June 2022

General antitrust

 The Mexican Competition Authority initiates an investigation into possible barriers to entry in the national market for federal land passenger transport that uses terminals for passenger boarding and disembarking
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26246 visits
Cofece investigates the national market of federal passenger transport that uses terminals for the boarding and disembarking of passengers, and related services* Through the inquiry, the Investigative Authority could preliminarily determine the probable existence of barriersto competition an (...)

The Chinese National People’s Congress passes the amendment to the Anti-Monopoly Law
Covington & Burling (Washington)
United States 25 contributions 3568 visits
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Covington & Burling (Washington)
United States 1 contribution 503 visits
When its Anti-Monopoly Law (“AML”) went into effect in August 2008, China immediately became a significant antitrust enforcer on the world stage. On June 24, 2022, the National People’s Congress, China’s top legislature, passed the Amendment to the Anti-Monopoly Law of the PRC (the (...)

The Luxembourg Competition Authority publishes results of sector inquiry into medicines and pharmacies and makes recommendations for regulatory reform
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22898 visits
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Van Bael & Bellis (Brussels)
Belgium 154 contributions 52737 visits
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Van Bael & Bellis (Brussels)
Belgium 56 contributions 25474 visits
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On 16 June 2022, the Luxemburg Competition Authority (LCA) published its report (the Report) detailing the outcome of a sector inquiry into medicines and pharmacies (see, attached press release and Report). The Report does not analyse possibly anticompetitive behaviour of private firms but (...)

The Latvian Parliament strengthens the Competition Authority’s independence with amendments to the Competition Law
Latvian Competition Council (Riga)
Latvia 123 contributions 23831 visits
The Saeima strengthens the independence of the Competition Council with amendments to the Competition Law* On June 9, the Parliament (Saeima) made amendments to the Competition Law aimed at strengthening the Competition Council (CC), providing the necessary guarantees of independence, (...)

The UK Competition Authority plans a market investigation into mobile browsers and cloud gaming (Apple / Google)
UK Competition & Markets Authority - CMA (London)
United Kingdom 388 contributions 95714 visits
Apple and Google “hold all the cards” with interventions needed to give innovators and competitors a fair chance to compete in mobile ecosystems CMA plans market investigation into mobile browsers and cloud gaming* The Competition and Markets Authority (CMA) is consulting on the launch (...)

The US FTC announces the launch of an inquiry into the prescription drug middleman industry
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40407 visits
FTC Launches Inquiry Into Prescription Drug Middlemen Industry* Agency to Scrutinize the Impact of Vertically Integrated Pharmacy Benefit Managers on the Access and Affordability of Medicine The Federal Trade Commission announced today that it will launch an inquiry into the prescription (...)

The EU Commission and the UK Competition Authority issue new rules on vertical arrangements
Ashurst (Brussels)
Belgium 45 contributions 45905 visits
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Ashurst (London)
United Kingdom 34 contributions 16826 visits
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Ashurst (Brussels)
Belgium 37 contributions 9023 visits
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On 1 June 2022, the revised EU Vertical Block Exemption Regulation, Regulation 2022/720, (’VBER’) and Vertical Guidelines entered into force. On the same day, the UK Vertical Agreement Block Exemption Order (’VABEO’) entered into force. Both the VBER and VABEO provide for a one year (...)

The Austrian Competition Authority proposes for public comment guidelines for exempting sustainable cooperation agreements from competition laws
University of Amsterdam
Netherlands 2 contributions 2525 visits
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Société Générale (Paris)
France 1 contribution 1338 visits
While the European Commission recently consulted stakeholders on the revision of the Horizontal block exemptions regulations and horizontal guidelines, the Austrian Federal Competition Authority, for its part, focused on drafting guidelines on the application sustainability agreements between (...)

Anticompetitive practices

 The EU Commission accepts commitments by a professional association of Irish insurers to ensure access to its data sharing platform (Irish Insurance)
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
Antitrust: Commission accepts commitments by Insurance Ireland to ensure access to its data sharing platform* The European Commission has made commitments offered by Insurance Ireland, an association of Irish insurers, legally binding under EU antitrust rules. Insurance Ireland must ensure (...)

The Italian Competition Authority finds that a fast-food giant abused the economic dependence of franchisees and imposes contractual obligations to remedy the situation (McDonald’s)
Luiss Guido Carli University (Rome)
Italy 7 contributions 2526 visits
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Luiss Guido Carli University (Rome)
Italy 15 contributions 11343 visits
The case concerns the franchising activity carried out in Italy by McDonald’s Development Italy LLC (hereinafter MCDI). MCDI - is a U.S. company, with registered office in Wilmington and branch office in Milan, member of the McDonald’s Group (a U.S. company based in Oak Brook, Illinois). The (...)

The German Federal Court of Justice dismisses an agricultural group’s claim against the Competition Authority over an alleged violation of the principle of equality in a plant protection cartel investigation (BayWa)
Fieldfisher (Düsseldorf)
Germany 1 contribution 42 visits
In a decision dated 30 June 2022, the Federal Court of Justice dismissed with final effect an official liability suit brought by the agricultural group BayWa AG against the Federal Cartel Office (FCO). BayWa sued the FCO for disadvantages in a plant protection cartel case due to price (...)

The South African Competition Appeal Court overturns the Tribunal’s decision on a cartel and holds that parties concerned must be potential or actual competitors at the time of conclusion of the impugned agreement before a finding can be made (Tourvest)
Herbert Smith Freehills (Johannesburg)
South Africa 4 contributions 519 visits
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Herbert Smith Freehills (Johannesburg)
South Africa 2 contributions 79 visits
The concept of ’characterisation’ was first introduced into South African law by the Supreme Court of Appeal ("SCA") in ANSAC. In that case, the SCA recognised that there are instances where conduct may, on its face, seem to be collusion but upon closer scrutiny the conduct is found to be (...)

The Hungarian Competition Authority issues a large fine on four companies which planned to rig a bid in the market for anaesthesia and ventilation equipment (Dräger Medical / GE Hungary / Aladdin Medical / HOGE Orvosi Műszer)
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 19133 visits
GVH uncovered an anaesthesia and ventilator cartel* Budapest, June 30, 2022 - The Hungarian Competition Authority (GVH) has imposed a competition supervision fine of almost HUF 670 million for the allocation of a public tender for anaesthesia and ventilation equipment among four major market (...)

The Dutch Competition Authority decides that two energy companies may collaborate in the storage of C02 in empty north sea gas fields (Shell / TotalEnergies)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35156 visits
ACM: Shell and TotalEnergies can collaborate in the storage of CO2 in empty North Sea gas fields* Following an assessment of their plans, the Netherlands Authority for Consumers and Markets (ACM) has decided to allow competitors Shell and TotalEnergies to collaborate in the storage of CO2 in (...)

The Dutch Competition Authority releases a statement which indicates focus on prohibited agreements in the labour market
Maverick Advocaten (Amsterdam)
Netherlands 2 contributions 147 visits
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Maverick Advocaten (Amsterdam)
Netherlands 1 contribution 102 visits
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Maverick Advocaten (Amsterdam)
Netherlands 1 contribution 102 visits
Competition on the labour market is high on the agendas of competition authorities. This will come as no surprise, in light of the enormous shortage on the labour market at present. Employers want to retain their staff and sometimes make (prohibited) agreementswith competitors to achieve that (...)

The Canadian Competition Authority completes preliminary investigation into potential anti-competitive harm from relabelled biologic drugs
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10694 visits
Competition Bureau completes preliminary investigation of relabelled biologic drugs* The Competition Bureau has completed its preliminary investigation into potential anti-competitive harm from relabelled biologic drugs. Relabelled biologic drugs are identical to originator biologic drugs (...)

The Turkish Competition Authority concludes an investigation of restrictive practices and price fixing in the sports equipment sector with settlement and fine (Olka / Marlin)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81296 visits
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Günay & Erdoğan Attorneys at Law (Ankara)
5 contributions 837 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 3 contributions 574 visits
Introduction In June 2022, the Turkish Competition Board delivered its final judgment and announced that the investigation against Olka Spor Malzemeleri Ticaret AŞ (Olka) and Marlin Spor Malzemeleri Ticaret AŞ (Marlin), two undertakings active in the sports equipment sector, had ended with a (...)

The New Zealand Competition Authority issues warning and puts consumer electronics sector on notice over resale price maintenance
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23799 visits
Commission issues warning, puts consumer electronics sector on notice over resale price maintenance* The Commerce Commission has concluded an investigation into allegations that manufacturers of consumer televisions were engaging in resale price maintenance (RPM), which is illegal. RPM (...)

The EU Court of Justice specifies the temporal scope on rules governing carry on damages for competition law infringements as well as the quantification of damages and the rebuttable presumption relating to the existence of a cartel following a decision by the Commission (Volvo / DAF Trucks)
European Court of Justice (Luxembourg)
Luxembourg 330 contributions 102919 visits
The Court specifies the temporal scope of the rules governing the limitation period for bringing an action for damages for infringements of competition law and of the rules governing the quantification of the harm resulting from such infringements and the rebuttable presumption relating to the (...)

The EU Court of Justice provides increased clarity on the temporal scope of the Damages Directive (Volvo / DAF Trucks)
KU Leuven
Belgium 15 contributions 3012 visits
On 22 June 2022, the Court of Justice of the European Union (“ECJ”) clarified the temporal application of the Directive 2014/104/EU of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions (“Damages Directive”) to (...)

