March 2021

General antitrust

 The Slovak Parliament adopts the Act on Protection of Competition which implements the provisions of the ECN+ Directive Free
Čechová & Partners (Bratislava)
Slovakia 4 contributions 1712 visits
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Čechová & Partners (Bratislava)
Slovakia 12 contributions 18345 visits
The implementation of the Directive 2019/1 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (ECN+ Directive) is a topic that resonates in competition law circles all over the EU. In Slovakia, (...)

The US Senate introduces Senator Hawley’s proposal for an important antitrust reform aimed at Big Tech, Big Banks, Big Telecoms, and Big Pharma
White & Case (New York)
United States 7 contributions 2567 visits
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White & Case (Washington)
United States 12 contributions 3802 visits
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Meta (Washington)
United States 1 contribution 602 visits
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Sen. Hawley’s "Trust-Busting for the Twenty-First Century Act," introduced on April 12, 2021, takes aim at "Big Tech, Big Banks, Big Telecom, and Big Pharma" by proposing to curb mergers and acquisitions by large corporations and ease the way for prosecutors and private plaintiffs to prevail in (...)

The UK Government launches the Digital Markets Unit as the first step towards an unashamedly pro-competition regime focused on the position of Big Tech
Hogan Lovells (London)
United Kingdom 4 contributions 1248 visits
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Hogan Lovells (London)
United Kingdom 13 contributions 4324 visits
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Hogan Lovells (London)
United Kingdom 3 contributions 1073 visits
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The UK Government has launched the much anticipated Digital Markets Unit (DMU) as a first step towards an “unashamedly pro-competition" regime focused on the position of “tech giants”. The DMU will, however, initially lack its own enforcement powers and there is still a lot to play for in terms (...)

The UK Competition Authority launches its Digital Markets Unit in order to boost and regulate online competition
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90539 visits
New watchdog to boost online competition launches* A tough new regulator to help make sure tech giants such as Facebook and Google cannot exploit their market dominance to crowd out competition and stifle innovation online has launched. Digital Markets Unit begins work marking major milestone (...)

The EU Commission issues a second competition comfort letter in support of pharmaceutical cooperation to combat the COVID-19 pandemic Free
Van Bael & Bellis (Brussels)
France 38 contributions 20666 visits
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Van Bael & Bellis (Brussels)
Belgium 19 contributions 7430 visits
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Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50292 visits
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On Monday 29 March 2021, the European Commission’s Directorate General for Competition (the Commission) published its second “new style” comfort letter. It was addressed to the organisers of an online “matchmaking event” that runs on 29 and 31 March 2021 and brings together more than 300 parties (...)

The Japanese FTC and the Government issue guidelines for business collaboration with startups to promote open innovation and ensure fair and free competitive environments
White & Case (Tokyo)
Japan 20 contributions 3190 visits
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White & Case (Tokyo)
Japan 21 contributions 3279 visits
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White & Case (Tokyo)
Japan 21 contributions 3279 visits
On March 29, 2021, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") issued Guidelines for Business Collaboration with Startups ("Guidelines") for the purpose of promoting open innovation and ensuring fair and free competitive environments. The (...)

The German Competition Authority launches a competition register for public procurement
Bird & Bird (Dusseldorf)
Germany 12 contributions 1927 visits
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Bird & Bird (Dusseldorf)
Germany 4 contributions 964 visits
The Federal Cartel Office (“FCO”) has recently launched the German Competition Register for Public Procurement (“Competition Register”) and approved the participation if pharmaceutical wholesalers in the VCI Emergency Platform for vaccination equipment - two important steps in fighting white-collar (...)

The Higher Regional Court of Dusseldorf stays the proceedings against a social media company and announces a referral to the EU Court of Justice on questions of data protection law (Facebook)
Spieker & Jaeger (Dortmund)
Germany 3 contributions 2218 visits
Of Pricing Guns, Social Networks and GDPR: The Düsseldorf Higher Regional Courts submits Facebook Case to the CJEU* On 24 March 2021 the Higher Regional Court (‘Oberlandesgericht’) of Düsseldorf put yet another twist to the ‘Facebook Saga’. Although the formal written submission is not yet (...)

The Italian Competition Authority proposes pro-competitive legislative changes to the government
Bocconi University (Milan)
Italy 11 contributions 3892 visits
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Hogan Lovells (Milan)
Italy 4 contributions 1319 visits
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K&L Gates (Milan)
United States 2 contributions 682 visits
The document provides a summary of the proposal for pro-competitive legislative changes submitted by the Italian Competition Authority to the Italian Government on 23 March 2021. The Italian Competition Authority identifies eight trajectories of possible reform: 1. Measures to encourage and (...)

The Italian Competition Authority proposes an extensive competition law reform
Van Bael & Bellis (Brussels)
Belgium 22 contributions 4243 visits
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Hogan Lovells (Brussels)
Belgium 36 contributions 6141 visits
On 23 March 2021, the Italian Competition Authority (“ICA”) submitted to the Italian Government a set of proposals to modify the Italian Competition Act (the “Proposal”). The Proposal concerns a wide range of areas, including the digital sector, certain network industries (e.g., port services and (...)

The Italian Competition Authority issues its 2021 recommendations to the government
Luiss Guido Carli University (Rome)
Italy 27 contributions 5218 visits
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Bird & Bird (Rome)
Italy 19 contributions 3930 visits
Alongside its enforcement powers, the Italian Competition Authority (the “Authority”) also has a legislative advisory role where it issues proposals to the Italian Government, in view of the annual competition law. The Authority’s 2021 recommendations, issued on 23 March mostly relate to areas in (...)

The US Government announces two key nominations at the White House and the FTC that signal a pro-enforcement approach to antitrust policy
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 6 contributions 3155 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 16 contributions 2493 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 2 contributions 239 visits
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President Biden has signaled a pro-enforcement approach to antitrust policy by naming Columbia Law School professor Tim Wu as a White House adviser and nominating Lina Khan, who also teaches at Columbia Law, to be commissioner of the Federal Trade Commission (FTC). Both are known for expansive (...)

The EU Commission releases guidance to help contracting authorities fight collusion in public procurement
Portolano Cavallo (Milan)
Italy 3 contributions 835 visits
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Portolano Cavallo (Milan)
Italy 32 contributions 6032 visits
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Portolano Cavallo (Milan)
Italy 60 contributions 8897 visits
The European Commission has released new guidance for European contracting authorities on how to use EU law to address suspected cases of collusion in public procurement (the “Notice”). The Notice, published on March 13, 2021, provides Member States with a set of tools to fight collusion in (...)

The EU Commission publishes the results of its public consultation on the review of the Motor Vehicle block exemption regulation
Latham & Watkins (Paris)
France 8 contributions 2537 visits
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European Commission - DG COMP (Brussels)
Belgium 6 contributions 1133 visits
Results of the Commission’s public consultation on the review of the Motor Vehicle Block Exemption Regulation* On 17 March 2021, the European Commission (EC) has published the results of its public consultation on the review of the Motor Vehicle Block Exemption Regulation (MVBER). Key Points (...)

The Croatian Competition Authority announces that the labelling of food and agriculture products falls outside the scope of its competence
Croatian Competition Agency (Zagreb)
Croatia 116 contributions 18380 visits
Labelling of food and agri products falls outside the scope of Croatian Competition Agency* Following a number of recent media reactions and allegations calling out the Croatian Competition Agency (CCA) to take necessary steps and measures regarding the alleged improper marking and labelling (...)

The Belgian Competition Authority sets out its key policy priorities for 2021
Bird & Bird (Brussels)
Belgium 13 contributions 1971 visits
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Bird & Bird (Brussels)
Belgium 4 contributions 911 visits
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Macfarlanes (Brussels)
Belgium 2 contributions 806 visits
On 10 March 2021, the Belgian Competition Authority (“BCA”) published its Priority Policy Note for the year ahead (available in French and Dutch). Impact of COVID-19 The BCA acknowledges that 2021 will be a year of recovery following the negative impact of the COVID-19 crisis on the Belgian (...)

The Belgian Competition Authority publishes enforcement priorities for 2021
Van Bael & Bellis (Brussels)
Belgium 36 contributions 10501 visits
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Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50292 visits
On 10 March 2021, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - BCA) published its list of enforcement priorities for 2021 (See, website of BCA, in Dutch and in French). The document discusses the impact of the Covid-19 pandemic on the (...)

The UK Competition Authority announces the first work plan for digital markets
Ashurst (London)
United Kingdom 34 contributions 16496 visits
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Ashurst (London)
United Kingdom 21 contributions 4200 visits
On 10 March 2021, the Digital Regulation Cooperation Forum ("DRCF") published its first annual plan of work for 2021/22. The plan of work establishes a road map for how the Competition and Markets Authority ("CMA"), the Office of Communications ("Ofcom") and the Information Commissioner’s (...)

The Australian Competition Authority accepts a court-enforceable undertaking from two credit card companies about concerns that one of them may have limited competition regarding debit card acceptance through its dealings with large merchants (Visa)
Ashurst (Sydney)
United States 17 contributions 2297 visits
On 10 March 2021, Visa AP (Australia) Pty Ltd and Visa Worldwide Pte Limited (together, "Visa") entered into a court enforceable undertaking with the Australian Competition Consumer Commission ("ACCC"), seeking to address the ACCC’s concerns that Visa was leveraging its substantial market power (...)

The Dutch Competition Authority publishes its market study into the access for "Mobility as a Service" providers to public transportation services in the Netherlands
Bird & Bird (The Hague)
Netherlands 7 contributions 4172 visits
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KPN (Amsterdam)
Netherlands 33 contributions 7029 visits
On 8 March 2021, the Authority for Consumers & Markets (‘ACM’) published its market study into the access for Mobility as a Service (‘MaaS’) providers to public transportation services in the Netherlands. A MaaS platform integrates various methods of transport across different providers which (...)

The EU Commission selects 15 initiatives to help simplify and modernize EU law after the COVID-19 outbreak Free
Steptoe & Johnson (Brussels)
Belgium 9 contributions 2642 visits
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Jones Day (Brussels)
Belgium 22 contributions 23763 visits
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Jones Day (Brussels)
Belgium 11 contributions 3612 visits
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On 5 March 2021, the Commission announced the Fit for Future Platform’s selection of 15 initiatives aimed at simplifying EU law. Launched in May 2020, the Platform gathers a high-level expert group to assist the Commission with simplifying existing EU laws and reducing administrative burdens (...)

The Russian Supreme Court adopts a decree providing clarifications on antitrust matters that arise in court proceedings
Herbert Smith Freehills (Moscow)
Russia 1 contribution 237 visits
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Herbert Smith Freehills (Moscow)
Russia 1 contribution 237 visits
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Herbert Smith Freehills (Brussels)
Belgium 41 contributions 16300 visits
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In March, the Russian Supreme Court adopted a Decree providing clarifications on antitrust matters (the "Plenum Decree") . The Plenum Decree replaced most of the previous antitrust clarifications issued by the Supreme Commercial Court back in 2008. The new measure is comprehensive and covers a (...)

