious reform of national competition policy, including changes to allow 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)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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)
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Hogan Lovells (London)
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Hogan Lovells (London)
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 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)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 European Competition Network publishes a joint paper addressing the issue of the involvement of national competition authorities in the Digital Markets Act
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
The European Competition Network publishes a joint paper addressing the issue of the involvement of national competition authorities in the Digital Markets Act* The European Competition Network (ECN) publishes a joint paper of the heads of the national competition authorities (NCAs) of the (...)

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 Authority (Athens)
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 (The Hague)
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 Spanish Competition Authority publishes a study about the online advertising sector in which it identifies competition concerns
Bird & Bird (Madrid)
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 Swedish Competition Authority publishes a new method for determining the size of fines for competition infringements
Swedish Competition Authority (Stockholm)
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 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)
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Herbert Smith Freehills (Shanghai)
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Herbert Smith Freehills (Hong Kong)
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 Romanian Competition Authority assesses 4 digital sectors in order to evaluate their characteristics and impact on competition
Romanian Competition Council (Bucharest)
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 lapse of time and resulting difficulty to secure reliable witness testimonies (CDPP / CFMMEU)
Australian Competition and Consumer Commission (Canberra)
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 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)
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 US DoJ announces that a real estate investor pleaded guilty to rigging bids at foreclosure auctions (Yama Marifat)
US Department of Justice (Washington)
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 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)
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 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)
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 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)
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)
US Federal Trade Commission (FTC) (Washington)
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 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)
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 Hungarian Competition Authority initiates an accelerated sector inquiry on the national market of masonry elements
Hungarian Competition Authority (Budapest)
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)
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 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)
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 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)
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 Croatian Competition Authority imposes a fine on a company for using its strong bargaining power and imposing unfair trading practices on its chicken suppliers (Koka) New
Croatian Competition Agency (Zagreb)
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 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)
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Bird & Bird (Warsaw)
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 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)
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 proposes to develop systematic UN guidelines on international cooperation in order to counter cartels
Russian Federal Antimonopoly Service (Moscow)
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 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)
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)
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 French Competition Authority fines several eyewear brands and manufacturers for imposing selling prices and restrictions on online sales (Luxottica / LVMH / Chanel / Logo)
Autorité de la concurrence (Paris)
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)
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 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)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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 UK Competition Authority fines two drug companies for overcharging the National Health Service (Auden Mckenzie / Actavis)
United Kingdom’s Competition Authority - CMA (London)
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)
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)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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 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)
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 Danish Competition Authority fines an accounting services platform for fixing prices (Ageras)
Danish Competition and Consumer Authority (Copenhagen)
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 French Competition Authority indicates dawn raids have been carried out in the collection and use of pharmacy data sector
Autorité de la concurrence (Paris)
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 its long-awaited draft Vertical Agreement Block Exemption Regulation and accompanying Guidelines on Vertical Restraints
Bird & Bird (The Hague)
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Bird & Bird (London)
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Bird & Bird (Dusseldorf)
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 starts a consultation on the revised Vertical Block Exemption Regulation and Vertical Guidelines
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
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 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)
Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
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European Court of Justice (Luxembourg)
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)
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 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)
Bird & Bird (Rome)
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Bird & Bird (Rome)
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 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)
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Bird & Bird (Copenhagen)
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 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)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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 Brazilian Competition Authority fines multiple undertakings involved in a cartel in the market of rendering industry in Rio Grande do Sul
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
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 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 (Amazon / Apple)
Bird & Bird (Madrid)
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 (Madrid)
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)
Van Bael & Bellis (Brussels)
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 a possible anti-competitive behavior of undertakings operating in the archiving services market (Enterprise Software Development / All Businesses Management / Cityplan Studio)
Romanian Competition Council (Bucharest)
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 (...)

Unilateral Practices

The Mexican Competition Authority notifies an economic agent of a statement of probable responsibility for a possible relative monopolistic practice in the commercialisation, storage and transport of oil products
Mexican Competition Authority (Mexico City)
COFECE notifies an economic agent of a statement of probable responsibility for a possible relative monopolistic practice in the commercialization, storage and transport of oil products* With this notification of a statement of probable responsibility, the trial-like procedure initiates, in (...)