The EU Court of Justice rules on the temporal applicability of EU law on limitation periods and burden of proof in actions seeking antitrust damages (Volvo / DAF Trucks)
Portolano Cavallo (Milan)
Italy 63 contributions 9846 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 6824 visits
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Portolano Cavallo (Rome)
Italy 2 contributions 218 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 22, 2022, the European Court of Justice (hereinafter, the “ECJ”) issued a judgement in Case C-267/20 clarifying the temporal application of certain (...)

The EU Commission opens an investigation into possible anticompetitive disparagement between two pharmaceutical companies (Vifor Pharma / Pharmacosmos)
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
Antitrust: Commission opens investigation into possible anticompetitive disparagement by Vifor Pharma of iron medicine* The European Commission has opened a formal antitrust investigation to assess whether Vifor Pharma has restricted competition by illegally disparaging its closest – and (...)

The Portuguese Competition Authority sanctions three supermarket chains for collusion on prices (Auchan / Modelo Continente / Pingo Doce / Beiersdorf)
Portuguese Competition Authority (Lisbon)
Portugal 117 contributions 28917 visits
AdC sanctions Auchan, Modelo Continente, Pingo Doce and Beiersdorf for colluding on prices* The decision The AdC (Portuguese Competition Authority) has sanctioned three supermarket chains – Auchan, Modelo Continente (Sonae Group), and Pingo Doce (Jerónimo Martins Group) – as well as their (...)

The Spanish High Court overturns the Competition Authority’s €46M fine against two security undertakings for market sharing and price fixing (Prosegur / Loomis)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46237 visits
In 2016 the CNMC fined Prosegur for a single and continous infringement contrary to Articles 1 of the Spanish Competition Act and 101 TFEU. These companies allegedly shared the market, fixed prices and exchanged sensitive commercial information for seven years in the transport and handling of (...)

The New Zealand Competition Authority imposes a penalty on freight forwarders for cartel agreements (Mondiale / Oceanbridge)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23799 visits
Penalty imposed on freight forwarders for cartel agreements* The High Court has imposed penalties totalling over $9.7m on two international freight forwarding companies, Mondiale Freight Services Limited (Mondiale) and Oceanbridge Shipping Limited (Oceanbridge), and on four individuals (...)

The Eastern and Southern Africa Competition Authority scrutinises distribution and pricing agreements of a major automobile manufacturer (Toyota)
Primerio (Johannesburg)
South Africa 4 contributions 531 visits
Toyota’s distribution & pricing agreements under COMESA scrutiny* Regional bloc’s antitrust enforcer further steps up investigations in the Common Market On 16 June 2022, the Common Market for Eastern and Southern Africa (“COMESA”)’s Competition Commission (“CCC”) provided notice, as (...)

The EU Court of Justice maintains a fine on cartelists notwithstanding the fact that the court partially annuls the fining decision because of procedural errors on the part of the Commission (Optical Disk Drives Cartel)
McDermott Will & Emery (Paris)
France 134 contributions 66052 visits
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McDermott Will & Emery (Brussels)
Belgium 22 contributions 4805 visits
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McDermott Will & Emery (Paris)
France 32 contributions 7522 visits
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Summary The CJEU on June 16, 2022, partially annulled a EC decision due to a procedural breach, whilst maintaining the imposed EUR 116 million fine. The CJEU found that the EC’s decision did not give the companies opportunity to rebut all infringements separately. At the same time, the (...)

The EU Court of Justice partially annuls the decision of the Commission but upholds the amounts of the fines imposed for the optical disk drives cartel (Optical Disk Drives Cartel)
European Court of Justice (Luxembourg)
Luxembourg 330 contributions 102919 visits
Cartel on the market for optical disk drives: the Court partially annuls the decision of the Commission but upholds the amounts of the fines imposed* The Commission failed to satisfy its obligation to state reasons by finding that, in addition to their participation in a single and (...)

The French Competition Authority receives commitments from a Big Tech company to put an end to practices that may raise competition concerns in the French market for non-search related online advertising (Meta / Criteo)
French Competition Authority (Paris)
France 743 contributions 395653 visits
Meta makes commitments to the Autorité de la concurrence* Meta makes commitments to the Autorité de la concurrence to put an end to practices that may raise competition concerns in the French market for non-search related online advertising **Background Following a complaint by Criteo in (...)

The Irish Competition Authority requires binding commitments to clear a joint venture establishing a new mobile payments service (Allied Irish Banks / Governor and Company of the Bank of Ireland / Permanent TSB / KBC Bank Ireland / Synch Payments)
Irish Competition Authority (Dublin)
Ireland 103 contributions 16182 visits
CCPC requires binding commitments to clear establishment of new mobile payments service by banks* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a number of legally binding commitments, the proposed transaction whereby Allied Irish Banks P.L.C., the (...)

The Spanish Competition Authority extends the disciplinary proceedings for the manipulation and distribution of tenders related to military equipment (Comercial Hernando Moreno / Grupo de Ingeniería Reconstrucción y Recambios / Star Defence Logistics & Engineering / Casli)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30124 visits
The CNMC extends the disciplinary proceedings for the manipulation and distribution of tenders related to military equipment* The initiation of proceedings is extended to a parent company and 6 executives. These proceedings investigate agreements and the distribution of tenders called in (...)

The EU Court of Justice partially annuls a Commission decision in an anticompetitive tender agreement case in the optical disk drive market but upholds the amounts of fines imposed (Optical Disk Drives Cartel)
Van Bael & Bellis (Brussels)
Belgium 2 contributions 488 visits
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Van Bael & Bellis (Brussels)
Belgium 28 contributions 5363 visits
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Van Bael & Bellis (Brussels)
Belgium 386 contributions 92721 visits
On 16 June 2022, the Court of Justice of the European Union (“ECJ”) issued four judgments in which it partially annulled earlier judgments of the General Court, which had upheld the 2015 Commission Decision in relation to the optical disk drives (“ODDs”) cartel case. In that case, the (...)

The US FTC announces the launch of an inquiry into the Pharmacy Benefit Managers (PBM) industry requiring information and records from the six largest PBMs (CVS Caremark / Express Scripts / OptumRx / Humana / Prime Therapeutics / MedImpact Healthcare Systems)
Hausfeld (New York)
United States 12 contributions 2872 visits
Pharmacy benefit managers (PBMs) are intermediaries paid by health care insurers to manage their prescription benefits programs. Today, PBMs not only negotiate the prices charged by pharmaceutical manufacturers to the insurers, but they also have enormous influence on which drugs are (...)

The US FTC announces it will ramp up enforcement against illegal rebate schemes and bribes to prescription drug middleman that block cheaper drugs
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40407 visits
FTC to Ramp Up Enforcement Against Any Illegal Rebate Schemes, Bribes to Prescription Drug Middleman That Block Cheaper Drugs* Agency puts drug industry on notice that paying rebates and fees to exclude competitors offering lower-cost drug alternatives can violate competition and consumer (...)

The EU Commission carries out unannounced inspections in the water infrastructure sector over alleged bid-rigging
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
Antitrust: Commission carries out unannounced inspections in the water infrastructure sector over alleged bid-rigging* The European Commission is conducting unannounced inspections in a Member State at the premises of companies active in the construction of networks and treatment plants for (...)

The UK Competition Authority secures offer of commitments from ferry companies in relation to capacity sharing agreements (P&O Ferries / DFDS)
UK Competition & Markets Authority - CMA (London)
United Kingdom 388 contributions 95714 visits
CMA secures offer of commitments from P&O Ferries and DFDS* Following a CMA probe, P&O Ferries and DFDS have offered commitments to address concerns that their capacity sharing agreement could lead to higher prices and fewer sailings. In November 2021, the Competition and Markets (...)

The EU Commission sends a statement of objections to Czech and Austrian rail incumbents over alleged collective boycott (České dráhy / Österreichische Bundesbahnen)
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
Antitrust: Commission sends Statement of Objections to České dráhy and Österreichische Bundesbahnen over alleged collective boycott* The European Commission has informed České dráhy (‘ČD’) and Österreichische Bundesbahnen (‘ÖBB’), the Czech and Austrian rail incumbents, of its preliminary (...)

The UK Court of Appeal issues a decision on limitation of time in cartel claims (Gemalto)
Constantine Cannon (London)
United States 12 contributions 5857 visits
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Constantine Cannon (London)
United Kingdom 1 contribution 27 visits
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Constantine Cannon (New York)
United States 3 contributions 265 visits
The Danger of Waiting for a Finding of Anticompetitive Behaviour, Part 2: UK Court of Appeal Agrees Gemalto’s Claim Against the Smart Card Chips Cartel is Time Barred* The limitations period for cartel damages cases in the United Kingdom has not finished evolving, as evidenced by two recent (...)

The US DoJ receives a guilty plea to antitrust charges from a commercial flooring contractor and its former president (Commercial Carpet Consultants / Jerry P Watson)
US Department of Justice (Washington)
United States 176 contributions 74914 visits
Commercial Flooring Contractor and Its Former President Plead Guilty to Antitrust Charges* Fourth Corporation and Seventh Individual Charged in an Ongoing Investigation Commercial Carpet Consultants Inc., a Chicago-based commercial flooring contractor, and its former president, Jerry P. (...)

The German Competition Authority imposes €12.5M in fines for first-of-its-kind vertical and horizontal bid rigging in the industrial construction sector (Dillinger Hütte / Hochtief)
German Competition Authority (Bonn)
Germany 447 contributions 113862 visits
Fines imposed for concluding agreements in the industrial construction sector* The Bundeskartellamt has imposed fines totalling approx. 12.5 million euros against Aktien-Gesellschaft der Dillinger Hüttenwerke (Dillinger Hütte) and Hochtief Solutions AG (Hochtief) for concluding illegal (...)