The Spanish Government approves the new General Statute of Spanish Lawyers which aims to provide the legal profession with a modern and effective legislative framework and clarifies legal privilege for Spanish in-house lawyers
European Company Lawyers Association (ECLA)
Belgium 1 contribution 175 visits
“A Giant Leap Forward in Continental Europe Toward Full Unification of The Legal Profession” – legal privilege for Spanish in-house lawyers clarified and enshrined in law* On 3 March, the Spanish Government approved the new General Statute of Spanish Lawyers, replacing the current system that had (...)

The Czech Competition Authority publishes an annual report summarizing its significant activities in 2020 and outlining the agenda for 2021
Bird & Bird (Prague)
Czech Republic 25 contributions 4175 visits
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Dentons (Prague)
Czech Republic 14 contributions 3142 visits
The Office for the Protection of Competition (“Office”) recently published an annual report summarizing its significant activities in 2020 and outlining the agenda for 2021. The most important areas are prohibited agreements, abuse of a dominant position and significant market power. In 2020, in (...)

Anticompetitive practices

 The Australian Federal Court approves a plan for an airline company to pay its fine in installments (Garuda)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78139 visits
Garuda drops appeal, to pay $19m price fixing penalty in instalments* The Federal Court has approved a payment plan for airline PT Garuda Indonesia Ltd (Garuda) to pay a $19 million penalty the Court previously ordered relating to a long-running ACCC action against a global price fixing cartel (...)

The US DoJ charges two clinical directors with fixing wages for healthcare workers and obstructing the FTC’s investigation (Neeraj Jindal / John Rodgers)
US Department of Justice (Washington)
United States 163 contributions 68416 visits
Second Individual Charged with Fixing Wages for Health Care Workers and Obstructing FTC Investigation* A federal grand jury in the Eastern District of Texas returned a superseding indictment charging two Texas men with conspiring to fix prices by lowering rates paid to certain health care (...)

The EU Court of Justice releases AG Pitruzzella’s opinion stating that a national court can order a subsidiary company to pay compensation for the harm caused by the anticompetitive conduct of its parent company (Sumal / Mercedes Benz Trucks España)
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 95327 visits
According to Advocate General Pitruzzella, a national court can order a subsidiary company to pay compensation for the harm caused by the anticompetitive conduct of its parent company in a case where the Commission has imposed a fine solely on that parent company* For that to be the case, the (...)

The Russian Competition Authority initiates an investigation against a national search engine platform (Yandex)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54438 visits
The FAS Russia has initiated case against Yandex* The company has not fulfilled the warning of the FAS Russia on termination of discriminatory conditions in the market of web search On February 20, 2021 the FAS Russia issued a warning to Yandex LLC, according to which the organization had a (...)

The Danish Competition Authority and other competition authorities publish a joint memorandum on online pharmacy markets in the Nordic countries
Danish Competition and Consumer Authority (Copenhagen)
Denmark 127 contributions 34947 visits
Nordic Competition Authorities: Online pharmacies can increase competition in the pharmacy sector* The Nordic Competition Authorities have 14.4.2021 published a joint memorandum on online pharmacy markets in the Nordics. The memorandum finds that the size and regulation of online pharmacy (...)

The US Court of Appeals for the Fifth Circuit upholds the FTC’s ruling regarding an unlawful pay-for-delay agreement in the pharmaceutical sector (Endo / Impax)
Clifford Chance (Washington)
United States 1 contribution 824 visits
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LCLD Leadership Council on Legal Diversity (Washington)
United States 3 contributions 1067 visits
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Baker Botts (Washington)
United States 2 contributions 897 visits
On April 13, 2021, the U.S. Court of Appeals for the Fifth Circuit upheld the Federal Trade Commission’s (“FTC” or “Commission”) ruling that the “reverse-payment” settlement agreement between Endo Pharmaceuticals Inc. (“Endo”) and Impax Laboratories LLC (“Impax”) violated federal antitrust laws. The (...)

The German Competition Authority ensures equal opportunities for online sales regarding a national equipment manufacturer’s distribution model (Liebherr)
German Competition Authority (Bonn)
Germany 434 contributions 110096 visits
Bundeskartellamt ensures equal opportunities for online sales in the new Liebherr distribution model* After an intervention by the Bundeskartellamt, Liebherr-Hausgeräte Vertriebs- und Service GmbH has agreed not to use certain clauses in its sales conditions which in the authority’s preliminary (...)

The US DoJ indicts a bidder for bid-rigging at an online auction for surplus Government equipment (GSA)
US Department of Justice (Washington)
United States 163 contributions 68416 visits
Bidder Pleads Guilty to Riggings Bids at Online Auctions for Surplus Government Equipment* A Missouri man pleaded guilty today to rigging online bids submitted to the General Services Administration (GSA). According to court documents, Alan Gaines pleaded guilty to the one-count indictment (...)

The Austrian Competition Authority accepts commitments and closes its pharmaceutical pricing investigation on the sale of a brain tumor treatment (Merck Sharp / Dohme)
Van Bael & Bellis (Brussels)
France 38 contributions 20666 visits
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Van Bael & Bellis (Brussels)
Belgium 19 contributions 7430 visits
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Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50292 visits
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On 2 April 2021, the Austrian competition authority accepted commitments and closed its case concerning pricing strategies alleged to unlawfully hinder entry by generic competitors. According to the authority’s press release, the investigated pricing strategy concerned the product Temodal (...)

The Hungarian Competition Authority reduces the fine it imposed on four regional newspaper publishers for market sharing (Axel Springer / Russmedia / Lapcom Kiadó)
Hungarian Competition Authority (Budapest)
Hungary 89 contributions 18139 visits
The GVH recalculated the cartel fine imposed on newspaper publishers due to a court order* The Hungarian Competition Authority (GVH) – in accordance with court decisions adopted in appeal proceedings – has reduced the competition supervision fine imposed on regional newspaper publishers in 2014, (...)

The US DOJ indicts a healthcare staffing company for collusion to suppress wages of school nurses (VDA OC)
US Department of Justice (Washington)
United States 163 contributions 68416 visits
Health Care Staffing Company and Executive Indicted for Colluding to Suppress Wages of School Nurses* Alleged allocation and wage-fixing scheme targeted nurses staffed at the Clark County School District who were serving medically fragile students. A federal grand jury in Las Vegas, Nevada, (...)

The Polish Competition Authority initiates proceeding against a trucks importer and its distributor for collusion (Iveco trucks)
Polish Competition Authority (Warsaw)
Poland 107 contributions 19814 visits
Iveco trucks - proceedings of the President of UOKiK* - The importer of Iveco trucks together with the official distributors of these vehicles may have entered into a multi-year conspiracy to restrain competition. - President of the Office of Competition and Consumer Protection Tomasz (...)

The Swedish Competition Authority fines the municipality of Nyköping for illegal direct award of contract (Nyköping municipality)
Swedish Competition Authority (Stockholm)
Sweden 65 contributions 9376 visits
Nyköping performed an illegal direct award of contract for groundworks* Nyköping Municipality entered a framework agreement regarding surfacing and groundworks without a prior notice in accordance with the procurement rules. The Swedish Competition Authority considers that the agreement (...)

The Hungarian Competition Authority fines thirteen undertakings involved in a cartel in the electricity sector
Hungarian Competition Authority (Budapest)
Hungary 89 contributions 18139 visits
The GVH has eliminated a cartel on the electricity market* The Hungarian Competition Authority (GVH) imposed a fine of approximately HUF 130 million in total on the 13 undertakings which shared tenders among each other in relation to the design, construction, and operation of electricity (...)

The Canadian Competition Authority initiates criminal proceedings against four condominium refurbishment services providers for bid-rigging (TRI-CAN / JCO / LAR / CPL Interiors)
Canadian Competition Bureau (Gatineau)
Canada 64 contributions 9111 visits
Multiple companies and their owners charged with conspiracy to commit fraud and rig bids for condo refurbishment contracts in the GTA* The Competition Bureau announced today that it has laid multiple criminal charges against four companies and three individuals in connection with an alleged (...)

The Belgian Competition Authority imposes a fine on the professional organization of pharmacists on account of an anticompetitive agreement (Ordre des pharmaciens / Orde der Apothekers)
Van Bael & Bellis (Brussels)
Belgium 36 contributions 10501 visits
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Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50292 visits
On 26 March 2021, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - BCA) announced that its Privileged and Confidential Attorney – Client Communication Competition College (Mededingingscollege / Collège de la Concurrence) had imposed a fine of (...)

The Belgian Competition Authority imposes a fine of 245,000€ on the national pharmacist association for hindering competition (Ordre des pharmaciens / Orde der Apothekers)
Belgian Competition Authority (Brussels)
Belgium 95 contributions 21322 visits
The Competition College of the Belgian Competition Authority imposes a fine of 245,000 euros on “l’Ordre des pharmaciens – Orde der apothekers” for the practices that were subject of its decision of 28 May 2019 On 28 May 2019, the Belgian Competition Authority had adopted a decision condemning (...)

The EU Court of Justice dismisses the appeals of several pharmaceutical companies involved in an agreement seeking to delay the marketing of a generic antidepressant (Lundbeck)
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 95327 visits
The Court of Justice dismisses the appeals of a number of manufacturers of medicines involved in an agreement seeking to delay the marketing of the genericantidepressant citalopram* The European Commission had imposed on them fines of almost € 150 million From the late 1970’s, the Danish (...)

The EU Court of Justice dismisses the appeals of several manufacturers of medicines and upholds the Commission’s decision regarding a pay-for-delay infringement (Lundbeck)
Herbert Smith Freehills (Brussels)
Belgium 109 contributions 68759 visits
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Herbert Smith Freehills (London)
United Kingdom 3 contributions 1544 visits
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Herbert Smith Freehills (Brussels)
Belgium 19 contributions 5740 visits
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On 25 March 2021, the Court of Justice of the EU (“CJEU”) dismissed the appeals by Lundbeck and five producers of generic medicines against the General Court’s (GC) judgments that upheld the Commission’s decision and the fines it had imposed in its first pay-for-delay infringement decision in 2013. (...)

The UK Court of Appeal confirms the High Court’s decision taking into account the claimant’s insolvency in considering whether it could have discovered the facts of the cartel to enable it to plead a viable claim (Granville / Infineon)
Hausfeld (London)
United Kingdom 11 contributions 1535 visits
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Hausfeld (London)
United Kingdom 1 contribution 166 visits
The Court of Appeal (CoA) judgment in Granville v Infineon concerns the scope of the claimant’s duty of reasonable diligence in circumstances where facts of the harmful conduct were concealed from the claimant. The CoA dismissed the defendants’ appeal and confirmed that the High Court was correct (...)

The EU Court of Justice dismisses the appeals of several manufacturers of medicines involved in an agreement seeking to delay the marketing of the generic antidepressant citalopram (Lundbeck)
White & Case (Brussels)
Belgium 33 contributions 12244 visits
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White & Case (Düsseldorf)
France 32 contributions 12746 visits
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White & Case (Brussels)
Belgium 38 contributions 64572 visits
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On 25 March 2021, the European Court of Justice ("ECJ") dismissed all the appeals against the European Commission’s decision to fine Lundbeck and several other companies for entering into anti-competitive patent settlement agreements. The judgments largely repeat the position taken by the ECJ (...)

