June 2021

General antitrust

The UK Competition Authority publishes consultation on its proposed recommendations to the Government on the future of the retained vertical agreements block exemption regulation
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 17 June 2021 the CMA published a consultation on its proposed recommendations to the Secretary of State on the future of the retained vertical agreements block exemption Regulation (VBER). At the end of the Brexit transition period the EU VBER became retained EU law in the UK, until its (...)

The UK Competition Authority consults the Government to replace the retained vertical agreements block exemption regulation with new vertical agreements block exemption order
Covington & Burling (London)
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Covington & Burling (London)
The Competition and Markets Authority (“CMA”) is consulting on its proposed recommendation to the Secretary of State for Business, Energy and Industrial Strategy to replace the retained Vertical Agreements Block Exemption Regulation (“retained VABER”) with a new UK Vertical Agreements Block (...)

The EU Commission publishes the initial findings of its inquiry into consumer Internet of Things sector inquiry page contents
DG COMP (Brussels)
Antitrust: Commission publishes initial findings of consumer Internet of Things sector inquiry Page contents* The European Commission has published today the preliminary results of its competition sector inquiry into markets for consumer Internet of Things (IoT) related products and services (...)

The EU Commission publishes a preliminary report setting out the initial findings of its sector inquiry into the consumer Internet of Things
White & Case (Brussels)
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White & Case (Brussels)
On 9 June 2021, the European Commission (EC) published a Preliminary Report setting out the initial findings of its sector inquiry into the consumer Internet of Things (“IoT”). The consumer IoT sector encompasses services, devices and technologies that support the interaction of consumers with (...)

The US State of New York Senate adopts the Twenty-First Century Antitrust Act to amend its state antitrust law
Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (Washington)
The New York state Senate has passed the “Twenty-First Century Antitrust Act” (S. 933) to amend its state antitrust law, radically changing the risks of doing business in New York. It ostensibly aims at so-called “Big Tech,” but applies to all businesses, even those having very little contact with (...)

The EU Commission publishes an inception impact assessment about potential revisions to the research and development block exemption regulation and the specialisation block exemption regulation
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
In the course of the ongoing review of the application of the EU competition rules to horizontal cooperation agreements, the European Commission (“Commission”) published on 7 June 2021 an inception impact assessment (“IIA”) in relation to potential revisions to the Research and Development Block (...)

The US State of New York Senate adopts a legislation prohibiting the abuse of dominance and requiring new thresholds for the State’s pre-merger notification system
White & Case (Washington)
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White & Case (Washington)
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White & Case (Washington)
While Congress has been the epicenter of an ongoing antitrust debate—with US legislators on both sides of the aisle urging vast reforms—the New York State legislature is pursuing a state bill that would arguably ensnare more conduct and transactions in antitrust law’s web than anything proposed, (...)

The Czech Competition Authority initiates a pharmaceutical sector inquiry
Bird & Bird (Prague)
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Bird & Bird (Prague)
In recent years, there has been an increase in the number of complaints from competitors in the pharmaceutical sector, associations of pharmaceutical companies and the public, especially in relation to the distribution of medicines. The pharmaceutical sector was also subject to changes both at (...)

The Australian Competition Authority releases its class exemption program allowing small businesses to collectively bargain
Australian Competition and Consumer Commission (Canberra)
Collective bargaining by small business facilitated by class exemption* From today, small businesses, franchisees and fuel retailers can use the ACCC’s class exemption for collective bargaining. This class exemption, which is the first made by the ACCC, will allow collective negotiation without (...)

Anticompetitive practices

The Australian Federal Court dismisses the Competition Authority’s case against port commitment deeds in New South Wales (NSW Ports)
Australian Competition and Consumer Commission (Canberra)
Court dismisses ACCC case against NSW Ports* The Federal Court has dismissed 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 Ports). The proceedings concerned agreements, (...)

The US DoJ fines a Belgian security services company $15 million for bid-rigging and price-fixing in national defense procurement (G4S Secure Solutions)
US Department of Justice - Antitrust Division (Washington)
Belgian Security Services Firm Agrees to Plead Guilty to Criminal Antitrust Conspiracy Affecting Department of Defense Procurement* Company to Pay $15 Million Criminal Fine G4S Secure Solutions NV (G4S), a Belgian security firm, has agreed to plead guilty for its role in a conspiracy to rig (...)