The Brazilian Competition Authority finds mobile phone operators liable for cartel arrangements (Claro / Oi Movel / Telefonica Brasil)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 65 contributions 18342 visits
CADE fines Claro, Oi Móvel and Telefônica 783 million reais for antitrust violations in Correios’ tender* The procurement process for data transmission services took place in 2015 On 11 May 2022, the Tribunal of the Administrative Council for Economic Defense (CADE) convicted the mobile (...)

The Portuguese Competition Authority sanctions four supermarket chains and multinational supplier of food & home products for participation in a "hub-and-spoke" cartel (Auchan / E. Leclerc / Modelo Continente / Pingo Doce / Unilever)
Portuguese Competition Authority (Lisbon)
Portugal 117 contributions 28917 visits
AdC sanctions Auchan, E. Leclerc, Modelo Continente, Pingo Doce and Unilever for colluding on prices to the detriment of consumers* The decision The AdC (Portuguese Competition Authority) has sanctioned four supermarket chains – Auchan, E. Leclerc, Modelo Continente (SONAE Group), and Pingo (...)

The UK Supreme Court gives the go ahead for a follow on damages claim in a vehicle cartel case and rejects a request by another party (Trucks Cartel)
Ashurst (London)
United Kingdom 14 contributions 2473 visits
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Ashurst (London)
United Kingdom 3 contributions 577 visits
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Ashurst (London)
United Kingdom 7 contributions 1350 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 8 June 2022, the Competition Appeal Tribunal ("CAT") handed down judgment in respect of two applications for collective proceedings (heard jointly) (...)

The UK Competition Authority preliminarily determines that two sporting apparel retailers colluded with a football club to fix the prices of replica kits and other clothing products (Elite Sports / JD Sports / Rangers Football Club)
UK Competition & Markets Authority - CMA (London)
United Kingdom 388 contributions 95714 visits
CMA provisionally finds illegal price-fixing of Rangers FC merchandise* The CMA has provisionally found that Elite Sports, JD Sports and Rangers Football Club broke competition law by fixing the retail prices of certain Rangers-branded clothing products. If confirmed, the companies (...)

The Brazilian Competition Authority imposes a large fine on two HDPE pipe manufacturers and three individuals for market sharing, bid rigging and price fixing (Brastubo / Poly Easy)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 65 contributions 18342 visits
CADE convicts cartel members in the Brazilian market of pipes and fittings* The authority convicted Brastubo, Poly Easy, and three individuals to pay fines amounting to BRL 33.1 million On 27 April 2022, the Administrative Council for Economic Defense (CADE) convicted the firms Brastubo (...)

The Brazilian Competition Authority fines a provider of high-cost medical devices for bid rigging (St Jude Medical Brasil)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 65 contributions 18342 visits
CADE signs agreement in cartel investigation into public tender for orthoses, prostheses, and high-cost medical devices* The firm Saint Jude Medical Brasil must pay BRL 56.4 million as a financial contribution On 27 April 2022, the Administrative Council for Economic Defense (CADE) signed (...)

The Hong Kong Competition Authority welcomes the Court of Appeal’s ruling which upheld the fines that it had imposed on five companies for market sharing and price fixing in the public housing industry
Hong Kong Competition Commission (Hong Kong)
Hong Kong 54 contributions 11382 visits
Competition Commission welcomes Court of Appeal ruling on pecuniary penalties* The Competition Commission (“Commission”) welcomes the judgment (“Judgment”) handed down by the Court of Appeal today (2 June) in relation to appeals lodged by the Commission against pecuniary penalties imposed by (...)

The Japanese FTC investigates a lodging company for restrictive practices including demanding that partners do not provide more favourable prices on other sales channels (Expedia Lodging Partner Services)
Japan Fair Trade Commission (Tokyo)
Japan 134 contributions 23982 visits
Approval of the Commitment Plan submitted by Expedia Lodging Partner Services Sàr*l The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) has investigated Expedia Lodging Partner Services Sàrl (hereinafter referred to as the “ELPS”) in accordance with the provisions of the (...)

The Hong Kong Court of Appeal issues a judgement which finds housing contractors fully liable for price fixing and market sharing
Hogan Lovells (Beijing)
China 2 contributions 347 visits
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Hogan Lovells (Beijing)
China 81 contributions 19908 visits
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Hogan Lovells (Hong Kong)
Hong Kong 3 contributions 1236 visits
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On 2 June 2022, the Hong Kong Court of Appeal (“Court”) handed down a judgment almost doubling the financial penalties imposed by the Competition Tribunal (“Tribunal”) on five respondents in two decisions. The Tribunal had earlier found the respondents to have contravened the Competition (...)

The Lithuanian Competition Authority sanctions cartels involved in public procurement for cemetery maintenance services following extensive investigations (Būsto aplinka / City Service Engineering)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20213 visits
Cartelists have been assigned individual sanctions* The Lithuanian competition authority Konkurencijos taryba assigned individual sanctions to the companies Būsto aplinka and City Service Engineering which concluded a bid-rigging cartel. Following the ruling of the Supreme Administrative (...)

The Austrian Competition Authority publishes draft guidelines on the application of sustainability agreements
Austrian Competition Authority (Vienna)
Austria 63 contributions 7225 visits
AFCA publishes draft guidelines on the application sustainability-agreements, asking for comments* Background The "European Green Deal" is the European Commission’s ambitious program for the transformation of the European economy and society towards sustainability and climate-neutrality. (...)

Unilateral Practices

 The Spanish Competition Authority shelves an investigation against the national football federation clearing it of a prior formal indictment for abuse of a dominant position (Real Federación Española de Fútbol)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46237 visits
The CNMC has recently closed an investigation into an alleged abuse of dominance by the Royal Spanish Football Federation (Real Federación Española de Fútbol, or RFEF) concerning the commercialization of the broadcasting rights of the Second B and Third football divisions (both are (...)

The New Caledonian Competition Authority sanctions an optical company for abuse of dominance in the market for the distribution of eyeglasses in North Province (Mutuelle du nickel)
New Caledonia Competition Authority (Noumea)
New Caledonia 29 contributions 2972 visits
Dismissal for cartel but penalty for abuse of a dominant position by the Mutuelle du nickel for denigration to the tune of 2.5 MF in the sector of the distribution of optical equipment and medical eyewear (Decision No. 2022-PAC- 04 rect of 6/30/22)* Following the complaint of the union of (...)

The French Competition Authority accepts a Big Tech’s commitments to create a framework for the transparent assessment of the remuneration of related rights for the benefit of press agencies and publishers (Google)
French Competition Authority (Paris)
France 743 contributions 395653 visits
The Autorité accepts Google’s commitments to create a framework for negotiating and sharing the information necessary for a transparent assessment of the remuneration of related rights and makes these commitments binding Background Today, the Autorité de la concurrence issues a decision in (...)

The German Competition Authority initiates proceedings against a Big Tech for possible anti-competitive restrictions on map services (Google Maps)
German Competition Authority (Bonn)
Germany 447 contributions 113862 visits
Proceeding against Google for possible anti-competitive restrictions of map services (Google Maps Platform)* Bonn, 21 June 2022: The Bundeskartellamt has initiated a proceeding against Google Germany GmbH, Hamburg and Alphabet Inc., Mountain View, USA. The proceeding is to examine possible (...)

The French Competition Authority accepts an advisory firm as the monitoring trustee to ensure a Big Tech firm complies with commitments (Google / Accuracy)
French Competition Authority (Paris)
France 743 contributions 395653 visits
Related rights: The advisory firm, Accuracy, has been accepted by the Autorité de la concurrence as a monitoring trustee in the case involving Google* On Friday 7 September, the Autorité de la concurrence accepted the advisory firm, Accuracy, as a monitoring trustee in the case involving (...)

The Italian Competition Authority finds abusive conducts interfering with a competitive tender procedure for the selection of providers of local public transport services in Tuscany (Regione Toscana / Gara per l’affidamento del servizio di trasporto pubblico locale)
Municipality of Cagliari
167 contributions 133292 visits
The Italian Competition Authority finds abusive conducts interfering with a competitive tender procedure for the selection of providers of local public transport services in Tuscany (Gara TPL Tuscany) By an infringement decision handed down in the case Gara TPL Toscana, the Italian (...)

The French Competition Authority accepts a Big Tech company’s commitments to compensate publishers for the use of journalistic content (Google)
Van Bael & Bellis (Brussels)
Belgium 59 contributions 14100 visits
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Toyota (Brussels)
Belgium 38 contributions 8184 visits
On 21 June 2022, the French Competition Authority (“FCA”) announced that it accepted Google’s commitments related to compensating French publishers for the use of their journalistic content in a range of Google’s services. This brings to an end the FCA’s investigation into Google’s alleged (...)

The UK Competition Authority fines a domestic light fittings company £1.5M for restricting the level of discounts retailers could offer to customers online (Dar Lighting)
UK Competition & Markets Authority - CMA (London)
United Kingdom 388 contributions 95714 visits
Dar Lighting fined £1.5 million for illegally preventing online price discounts* The CMA has issued millions of pounds worth of fines in recent years to firms, including those in the lighting and musical instrument sectors, for preventing retailers from offering discounts online. Most (...)

The French Competition Authority accepts commitments from a social media platform to remedy competition concerns over a refusal to provide access to a marketing tool (Meta)
Van Bael & Bellis (Brussels)
Belgium 59 contributions 14100 visits
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Toyota (Brussels)
Belgium 38 contributions 8184 visits
On 16 June 2022, the French Competition Authority (“FCA”) announced that it accepted Meta’s commitments related to practices that would have raise competition concerns in the French market for non-search related online advertising. This clarifies the conditions of access to Meta’s partnership (...)