The EU Court of Justice confirms the pay-for-delay infringement decision in the pharmaceutical sector (Lundbeck)
Van Bael & Bellis (Brussels)
Belgium 27 contributions 4911 visits
On 25 March 2021, the European Court of Justice (“ECJ”) dismissed all appeals against the 2016 rulings of the General Court which had upheld the European Commission’s (“Commission”) decision to fine Lundbeck and four generic pharmaceutical companies (Merck, Alpharma, Arrow and Ranbaxy) for (...)

The EU Court of Justice dismisses appeals by several manufacturers of medicines regarding pay-for-delay patent settlement agreements (Lundbeck)
Van Bael & Bellis (Brussels)
France 38 contributions 20666 visits
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Van Bael & Bellis (Brussels)
Belgium 19 contributions 7430 visits
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Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50292 visits
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On 25 March 2021, the Court of Justice of the European Union (CJEU) dismissed all appeals against the decision of the European Commission (the Commission) to fine Lundbeck and four generic pharmaceutical companies (Alpharma, Arrow, Merck, and Ranbaxy) for concluding “pay-for-delay” patent (...)

The EU Court of Justice confirms the decision of the Commission to impose fines on several pharmaceutical companies (Lundbeck)
Hogan Lovells (Düsseldorf)
Germany 4 contributions 1162 visits
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Hogan Lovells (Düsseldorf)
Germany 10 contributions 3722 visits
In the much-anticipated Lundbeck case (i.a. C-591/16 P), the European Court of Justice (“ECJ”) on 25th March 2021 confirmed the decision of the European Commission (“Commission”) to impose fines on Lundbeck and several generics companies. The case concerns a pay-for-delay agreement dating back to (...)

The EU Court of Justice dismisses the appeals brought by two telecommunications companies and rules that the indispensability requirement does not apply to conduct that falls short of an outright refusal to supply (Slovak Telekom) (Deutsche Telekom)
European Commission - DG COMP (Brussels)
France 15 contributions 3224 visits
In two judgments delivered on 25 March 2021, the Court of Justice of the European Union (the “ECJ”) dismissed the appeals brought by Deutsche Telekom and Slovak Telekom against the judgments of the General Court which had partially annulled the European Commission’s decision finding them to have (...)

The EU Court of Justice confirms the judgment of the General Court that the pay-for-delay agreements concluded between originator and generics manufacturers were by-object restrictions (Lundbeck)
Ashurst (Brussels)
Belgium 36 contributions 8610 visits
The European Court of Justice ("ECJ") confirmed the judgment of the General Court ("GC") upholding the European Commission’s pay-for-delay decision. The ruling held that the originator and generics manufacturers must be considered potential competitors despite Lundbeck’s process patents, and (...)

The EU Court of Justice provides guidance on the circumstances in which an infringement of competition law can be imputed to a parent company (Slovak Telekom) (Deutsche Telekom)
Ashurst (London)
United Kingdom 34 contributions 16496 visits
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Ashurst (Brussels)
Belgium 36 contributions 8610 visits
In its ruling in Deutsche Telekom v Commission (C-152/19 P), the European Court of Justice ("ECJ") provided guidance on the application of the Bronner case law to refusal to supply cases, as well as on the relevant facts, and on the circumstances in which an infringement of competition law can (...)

The EU Court of Justice dismisses the appeals of several manufacturers of medicines against the General Court’s judgment upholding the Commission’s pay-for-delay infringement decision (Lundbeck)
Covington & Burling (Brussels)
Belgium 2 contributions 1075 visits
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Latham & Watkins (Brussels)
Belgium 4 contributions 950 visits
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Norton Rose Fulbright (Brussels)
United Kingdom 26 contributions 22510 visits
On 25 March 2021, the Court of Justice of the European Union (“CJEU”) dismissed the appeals by Lundbeck, Merck KGaA (and Generics UK), Arrow, Alpharma (and Xellia) and Ranbaxy, against the General Court’s (“GC”) judgment upholding the European Commission’s (“Commission”) 2013 pay-for-delay (...)

The EU Court of Justice confirms the General Court’s judgment and Commission’s decision on pharmaceutical pay-for-delay agreements (Lundbeck)
Portolano Cavallo (Milan)
Italy 60 contributions 8897 visits
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Portolano Cavallo (Milan)
Italy 32 contributions 6032 visits
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Portolano Cavallo (Milan)
Italy 3 contributions 835 visits
On March 25, 2021, the Court of Justice of the European Union (ECJ) ruled on appeal in the Lundbeck case, confirming the previous judgement of the General Court (GC) that upheld the decision of the European Commission (Commission) on pharmaceutical “pay-for-delay” agreements (Case AT.39226 — (...)

The EU Court of Justice dismisses all appeals brought by a Danish pharmaceutical company and five generic manufacturers against the judgments of the General Court and upholds a decision of the Commission on patent settlement agreements between the companies (Lundbeck)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 7199 visits
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McDermott Will & Emery (Paris)
France 122 contributions 63493 visits
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McDermott Will & Emery (Paris)
France 20 contributions 6253 visits
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On 25 March 2021, the CJEU dismissed all the appeals brought by Danish pharmaceutical company H. Lundbeck A/S and five generic manufacturers against the judgments of the GCEU, thus upholding a decision of the EC on patent settlement agreements between Lundbeck and five generic manufacturers (...)

The French Competition Authority fines three sandwich makers for creating a cartel (Roland Monterrat / La Toque Angevine / Daunat)
Vaillant Group (Paris)
22 contributions 3225 visits
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Huawei Technologies (Boulogne-Billancourt)
France 12 contributions 2634 visits
The French Competition Authority (“FCA”) recently fined the three main French manufacturers of sandwiches for mass retail distribution for having implemented a volume and customer allocation plan over a six-year period and agreed on the price level to be offered to their customers (€24.5 million (...)

The French Competition Authority fines the three main national manufacturers of industrial sandwiches sold under a private label for having defined a common strategy when responding to calls for tender launched by large and medium-sized retailers (Roland Monterrat / La Toque Angevine / Daunat)
Herbert Smith Freehills (Paris)
France 51 contributions 12156 visits
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Baudelin Avocat (Paris)
France 27 contributions 9371 visits
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Herbert Smith Freehills (Brussels)
Belgium 41 contributions 16300 visits
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On 24 March 2021, the FCA fined the three main French manufacturers of industrial sandwiches sold under private label for having defined a common strategy when responding to calls for tender launched by large and medium-sized retailers. The FCA launched dawn raids at the premises of the (...)

The Australian Federal Court orders a wholesaler of cycling accessories and sporting products to pay $350,000 for engaging in resale price maintenance (FE Sports)
Ashurst (Brisbane)
Australia 4 contributions 500 visits
The Federal Court of Australia has ordered that FE Sports, a wholesaler of cycling accessories and sporting products, pay AUD 350,000 (among other orders) for engaging in resale price maintenance ("RPM"). FE Sports admitted to the conduct. Key takeaways Suppliers must not prevent, or attempt (...)

The Polish Competition Authority fines a sports equipment retailer for price-fixing (Spokey)
Polish Competition Authority (Warsaw)
Poland 107 contributions 19818 visits
Penalty for price fixing of Spokey sports equipment* For almost 8 years, Spokey company has been fixing minimum prices at which on-line stores could sell sports equipment of this brand, such as rollerblades or scooters. President of UOKiK Tomasz Chróstny imposed a penalty of half a million PLN (...)

The French Competition Authority closes an investigation into a national construction federation regarding a green label (FBTP 31)
French Competition Authority (Paris)
France 727 contributions 380076 visits
Ethibat label: the Autorité is closing an investigation into the French Construction and Public Works Federation of Haute-Garonne (FBTP 31)* The Autorité is closing an investigation into the French Construction and Public Works Federation of Haute-Garonne (FBTP 31) regarding the ETHIBAT label. (...)

The Indian Competition Authority dismisses allegations of cartelization within a professional association in the corrugated box manufacturing industry (Gujarat Paper Mills Association / Indian Corrugated Case Manufacturers’ Association)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 7955 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9745 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9801 visits
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KEY POINTS A no presumption of appreciable adverse effect on competition (“AAEC”) cannot arise without first establishing the existence of an agreement in terms of the provisions Act. BRIEF FACTS An information was filed before CCI by the Gujarat Paper Mills Associations (“GPMA / Informant”), (...)

The Indian Competition Authority dismisses at prima facie stage a kraft paper cartel allegation affecting the supply and pricing of kraft paper (Gujarat Paper Mills Association / Indian Corrugated Case Manufacturers’ Association)
Shardul Amarchand Mangaldas (New Delhi)
France 63 contributions 18028 visits
,
Shardul Amarchand Mangaldas (New Delhi)
United States 66 contributions 20016 visits
,
Shardul Amarchand Mangaldas (New Delhi)
France 66 contributions 18933 visits
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The CCI dismissed, at prima facie stage, a complaint by the Gujarat Paper Mills Association (Informant) that certain corrugated case manufacturers’ associations (OPs) had engaged in a cartel seeking to affect the supply and pricing of kraft paper. The Informant had alleged that the OPs had (...)

The EU Court of Justice reduces fine imposed on a company in the steel abrasives cartel case (Pometon)
Van Bael & Bellis (Brussels)
France 38 contributions 20666 visits
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Van Bael & Bellis (Brussels)
Belgium 19 contributions 7430 visits
On 18 March 2021, the European Court of Justice (“ECJ”) delivered its judgment in Pometon SpA v European Commission (Case C-440/19) in connection with the Steel Abrasives cartel case. In its judgment, the ECJ partially upheld the appeal in so far as it found that the General Court had breached (...)

The EU Commission issues notice on tools to fight collusion in public procurement
Van Bael & Bellis (Brussels)
Belgium 36 contributions 10501 visits
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Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50290 visits
On 18 March 2021, the Official Journal of the European Union published a European Commission (Commission) Notice on “tools to fight collusion in public procurement and on guidance on how to apply the related exclusion ground” (the Notice; available here). The Notice develops the tools which the (...)

The EU Commission publishes a notice to fight collusion in public procurement in which it includes a series of guidelines aimed at the contracting authorities on how to apply the grounds for the exclusion provided by the Directive 2014/24/EU of the Parliament
Herbert Smith Freehills (Madrid)
Spain 1 contribution 250 visits
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Herbert Smith Freehills (Madrid)
Spain 1 contribution 250 visits
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Herbert Smith Freehills (Madrid)
Spain 3 contributions 645 visits
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The European Commission (EC) recently published a Notice to fight collusion in public procurement (the Notice) in which it included a series of guidelines aimed at the contracting authorities on how to apply the grounds for exclusion provided for in article 57, paragraph 4, letter d) of (...)