The US Supreme Court upholds a district court injunction finding unlawful certain sport association rules limiting the education-related benefits schools may make available to student-athletes (NCAA / Alston)
George Mason University (Fairfax)
The Supreme Court Misses the Big Consumer Welfare Picture in NCAA v. Alston* In its June 21 opinion in NCAA v. Alston, a unanimous U.S. Supreme Court affirmed the 9th U.S. Circuit Court of Appeals and thereby upheld a district court injunction finding unlawful certain National Collegiate (...)

The US Supreme Court prohibits an association from restraining student-athlete education-related benefits while recognizing the association still retains considerable flexibility to regulate such benefits (NCAA / Alston)
Jones Day (Washington DC)
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Jones Day (Colombus)
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Jones Day (Washington DC)
The Court’s ruling that certain NCAA rules violate antitrust law opens the door for student-athletes to receive additional benefits. But it does not extend to compensation relating to athletic performance, conferences remain free to pass their own rules independently, and universities may decide (...)

The US Supreme Court rules that an association’s restrictions on compensation for college athletes in conjunction with educational expenses amount to an illegal price-fixing agreement in violation of antitrust laws (NCAA / Alston)
Hausfeld (Washington)
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Hausfeld (Washington)
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Hausfeld (Washington)
In a unanimous decision, the Supreme Court today ruled (in Alston v. NCAA) that the National Collegiate Athletic Association’s restrictions on compensation to college athletes in conjunction with educational expenses amount to an illegal price-fixing agreement in violation of the antitrust (...)

The US Supreme Court prohibits a sports professional association from imposing conditions on its members as it violates antitrust law (NCAA / Alston)
GeyerGorey (Washington)
Some “Twinkling of the Eye” Thoughts on NCAA v. Alston* The Supreme Court’s decision in Nat’l Collegiate Athletic Ass’n v. Alston, Nos. 20-512 and 20-520, 2021 WL 2519036, (U.S. June 21, 2021) is a boost for the Antitrust Division’s commitment to prosecute what it calls naked “wage fixing” and “no (...)

The EU Commission sends a statement of objections to an association of Irish insurers (Insurance Ireland) Free
DG COMP (Brussels)
The Commission has informed Insurance Ireland, an association of Irish insurers, of its preliminary view that it breached EU antitrust rules by restricting competition in the Irish motor vehicle insurance market. The Commission takes issue with certain conditions of access to the Insurance Link (...)

The US FTC announces that a real estate appraisers board agreed to settle charges stating that it fixed prices for appraisal services in Louisiana (Louisiana Real Estate Appraisers Board)
US Federal Trade Commission (FTC) (Washington)
Louisiana Real Estate Appraisers Board Agrees to Settle FTC Charges that It Fixed Prices for Appraisal Services in Louisiana* The Louisiana Real Estate Appraisers Board has agreed to stop fixing compensation levels for residential real estate appraisal services in Louisiana as part of a (...)

The US DoJ announces that a North Carolina engineering firm pleads guilty to decade-long bid rigging and fraud scheme (Contech Engineered Solutions)
US Department of Justice - Antitrust Division (Washington)
Engineering Firm Pleads Guilty to Decade-Long Bid Rigging and Fraud Scheme* Company Sentenced to Pay $7 Million in Criminal Fine and Over $1.5 Million in Restitution to North Carolina Department of Transportation A North Carolina engineering firm was sentenced today after pleading guilty to (...)

The US DoJ sentences a company to pay $7 million in criminal fines and over $1.5 million in restitution as it pleads guilty to one count of bid-rigging and one count of conspiracy to commit mail and wire fraud (Contech Engineered Solutions)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
On June 7, 2021, as part of the US Department of Justice’s (DOJ) continuing commitment to prosecuting cases where the government is a victim, a government contractor pleaded guilty to one count of bid-rigging and one count of conspiracy to commit mail and wire fraud in connection with the DOJ’s (...)