The EU General Court annuls the Commission’s decision imposing a near-billion euro fine on a chip manufacturer for exclusivity payments to phone producer (Qualcomm)
Clifford Chance (London)
United Kingdom 2 contributions 164 visits
The judgment is a rare full annulment in an abuse of dominance case, and the first of an Article 102 TFEU decision adopted by Commissioner Margrethe Vestager. Background On 24 January 2018, the European Commission (EC) imposed a fine of EUR 997 million on Qualcomm for breaching Article 102 (...)

The EU General Court annuls in its entirety the Commission’s decision to fine a chipmaker €1B for exclusivity payments to a smartphone manufacturer on the grounds that the economic analysis was unsubstantiated and procedural errors undermined the rights of the defence (Qualcomm)
Toyota (Brussels)
Belgium 38 contributions 8184 visits
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Van Bael & Bellis (Brussels)
Belgium 23 contributions 24347 visits
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Van Bael & Bellis (Brussels)
Belgium 1 contribution 127 visits
On 15 June 2022, the General Court of the European Union (“GC”) upheld all of Qualcomm’s arguments and therefore annulled the decision of the European Commission (“Commission”) fining Qualcomm € 1 billion for abuse of dominant position on the Long-Term Evolution (“LTE”) chipsets market. In (...)

The EU General Court annuls the Commission’s decision regarding a dominant chip manufacturer as a result of insufficient analysis of anticompetitive effects and on procedural grounds (Qualcomm)
McDermott Will & Emery (Paris)
France 134 contributions 66052 visits
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McDermott Will & Emery (Brussels)
Belgium 22 contributions 4805 visits
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McDermott Will & Emery (Paris)
France 32 contributions 7522 visits
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On June 15, 2022, the EU General Court (GCEU) annulled the EU Commission’s (EC) decision C (2018) 240 final dated January 24, 2018 in Case AT.40220 in which the EC had imposed a fine of EUR 997.439 million on Qualcomm Inc. (Qualcomm) for having allegedly abused its dominant position on the (...)

The Spanish Competition Authority fines an energy company €4.9M for abusively providing its own renewable energy business with favourable access to the grid through access nodes which it attained by virtue of its dominance (Enel)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30124 visits
The CNMC fines Enel Green 4.9 million euros for abusing its dominant position in two access nodes to the power transmission network* Enel Green Power S.L. (Enel Green) abused its status as the so-called “Sole Node Interlocutor” (IUN in Spanish) in two access nodes to the power transmission (...)

The Spanish Competition Authority imposes a €4.9M fine on an energy grid and utility company for providing access to the grid on more favourable terms to its own downstream business than it does to rivals (Enel)
Van Bael & Bellis (Brussels)
Belgium 59 contributions 14100 visits
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Legance - Studio Legale (Milan)
Italy 5 contributions 1906 visits
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Van Bael & Bellis (Brussels)
Belgium 29 contributions 5288 visits
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On 10 June 2022, the Spanish Competition Authority (“SCA”) found that Enel Green Power SL (“Enel”), and its parent company Endesa Generación SA (“Endesa”) infringed the Spanish national provision prohibiting abuses of dominant position by taking advantage of its dominant position in the market (...)

The Hellenic Competition Authority carries out an unannounced inspection into the transport industry
Hellenic Competition Commission (Athens)
Greece 128 contributions 17301 visits
Unannounced inspection by the HCC in the transport industry* On 2/6/2022, officials of the Hellenic Competition Commission (HCC) carried out an unannounced inspection at the premises of an undertaking active in the transport sector, in the context of investigating a possible abuse of (...)

The French Supreme Court rejects an appeal by a pharmaceutical company which alleged that a €21M fine imposed by the Competition Authority was erroneous (Janssen-Cilag)
Dechert (Paris)
France 47 contributions 68916 visits
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Dechert (Paris)
France 20 contributions 22091 visits
On 1 June 2022, the French Supreme Court (the “Supreme Court”) entirely dismissed the appeal of Janssen-Cilag (“Janssen”) and its parent company Johnson & Johnson against a judgment of the Paris Court of Appeal (the “Court of Appeal”) of 11 July 2019 in the Durogesic® case. However, this (...)

The French Supreme Court agrees with the Paris Court of Appeal’s decision reducing a €25M fine to €21M for abuse of dominance by obstructing the entrance of generic drugs onto the market (Janssen-Cilag)
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22898 visits
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Van Bael & Bellis (Brussels)
Belgium 154 contributions 52737 visits
,
Van Bael & Bellis (Brussels)
Belgium 56 contributions 25474 visits
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On 1 June 2022, the French Supreme Court (Cour de cassation) upheld the judgment of the Paris Court of Appeal, which in turn largely upheld the 2017 decision of the French Competition Authority (FCA) to impose fines of EUR 25 million on Janssen Cilag and its parent company Johnson & (...)

Mergers

 The Georgian Competition Authority announces it will study the merger between two teaching hospitals to determine whether it may have anticompetitive effects (European University / Jo Ann University Hospital)
Georgian Competition Authority (Georgia)
Georgia 9 contributions 551 visits
The National Competition Agency will study the merger of "European University" and " Jo Ann University Hospital "* The National Competition Agency of Georgia has started administrative proceedings regarding the concentration (merger) between " European University" and “Joe Ann University (...)

The Romanian Competition Authority assesses takeover transaction of two construction companies by an investment fund for impact on competition (Lorencic / Lonrencic Bauservice / Unternehmensbeteilgungs Aktiengesells)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27967 visits
Competition council assesses the taking over of Lorencic Gmbh and Lorencic Bauservice SRL by Invest Unternehmensbeteiligungs Aktiengesells* The Competition Council assesses the transaction through which Invest Unternehmensbeteiligungs Aktiengesellschaft (Austria) takes over Lorencic GmbH Nfg (...)

The New Zealand Competition Authority releases a statement of issues on the acquisition transaction between two manufacturing companies in the real estate construction sector (Sika / MBBC)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23799 visits
Statement of Issues released for Sika/MBCC* The Commerce Commission has published a Statement of Issues relating to the clearance application for Sika AG to acquire the MBCC Group (the Proposed Acquisition) as part of a global transaction. As part of its application for clearance, Sika has (...)

The Romanian Competition Authority approves the takeover transaction between two pharmaceutical companies (Gifarm / Marcos)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27967 visits
COMPETITION COUNCIL APPROVED THE TAKING OVER OF GIFARMS.R.L. BY MARCOS PROVIT S.A* The Competition Council approved the transaction through which Marcos Provit S.A. takes over Gifarm S.R.L. Marcos Provit S.A., part of Evofarm Group, is active in the market of pharmaceutical and (...)

The US DoJ sues to block an acquisition transaction between two national security companies (Booz Allen Hamilton / EverWatch)
US Department of Justice (Washington)
United States 176 contributions 74914 visits
Acquisition Would Eliminate Competition Between the Only Two Competitors for Critical National Security Support Services* Acquisition Would Eliminate Competition Between the Only Two Competitors for Critical National Security Support Services The Department of Justice filed a civil (...)

The Latvian Competition Authority allows the acquisition of a pharmaceutical by a rival, conditional on the spinning off of some operations (AB City / Olainfarm)
Latvian Competition Council (Riga)
Latvia 123 contributions 23831 visits
Repharm parent company ‘AB City’ conditionally allowed to buy ‘Olainfarm’* On June 14, the Competition Council (CC) made a decision to allow JSC “AB City” to acquire a sole decisive influence over JSC “Olainfarm”. At the same time, in order to prevent possible risks to competition and (...)

The German Competition Authority clears an acquisition transaction between eye laser clinics (SmileEyes / MVZ)
German Competition Authority (Bonn)
Germany 447 contributions 113862 visits
Bundeskartellamt clears acquisition of eye and eye laser clinics in Central Germany by SmileEyes group* The Bundeskartellamt has granted the eye clinic chain “SmileEyes”, which is owned by financial investor Trilantic, permission to acquire MVZ Augen- und Laserzentren Mitteldeutschland GmbH, (...)

The Romanian Competition Authority assesses the taking over of debts and assets by a real estate fund (APS Zeta)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27967 visits
The Competition Council assesses the taking over of some debt and assets by APS Zeta* The Competition Council assesses the taking over by which APS Zeta S.A. intends to buy a portfolio of non-performing loans, leasing debt and assets from members part of Bank of Cyprus Group. APS Zeta S.A. (...)

The Romanian Competition Authority approves a transaction by which 3 Belgian companies will be controlled by two telecommunication companies (RCS & RDS / Citymesh)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27967 visits
Competition Council approved the transaction by which 3 companies from Belgium will be controlled by RCS & RDS S.A and Citymesh N.V* The Competition Council approved the transaction by which RCS & RDS S.A. and Citymesh N.V. will control together three companies from Belgium: (...)

The New Caledonian Competition Authority authorises the acquisition of a supermarket by a rival subject to behavioural remedies (Aline / SAS Johnston Distribution)
New Caledonia Competition Authority (Noumea)
New Caledonia 29 contributions 2972 visits
Authorization subject to commitments for the acquisition of the business of the "Johnston" hypermarket by the Aline group (decision no. 2022-DCC-02 of June 28, 2022)* In its decision n° 2022-DCC-02 of June 28, 2022, the Autorité authorizes, subject to compliance with four commitments, made (...)