The EU Court of Justice reduces a fine imposed on a steel abrasives cartel on grounds of breach of the principle of equal treatment (Pometon)
McDermott Will & Emery (Dusseldorf)
Germany 8 contributions 4864 visits
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McDermott Will & Emery (Paris)
France 21 contributions 3532 visits
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Arnold & Porter Kaye Scholer (Brussels)
France 64 contributions 98046 visits
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On 18 March 2021, the CJEU ruled on the appeal by Pometon SpA against the GCEU’s judgment in the steel abrasives cartel case. The CJEU ruled that the GCEU had breached the principle of equal treatment when recalculating the EC’s fine imposed on Pometon, the only non-settling party in this case. (...)

The Slovak Competition Authority issues a commitments decision against a digital equipment retailer in relation to a possible vertical agreement restricting competition (HP)
Slovak Competition Authority (Bratislava)
Slovakia 53 contributions 5140 visits
AMO SR issued a commitments decision against the company HP Inc Slovakia, s.r.o., in relation to a possible vertical agreement restricting competition* The Antimonopoly Office of the Slovak Republic, the Division of Abuse of Dominant Position and Vertical Agreements, (hereafter "the Office”) (...)

The EU Commission publishes the results of the public consultation on the review of the motor vehicle block exemption regulation
Bird & Bird (Brussels)
Belgium 42 contributions 11808 visits
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Bird & Bird (Brussels)
Belgium 4 contributions 921 visits
On 17 March 2021, the European Commission (“EC”) published a summary of the contributions on the review of the Motor Vehicle Block Exemption Regulation (“MVBER”) (“Consultation”). The MVBER is due to expire on 31 May 2023. The contributions will be used by the EC to determine whether it should let (...)

The Indian Competition Authority finds evidence of and imposes a fine for bid-rigging by three sewing machine suppliers in public procurement for Picofall-cum-Sewing Machines (Klassy Computers / Nayan Agencies / Jawahar Brothers)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 7955 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9745 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9801 visits
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KEY POINTS (i) Although CCI and the DG have the powers to investigate the representatives of the tenderer/procurer to understand and ascertain the tender design, tendering mechanism including the eligibility of the bidders in terms of tender conditions by requisitioning the relevant records. (...)

The Brazilian Competition Authority starts its first investigation involving the labor market in the healthcare industry
Caminati Bueno Advogados (São Paulo)
Brazil 6 contributions 3431 visits
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Caminati Bueno Advogados (São Paulo)
Brazil 6 contributions 3431 visits
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Caminati Bueno Advogados (São Paulo)
Brazil 5 contributions 3271 visits
On March 17, 2021, CADE released a public order disclosing it is investigating potential anticompetitive practices performed into the labor market in Brazil , mirroring a worldwide trend that is already a strong policy in some seasoned jurisdictions. The proceeding at a glimpse As public (...)

The Indian Competition Authority fines three suppliers of sewing machines engaged in bid-rigging (Klassy Computers / Nayan Agencies / Jawahar Brothers)
Shardul Amarchand Mangaldas (New Delhi)
France 63 contributions 18028 visits
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Shardul Amarchand Mangaldas (New Delhi)
United States 66 contributions 20016 visits
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Shardul Amarchand Mangaldas (New Delhi)
France 66 contributions 18933 visits
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The Competition Commission of India (CCI) found that three suppliers of sewing machines had engaged in bid-rigging in respect of a tender floated by the Pune Zilla Parishad for the supply of sewing machines to be distributed to backward classes, women, and disabled persons living in rural areas (...)

The Latvian Competition Authority fines two reclamation companies for bid-rigging in procurement of renovation projects of water drains with national importance (Valkas meliorācija / Agromeliorators)
Latvian Competition Council (Riga)
Latvia 116 contributions 22688 visits
The CC repeatedly detects bid-rigging in the reclamation sector* On 11 March, the Competition Council of Latvia (hereinafter – the CC) adopted a decision to impose a fine on two reclamation companies – SIA “Valkas meliorācija” and SIA “Agromeliorators” – for coordinated submission of tenders in (...)

The EU Commission releases guidance to help contracting authorities fight collusion in public procurement
Portolano Cavallo (Milan)
Italy 60 contributions 8897 visits
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Portolano Cavallo (Milan)
Italy 32 contributions 6032 visits
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Portolano Cavallo (Milan)
Italy 3 contributions 835 visits
The European Commission has released new guidance for European contracting authorities on how to use EU law to address suspected cases of collusion in public procurement (the “Notice”). The Notice, published on March 13, 2021, provides Member States with a set of tools to fight collusion in (...)

The Israeli District Court in Jerusalem imposes prison sentences on all defendants convicted in the schoolbooks cartel case (Sefer Lakol / Mada / Yesh Distribution)
Israel Competition Authority (Jerusalem)
Israel 15 contributions 1869 visits
Verdict in the Book Cartel Case* The Jerusalem District Court imposed prison sentences on all the defendants that were convicted in the schoolbooks cartel case On Wednesday 14/3/2021, the Jerusalem District Court (His Honor Judge Oded Shacham) imposed actual prison sentences on all (...)

The Danish High Court founds that the agreement fixing the price of subscriptions concluded by a natural gas company had an anticompetitive intent and breached the Competition Act (Hovedstadsregionens og Midt-Nords Naturgasselskab I/S)
Bird & Bird (Copenhagen)
Denmark 36 contributions 7605 visits
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Bird & Bird (Copenhagen)
Denmark 9 contributions 3686 visits
The Danish High Court has affirmed that Article 6(1) of the Danish Competition Act (corresponding to Article 101(1) TFEU), was infringed by a natural gas company, Hovedstadsregionens og Midt-Nords Naturgasselskab I/S (“HMN”), the trade association and two subcontractors, as these parties entered (...)

The UK Competition Authority secures five directors disqualifications across two investigations (Campbell / Hudson / Sherling)
Van Bael & Bellis (London)
16 contributions 3380 visits
On 10 March 2021 and 18 March 2021 respectively, the UK’s Competition and Markets Authority (“CMA”) announced that it had secured the disqualification of five company directors, after finding that they had infringed competition law by forming cartels in the construction industry, following two (...)

The UK Competition Authority disqualifies five directors in relation to two separate construction cartels (Campbell / Hudson / Sherling)
Ashurst (London)
United Kingdom 21 contributions 4200 visits
The Competition and Markets Authority ("CMA") has disqualified five directors in relation to two separate construction cartels. Three of the directors were disqualified following an investigation by the CMA into two of the UK’s largest suppliers of rolled lead roofing materials, Associated Lead (...)

The Swiss Federal Supreme Court clarifies controversial questions regarding the privilege against self-incrimination in competition law proceedings (ApplePay)
Lenz & Staehelin (Zurich)
Switzerland 11 contributions 2406 visits
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Lenz & Staehelin (Zurich)
Switzerland 1 contribution 41 visits
ApplePay proceedings lead to clarification on Nemo Tenetur in Competition Law* Early April, the Federal Supreme Court clarified controversial questions regarding the privilege against self-incrimination in Competition Law Proceedings in three much-noticed decisions (2C_383/2020, 2C_87/2020 and (...)

The EU Commission fines six video games manufacturers €7.8 million for geo-blocking practices (Valve / Bandai Namco / Capcom / Focus Home / Koch Media / ZeniMax)
Portolano Cavallo (Milan)
Italy 60 contributions 8897 visits
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Portolano Cavallo (Milan)
Italy 32 contributions 6032 visits
Over the course of less than two months, in late 2020 and early 2021, the Court of Justice of the European Union (CJEU) and the European Commission (Commission) issued two decisions with diametrically opposed effects on the licensing and business model of copyrighted content across the EEA. (...)

Unilateral Practices

 The UK Competition Appeal Tribunal increases the Competition Authority’s fine imposed on a musical instrument firm for abuse of dominant position (Roland)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90540 visits
CAT increases fine after musical instrument firm breaks settlement bargain* The CMA has welcomed a Competition Appeal Tribunal judgment dismissing an appeal against a fine it imposed, instead increasing the fine from £4m to £5m. In June 2020, the Competition and Markets Authority (CMA) fined (...)

The Russian Supreme Court confirms the Competition Authority’s decision to sanction a national railway company for abuse of dominance (Russian Railways)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 54436 visits
The cassation supported decision of the FAS russia in relation to russian railways* The company violated antimonopoly legislation and abused its dominant position The Arbitration Court of the Moscow District supported the position of the FAS Russia in relation to Russian Railways JSC. As the (...)

The Chinese State Administration for Market Regulation fines an online market platform $2.8 billion for abusing its dominant position (Alibaba)
University of Macau - Faculty of Law
China 284 contributions 224154 visits
China’s antitrust penalty for Alibaba: reading between the lines* On 10 April 2021, the State Administration for Market Regulation (SAMR), China’s competition authority responsible for the enforcement of the Anti-Monopoly Law (AML), announced the imposition of CNY 18 billion fine on Alibaba for (...)

The Indian Competition Authority finds an abuse of dominance in the market for wholesale procurement of branded alcoholic beverages (International Spirits and Wines Association of India / Uttarakhand Agricultural Produce Marketing Board)
Shardul Amarchand Mangaldas (New Delhi)
France 63 contributions 18028 visits
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Shardul Amarchand Mangaldas (New Delhi)
United States 66 contributions 20016 visits
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Shardul Amarchand Mangaldas (New Delhi)
France 66 contributions 18933 visits
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The CCI held that the Uttarakhand Agricultural Product Marketing Board (the Board) had abused its dominant position in the market for the wholesale procurement of branded alcoholic beverages in the State of Uttarakhand. The International Spirits and Wines Association of India (ISWAI) had argued (...)

The Italian Competition Authority finds no abuse in the refusal by diagnostic imaging device manufacturers to provide their downstream competitors access to information for maintenance services (Siemens Healthcare / Philips / GE Medical)
Portolano Cavallo (Milan)
Italy 60 contributions 8897 visits
On March 30, 2021, the Italian Competition Authority (hereinafter the “ICA” or the “Authority”) closed an investigation it had opened in 2018 against three manufacturers of high-end diagnostic imaging devices. It did so without a finding of infringement of competition law (namely, of abusing a (...)

The EU Commission opens a formal investigation to assess whether a power exchange company abused its dominant position (EPEX Spot)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700123 visits
Antitrust: Commission opens investigation into possible anticompetitive behaviour by the power exchange EPEX Spot* The European Commission has opened a formal investigation to assess whether the power exchange EPEX Spot SE (‘EPEX Spot’) has been taking advantage of its dominant position to (...)

The Indian Competition Authority finds an abuse of dominance in the market for wholesale procurement of branded alcoholic beverages within the State of Uttarakhand (International Spirits and Wines Association of India / Uttarakhand Agricultural Produce Marketing Board)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9801 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9745 visits
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Vahura (New Delhi)
India 59 contributions 5147 visits
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KEY POINTS Cutting off supply/distribution of particular brands, thereby allowing market access to only a dominant entity leads to abuse of its dominant position by such entity. An effective push to competition happens when the efficiency of slower-moving products is enhanced such that a (...)