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)
United Kingdom’s Competition Authority - CMA (London)
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 imposes fines totaling more than £101 million on a pharmaceutical company for charging excessive and unfair prices for liothyronine tablets (Advanz)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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 UK Competition Authority fines a pharmaceutical company for overinflating the price of thyroid tablets (Advanz)
United Kingdom’s Competition Authority - CMA (London)
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 Hungarian Competition Authority launches an investigation into one of the largest domestic wholesalers of fishing products
Hungarian Competition Authority (Budapest)
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 Italian Competition Authority initiates non-compliance proceedings following the warning which required the company to cease the unfair practice in the highway infrastructures sector (Autostrade)
Italian Competition Authority (Rome)
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 Hungarian Competition Authority launches an investigation against a leading regional player on the gravel market
Hungarian Competition Authority (Budapest)
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 Dutch Competition Authority fines a medicine supplier almost €20 million for excessive pricing of a metabolic disorder medicine (Leadiant)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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 medicine supplier on account of excessive pricing (Leadiant)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
The Dutch competition authority, Autoriteit Consument & Markt (ACM), announced on Tuesday that it imposed a fine of EUR 19,569,500 on Leadiant which was found guilty of an abuse of dominant position by charging excessive prices for chenodeoxycholic acid Leadiant (“CDCA”), a medicine indicated (...)

The Dutch Competition Authority fines a national drug manufacturer for excessive pricing (Leadiant)
Netherlands Authority for Consumers & Markets (The Hague)
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 Dutch Competition Authority imposes a fine totaling €20 million on an orphan drug manufacturer for excessive pricing (Leadiant)
Bird & Bird (The Hague)
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Bird & Bird (The Hague)
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 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)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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 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)
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 UK Competition Authority consults on its market investigation into emergency services’ mobile radio network (Motorola / Airwave Solutions)
United Kingdom’s Competition Authority - CMA (London)
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 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)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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 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)
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Ashurst (Munich)
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 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)
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 (...)

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 (Arm / NVIDIA)
United Kingdom’s Competition Authority - CMA (London)
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 Polish Competition Authority objects to a merger between two national healthcare facilities (Lux Med / Lecznice Citomed)
Polish Competition Authority (Warsaw)
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 UK Competition Authority finds that the takeover of the largest provider of GIFs by the largest social media company raises competition concerns (Facebook / Giphy)
United Kingdom’s Competition Authority - CMA (London)
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 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 (Madrid)
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 Australian Competition Authority seeks views on a proposed merger between three payment platform companies (BPAY / eftpos / NPPA)
Australian Competition and Consumer Commission (Canberra)
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 New Zealand Competition Authority unconditionally clears a merger between two real estate online platforms after in-depth investigation (Trade Me / PropertyNZ)
New Zealand Commerce Commission (Wellington)
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)
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 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)
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White & Case (Washington)
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White & Case (Washington)
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 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 (Kustomer / Facebook)
DG COMP (Brussels)
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 (Madrid)
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 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)
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 French Competition Authority clears an acquisition in the chemical pathology sector subject to the divestiture of eight medical analysis sites (Oriade-Noviale / Biogroup)
Autorité de la concurrence (Paris)
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 EU Commission approves an acquisition subject to conditions in the telecommunications sector (Telekom Romania / Orange)
DG COMP (Brussels)
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 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)
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 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)
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 French Competition Authority opens public consultation as part of a merger in the temperature-controlled goods transport sector
Autorité de la concurrence (Paris)
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 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)
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 Dutch Competition Authority conditionally clears the acquisition of a mortuary service provider by a rival company (Yarden / DELA)
Netherlands Authority for Consumers & Markets (The Hague)
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 German Competition Authority examines whether a merger between two social media platforms is subject to notification (Facebook / Kustomer)
German Competition Authority (Bonn)
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 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)
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 EU Commission opens an in-depth investigation into a proposed merger between two genomics companies (Grail / Illumina)
DG COMP (Brussels)
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)
Autorité de la concurrence (Paris)
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 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)
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 Spanish Competition Authority imposes a fine of 300 000 euros on a company for failing to notify the purchase of a funeral home (Albia Gestión de Servicios)
Spanish Competition Authority (Madrid)
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 US FTC rescinds the 1995 policy statement that limited its ability to deter problematic mergers
US Federal Trade Commission (FTC) (Washington)
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)
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 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)
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)
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)
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 UK Competition Authority finds that the proposed purchase of a multinational conglomerate’s UK passive telecoms infrastructure assets by the largest national independent telecommunications infrastructure supplier raises competition concerns (Cellnex / CK Hutchison)
United Kingdom’s Competition Authority - CMA (London)
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)
Autorité de la concurrence (Paris)
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)
DG COMP (Brussels)
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 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)
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 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 (The Hague)
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 Irish Competition Authority clears a merger between two nursing homes companies subject to conditions (Orpea / Firstcare)
Irish Competition Authority (Dublin)
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)
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 UK Takeover Panel updates the Takeover Code provisions with special focus on regulatory and merger conditions applicable to takeover offers
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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 Latvian Competition Authority approves the merger between two national film screening companies (Apollo Kino / OÜ)
Latvian Competition Council (Riga)
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)
DG COMP (Brussels)
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 US DoJ announces that two automotive-parts suppliers will restructure their merger following competition concerns (Tupy / Teksid)
US Department of Justice (Washington)
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 (The Hague)
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 (...)