The German Competition Authority clears the acquisition transaction between two vehicle sharing companies (Sharenow / Stellantis)
German Competition Authority (Bonn)
Germany 447 contributions 113862 visits
Bundeskartellamt clears acquisition of Share Now by Stellantis* The Bundeskartellamt has today cleared the acquisition of Share Now GmbH, Berlin, by Stellantis N.V., Amsterdam. Share Now offers car sharing services in the German cities Berlin, Frankfurt, Hamburg, Munich, Cologne, (...)

The German Competition Authority clears an acquisition deal between two veterinary hospitals (Tierklinik Hofheim / Chain IVC Evidensia)
German Competition Authority (Bonn)
Germany 447 contributions 113862 visits
Bundeskartellamt clears acquisition of Tierklinik Hofheim by veterinary hospital chain IVC Evidensia* Following intensive investigations the Bundeskartellamt has cleared the acquisition of Tierklinik Hofheim (Taunus region, Germany) by the internationally active veterinary hospital chain (...)

The Romanian Competition Authority approves a merger between two Italian companies active in the pharmaceutical and home beauty products’ market (Fameccanica / Angelini Holding)
Romanian Competition Council (Bucharest)
Romania 160 contributions 27967 visits
THE COMPETITION COUNCIL APPROVED THE TAKING OVER OF FAMECCANICA BY ANGELINI HOLDING* The Competition Council approved the transaction by which Angelini Holding S.p.A., Italy, takes over Fameccanica Data S.p.A., Italia. Angelini Group operates in the following business sectors: (...)

The New Zealand Competition Authority clears acquisition transaction between two cold storage service providers (Lineage Logistics / Cold Storage Nelson)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23799 visits
Lineage Logistics cleared to acquire Cold Storage Nelson* The Commerce Commission has granted clearance to Lineage Logistics New Zealand (Lineage) in relation to its proposed acquisition of Cold Storage Nelson Limited (CSN). Both Lineage and CSN are providers of cold storage services (...)

The Australian Competition Authority approves the acquisition transaction between two major fertility services suppliers (Liverpool Partners / Genea)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82539 visits
Liverpool Partners’ proposed acquisition of Genea not opposed* The ACCC will not oppose the proposed acquisition of Genea Limited (Genea) by Liverpool Partners Pty Ltd (LVP). LVP recently acquired Adora Fertility Pty Ltd on 1 June 2022. Adora and Genea both supply fertility services (...)

The EU Commission opens an in-depth investigation into a proposed acquisition transaction between two fuel suppliers in Slovenia (OMV Slovenija / MOL)
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
Mergers: Commission opens in-depth investigation into the proposed acquisition of OMV Slovenija by MOL* The European Commission has opened an in-depth investigation to assess the proposed acquisition of OMV Slovenija by MOL under the EU Merger Regulation. The Commission is concerned that the (...)

The EU General Court upholds the Commission’s decision to block a joint venture between two steel producers on the grounds that the Commission must be shown a degree of deference when making its significant impediment of effective competition assessment (ThyssenKrupp / Tata Steel)
Van Bael & Bellis (Brussels)
Belgium 38 contributions 9553 visits
On 22 June 2022, the GC upheld in full the Commission’s 2019 decision to block a joint venture between ThyssenKrupp and Tata Steel (“the JV”). This was the first appeal of a merger prohibition since the GC overturned the Commission’s prohibition of CK Hutchison’s proposed acquisition of O2 UK (...)

The EU General Court upholds the Commission’s decision prohibiting the proposed merger between two steel producers (Thyssenkrupp / Tata Steel)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 29922 visits
The General Court upholds the Commission’s decision prohibiting the proposed merger between thyssenkrupp and Tata Steel * Thyssenkrupp, a German industrial group, and Tata Steel, a company whose registered office is in India, are active, inter alia, in the manufacturing and supply of flat (...)

The EU General Court upholds the decision of the Commission to block a joint venture between two large steel producers (ThyssenKrupp / Tata Steel)
Covington & Burling (Brussels)
Belgium 49 contributions 17727 visits
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Covington & Burling (London)
United Kingdom 5 contributions 2055 visits
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Covington & Burling (Brussels)
Belgium 2 contributions 1092 visits
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This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 22 June 2022, the EU’s General Court (“GC”) fully dismissed thyssenkrupp’s appeal against the European Commission’s (“Commission”) decision to block its (...)

The New Zealand Competition Authority receives application for merger clearance withdrawal in relation to a merger transaction between two consumer finance companies (Latitude / Humm)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23799 visits
Latitude withdraws application to acquire Humm’s consumer finance business* Latitude Group Holdings Limited has formally withdrawn its application to the Commerce Commission for clearance to acquire Humm Group Limited’s consumer finance business. The Commission had been scheduled to make a (...)

The Spanish Competition Authority initiates disciplinary proceedings against a major telecommunications company for breach of commitments in the acquisition of a mobile operations company (Telefónica / DTS)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30124 visits
The CNMC initiates disciplinary proceedings against Telefónica for possible breach of the commitments acquired in the acquisition of DTS* Telefónica has allegedly breached its reporting obligations, thus evading one of the commitments acquired in 2015. It is imperative to verify the effective (...)

The Commission approves subject to conditions an acquisition transaction between two foodservice equipment companies (Ali Group / Welbit)
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
Mergers: Commission approves Ali Group’s acquisition of Welbilt, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Welbilt by Ali Group. The approval is conditional on full compliance with commitments offered by Ali (...)

The Lithuanian Competition Authority decides to investigate a merger between two providers of elevator maintenance services, notwithstanding the fact that the thresholds for notification are not met (Kauno liftai / Baltijos liftai)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20213 visits
LITHUANIAN COMPETITION AUTHORITY WILL REVIEW TRANSACTION BETWEEN KAUNO LIFTAI AND BALTIJOS LIFTAI ON ITS OWN INITIATIVE* The Lithuanian competition authority Konkurencijos taryba has decided to apply the merger control procedure on its own initiative and assess whether the acquisition by (...)

The New Zealand Competition Authority receives merger clearance application from a global technology company for the acquisition of a video games company (Microsoft / Activision Blizzard)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23799 visits
Microsoft seeks clearance to acquire Activision Blizzard* The Commerce Commission has received a clearance application in relation to the proposed acquisition by Microsoft Corporation (Microsoft), via a wholly owned subsidiary, of Activision Blizzard Inc (Activision). Both parties are (...)

The Japanese FTC publishes a call for comments on the proposed acquisition of a cybersecurity firm by a Big Tech firm (Google / Mandiant)
Japan Fair Trade Commission (Tokyo)
Japan 134 contributions 23982 visits
The JFTC Seeks Information and Comments from Third Parties Concerning the Proposed Acquisition of Mandiant, Inc. by Google LLC* The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) has been reviewing possible impacts on competition from the proposed acquisition of (...)

The Saudi Arabian Competition Authority blocks the partial acquisition of a gas transportation firm by the national gas distribution company (GASCO / Best Gas)
General Authority for Competition (Riyadh)
Saudi Arabia 19 contributions 1590 visits
The Board of Directors of the General Authority for Competition announces the refusal to complete the process of economic concentration between the National Gas and Industrialization Company* The General Authority for Competition received a request for the National Gas and Industrialization (...)

The Japanese FTC publishes a call for comments on the proposed acquisition of a video game publisher by a Big Tech firm (Microsoft / Activision Blizzard)
Japan Fair Trade Commission (Tokyo)
Japan 134 contributions 23982 visits
The JFTC Seeks Information and Comments from Third Parties Concerning the Proposed Acquisition of Activision Blizzard, Inc. by Microsoft Corporation* The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) has been reviewing possible impacts on competition from the proposed (...)

The Australian Competition Authority opposes the acquisition transaction between two companies in the conveyancing sector for giving rise to competition concerns through vertical integration (Dye & Durham / Link)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82539 visits
Dye & Durham’s proposed acquisition of Link raises preliminary competition concerns* The ACCC has outlined significant preliminary competition concerns with Dye & Durham’s (D&D) proposed acquisition of Link Administration Holdings (ASX:LNK) in a statement of issues published (...)

The Saudi Arabian Competition Authority blocks a partial vertical acquisition between the national gas distribution company and a gas transporter (GASCO / Best Gas)
White & Case (Brussels)
Belgium 17 contributions 10886 visits
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White & Case (Washington)
United States 9 contributions 3849 visits
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White & Case (Brussels)
Belgium 2 contributions 1125 visits
On 16 June 2022, Saudi Arabia’s General Authority for Competition announced its decision to block National Gas and Industrialization Company from acquiring a majority stake in Best Gas Carrier on the basis of vertical competition concerns. This is the first vertical merger prohibited by the (...)

The New Zealand Competition Authority issues a Statement of Issues on jet fuel acquisitions by a global oil company (Mobil Oil)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23799 visits
Commission to issue Statement of Issues on Mobil jet fuel acquisitions* The Commerce Commission has decided to issue a Statement of Issues relating to applications for clearance from Mobil Oil New Zealand Limited to acquire up to 100% of Z Energy Limited’s ownership interest in two assets (...)

The US FTC opposes proposed merger transaction between two rival healthcare companies (RWJ Barnabas / Saint Peter’s Healthcare System)
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40407 visits
Federal Trade Commission Opposition to Transaction Leads New Jersey Healthcare Rivals RWJBarnabas Health and Saint Peter’s Healthcare System to Abandon Proposed Merger* FTC Alleged Transaction Would Have Increased Prices and Reduced Quality of Care for Patients by Eliminating Head-to-Head (...)