The EU Court of Justice delivers two judgments providing an important message to Irish telecoms on the interaction between competition and regulatory law (Slovak Telekom) (Deutsche Telekom)
Matheson (Dublin)
Ireland 2 contributions 433 visits
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Matheson (Dublin)
Ireland 13 contributions 1337 visits
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Matheson (Dublin)
Ireland 1 contribution 277 visits
The European Court of Justice (“ECJ”) has recently delivered two judgements which provide an important message for telecoms businesses operating in Ireland. The first of these rulings confirms that the risk of non-compliance with competition rules is particularly high for telcos in that they may (...)

The EU Court of Justice dismisses two telecommunication companies’ appeals on abuse of dominance charges on the grounds that it was not essential for the Commission to show indispensability because the case was not a refusal to supply case, it concerned the imposition of unfair conditions (Slovak Telekom) (Deutsche Telekom)
McDermott Will & Emery (Brussels)
Belgium 36 contributions 8358 visits
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Allen & Overy (Brussels)
Belgium 22 contributions 4784 visits
As the incumbent telecommunications operator in Slovakia, Slovak Telekom a.s. (ST) offers broadband services on its fixed copper and fibre optic networks. ST’s networks also include the local loop, i.e., the physical lines which connect the subscriber’s telephone termination point with the main (...)

The Indian Competition Authority initiates an investigation into a Big Tech company’s new privacy policy and user agreement that does not let users opt out (WhatsApp)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 7955 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9745 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9801 visits
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KEY POINTS CCI is empowered to initiate an investigation into any conduct which may contravene the provisions of the Act if the CCI knows that such conduct is about to be committed. The CCI is obligated to prevent practices from having an adverse effect on competition. BRIEF FACTS CCI (...)

The Dusseldorf Higher Court doubts the compatibility with EU law of the Competition Authority’s approach of linking data protection and competition law to find an abuse of dominance and files a request for a preliminary ruling (Facebook)
Bird & Bird (Dusseldorf)
Germany 4 contributions 964 visits
Is Facebook abusing its dominant position in the market by collecting data on its own platforms and on third-party websites and combining it in a large data pool? The Federal Cartel Office (“FCO”) has decided that unless the users consent to the use of the data, Facebook is abusing its position - (...)

The Indian Gujarat High Court grants a stay on the Competition Authority’s interim order to re-list the properties of two hotel companies on several online hotel booking portals (MMT-Go / Treebo / FabHotels)
Shardul Amarchand Mangaldas (New Delhi)
India 58 contributions 16041 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 56 contributions 15409 visits
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Shardul Amarchand Mangaldas (Mumbai)
United States 70 contributions 19180 visits
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The CCI issued an interim order under Section 33 of the Competition Act directing MakeMy Trip India Pvt. Ltd. (MMT) and Ibibo Group Private Limited (Go-Ibibo) (together MMT-Go) to re-list properties of FabHotels and Treebo on their online hotel booking portals. This order was passed in the (...)

The Turkish Competition Authority fines an ice cream supplier for abusing its dominant position in the industrial ice cream market through the use of exclusionary practices and the imposing of a non-compete obligation on one of its e-commerce customers (Unilever / Algida)
ACTECON (Istanbul)
Turkey 9 contributions 1761 visits
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ACTECON (Istanbul)
Turkey 1 contribution 135 visits
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ACTECON (Istanbul)
Turkey 1 contribution 135 visits
Introduction The Turkish Competition Authority’s (“TCA”) reasoned decision dated 18.03.2021 and numbered 21-15/190-80, whereby it has decided to impose an administrative fine amounting to TRY 480,217,217 (EUR 77,624,758) on Unilever Sanayi ve Ticaret Türk A.Ş. (“Unilever”) for violation of Article 4 (...)

The French Competition Authority rejects the implementation of interim measures but continues to investigate a Big Tech company’s alleged abuse of a dominant position (Apple)
University Paris-Panthéon-Assas
France 1 contribution 416 visits
On 23 October 2020, several associations representing various players of the online advertising sector filed a complaint before the French Competition Authority, alleging that Apple abused its dominance on the application distribution market for IOS devices by imposing on app developers (...)

The EU Commission opens an investigation into an electricity wholesaler’s behaviour in the Greek energy market (PPC)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700123 visits
Antitrust: Commission opens investigation into PPC’s behaviour in the Greek wholesale electricity market* The European Commission has opened a formal antitrust investigation to assess possible abusive behaviour by Public Power Corporation (‘PPC’) in the wholesale Greek electricity sector. (...)

The Indian Competition Authority grants interim relief, ordering online travel agencies to re-list hotel properties on certain platforms (MMT-Go / Treebo / FabHotels)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 7955 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9745 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9801 visits
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KEY POINTS (i) In deciding applications for interim relief under Section 33 of the Act, CCI must form a higher degree of satisfaction than the prima facie requirements under Section 26(1) of the Act. (ii) Denial of market access need not be complete or absolute in nature to result in an (...)

The Indian Competition Authority grants an interim order against online travel agencies alleged to have engaged in anti-competitive practices (MMT-Go / Treebo / FabHotels)
Gujarat National Law University (Gandhinagar)
India 1 contribution 127 visits
1. Introduction On 9th March 2021, India’s fair trade regulator, the Competition Commission of India (‘CCI’) granted Interim Relief to the parties seeking it, Treebo and FabHotels. They had been delisted from the platform of India’s most popular Online Travel Agency (‘OTA’), MakeMyTrip (‘MMT-Go’). (...)

The German Competition Authority accepts a postal service company’s commitments to end its discount system for the dispatch of newspapers and magazines (Deutsche Post)
Ashurst (Frankfurt)
Germany 15 contributions 4102 visits
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Ashurst (Munich)
Germany 9 contributions 1697 visits
On 26 February 2021, the German Federal Cartel Office ("FCO") closed its six-year investigation into Deutsche Post AG ("DPAG") after securing commitments in connection with practices relating to the dispatch of newspapers and magazines. The FCO suspected that DPAG had abused its dominant (...)

The Italian Competition Authority accepts a company’s commitments in an abuse of dominance probe in the market for natural gas distribution (Italgas)
Freshfields Bruckhaus Deringer (Rome)
Italy 1 contribution 382 visits
The Italian Competition Authority ("ICA") has recently closed with commitments an investigation against Italgas for an alleged abuse of dominance consisting of the refusal to supply essential information to the Venice municipality which was launching a tender concerning gas distribution (...)

Mergers

 The Slovak Parliament adopts the Act on Protection of Competition which contains rules on merger control Free
Čechová & Partners (Bratislava)
Slovakia 4 contributions 1712 visits
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Čechová & Partners (Bratislava)
Slovakia 12 contributions 18345 visits
The new Slovak Competition Act will come into force on 1 June 2021. While the primary purpose of adoption of the new legislation is the transposition of Directive 2019/1 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper (...)

The Belgian Competition Authority approves the merger between two energy providers (Comfort Energy / Calpam)
Belgian Competition Authority (Brussels)
Belgium 95 contributions 21322 visits
The Belgian Competition Authority approves the acquisition by Comfort Energy NV of Calpam Belgium NV and its subsidiary Mazout.be SRL (together called “Q8 Mazout”*) The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) has approved on 29 April 2021 the acquisition (...)

The US Surface Transportation Board sets aside the current and more stringent regulations applicable to Class I mergers and determines that a merger proposal can proceed under the older rules governing such mergers (CP / KCS)
Journal of Parliamentary and Political Law (Ottawa)
France 46 contributions 19759 visits
If the proposed corporate-friendly merger announced on 21 March 2021 between Calgary-based Canadian Pacific Railway Ltd. (‘CP’) and Kansas City Southern Railway Company (‘KCS’) proceeds, it will be examined under a 2001 waiver granted by the United States Surface Transportation Board (‘STB’)[[ (...)

The UK, German and Australian Competition Authorities agree on a joint statement on merger control
German Competition Authority (Bonn)
Germany 434 contributions 110096 visits
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Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78139 visits
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UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90540 visits
Competition Agencies from Germany, the UK and Australia agree on Joint Merger Statement* Today, the Bundeskartellamt, the UK’s Competition and Markets Authority (CMA) and the Australian Competition and Consumer Commission (ACCC) have agreed on a joint statement on merger control. The joint (...)

The Australian Competition Authority clears the merger between two software companies (MYOB / GreatSoft)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78139 visits
MYOB’s acquisition of GreatSoft not opposed* The ACCC will not oppose MYOB Invest Co Pty Ltd’s acquisition of GreatSoft Pty Ltd, finding the transaction is not likely to substantially lessen competition. MYOB and GreatSoft both supply practice management software to medium-to-large accounting (...)

The UK Competition Authority finds that a merger between two investment platforms would raise significant competition concerns following its re-examination (FNZ / GBST)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90540 visits
Competition concerns remain about FNZ’s purchase of GBST* The CMA has provisionally found that a deal between FNZ and GBST would raise significant competition concerns, following its re-examination of available evidence. The Competition and Markets Authority (CMA) reassessed the deal, (...)

The German Competition Authority clears the merger between two book retailers (Thalia / Lehmanns)
German Competition Authority (Bonn)
Germany 434 contributions 110096 visits
Bundeskartellamt clears takeover of Lehmanns by Thalia* The Bundeskartellamt has today cleared the proposed acquisition of the specialist literature provider Lehmanns by the book retailer Thalia. With over 380 bookshops, Thalia is by far the largest bookstore chain in Germany. Lehmanns is (...)

The French Competition Authority clears a merger between two national slaughterhouses subject to conditions (Ronsard / LDC)
French Competition Authority (Paris)
France 727 contributions 380076 visits
The Autorité de la concurrence clears, subject to conditions, the acquisition of the Ronsard Group by the LDC Group* A number of slaughterhouses will have to be divested to maintain sufficient competition for poultry farmers. On 8 January 2021, the LDC Group notified the Autorité of its plan to (...)

The UK Competition Authority provisionally clears merger between two telecommunications companies (Virgin / O2)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90540 visits
CMA provisionally clears merger of Virgin and O2* The CMA has provisionally cleared the proposed merger of Virgin Media and Virgin Mobile with O2. Both Virgin and O2 provide certain wholesale services to other mobile network operators in the UK, as well as retail services to consumers. The (...)

The EU Commission approves the merger between two waste management companies subject to conditions (Schwarz / Suez)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700123 visits
Mergers: Commission approves acquisition of certain Suez waste management companies by the Schwarz Group, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of certain Suez waste management companies in Germany, Luxembourg, the (...)

The EU Commission opens an in-depth investigation into a proposed merger between two-panel manufacturers (Kingspan / Trimo)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700123 visits
Mergers: Commission opens in-depth investigation into proposed acquisition of Trimo by Kingspan Page contents* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Trimo, arhitekturne rešitve, d.o.o. (‘Trimo’) by Kingspan Group plc (‘Kingspan’), under (...)

The Mexican Competition Authority updates its merger guidelines which clarify notification requirements for joint ventures and the failing firm defense
Jones Day (Mexico)
Mexico 8 contributions 2980 visits
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Jones Day (Brussels)
Belgium 15 contributions 7258 visits
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Jones Day (Washington)
United States 19 contributions 3562 visits
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Newly revised merger control guidelines ("Guidelines") from the Comisión Federal de Competencia ("COFECE"), Mexico’s competition law authority, clarify when parties to joint ventures or collaborations ("JVs") must report those transactions to COFECE. The Guidelines provide much needed guidance (...)