The EU Commission opens an investigation into possible anticompetitive conduct by a big tech company in the online classified ads sector (Facebook Marketplace)
DG COMP (Brussels)
Antitrust: Commission opens investigation into possible anticompetitive conduct of Facebook* The European Commission has opened a formal antitrust investigation to assess whether Facebook violated EU competition rules by using advertising data gathered in particular from advertisers in order (...)

The German Competition Authority initiates proceedings against a big tech company to examine its new service of presenting external publisher’s news content (Google News Showcase)
German Competition Authority (Bonn)
Bundeskartellamt examines Google News Showcase* The Bundeskartellamt has initiated a proceeding against Alphabet Inc., Mountain View, USA, and its affiliates (“Google”) to examine under competition law the Google News Showcase service offered by the company. The examination is mainly based on (...)

The Lithuanian Competition Authority closes its investigation into suspected bid-rigging (Latvijas tilti / BMGS)
Lithuanian Competition Authority (Vilnius)
Lithuanian Competition Authority terminates investigation into suspected bid-rigging* The Lithuanian competition authority Konkurencijos taryba decided to terminate an investigation into the compliance of actions of undertakings involved in public procurements for the construction and (...)

The Australian Federal Court acquits a CEO and former employee of a national healthcare facility accused of participating in cartel activities (Country Care)
Australian Competition and Consumer Commission (Canberra)
Country Care, CEO and former employee acquitted of criminal cartel offences* A jury in the Federal Court today acquitted rehabilitation aids company The Country Care Group Pty Ltd, its CEO Robert Hogan and a former employee Cameron Harrison of eight criminal cartel offences. The charges (...)

Unilateral Practices

The UK Competition Authority launches a market study into two Big Tech companies’ mobile ecosystems over concerns that they might abuse their dominant position (Google / Apple)
United Kingdom’s Competition Authority - CMA (London)
CMA to scrutinise Apple and Google mobile ecosystems* The CMA has launched a market study into Apple’s and Google’s mobile ecosystems over concerns they have market power which is harming users and other businesses. The Competition and Markets Authority (CMA) is taking a closer look at whether (...)

The UK Competition Authority secures commitments from a Big Tech company to address concerns about its proposal to remove third-party cookies on its main internet browser (Google / Chrome)
United Kingdom’s Competition Authority - CMA (London)
CMA to have key oversight role over Google’s planned removal of third-party cookies* Following an investigation, the CMA has secured commitments from Google to address concerns about Google’s proposal to remove third-party cookies on Chrome. The CMA is to take up a role in the design and (...)

The French Competition Authority fines a Big Tech company €220 million for favoring its services in the online advertising sector in a first decision to look into complex algorithmic auctions processes (Google)
French Competition Authority (Paris)
The Autorité de la concurrence hands out a €220 millions fine to Google for favouring its own services in the online advertising sector* Google, did not dispute the facts, wished to settle with the Autorité, which granted its request. Google also proposed commitments, accepted by the Autorité, (...)

The UK Competition Authority investigates a social media company’s use of ad data (Facebook)
United Kingdom’s Competition Authority - CMA (London)
CMA investigates Facebook’s use of ad data* The CMA is investigating whether Facebook might be abusing a dominant position in the social media or digital advertising markets through its collection and use of advertising data. Facebook login on a mobile and laptop screen The Competition and (...)

The French Competition Authority submits commitments for public consultation following an investigation in the online advertising sector (Facebook / Criteo)
French Competition Authority (Paris)
In the context of an investigation opened before the Autorité in the online advertising sector, Facebook proposes commitments* The Autorité de la concurrence is submitting these commitments for public consultation, and is inviting actors from the sector to provide their feedback. The case was (...)

The Mexican Competition Authority fines an industrial gas company for failure to comply with commitments made to restore competition in the markets of industrial oxygen, nitrogen and argon (Praxair)
Mexican Competition Authority (Mexico City)
COFECE fines Praxair for failure to comply with commitments made to restore competition in the markets of industrial oxygen, nitrogen and argon* In 2018, during the trial-like procedure for possible relative monopolistic practices, Praxair offered commitments with the aim of restoring (...)