The UK Competition Appeal Tribunal endorses the Competition Authority’s decision that a Big Tech company’s acquisition of a social media company will harm competition (Meta / Giphy)
UK Competition & Markets Authority - CMA (London)
United Kingdom 388 contributions 95714 visits
CAT endorses CMA assessment that Meta’s purchase of Giphy harms competition* The Competition Appeal Tribunal (CAT) has upheld the Competition and Markets Authority’s (CMA) decision on 5 of the 6 challenged grounds. CMA Chief Executive Andrea Coscelli said: We welcome this resounding (...)

The US FTC permits the acquisition of 60 petrol stations by an investment company subject to the waiving of non-compete obligations deemed to be facially over-broad in scope (GPM Investments / Corrigan Oil)
McDermott Will & Emery (Washington)
United States 36 contributions 5943 visits
WHAT HAPPENED GPM Investments (GPM) acquired 60 gas stations from Corrigan Oil (Corrigan). As part of the acquisition agreement, Corrigan agreed not to compete for a period of time with the gas stations purchased from Corrigan. In addition, Corrigan agreed not to compete with GPM for another (...)

The Australian Competition Authority approves the acquisition transaction between two book publication companies as not likely to impede competition (Opus / Ovato)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82539 visits
Opus’ acquisition of Ovato book printing business not opposed* The ACCC will not oppose Opus Group Pty Ltd’s (Opus) proposed acquisition of Ovato Limited’s (Ovato) (ASX: OVT) book printing business. As part of the proposed transaction, separately, Ovato would issue a convertible note to (...)

The Lithuanian Competition Authority decides that a merger between online ticket distribution platforms restricted competition (Piletilevi Group / Tiketa)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20213 visits
MERGER BETWEEN PILETILEVI GROUP AND TIKETA RESTRICTED COMPETITION* Today the Lithuanian competition authority Konkurencijos taryba has refused to clear the merger whereby the Estonian company Piletilevi Group acquired 100 per cent of the shares and sole control of the Lithuanian ticket (...)

The Brazilian Competition Authority recommends conditional clearance of the acquisition transaction between two pharmaceutical companies (Pague Menos / Extrafarma)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 65 contributions 18342 visits
CADE’s investigative arm recommends Pague Menos’ acquisition of Extrafarma be conditionally cleared* The Tribunal of the agency will review the case for a final decision CADE’s investigative body remitted the acquisition of the pharmacy chain Extrafarma to the Tribunal, suggesting its (...)

The Australian Competition Authority outlines competition concerns in relation to a proposed acquisition in the railway sector (Aurizon / One Rail)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82539 visits
ACCC consults on Aurizon’s proposed One Rail acquisition and divestiture* The ACCC has outlined preliminary competition concerns with Aurizon’s (ASX: AZJ) proposed acquisition of One Rail in a statement of issues published today. The ACCC is seeking public comment on whether these concerns (...)

The UK Competition Authority raises concerns over a merger in the market for the supply of commercial kitchen equipment (Ali Holding / Welbilt)
UK Competition & Markets Authority - CMA (London)
United Kingdom 388 contributions 95714 visits
Foodservice equipment merger gives CMA cause for concern* Following a fast track phase 1 investigation, the CMA has found that the anticipated tie-up between 2 major kitchen equipment suppliers raises competition concerns. Ali Holding S.r.l. (Ali Group) and Welbilt, Inc. (Welbilt) provide (...)

The Canadian Competition Authority approves an acquisition of a pharmacy by a rival following commitments to sell-off assets in two local markets in Saskatchewan (Neighbourly Pharmacy / Rubicon Pharmacies)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10694 visits
Competition Bureau preserves competition in supply of pharmacy products and services in Saskatchewan* The Competition Bureau announced today that it has reached an agreement with Neighbourly Pharmacy Inc. to resolve competition concerns related to its proposed acquisition of Rubicon (...)

The US FTC seeks to block another two hospital mergers following recent successes and growing concerns over increased concentration in the hospitals sector (HCA Healthcare / Steward Health Care System) (RWJ Barnabas Health / Saint Peter’s Healthcare System)
Hogan Lovells (Washington)
United States 4 contributions 1448 visits
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Hogan Lovells (Washington)
United States 3 contributions 1247 visits
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Hogan Lovells (Washington)
United States 6 contributions 2169 visits
On the heels of two successful hospital merger challenges in the last year, the FTC announced on Thursday that it is bringing two new cases seeking to block proposed hospital transactions: RWJBarnabas Health’s (RWJ’s) acquisition of Saint Peter’s Healthcare System (Saint Peter’s) in New Jersey (...)

The Irish Competition Authority conditionally clears the merger between two supermarket chain companies subject to legally binding commitments (Tesco / Joyce)
Irish Competition Authority (Dublin)
Ireland 103 contributions 16182 visits
CCPC requires binding commitments to clear Tesco Ireland’s proposed acquisition of Joyce’s Supermarkets* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a number of legally binding commitments, the proposed acquisition by Tesco Ireland Limited (Tesco) of (...)

The Georgian Competition Authority fines a teaching hospital for gun jumping (European University / Jo Ann University Hospital)
Georgian Competition Authority (Georgia)
Georgia 9 contributions 551 visits
NATIONAL COMPETITION AGENCY HAS FINED EDUCATIONAL INSTITUTION FOR NOT NOTITYING THE CONCENTRATION* The National Competition Agency has fined European University for not notifying the concentration. The case concerns the acquisition of “Jo Ann University Hospital” by the European University (...)

The US FTC files a lawsuit seeking to prevent a merger between two healthcare providers which service over 80% of Utah’s residents, finding that the merger would result in elimination of a low-cost provider (HCA Healthcare / Steward Health Care System)
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40407 visits
The Federal Trade Commission has authorized an administrative complaint and a lawsuit in federal court to block the proposed merger between Utah healthcare competitors HCA Healthcare and Steward Health Care System. The agency alleges that the deal would eliminate the second and fourth largest (...)

The Turkish Competition Authority publishes a new decision regarding the local threshold exception for acquisitions in the software sector (Providence / Airties)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81296 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 1492 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 3 contributions 550 visits
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Introduction On 2 June 2022, the Turkish Competition Board unconditionally approved the indirect acquisition of sole control over Airties Kablosuz İletişim San ve Dış Tic AŞ (Airties) by Providence Managing Member LLC’s (Providence’s) wholly-owned indirect subsidiary, P8 Holding 2 Sàrl (P8 (...)

The US FTC seeks to block a merger between two local hospitals which would give the combined entity a local market share of over 50% in some services (RWJ Barnabas Health / Saint Peter’s Healthcare System)
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40407 visits
FTC Sues to Block Merger Between New Jersey Healthcare Rivals RWJBarnabas Health and Saint Peter’s Healthcare System* Agency Alleges that Deal Would Increase Prices and Reduce Quality of Care for Patients by Eliminating Head-to-Head Competition The Federal Trade Commission authorized an (...)

The US FTC seeks to force two merging gas distributors to sell off operations in three local markets over competition concerns (Buckeye Partners / Magellan Midstream Partners)
US Federal Trade Commission (FTC) (Washington)
United States 172 contributions 40407 visits
The Federal Trade Commission today took action to protect competition in gasoline, diesel, and other fuel markets in South Carolina and Alabama, requiring pipeline and storage companies Buckeye Partners, L.P. and Magellan Midstream Partners, L.P. to divest to U.S. Venture, Inc. petroleum (...)

The Canadian Competition Authority permits a paper manufacturer to acquire rival subject to divestment of pulp mill (Kruger / Paper Excellence)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10694 visits
Competition Bureau approves Kruger as buyer of Paper Excellence’s pulp mill in Kamloops, B.C* The Competition Bureau has approved Kruger Specialty Papers Holding L.P., an affiliate of Kruger Inc., as the purchaser of Paper Excellence’s pulp mill in Kamloops, British Columbia, as required by (...)

The Cypriot Competition Authority receives notification for an acquisition of a pharmaceutical company by a Luxembourg-based investment firm (Astrong Fund VIII / Corden Pharma)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8472 visits
Notification of a concentration concerning the acquisition by Astrong Fund VIII, SCSp of the share capital of Corden Pharma Holding S.E. and Corden Pharma US Holdings, Inc.* The Service of the Commission for the Protection of Competition announces that it has received a notification of (...)

The UK Competition Authority orders a provider of helicopter transport to North Sea oil rigs to unwind the acquisition of one of its three rivals (CHC / Babcock)
UK Competition & Markets Authority - CMA (London)
United Kingdom 388 contributions 95714 visits
CMA requires CHC to unwind helicopter services deal* CHC must unwind its completed acquisition of Babcock’s oil and gas offshore helicopter services to address competition concerns. This decision by the Competition and Markets Authority (CMA) follows an in-depth Phase 2 investigation into (...)

State Aid

 The EU Commission approves a Polish State aid scheme worth €1.2B to support companies in context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves €1.2 billion Polish scheme to support companies in context of Russia’s invasion of Ukraine* The European Commission has approved a €1.2 billion Polish scheme (PLN 5.5 billion) to support companies across sectors in the context of Russia’s invasion of Ukraine. (...)

The EU Commission opens an in-depth investigation into Czech support for a new nuclear power plant (Elektrárna Dukovany II)
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State Aid: Commission opens in-depth investigation into Czech support for new nuclear power plant in Dukovany* The European Commission has opened an in-depth investigation to assess whether public support that Czechia plans to grant for the construction of a new nuclear power plant in (...)

The EU Commission approves a Slovenian scheme worth €140M to support companies in context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves €140 million Slovenian scheme to support companies in context of Russia’s invasion of Ukraine* The European Commission has approved a €140 million Slovenian scheme to support companies across sectors in the context of Russia’s invasion of Ukraine. The scheme (...)