The EU Commission acknowledges two airline companies’ announcement to withdraw from the proposed merger (Air Canada / Transat)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700123 visits
Statement by Executive Vice-President Vestager on announcement by Air Canada and Transat to withdraw from proposed merger* The European Commission takes note of Air Canada and Transat’s announcement that they have decided to terminate the proposed merger agreement according to which Air Canada (...)

The UK Takeover Panel publishes a response statement explaining the changes that are going to be made to the Takeover Code
Hogan Lovells (London)
United Kingdom 2 contributions 625 visits
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Hogan Lovells (London)
United Kingdom 1 contribution 517 visits
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Hogan Lovells (London)
United Kingdom 1 contribution 517 visits
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The Takeover Panel has just published its response statement (2020/1) making important changes to the Takeover Code regarding offer conditionality and timetable. They take effect on 5 July 2021 and will apply in relation to firm offers announced on or after that date. We set out our initial (...)

The Court of The Hague decides not to ban the Dutch Competition Authority from joining the referral request launched by the French Competition Authority (Illumina / Grail)
White & Case (Paris)
United States 8 contributions 3119 visits
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White & Case (Düsseldorf)
France 32 contributions 12746 visits
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White & Case (Brussels)
Belgium 49 contributions 37094 visits
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The European Commission ("EC") is shifting its approach with respect to the referral mechanism under Article 22 of the EU Merger Regulation 139/2004 (the "EUMR") and now – at least in certain circumstances – encourages referrals from Member States even where the national filing thresholds are (...)

The US DoJ requires a waste management company to divest its assets in five states to proceed with the acquisition of its competitor (Republic / Santek)
US Department of Justice (Washington)
United States 163 contributions 68420 visits
Justice Department Requires Republic Services to Divest Assets to Proceed with Santek Acquisition* Divestiture Will Preserve Competition in Markets for Small Container Commercial Waste Collection and Municipal Solid Waste Disposal in Six Local Markets in Five States The Department of Justice (...)

The UK Takeover Panel publishes a response statement following its consultation on the changes that are going to be made to the Takeover Code
Herbert Smith Freehills (London)
United Kingdom 3 contributions 1653 visits
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Herbert Smith Freehills (London)
United Kingdom 3 contributions 1653 visits
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Herbert Smith Freehills (London)
United Kingdom 3 contributions 1653 visits
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Overview The Takeover Panel has published a response statement, RS 2020/1, following its consultation (PCP 2020/1) on the Takeover Code provisions relating to conditions to an offer, particularly those relating to regulatory / merger control clearance, and the offer timetable. The changes (...)

The US FTC challenges the merger between a pharmaceutical company and a cancer detection test manufacturer (Illumina / GRAIL)
US Federal Trade Commission (FTC) (Washington)
United States 155 contributions 37845 visits
FTC Challenges Illumina’s Proposed Acquisition of Cancer Detection Test Maker Grail* Agency alleges vertical merger would harm competition in the U.S. market for life-saving Multi-Cancer Early Detection tests The Federal Trade Commission has filed an administrative complaint (a public version (...)

The EU Commission publishes guidance on the application of the referral mechanism set out in article 22 of the Merger Regulation to certain categories of cases
Arendt & Medernach (Luxembourg)
Luxembourg 55 contributions 108764 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 5 contributions 2783 visits
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Arendt & Medernach (Luxembourg)
Luxembourg 1 contribution 313 visits
ON 26 MARCH 2021, THE EUROPEAN COMMISSION (THE “COMMISSION”) PUBLISHED “COMMISSION GUIDANCE ON THE APPLICATION OF THE REFERRAL MECHANISM SET OUT IN ARTICLE 22 OF THE MERGER REGULATION TO CERTAIN CATEGORIES OF CASES”. The impact of the document comes close to a paradigm shift for merger control in (...)

The EU Commission provides guidance regarding its policy change to Article 22 of the EU Merger Regulation
Norton Rose Fulbright (Brussels)
United Kingdom 26 contributions 22510 visits
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Allen & Overy (Brussels)
Belgium 3 contributions 1139 visits
On 26 March 2021, the European Commission (“Commission”) published a Staff Working Paper summarising the findings of its evaluation of procedural and jurisdictional aspects of EU merger control (the “Evaluation”), along with a communication providing guidance regarding its change in approach to the (...)

The EU Commission assesses in a published policy paper whether its jurisdictional merger control thresholds leave an enforcement gap and whether the administrative burden on merging firms and other market participants is proportionate
European Court of Justice (Luxembourg)
Luxembourg 1 contribution 254 visits
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Freshfields Bruckhaus Deringer (Hong Kong)
Hong Kong 2 contributions 785 visits
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TikTok (Brussels)
Belgium 4 contributions 732 visits
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In a recently published policy paper, the European Commission (EC) assessed whether its jurisdictional merger control thresholds leave an enforcement gap, and whether the administrative burden on merging firms and other market participants is proportionate. The EC concludes that the (...)

The EU Commission publishes a staff working document that summarises the findings of its evaluation of procedural and jurisdictional aspects of EU merger control
Ashurst (Brussels)
France 45 contributions 45509 visits
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Ashurst (Brussels)
Belgium 1 contribution 276 visits
On 26 March 2021, the European Commission ("Commission") published a Staff Working Document that summarises the findings of its evaluation of procedural and jurisdictional aspects of EU merger control. The Commission has also adopted a communication providing guidance on the application of the (...)

The EU Commission launches a major merger control reform
Norton Rose Fulbright (Brussels)
Belgium 31 contributions 13706 visits
EU Commission Launches Major Merger Control Reform* On March 26, the EU Commission announced a major reform of EU Merger Regulation (EUMR) procedures, arguably the most significant since the 2004 adoption of the current EUMR. The current EUMR expanded EU jurisdiction by broadening the EUMR (...)

The EU Commission issues guidance on the application of the referral mechanism set out in article 22 of the Merger Regulation expanding its antitrust reviews to non-reportable transactions
Jones Day (Brussels)
Belgium 17 contributions 8581 visits
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Jones Day (Paris)
France 29 contributions 24906 visits
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Jones Day (Brussels)
Belgium 15 contributions 7258 visits
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In Short The Situation: According to the European Commission ("EC"), an increasing number of competitively significant transactions have evaded merger notification because one or both of the transacting parties (but typically a small, high value target) did not meet EC or any Member State (...)

The EU Commission releases the new Article 22 EU Merger Regulation Guidance, which creates legal uncertainty for merger control and a de facto killer acquisition review power
Skadden, Arps, Slate, Meagher & Flom (Brussels)
United Kingdom 56 contributions 23811 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 67 contributions 30378 visits
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Université Catholique de Lille
Belgium 37 contributions 11928 visits
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The new Article 22 EU Merger Regulation (EUMR) Guidance released by the European Commission (EC) enables the EC to review any acquisition, even those that do not qualify for notification under national (or EU) merger control rules. Summary The new guidance indicates that the EC will actively (...)

The EU Commission publishes guidance on its broadened Member State referral system
Freshfields Bruckhaus Deringer (London)
United Kingdom 4 contributions 996 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 4 contributions 876 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 7 contributions 18844 visits
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The European Commission (EC) has published guidance on its new policy to encourage and accept referral requests from Member States under Article 22 of the EU Merger Regulation (EUMR) even where transactions do not meet the national merger control thresholds of the referring Member States (see (...)

The EU Commission publishes its findings of the evaluation of procedural and jurisdictional aspects of EU merger control and new guidance on the application of Article 22 of the EU Merger Regulation
Baker Botts (Brussels)
Belgium 26 contributions 18810 visits
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Baker Botts (Brussels)
Belgium 25 contributions 18544 visits
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Baker Botts (Washington)
United States 2 contributions 416 visits
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On 26 March, the European Commission (“EC”) published its findings of the evaluation of procedural and jurisdictional aspects of EU merger control, and new guidance on the application of Article 22 of the EU Merger Regulation (“EUMR”) encouraging Member States to refer more transactions to the EC (...)

The EU Commission announces evaluation results and follow-up measures on jurisdictional and procedural aspects of EU merger control
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700123 visits
Mergers: Commission announces evaluation results and follow-up measures on jurisdictional and procedural aspects of EU merger control* The European Commission has published today a Staff Working Document that summarises the findings of the evaluation of procedural and jurisdictional aspects of (...)

The EU Commission revamps its approach to Member State referrals as set out in article 22 of the Merger Regulation
Hogan Lovells (Munich)
Germany 5 contributions 5932 visits
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Hogan Lovells (Düsseldorf)
Germany 10 contributions 3722 visits
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Hogan Lovells (Düsseldorf)
Germany 2 contributions 692 visits
On 26 March 2021, the European Commission (“Commission”) has, without any public consultation, published its new guidance on accepting merger referrals from Member States under Article 22 of the European Merger Regulation (“EUMR”), which it had announced last year. This document (the “Guidance”) (...)

The Papua New Guinea Competition Authority receives a notification of a proposed acquisition of a bank by another financial institution (Kina Securities / Westpac Bank)
Independent Consumer and Competition Commission - Papua New Guinea (Port Moresby)
Papua New Guinea 14 contributions 380 visits
Kina Securities Limited Proposes to Acquire Westpac Bank PNG* The Independent Consumer and Competition Commission (ICCC) would like to announce to the industry stakeholders and the general public that it has received an authorization application from Kina Securities Limited (Kina Securities) (...)

The EU Commission publishes guidance on article 22 referrals for transactions falling below national thresholds
Herbert Smith Freehills (Brussels)
Belgium 109 contributions 68759 visits
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Simmons & Simmons (London)
United Kingdom 13 contributions 3089 visits
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Herbert Smith Freehills (Düsseldorf)
Germany 20 contributions 5448 visits
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On 26 March 2021 the EU Commission (Commission) published revised guidance on the referral mechanism set out in Article 22 of the EU Merger Regulation (EUMR), under which the Commission will now accept referrals from Member States for deals that fall below the domestic jurisdictional thresholds (...)

The EU Commission publishes guidance and expands its jurisdiction by capturing transactions below the jurisdictional thresholds of national and EU merger control regimes
Orrick, Herrington & Sutcliffe (London)
United Kingdom 8 contributions 2935 visits
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Dechert (London)
United Kingdom 9 contributions 3204 visits
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Dechert (London)
United Kingdom 6 contributions 1989 visits
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The European Commission (“Commission”) is expanding its jurisdiction over transactions by encouraging national competition authorities (“NCAs”) of the EU Member States to ‘refer’ certain transactions to it that fall below the thresholds for mandatory notification at the EU and the national level. On (...)

The EU Commission invites national regulators to refer certain transactions back to the Commission if they do not meet either national or EU thresholds for investigation
Skadden, Arps, Slate, Meagher & Flom (Brussels)
United Kingdom 56 contributions 23811 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 67 contributions 30378 visits
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Université Catholique de Lille
Belgium 37 contributions 11928 visits
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Takeaways More than 50 countries now have the discretion to conduct competition reviews of mergers below mandatory notification thresholds, and the European Commission, EU member states, the U.K. and others are using this authority more frequently. As a consequence, companies whose merger might (...)