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
DG COMP (Brussels)
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 €550 million 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
DG COMP (Brussels)
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
DG COMP (Brussels)
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 German measures worth over €2.5 billion to support rail freight and passenger operators affected by the COVID-19 outbreak Free
DG COMP (Brussels)
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 Czechia’s map for granting regional aid from 1 January 2022 to 31 December 2027
DG COMP (Brussels)
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 €525.3 million German aid in favor of an airline in the context of the COVID-19 pandemic (Condor) Free
DG COMP (Brussels)
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
DG COMP (Brussels)
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
DG COMP (Brussels)
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 opens an in-depth investigation into the financing of Danish national post’s universal service obligation (Post Danmark)
DG COMP (Brussels)
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 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
DG COMP (Brussels)
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)
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Covington & Burling (Brussels)
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Covington & Burling (Brussels)
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 an arbitration award in favor of a private equity firm to be paid by Spain (Antin)
DG COMP (Brussels)
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 approves a €1 billion Spanish recapitalisation scheme to provide debt and capital support to companies affected by the COVID-19 pandemic Free
DG COMP (Brussels)
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 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)
DG COMP (Brussels)
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 (Deutsche Lufthansa)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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 context of the COVID-19 pandemic Free
DG COMP (Brussels)
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)
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 Commission approves a €750 million German State guarantee scheme for the travel insolvency fund in the context of the COVID-19 pandemic Free
DG COMP (Brussels)
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 EU Commission publishes results of evaluation of EU State aid rules for deployment of broadband networks
DG COMP (Brussels)
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 finds no State aid in Iceland’s additional funding of summer courses in 2020
EFTA Surveillance Authority (Brussels)
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 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)
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)
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)
DG COMP (Brussels)
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
DG COMP (Brussels)
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)
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)
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)
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)
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 jurisdiction, recognition, and enforcement of judgments in civil and commercial matters (RH / Volvo)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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)
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Hogan Lovells (Munich)
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 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)
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 government pro-enforcement agenda
Jones Day (Washington)
,
Jones Day (San Francisco)
,
Jones Day (Houston)
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 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)
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Jones Day (Brisbane)
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Covington & Burling (Washington)
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 (...)

The Indian Competition Authority relaxes signing rules for pleadings to include any employee authorized by the company board
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
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 (...)