The EU Commission approves €1 million Croatian scheme to support maize seed producers in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves €1 million Croatian scheme to support maize seed producers in context of Russia’s invasion of Ukraine* The European Commission has approved a €1 million (HRK 7.5 million) Croatian scheme to support maize seed producers in the context of Russia’s invasion of (...)

The EFTA Surveillance Authority approves Norway’s financing of a new airport in Mo i Rana
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28132 visits
ESA greenlights Norway’s financing of a new airport in Mo i Rana* The EFTA Surveillance Authority (ESA) has today concluded that the funding by the Norwegian State and Rana municipality for the construction of a new airport in the vicinity of Mo i Rana, a city located in the Helgeland (...)

The EU General Court dismisses in its entirety an action seeking annulment of the decision by the Commission to approve aid granted by Finland to a major airline (Finnair)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 29922 visits
The action seeking annulment of the decision by the Commission to approve aid granted by Finland to the airline Finnair is dismissed in its entirety* The Commission was entitled to approve the recapitalisation of Finnair, carried out by its public and private owners on a pro rata basis in (...)

The EU General Court issues a decision which confirms that Member States have a right to grant State aid to undertakings of their choice rather than to all undertakings that may need or somehow “deserve” State aid (Ryanair)
Maastricht University
Belgium 353 contributions 64328 visits
Individual Aid to Counter the Effects of Serious Economic Disturbance Is Legally Possible, but Is it Appropriate?* Individual aid need not be capable itself to remedy serious economic disturbance in the economy of a Member State. It is sufficient that it contributes to that effect. (...)

The EFTA Surveillance Authority approves Norwegian aid scheme for businesses affected by Russia’s war against Ukraine
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28132 visits
ESA approves Norwegian aid scheme for businesses affected by Russia’s war against Ukraine* The EFTA Surveillance Authority (ESA) has today approved an aid scheme for Norwegian undertakings that would normally receive a significant part of their turnover from customers based in Ukraine, (...)

The EU Commission approves €500 million Romanian scheme under Recovery and Resilience Facility to support the establishment of new forest areas
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves €500 million Romanian scheme under Recovery and Resilience Facility to support the establishment of new forest areas* The European Commission has approved, under EU State aid rules, a €500 million Romanian scheme made available through the Recovery and (...)

The EU Commission approves €1.14 billion Hungarian scheme to support companies in context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves €1.14 billion Hungarian scheme to support companies in context of Russia’s invasion of Ukraine* The European Commission has approved a €1.14 billion (HUF 442.37 billion) Hungarian scheme to support companies across sectors in the context of Russia’s invasion of (...)

The EU Commission approves €1.7 billion Italian scheme to support investment towards a sustainable recovery
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves €1.7 billion Italian scheme to support investment towards a sustainable recovery* The European Commission has approved a €1.7 billion Italian scheme aimed at providing investment support towards a sustainable recovery. The scheme was approved under the State (...)

The EU Commission approves a €374M Italian scheme to compensate rail freight transport companies for the damage suffered due to the coronavirus pandemic
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves €374 million Italian scheme to compensate rail freight transport companies for the damage suffered due to the coronavirus pandemic* The European Commission has approved, under EU State aid rules, €374 million Italian support to compensate rail freight transport (...)

The EU Commission approves €3.9 million Estonian scheme to support agricultural producers in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves €3.9 million Estonian scheme to support agricultural producers in context of Russia’s invasion of Ukraine* The European Commission has approved a €3.9 million Estonian scheme to support the beef, poultry and horticulture sectors in the context of Russia’s (...)

The EU Commission approves €226 million Hungarian scheme to support SMEs in context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves €226 million Hungarian scheme to support SMEs in context of Russia’s invasion of Ukraine* The European Commission has approved a €226 million (HUF 90 billion) Hungarian scheme to support small and medium-sized enterprises (‘SMEs’) across sectors in the context (...)

The EU Commission approves award of slots at Lisbon airport to Swiss low-cost airline company following national competitor’s restructuring (Easyjet / TAP Air Portugal)
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves award of slots at Lisbon airport to easyJet following TAP Group’s restructuring* The European Commission has ranked easyJet first among the air carriers that have applied for the portfolio of up to 18 daily slots at Lisbon airport. The slots will be made (...)

The EU Commission approves €500 million Finnish scheme to support companies in context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves 500 million Finnish scheme to support companies in context of Russia’s invasion of Ukraine* The European Commission has approved an €500 million scheme to support companies active in the context of Russia’s invasion of Ukraine. The scheme was approved under the (...)

The EFTA Surveillance Authority approves aid scheme for Icelandic aviation academies or losses resulting from COVID-19 restrictions
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28132 visits
COVID-19: ESA approves aid scheme for Icelandic aviation academies* The EFTA Surveillance Authority (ESA) has today approved an Icelandic scheme that compensates aviation academies for losses resulting from COVID-19 restrictions. The objective of the scheme is to ensure access to (...)

The EU Commission approves €400M Portuguese recapitalisation scheme to support companies affected by the COVID-19 pandemic
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves €400 million Portuguese recapitalisation scheme to support companies affected by the coronavirus pandemic* The European Commission has approved a €400 million Portuguese scheme to support strategic companies affected by the coronavirus pandemic. The scheme was (...)

The EU Commission approves €8.4B Spanish and Portuguese measure to lower electricity prices amid energy crisis
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves Spanish and Portuguese measure to lower electricity prices amid energy crisis* The European Commission has approved, under EU State aid rules, a €8.4 billion Spanish and Portuguese measure aimed at reducing the wholesale electricity prices in the Iberian market (...)

The EU General Court issues a decision on the application of State aid rules to the tax treatment of transactions between companies that belong to the same multinational group (ITV)
Maastricht University
Belgium 353 contributions 64328 visits
Territoriality and the Tax Treatment of Intra-group Transactions* A special tax rule can constitute the reference or normal system of taxation if it is “severable” from other tax rules and has its own legal logic. Introduction The application of State aid rules to the tax treatment of (...)

The EU Commission approves €453.25M Portuguese restructuring aid in favour of a regional air carrier (SATA Group)
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves €453.25 million Portuguese restructuring aid in favour of SATA Group* The European Commission has approved, under EU State aid rules, Portugal’s plans to grant air carrier SATA Air Açores (‘SATA’) restructuring aid for a total amount of €453.25 million. The (...)

The EU Commission opens an investigation into whether Czech support for digital terrestrial television operators breaches EU State aid rules (Česká televize / České Radiokomunikace / Digital Broadcasting)
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission opens in-depth investigation into Czech support measure for Digital Terrestrial Television operators* The European Commission has opened an in-depth investigation to assess whether public support that Czechia plans to grant in favour of Digital Terrestrial Television (...)

The EU Commission green-lights a €160M Portuguese scheme to alleviate the damage done to gas-intensive industries amid rising gas prices due to the Russo-Ukrainian War
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves €160 million Portuguese scheme to support gas intensive companies in context of Russia’s invasion of Ukraine* The European Commission has approved a €160 million Portuguese scheme to support gas intensive companies in the context of Russia’s invasion of (...)

The EU Commission accepts Lithuania’s €20M support scheme to ease the effects on businesses caused by Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves €20 million Lithuanian scheme to support companies in context of Russia’s invasion of Ukraine* The European Commission has approved a €20 million Lithuanian scheme to support companies across sectors in the context of Russia’s invasion of Ukraine. The scheme (...)

The EU Commission approves Finland’s 5-year regional aid map
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves 2022-2027 regional aid map for Finland* The European Commission has approved under EU State aid rules Finland’s map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines (’RAG’). The (...)

The EU Commission agrees to a Spanish scheme worth €10B to support businesses in the context of Russian aggression in Ukraine
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves €10 billion Spanish scheme to support companies in context of Russia’s invasion of Ukraine* The European Commission has approved an up to €10 billion Spanish scheme (“National Guarantee Scheme”) to support self-employed and companies across sectors in the (...)

The EU Commission approves a Greek scheme worth €50M to support the livestock industry in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
State aid: Commission approves €50 million Greek scheme to support the livestock sector in context of Russia’s invasion of Ukraine* The European Commission has approved a €50 million Greek scheme to support the livestock sector in the context of Russia’s invasion of Ukraine. The scheme was (...)

Procedures

 The EU Commission launches a consultation seeking feedback on its antitrust procedural framework
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 14 contributions 5087 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 6 contributions 1554 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 2 contributions 570 visits
On June 30, 2022, the European Commission (“EC”) launched a public consultation seeking feedback on the performance of Regulation 1/2003 and Regulation 773/2004 (the “Regulations”), which govern the enforcement procedure of EU antitrust law. Interested parties are invited to provide comments (...)

The Chinese National People’s Congress amends the Anti-Monopoly Law to establish the "safe harbour" rule for the first time at the legislative level
AnJie Broad Law (Beijing)
China 44 contributions 12358 visits
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AnJie Broad Law (Beijing)
China 15 contributions 1834 visits
The newly amended Anti-Monopoly Law establishes the "safe harbour" rule for the first time at the legislative level. Article 18(3) of the Anti-Monopoly Law clearly stipulates that: if an operator can prove that its market share in the relevant market is lower than the standard set by the (...)

The Turkish Competition Authority declines to implement an administrative fine for senior executives deleting WhatsApp during a dawn raid because it could not ascertain when the apps were deleted
ACTECON (Istanbul)
Turkey 9 contributions 1843 visits
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ACTECON (Istanbul)
Turkey 1 contribution 79 visits
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ACTECON (Istanbul)
Turkey 1 contribution 79 visits
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Introduction In accordance with the Turkish Competition Authority’s (“TCA”) decision dated 25.11.2021 and numbered 21-57/796-M, the TCA initiated an investigation against undertakings in the market for fast-moving consumer goods to ascertain whether Article 4 of Law No. 4054 on the (...)