The EU Commission publishes guidance on the application of the referral mechanism set out in article 22 of the merger regulation to certain categories of cases
McDermott Will & Emery (Brussels)
Belgium 36 contributions 8358 visits
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Arnold & Porter Kaye Scholer (Brussels)
France 64 contributions 98046 visits
The European Commission wants to be able to block or conditionally approve transactions, mainly in the digital economy and in the pharmaceutical sector, even when the thresholds for notification are not met. In publishing its new Article 22 Guidance, the Commission has significantly expanded (...)

The EU Commission publishes Guidance on Article 22 of the Merger Regulation and suggests an increased focus on so-called "killer acquisitions"
Arnold & Porter Kaye Scholer (Brussels)
France 64 contributions 98046 visits
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McDermott Will & Emery (Brussels)
Belgium 36 contributions 8358 visits
On 26 March 2021, the EC adopted its “Guidance on the application of the referral mechanism set out in Article 22 of the [EUMR] to certain categories of cases.” The adoption of this novel piece of guidance reflects recent concerns on the part of the EC that certain competitively significant (...)

The EU Commission clears a vertical merger between a supplier of ophthalmic lenses and an active eyewear retailer following an in-depth investigation focused on competition concerns that could arise from the combination of both undertakings (EssilorLuxottica / GrandVision) New
RBB Economics (Brussels)
Belgium 1 contribution 17 visits
Introduction In recent years, some commentators have called for more enforcement in vertical mergers, arguing that these have a greater potential to be anticompetitive than has historically been presumed. They have highlighted the need to assess “less extreme” theories of harm, which do not (...)

The Italian Competition Authority publishes the indexed thresholds triggering the merger notification obligation
Van Bael & Bellis (Brussels)
Belgium 22 contributions 4243 visits
On 22 March 2021, the Italian Competition Authority (“ICA”) published the indexed thresholds triggering the merger notification obligation in Italy. By law, the ICA is required to update these thresholds on a yearly basis. Following an increase in the GDP deflator index, transactions must be (...)

The UK Competition Authority publishes its revised Merger Assessment Guidelines along with a quick guide complementing the revision of its Guidance on jurisdiction and procedure
Bird & Bird (London)
United Kingdom 6 contributions 2940 visits
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Bird & Bird (London)
United Kingdom 19 contributions 3299 visits
In March 2021, the Competition & Markets Authority (CMA) published its revised Merger Assessment Guidelines (MAGs) along with a Quick Guide, complementing the revision of its Guidance on jurisdiction and procedure, which was published in December 2020. The updated MAGs underpin the CMA’s (...)

The UK Competition Authority publishes the revised Merger Assessment Guidelines
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 6 contributions 1416 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 22 contributions 5980 visits
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Université Catholique de Lille
Belgium 37 contributions 11928 visits
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The U.K.’s Competition & Markets Authority (CMA) has released new merger assessment guidelines that confirm the U.K. regulator’s intensified approach to merger control. The guidelines largely codify the CMA’s recent output, which includes record-high numbers of prohibitions and deal (...)

The Belgian Government adopts a bill to exclude clinical networking between hospitals from the application of merger control
Van Bael & Bellis (Brussels)
Belgium 36 contributions 10501 visits
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Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50290 visits
On 18 March 2021, the federal Chamber of Representatives adopted a bill seeking to exclude the creation of local hospital networks (locoregionaal ziekenhuisnetwerk / réseau hospitalier locorégional) and any subsequent change in their composition from the application of the Belgian merger control (...)

The EU Commission and other Competition Authorities announce the formation of a multilateral pharma merger working group
Van Bael & Bellis (Brussels)
Belgium 30 contributions 7661 visits
On 16 March 2021, the European Commission, the UK Competition and Markets Authority (“CMA”), the Canadian Competition Authority and the US competition authorities announced the formation of a trans-Atlantic working group to exchange best practices on pharmaceutical mergers. Pharmaceutical mergers (...)

The US FTC announces the formation of a working group to examine the US, Canada, UK, and EU agencies’ approach to mergers in the pharmaceutical sector
Norton Rose Fulbright (New York)
United States 3 contributions 9776 visits
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University of Cincinnati Foundation (Cincinnati)
United States 3 contributions 572 visits
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Norton Rose Fulbright (Ottawa)
Canada 3 contributions 398 visits
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This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On March 16, the US Federal Trade Commission, US Department of Justice, offices of US state Attorneys General, the Canadian Competition Bureau, the European (...)

The Norwegian Competition Authority decides to repeal its decision to impose a fine on a grocery wholesaler for an infringement of disclosure requirements regarding the acquisition of a competitor (Norgesgruppen / Sædalssvingene 3 Eiendom)
Norwegian Competition Authority (Bergen)
Norway 31 contributions 3715 visits
The Authority repeals decision against Norgesgruppen* The Norwegian Competition Authority has decided to repeal its decision to impose a fine of 20 million NOK on Norgesgruppen for an infringement of disclosure requirements related to an acquisition by Norgesgruppen of the company (...)

The US FTC announces a multilateral working group to build a new approach to pharmaceutical mergers
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 20 contributions 5446 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 18 contributions 7913 visits
Reform of traditional antitrust enforcement and competition law globally has been an on-going discussion amongst enforcers, politicians, advisors, economic experts, and academics. While conversations pertaining to antitrust reforms have been widely centered around resolving the issues presented (...)

The US DoJ enters into a settlement agreement with two healthcare providers following a competition concern raised against the proposed merger, which limits the scope of their partial acquisition and collaboration (Geisinger / Evangelical)
Axinn Veltrop & Harkrider (Washington)
United States 2 contributions 109 visits
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US Federal Trade Commission (FTC) (Washington)
United States 2 contributions 109 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On March 3, 2021, the Antitrust Division of the Department of Justice (DOJ) announced a settlement with Geisinger Health (Geisinger) and Evangelical Community (...)

The French Administrative Supreme Court rejects an appeal by an employee representative body concerning a merger approval (Mondadori)
Addleshaw Goddard (Paris)
France 39 contributions 43755 visits
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Total Energies (Paris)
France 30 contributions 7082 visits
On 9 March 2021, the French Administrative Supreme Court (Conseil d’Etat) rejected an appeal by Mondadori’s social and economic committee ("SEC") in relation to the French Competition Authority’s ("FCA") decision to approve Reworld Media’s takeover of Mondadori France. The French Administrative (...)

The Papua New Guinea Competition Authority receives notification of an intended acquisition of a retailer and a real estate business by a rival (Alotau Enterprises / New Year’s Eve)
Independent Consumer and Competition Commission - Papua New Guinea (Port Moresby)
Papua New Guinea 14 contributions 380 visits
Clearance Application by New Year’s Eve Limited for the Proposed Acquisition of Alotau Enterprises* The Independent Consumer and Competition Commission (“ICCC”) wishes to inform relevant stakeholders and the general public that New Year’s Eve Limited (NYEL) has applied for clearance with the ICCC (...)

The Turkish Competition Authority publishes its merger & acquisitions overview report regarding its activities in terms of merger control in 2020
Esin (Istanbul)
Turkey 3 contributions 977 visits
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ACTECON (Istanbul)
Turkey 6 contributions 1421 visits
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ACTECON (Istanbul)
Turkey 2 contributions 449 visits
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The Turkish Competition Authority’s (“TCA“) Mergers and Acquisitions Overview Report for 2020 (“Report“) has been published at the TCA’s official website on March 5, 2021. The Report provides an overview of the TCA’s activities in terms of merger control in 2020 and includes statistical information on (...)

The Dutch District Court of Rotterdam annuls the acquisition of a distributor of educational materials by a publisher and orders the Competition Authority to assess the anticompetitive effects of potential product bundling by a would-be merged entity (Iddink / Sanoma Learning)
Van Doorne (Amsterdam)
Netherlands 3 contributions 2195 visits
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Van Doorne (Amsterdam)
Netherlands 1 contribution 226 visits
The District Court of Rotterdam has annulled a decision in which the Dutch Authority for Consumers and Markets (ACM) approved the acquisition of Iddink by Sanoma Learning. This is the second time in 12 months that an approval decision by the relevant Dutch authorities has been annulled by the (...)

The French Competition Authority unconditionally clears the acquisition of joint control over a vehicle glass repair company and defines new market for at-home repair and maintenance services (Carglass / Mutares / Homeserve)
Herbert Smith Freehills (Paris)
France 3 contributions 487 visits
On 1st March 2021, the French Competition Authority unconditionally cleared the acquisition of joint control over the Carglass Maison group by Mutares and Homeserve and defined a new market. Background The target, the Carglass Maison Group, offers repair and renovation works to both (...)

State Aid

 The EU Commission adopts revised regional aid guidelines
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700123 visits
State aid: Commission adopts revised Regional Aid Guidelines* The European Commission has adopted revised EU guidelines on regional State aid (the “Regional Aid Guidelines”), setting out the rules under which Member States can grant State aid to companies to support the economic development of (...)

The EFTA Surveillance Authority approves Norwegian umbrella scheme to support businesses in the context of the COVID-19 pandemic Free
EFTA Surveillance Authority (Brussels)
Belgium 133 contributions 26794 visits
COVID-19 pandemic: ESA approves Norwegian umbrella scheme to support businesses* The EFTA Surveillance Authority (ESA) has today approved a Norwegian umbrella scheme allowing municipalities to support local businesses that are suffering due to the ongoing COVID-19 pandemic. Preventive (...)

The EU Commission approves prolongation of market conform asset protection scheme for banks in Greece
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700123 visits
State aid: Commission approves prolongation of market conform asset protection scheme for banks in Greece* The European Commission has approved the prolongation of an existing Greek scheme aiming at supporting the reduction of non-performing loans of Greek banks on the basis that it remains (...)

The EU Commission invites interested parties to provide comments on a proposed revision of State aid Framework for research, development and innovation
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700123 visits
State aid: Commission invites interested parties to provide comments on proposed revision of State aid Framework for research, development and innovation* The European Commission has launched today a public consultation inviting all interested parties to comment on a proposed targeted revision (...)

The EU Commission approves €1.74 billion Danish scheme to support mink farmers and related businesses in the context of the COVID-19 pandemic Free
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700123 visits
State aid: Commission approves €1.74 billion Danish scheme to support mink farmers and related businesses in context of coronavirus outbreak* The European Commission has approved under EU State aid rules, an approximately €1.74 billion (DKK 13 billion) Danish scheme to compensate mink farmers (...)

The EU Commission approves up to €4 billion French measure to recapitalise a national airline company (Air France) Free
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700123 visits
State aid: Commission approves up to €4 billion French measure to recapitalise Air France* The European Commission has approved French plans to grant up to €4 billion for the recapitalisation of Air France through its Holding company. The measure was approved under the State aid Temporary (...)