Mergers

The French Competition Authority unconditionally clears the acquisition of a clothing retail brand by a national real estate investment company (GAP / FIB)
French Competition Authority (Paris)
The Autorité clears the takeover of GAP by the Financière Immobilière Bordelaise* On 4 June 2021, the Financière Immobilière Bordelaise group (hereinafter "FIB") notified the Autorité de la concurrence of its plan to acquire the activities of the GAP brand in France. Parties to the transaction The (...)

The US FTC orders the divestiture of hundreds of shops following the acquisition of a retail fuel chain by the largest national convenience store chain (7-Eleven / Speedway)
US Federal Trade Commission (FTC) (Washington)
FTC Orders the Divestiture of Hundreds of Retail Stores Following 7-Eleven, Inc.’s Anticompetitive $21 Billion Acquisition of the Speedway Retail Fuel Chain* Proposed order prohibits 7-Eleven from enforcing noncompete provisions for franchisees or employees working at or doing business with (...)

The French Competition Authority unconditionally clears a takeover of 72 outlets by two luxury jewellery brands from their competitor’s 120 outlets (Altesse / Thom / Agatha)
French Competition Authority (Paris)
The Autorité clears the takeover of Agatha stores by Altesse (Les Georgettes, Saunier) and Thom (Histoire d’Or, Marc Orian, Trésor)* Altesse and Thom, the first of which owns "Les Georgettes" and "Saunier" and the second of which owns "Histoire d’Or", "Marc Orian" and "Trésor", notified the (...)

The Australian Competition Authority does not oppose the proposed merger between two major information brokers (Dye & Durham / GlobalX)
Australian Competition and Consumer Commission (Canberra)
Dye & Durham’s acquisition of GlobalX not opposed* The ACCC will not oppose the proposed acquisition of GlobalX Information Pty Ltd (GlobalX) by Dye & Durham Corporation (Dye & Durham), finding the transaction will not substantially lessen competition. Dye & Durham and GlobalX (...)

The US DoJ sues to prohibit the merger between two insurance companies (Aon / Willis Tower Watson)
US Department of Justice - Antitrust Division (Washington)
Justice Department Sues to Block Aon’s Acquisition of Willis Towers Watson* Acquisition Would Create Broking Behemoth and Eliminate Competition Between Two of the “Big Three” Insurance Brokers The U.S. Department of Justice filed a civil antitrust lawsuit today to block Aon’s $30 billion (...)

The German Competition Authority clears a TV company’s takeover of remaining stocks in a TV children’s channel (RTL / SuperRTL)
German Competition Authority (Bonn)
Bundeskartellamt clears merger between RTL and SuperRTL* The Bundeskartellamt has today cleared the merger between Bertelsmann SE & Co. KGaA (RTL Group) and RTL Disney Fernsehen GmbH & Co. KG (SuperRTL) in the first phase of merger control. RTL already holds 50% of the shares in the (...)

The Australian Competition Authority clears a merger between two wholesale food distributors (Woolworths / PFD)
Australian Competition and Consumer Commission (Canberra)
ACCC will not oppose Woolworths acquiring 65% share of PFD* The ACCC will not oppose Woolworths’ (ASX: WOW) acquisition of 65 per cent of the shares in wholesale food distributor PFD Food Services, following a detailed investigation that found the transaction is not likely to substantially (...)

The New Zealand Competition Authority clears the merger between two bagged concrete and mortar products manufacturers (Concrete Group / Drymix)
New Zealand Commerce Commission (Wellington)
Concrete Group subsidiary cleared to acquire Drymix* The Commerce Commission has granted clearance to Dunlop Drymix Limited, a subsidiary of the Concrete Group Limited, to acquire the assets and business of six companies that collectively trade in New Zealand as Drymix. Each of the Drymix (...)

The Norwegian Competition Authority fines an energy company for breach of disclosure requirements regarding its acquisition of a petrol station belonging to a competing chain (St1 Norge)
Norwegian Competition Authority
The Norwegian Competition Authority imposes a fine of NOK 3 million on St1 Norge AS* The Norwegian Competition Authority has today imposed a fine of NOK 3 million on St1 Norge AS for breach of disclosure requirements when it took control over a petrol station belonging to a competing chain. (...)