The EU General Court quashes dominant chip manufacturer’s antitrust fine for "exclusivity payments" and censures the EU Commission for multiple due process and substantive errors (Qualcomm)
White & Case (Brussels)
Belgium 38 contributions 65576 visits
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White & Case (Brussels)
Belgium 57 contributions 57453 visits
The General Court of the European Union delivered a blow to the European Commission in fully annulling its Qualcomm (exclusivity payments) decision of 2018 and a EUR 997 million fine. Qualcomm v Commission is the first annulment of an Article 102 TFEU decision adopted by Commissioner Margrethe (...)

The EU General Court annuls a €997M fine against a chipmaker and highlights the significance of due process and rights of defence (Qualcomm)
Linklaters (Brussels)
Belgium 7 contributions 2883 visits
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Linklaters (Paris)
France 2 contributions 1545 visits
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Linklaters (Paris)
France 2 contributions 569 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Qualcomm high-profile decision annulled: how the General Court is putting pressure on the Commission to strengthen its demonstration of anticompetitive (...)

The EU General Court annuls the commission’s decision imposing a €1B on an LTE chipset manufacturer due to procedural irregularities which affected the rights of defence and invalidated the Commission’s analysis of the alleged conduct (Qualcomm)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 29922 visits
Abuse of dominance on the LTE chipsets market: the General Court annuls the Commission decision imposing on Qualcomm a fine of approximately €1 billion* The General Court observes that a number of procedural irregularities affected Qualcomm’s rights of defence and invalidate the Commission’s (...)

The EU General Court quashes the Commission’s €1B fine against a chip manufacturer due to multiple procedural failings and flawed analysis of the effect on competition (Qualcomm)
Ashurst (London)
United Kingdom 21 contributions 4309 visits
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Ashurst (London)
United Kingdom 1 contribution 219 visits
On 15 June 2022, the General Court quashed the European Commission’s 2018 decision which found that Qualcomm had abused its dominant position by making exclusivity payments to Apple in relation to the supply of LTE chipsets. The General Court annulled the decision in its entirety, on the (...)

The German Federal Court of Justice opens the door to collective action claims in cartel cases (financialright)
Hausfeld (Berlin)
Germany 11 contributions 3067 visits
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Hausfeld (Berlin)
Germany 1 contribution 130 visits
With its recent decision in the financialright case the highest German civil court, the Federal Court of Justice (Bundesgerichtshof, “BGH”), clarified that the bundling of claims through an assignment to a legal service provider, the so-called assignment model, is allowed under German law. The (...)

The German Federal Court of Justice rules that enforcement by debt collectors of damages claims bundled through mass assignment is compliant with German law (Financialright)
Van Bael & Bellis (Brussels)
Belgium 30 contributions 3998 visits
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Van Bael & Bellis (Brussels)
Belgium 24 contributions 4828 visits
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Van Bael & Bellis (Brussels)
Belgium 11 contributions 5871 visits
On 13 June 2022, the German Federal Court of Justice (“FCJ”) ruled that the mass assignment of individual damages claims to a debt collector, who then brings a consolidated claim supported by a qualified lawyer, does not violate the German Legal Services Act (“LSA”). This judgment gives a (...)

Regulatory

 The EU Commission, Council and Parliament reach a political agreement on the text of the proposed regulation on foreign subsidies distorting the internal market
Freshfields Bruckhaus Deringer (Berlin)
Germany 6 contributions 1429 visits
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Freshfields Bruckhaus Deringer (Hong Kong)
Hong Kong 2 contributions 803 visits
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 1 contribution 542 visits
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On 30 June 2022, the three institutions of the European Union (the Commission, the Parliament and the Council) announced their political agreement on the text of the proposed regulation on foreign subsidies distorting the internal market (see their respective press releases here, here, and (...)

The EU Commission welcomes political agreement reached between the Parliament and Member States on Foreign Subsidies Regulation
Dechert (Brussels)
Belgium 9 contributions 12216 visits
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Dechert (Brussels)
Belgium 3 contributions 938 visits
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Dechert (Brussels)
Belgium 2 contributions 3263 visits
Key Takeaways The EU institutions have reached political agreement on a new regulation or foreign subsidies regime (the “FSR”) that will allow the European Commission (“EC”) to review the effects of non-EU government subsidies given to businesses active in the EU and remedy any possible (...)

The EU Commission reaches agreement on foreign subsidies regulation with the new regime scheduled to enter into force in 2023
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71820 visits
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Herbert Smith Freehills (Brussels)
Belgium 9 contributions 2366 visits
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Herbert Smith Freehills (London)
United Kingdom 15 contributions 5476 visits
The EU has reached political agreement in relation to the much-anticipated foreign subsidies regulation (the “Regulation”), which should become operational next year. The Regulation essentially creates a new subsidy control regime for third country subsidies affecting the EU market and has the (...)

The EU Commission welcomes an agreement on the regulation of foreign subsidies, including rules governing concentrations, public procurement procedures and all other areas that could lead to unfair competition between member States
European Commission - DG COMP (Brussels)
Belgium 1339 contributions 2826173 visits
Foreign Subsidies: Commission welcomes political agreement on Regulation on distortive foreign subsidies* The Commission welcomes the political agreement reached today between the European Parliament and EU Member States on the Foreign Subsidies Regulation (‘FSR’). The FSR is an important (...)

The EU Parliament and Council reach a political agreement on the proposed new foreign subsidies regulation
McDermott Will & Emery (Brussels)
Belgium 49 contributions 9472 visits
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Allen & Overy (Brussels)
Belgium 22 contributions 5176 visits
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Allen & Overy (Brussels)
Belgium 13 contributions 4734 visits
On June 30, 2022, the Council of the European Union (Council) and the European Parliament (Parliament) reached a political agreement on the Regulation on foreign subsidies distorting the internal market (FSR or Regulation). The FSR aims to redress the perceived regulatory gaps left by (...)

The Canadian Competition Authority announces public information sessions and updated guidance for businesses about new amendments to the Competition Act
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10694 visits
Important amendments to the Competition Act come into effect* Competition Bureau will host public information sessions and publish updated guidance for businesses Important amendments to the Competition Act became law on June 23, 2022, strengthening the Competition Bureau’s ability to (...)

The Chinese National People’s Congress amends the national competition law Act, in the first update in fifteen years and includes a new grading system for merger control
University of Chinese Academy of Social Sciences (Beijing)
3 contributions 4227 visits
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Hong Kong Competition Commission (Hong Kong)
Hong Kong 3 contributions 4227 visits
On 24 June 2022, the Standing Committee of the National People’s Congress voted to enact the amendment to the Anti-Monopoly Law of the PRC (2022 AML), which will come into effect as of 1 August 2022. It is the first time for the Chinese legislator to revise the AML since it was promulgated (...)

The Chinese National People’s Congress amends the Anti-Monopoly Law renewing focus on the digital sector, permitting increased fines and closer examination of potential killer acquisitions
King & Wood Mallesons (Beijing)
France 19 contributions 4650 visits
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King & Wood Mallesons (Beijing)
China 9 contributions 3501 visits
On 24 June 2022, the National People's Congress, the top legislator of China, adopted the Amendments to the Anti-Monopoly Law (“Amendments”), which will become effective on 1 August 2022. This is the first time that China amended the Anti-Monopoly Law (“AML”) since it was promulgated in (...)

The UK Government publishes a report summarising FDI under the new screening regime
Van Bael & Bellis (London)
United Kingdom 16 contributions 3494 visits
On 16 June 2022, the UK Government published its first – and slightly misleadingly titled – annual report (the “Report”) in relation to the operation of the National Security and Investment Act (the “NSI Act”). The Report summarises the functioning of the extremely wide-ranging UK foreign (...)

The Dutch Competition Authority imposes a fine of 150,000 Euros on an energy producer for violating rules of the wholesale energy market on inside information (PZEM Energy)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35156 visits
ACM imposes fine on PZEM Energy for violating rules for the wholesale energy market* The Netherlands Authority for Consumers and Markets (ACM) has imposed a fine of 150,000 euros on PZEM Energy B.V., a Dutch energy producer, supplier, and trader, because it had failed to comply with the (...)

The EU Commission proposes to extend validity of Motor Vehicle Block Exemption Regulation and to amend Supplementary Guidelines
Van Bael & Bellis (Brussels)
Belgium 10 contributions 1993 visits
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Van Bael & Bellis (Brussels)
Belgium 173 contributions 56762 visits
On 6 July 2022, the European Commission (“Commission”) published (i) a draft Regulation extending the validity of the Motor Vehicle Block Exemption Regulation (Regulation (EU) No 461/2010) (“MVBER”) by five years and (ii) a draft Communication which would modestly amend the Supplementary (...)

The EU Commission sees its updated Vertical Block Exemption Regulation enter into force, to enable effective governing of companies in the digital age
McDermott Will & Emery (Paris)
France 134 contributions 66052 visits
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McDermott Will & Emery (Brussels)
Belgium 22 contributions 4805 visits
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McDermott Will & Emery (Paris)
France 32 contributions 7522 visits
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In last year’s EU Competition Review, we reported on the draft of the new Vertical Block Exemption Regulation (VBER). On June 1, 2022, the new VBER finally entered into force. At the same time, the EC published a revised version of the accompanying Vertical Guidelines. These two instruments (...)