Regulatory

The US FTC issues a policy statement announcing increased antitrust and consumer protection enforcement against repair restrictions by manufacturers in numerous sectors
McDermott Will & Emery (Washington)
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 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)
,
Hogan Lovells (London)
,
Hogan Lovells (London)
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 announces the date on which the National Security and Investment Act will enter into force
Morgan Lewis (London)
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Morgan Lewis (London)
,
Morgan Lewis (London)
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)
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Covington & Burling (London)
,
Covington & Burling (London)
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 commencement date of the substantive provisions of the National Security and Investment Act and publishes guidance for businesses
Herbert Smith Freehills (London)
,
Herbert Smith Freehills (London)
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 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)
,
White & Case (London)
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 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)
,
Cleary Gottlieb Steen & Hamilton (London)
,
Cleary Gottlieb Steen & Hamilton (London)
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 Spanish Competition Authority calls on the national football federation to amend their proposal for commercializing the audiovisual rights of the new "Primera RFEF" category (RFEF)
Spanish Competition Authority (Madrid)
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)
,
Primerio (Johannesburg)
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 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)
,
White & Case (New York)
,
White & Case (Washington)
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 aimed at promoting competition in the American economy using antitrust laws
Shearman & Sterling (Washington)
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Shearman & Sterling (Washington)
,
Shearman & Sterling (Washington)
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
DG COMP (Brussels)
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 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)
,
White & Case (New York)
,
White & Case (Washington)
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)
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 issues sweeping executive order targeting corporate consolidation and anticompetitive activity in the labor, financial services, health care, transportation, telecommunications, agricultural, and tech markets
Hogan Lovells (Washington)
,
Hogan Lovells (Washington)
,
Hogan Lovells (Washington)
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 an executive order encouraging the US FTC to address anticompetitive restrictions on third-party repair or self-repair of items
McDermott Will & Emery (Washington)
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)
,
Bona Law (Detroit)
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)
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 EU Commission publishes drafts of revised Vertical Block Exemption Regulation and Vertical Guidelines
Herbert Smith Freehills (Brussels)
,
Herbert Smith Freehills (Dusseldorf)
,
Herbert Smith Freehills (London)
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 US President Joe Biden signs a sweeping executive order to promote competition, including formation of the White House Competition Council, and directions to federal agencies to crack down on anticompetitive practices and concentrated markets
Constantine Cannon (New York)
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 instructing more than a dozen federal agencies to promptly tackle some of the most pressing competition problems across the national economy
White & Case (Washington)
,
White & Case (Washington)
,
White & Case (New York)
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 US FTC to ban or limit employee non-compete agreements
White & Case (Washington)
,
White & Case (Washington)
,
White & Case (New York)
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 EU Commission consults on new competition rules for vertical agreements
Hogan Lovells (Brussels)
,
Hogan Lovells (Brussels)
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King & Spalding (Brussels)
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 EU Commission publishes for public consultation drafts of revised Vertical Block Exemption Regulation and revised Guidelines on vertical restraints
White & Case (London)
,
White & Case (Dusseldorf)
,
White & Case (Brussels)
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 that aims the healthcare industry
Hogan Lovells (Washington)
,
Hogan Lovells (Washington)
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 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)
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 drafts of the updated Vertical Block Exemption Regulation and the accompanying guidelines
Bird & Bird (The Hague)
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 EU Commission publishes the draft revised Vertical Block Exemption Regulation and draft revised Guidelines on Vertical Restraints
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
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 US President Joe Biden signs an executive order on promoting competition in the American economy
Jones Day (Chicago)
,
Jones Day (Washington)
,
Jones Day (Washington)
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)
,
Cleary Gottlieb Steen & Hamilton (Cologne)
,
Cleary Gottlieb Steen & Hamilton (Brussels)
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 issues an executive order to promote competition in the American economy that includes 72 initiatives targeting the labor, healthcare, agriculture, transportation, internet service, technology, and banking and consumer finance sectors
Covington & Burling (Washington)
,
Covington & Burling (Washington)
,
Covington & Burling (Washington)
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)
,
Jones Day (Paris)
,
Jones Day (Frankfurt)
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 Dutch Competition Authority confirms that the COVID-19 pandemic has no negative effect on net neutrality Free
Netherlands Authority for Consumers & Markets (The Hague)
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 regulatory investigation into a payment apps’ access from a Big Tech company (Apple)
Bird & Bird (The Hague)
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Bird & Bird (The Hague)
,
Bird & Bird (Sydney)
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 (...)

The Dutch Competition Authority closes its investigation into payment apps and call for amending the European rules for payments services
Netherlands Authority for Consumers & Markets (The Hague)
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 (...)

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