The German Competition Authority clears a merger between cardio-surgical and cardio-logical services (Charité / Deutsches Herzzentrum Berlin)
German Competition Authority (Bonn)
Bundeskartellamt clears merger between Charité and Deutsches Herzzentrum Berlin* The Bundeskartellamt has cleared plans to merge the cardiosurgical and cardiological services of the Charité and Deutsches Herzzentrum Berlin, allowing for the establishment of the heart centre “Deutsches Herzzentrum (...)

The Austrian Competition Authority fines a big tech company for gun-jumping (Facebook / Giphy)
Austrian Competition Authority (Vienna)
Austrian Federal Competition Authority files application to fine Facebook for failing to notify GIPHY acquisition* Facebook cooperates with the AFCA in the course of an amicable conclusion of proceedings and accepts the fine of EUR 9.6 million requested by the AFCA. Background In the course (...)

The UK Competition Authority finds in its reassessment that the merger between two financial advice companies raises competition concerns (FNZ / GBST)
United Kingdom’s Competition Authority - CMA (London)
Reassessment of FNZ/GBST deal confirms competition concerns* The CMA has found that the purchase of GBST by rival FNZ could lead to poorer service and higher prices following a careful reassessment of the deal. The Competition and Markets Authority (CMA) reassessed the deal, following its (...)

The French Competition Authority clears the merger between two health establishment operating groups (C2s / Elsan)
French Competition Authority (Paris)
The Autorité de la concurrence clears the takeover of C2s clinics by the Elsan group* Following the referral decision of the European Commission on 12 April 2021, the Elsan group notified the Autorité of its plan to take exclusive control of the C2S clinics on 30 April 2021. Parties to the (...)

The South African Competition Authority prohibits a merger in the fast-food market purely on public interest grounds (Burger King)
Primerio (Johannesburg)
Precedent-Setting Decision: Burger King Acquisition Prohibited Purely on Public Interest Grounds* The South African Competition Commission (SACC) made headlines with its first prohibition of an intermediate merger that was based solely on public-interest grounds. Emerging Capital Partners (...)

The US DoJ requires substantial divestitures in the merger between a grain company and a Japanese association of agricultural cooperatives to protect American farmers (Ze-Noh / Bunge)
US Department of Justice - Antitrust Division (Washington)
Justice Department Requires Substantial Divestitures in Zen-Noh Acquisition of Grain Elevators from Bunge to Protect American Farmers* Zen-Noh Must Divest Nine Grain Elevators so that Farmers Along the Mississippi River and Its Tributaries Continue to Have the Same Number of Options to Sell (...)

State Aid

The EFTA Surveillance Authority approves prolongation of Norwegian support scheme for businesses due to the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
COVID-19 pandemic: ESA approves prolongation of Norwegian support scheme for businesses* The EFTA Surveillance Authority (ESA) has today approved the prolongation of a Norwegian guarantee scheme that will help ensure access to credit for businesses facing an acute shortage of liquidity due to (...)

The EU Commission approves a €166.7 million Greek public support for construction of an airport terminal in Alexandroupolis (LNG)
DG COMP (Brussels)
State aid: Commission approves €166.7 million Greek public support for construction of LNG terminal in Alexandroupolis* The European Commission has approved, under EU State aid rules, a €166.7 million Greek support measure for the construction of a new liquid natural gas (“LNG”) terminal in (...)

The EU Commission approves a Polish scheme to compensate large companies for damages suffered due to the COVID-19 pandemic and provide liquidity support Free
DG COMP (Brussels)
State aid: Commission approves a Polish scheme to compensate large companies for damages suffered due to coronavirus outbreak and provide liquidity support* The European Commission has approved, under EU State aid rules, a Polish scheme to partially compensate large companies for the damages (...)

The EFTA Surveillance Authority approves the prolongation of a Norwegian State aid scheme for sporting events of national importance amidst the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
COVID-19 pandemic: ESA approves prolongation of Norwegian aid scheme for sporting events of national importance* The EFTA Surveillance Authority (ESA) has today approved a prolongation until 31 October 2021 of a scheme providing support to sporting events affected by the ongoing COVID-19 (...)

The EFTA Surveillance Authority approves a prolongation of a production grant scheme for news and current affairs media in Norway
EFTA Surveillance Authority (Brussels)
ESA approves prolonging support to news and current affairs media in Norway* The EFTA Surveillance Authority (ESA) today approves a prolongation of a production grant scheme for media in Norway, until the end of 2022. The production grant scheme for media is an important part of Norway’s media (...)

The EU Commission confirms that Spain needs to recover incompatible aid from certain digital terrestrial operators
DG COMP (Brussels)
State aid: Commission confirms that Spain needs to recover incompatible aid from certain digital terrestrial operators* The Commission has concluded that the aid received by terrestrial operators for the digitisation and extension of the terrestrial television network in remote areas of Spain (...)

The EU General Court annuls the Commission’s decision which found that the non-charging of a deposit on certain drinks packaging sold by German border shops to customers resident in Denmark does not constitute State aid (Dansk Erhverv)
General Court of the European Union (Luxembourg)
The General Court annuls the Commission decision finding that the non-charging of a deposit on certain drinks packaging sold by German border shops to customers resident in Denmark does not constitute State aid* The Commission was not in a position to overcome, at the preliminary stage, all (...)

The EU General Court annuls the Commission’s decision approving the State aid granted by Germany to an airline company on the ground of an inadequate statement of reasons (Condor Flugdienst)
General Court of the European Union (Luxembourg)
The General Court annuls the Commission decision approving the State aid granted by Germany to the airline Condor Flugdienst on the ground of an inadequate statement of reasons* However, because of the economic and social context marked by the Covid-19 pandemic, it suspends the effects of the (...)

The EU Commission approves €800 million Italian scheme to support companies in context of the coronavirus outbreak, as well as development and production of COVID-19-relevant products Free
DG COMP (Brussels)
State aid: Commission approves €800 million Italian scheme to support companies in context of coronavirus outbreak, as well as development and production of coronavirus-relevant products* The European Commission has approved a €800 million Italian scheme to support companies affected by the (...)

The EU Commission invites interested parties to provide comments on a proposed draft for climate, energy and environmental State aid guidelines
DG COMP (Brussels)
State aid: Commission invites interested parties to provide comments on proposed draft Climate, Energy and Environmental State aid Guidelines* The European Commission has launched today a targeted public consultation inviting all interested parties to comment on the proposed revision of the (...)

The EU Commission approves €800 million State aid scheme for Greece in order to support the tourism sector in the context of COVID-19 pandemic Free
DG COMP (Brussels)
State aid: Commission approves €800 million Greek scheme to support tourism sector in context of coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €800 million Greek scheme to support companies active in tourism affected by the coronavirus outbreak. The (...)

Procedures

The EU Commission carries out its first dawn raid since the COVID-19 pandemic started at the German premises of a company active in the clothing sector Free
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
On 22 June 2021 the European Commission (“Commission”) revealed that it had carried out surprise inspections at the German premises of a company active in the clothing sector, suspected of infringing competition rules. This was the first unannounced inspection, or “dawn raid”, conducted by the (...)

The French Competition Authority opens a public consultation for the revision of its notice on fines following the transposition of the ECN+ Directive
French Competition Authority (Paris)
The Autorité de la concurrence opens a public consultation for the revision of its Notice on Fines following the transposition of the ECN + directive* The update of the 2011 Notice on Fines The entry into force of ordinance n° 2021-649 of 26 May 2021 relating to the transposition of Directive (...)

Regulatory

The Dutch Competition Authority publishes guidelines to counter “vendor lock-in" in the market for information technology systems in the healthcare sector
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 18 June 2021, the Dutch competition authority, Autoriteit Consument & Markt (ACM), announced that it would prepare guidelines to counter “vendor lock-in” in information technology systems for the healthcare sector, principally hospital information systems and electronic patient files. As a (...)

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