The EU Commission approves €400 million Dutch loan scheme to support companies providing package travel and linked travel arrangements in the context of the COVID-19 pandemic Free
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700123 visits
State aid: Commission approves €400 million Dutch loan scheme to support companies providing package travel and linked travel arrangements in context of coronavirus outbreak* The European Commission has approved a €400 million Dutch loan scheme to support companies providing package travel and (...)

The EU Commission approves amended Member State measures under the Temporary Framework to support the economy after the COVID-19 outbreak Free
Steptoe & Johnson (Brussels)
Belgium 9 contributions 2642 visits
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Jones Day (Brussels)
Belgium 22 contributions 23763 visits
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Jones Day (Brussels)
Belgium 11 contributions 3612 visits
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Since the onset of the coronavirus outbreak, the European Commission has adopted a significant number of State aid measures under Article 107(2)b, Article 107(3)b and under the Temporary Framework. The most recent measures adopted to support the economy and companies affected by coronavirus (...)

The EU Court of Justice confirms shortcomings of the Commission’s State aid investigation into progressive turnover-based taxes adopted by Hungary and Poland
Hogan Lovells (Brussels)
Belgium 36 contributions 6141 visits
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Van Bael & Bellis (Brussels)
Belgium 152 contributions 32871 visits
On 16 March 2021, the Grand Chamber of the European Court of Justice (“ECJ”) rejected the appeals brought by the Commission against the General Court’s (“GC)” judgments concerning progressive turnover-based taxes adopted by Hungary (Case C-596/19 P) and Poland (Case C-562/19 P). The national (...)

The EU Court of Justice determines that Hungarian and Polish progressive taxes on companies do not breach EU State aid rules
McDermott Will & Emery (Brussels)
Belgium 36 contributions 8358 visits
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Allen & Overy (Brussels)
Belgium 22 contributions 4784 visits
On 16 March 2021, the CJEU delivered its judgments in Cases C-562/19 P, Commission v Republic of Poland (EU:C:2021:201) and C-596/19 P, Commission v Hungary (EU:C:2021:202), ruling that the Polish tax on the retail sector and the Hungarian advertisement tax do not breach EU State aid rules. (...)

The Serbian Government publishes rules on regional State aid for further alignment of the legislation with the EU’s acquis
BDK (Podgorica)
Montenegro 17 contributions 1325 visits
The Government of Serbia adopted on 11 March 2021 two new bylaws under the State Aid Control Act (Zakon o kontroli državne pomoći, Official Gazette of the Republic of Serbia no. 73/2019): the Regulation on Conditions and Criteria for Compliance of Regional State Aid (Uredba o uslovima i (...)

The EU Court of Justice further relaxes the standards of review of “aid schemes” and annuls the General Court’s judgment on Spanish football clubs (Fútbol Club Barcelona)
Van Bael & Bellis (Brussels)
Belgium 152 contributions 32871 visits
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Hogan Lovells (Brussels)
Belgium 36 contributions 6141 visits
On 4 March 2021, the European Court of Justice (“ECJ”) delivered another interesting judgment (Case C-362/19 P) in the “Spanish football club saga”, which set aside the General Court’s (“GC”) judgment of 26 February 2019, Fútbol Club Barcelona v Commission (Case T-865/16, the “judgment under appeal”), (...)

The EU Court of Justice decides that the various components of a tax system form an indivisible whole and the effect they produce differ (Fútbol Club Barcelona)
Maastricht University
Belgium 338 contributions 58495 visits
“Global” Assessment of Tax Schemes* It is incumbent on the Commission to carry out a global assessment of tax schemes. But it must take into account only those provisions of schemes that apply ex ante and do not depend on the circumstances of individual tax payers. Only when aid has to be (...)

The EU Court of Justice declares that the General Court erred in law by annulling a Commission decision which considered tax exemptions to sports clubs illegal State aid because the Commission does not have to consider the counterfactual tax environment when determining the legality of State aid (Fútbol Club Barcelona)
McDermott Will & Emery (Brussels)
Belgium 36 contributions 8358 visits
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Allen & Overy (Brussels)
Belgium 22 contributions 4784 visits
On 4 March 2021, the CJEU rendered its judgment in Case C-362/19, European Commission v Fútbol Club Barcelona, concerning State aid arising out of the taxation of professional sports clubs in Spain. In July 2016, the EC found that Spain had unlawfully implemented aid in the form of a (...)

The EU Court of Justice rules that a football club received illegal State aid and sets aside the judgment of the General Court (Fùtbol Club Barcelona)
Free University of Brussels (ULB)
Belgium 17 contributions 29218 visits
On 4 March 2021, the European Court of Justice ("ECJ") handed down its much awaited judgment in the Fùtbol Club Barcelona ("FCB") case. It set aside the judgment of the General Court. As a result, the European Commission’s decision classifying as State aid a tax scheme that was available to four (...)

The Polish Supreme Administrative Court issues a decision on the applicability of regional investment aid for a tax exemption and the maximum amount of aid that may be granted in an administrative decision
Warsaw School of Economics
Poland 16 contributions 809 visits
Background & facts of the case The case related to the Polish flagship programme of regional investment aid customarily referred to as Special Economic Zones (SEZ), which essentially provides an exemption from corporate income tax (CIT) in an amount proportionate to investment costs (...)

The EU Court of Justice rejects the Commission’s appeal concerning alleged aid granted to a bank and clarifies the requirements for the imputability test in the case of private entities (Banca Popolare di Bari)
Hogan Lovells (Brussels)
Belgium 36 contributions 6141 visits
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Van Bael & Bellis (Brussels)
Belgium 152 contributions 32871 visits
On 2 March 2021, the Grand Chamber of the Court of Justice (“ECJ”) confirmed the judgment of the General Court (“GC”) in Tercas (19 March 2019, Italy and Others v Commission, Joined Cases T-98/16, T-196/16 and T-198/16). The judgments on appeal and at first instance provide important guidance on (...)

The EU Court of Justice confirms that support measures adopted by an Italian bank consortium did not constitute State aid (Banca Popolare di Bari)
Ashurst (Brussels)
Belgium 36 contributions 8610 visits
On 2 March 2021, the European Court of Justice ("ECJ") dismissed in its entirety the European Commission’s appeal against the General Court’s judgment regarding financial support adopted by an Italian consortium of banks for the benefit of one of its members. The General Court found correctly (...)

The EU Court of Justice confirms that the Italian deposit guarantee scheme intervention in support of a bank did not constitute State aid (Banca Popolare di Bari)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 11 contributions 19260 visits
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Cleary Gottlieb Steen & Hamilton (Rome)
Italy 6 contributions 2023 visits
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Link Campus University (Rome)
Italy 5 contributions 3311 visits
On March 2, 2021, in dismissing the appeal brought by the European Commission against the judgment of the EU General Court in the Tercas case, the EU Court of Justice issued a landmark ruling on the standard of proof for the imputability to the State of support measures granted by private (...)

The EU Commission makes clear that public support measures available to all companies do not fall under State aid control following the COVID-19 outbreak and issues a temporary framework Free
Skadden, Arps, Slate, Meagher & Flom (Frankfurt)
Germany 1 contribution 43 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 10 contributions 3823 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 77 contributions 56634 visits
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In this series, “Critical Thinking in the Time of COVID-19,” our European tax practice examines the next stage of analysis for corporates that have begun digesting the economic and legal impact of COVID-19 on their businesses. This edition covers the area of European fiscal state aid. EU State (...)

Procedures

 The US Court of Appeals for the Ninth Circuit clarifies class certification standards in an antitrust appeal (Olean Wholesale Grocery / Bumble Bee Foods)
Jones Day (San Francisco)
United States 4 contributions 2506 visits
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Jones Day (San Francisco)
United States 1 contribution 693 visits
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Jones Day (Irvine)
United States 1 contribution 693 visits
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The Ninth Circuit approved use of statistical analysis that relies on averaging but reversed class certification because the district court failed to resolve whether more than a de minimis number of putative class members were injured. On April 6, 2021, in Olean Wholesale Grocery Coop. v. (...)

The French Constitutional Council declares article L.462-2 of the French Commercial Code on fines for obstruction of an antitrust investigation to be unconstitutional (Akka Technologies)
Herbert Smith Freehills (Paris)
France 51 contributions 12156 visits
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Baudelin Avocat (Paris)
France 27 contributions 9371 visits
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Herbert Smith Freehills (Brussels)
Belgium 41 contributions 16300 visits
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On 26 March 2021, the French Constitutional Council declared unconstitutional Article L.462-2 of the French Commercial Code ("FCC") on obstruction to an investigation of the FCA. Pursuant to this provision, the FCA can set a fine for obstruction, the amount of which cannot exceed 1% of the (...)

The French Constitutional Council declares administrative sanctions for obstruction of antitrust investigation unconstitutional on the basis of the Ne bis in idem principle (Akka Technologies)
European Commission - DG COMP (Brussels)
France 15 contributions 3224 visits
On 26 March 2021, the French Conseil constitutionnel (the “Constitutional Council”) declared Article L. 464-2, paragraph V-2 of the French Commercial Code unconstitutional on the ground that the provision violated the ne bis in idem principle. Article L. 464-2, paragraph V-2 of the Commercial (...)

The French Constitutional Council declares unconstitutional a provision of the Commercial Code that permits fines in cases for obstructing an investigation because an existing criminal provision sanctions the same conduct (Akka Technologies)
Addleshaw Goddard (Paris)
France 39 contributions 43755 visits
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Total Energies (Paris)
France 30 contributions 7082 visits
On 26 March 2021, the French Constitutional Council ruled that, insofar as a criminal provision sanctions the same conduct, the provision of the Commercial Code imposing a fine (being up to 1% of the undertaking’s annual turnover) for obstructive practices to an investigation is (...)

The Spanish High Court quashes the formal reopening of an investigation in the waste management sector deeming that there has been a violation of the non bis in idem principle due to a previous judgment on the merits of the case with res judicata effects (Residuos II)
Cuatrecasas (Barcelona)
Spain 3 contributions 347 visits
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Cuatrecasas (Madrid)
Spain 1 contribution 33 visits
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Talentum Program (Pamplona)
Spain 1 contribution 33 visits
On March 25, 2021, the Spanish High Court (Audiencia Nacional) annulled the decision to initiate the sanctioning proceeding S/0628/18 Residuos 2. In Appeal No 1232/2021 (ECLI:ES:AN:2021:1232), the Spanish High Court concluded that, the National Commission for Markets and Competition (“CNMC”) had (...)

The Italian Highest Administrative Court refers the dispute of a pharmaceutical company to the EU Court of justice for the second time (Avastin / Lucentis)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5218 visits
On 18 March 2021, the Italian Supreme Administrative Court (“Consiglio di Stato” or “CdS”) wrote a new episode in the long-lasting Hoffman La Roche - Novartis saga related to the Avastin drug, which may have serious repercussions on the relationship between EU and national judges. To recall, in (...)

The Italian Highest Administrative Court refers to the EU Court of Justice an antitrust appeal questioning the Court’s jurisdiction and the validity of its revocation rules (Avastin / Lucentis)
Herbert Smith Freehills (Milan)
Italy 7 contributions 29639 visits
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Herbert Smith Freehills (Brussels)
Belgium 41 contributions 16300 visits
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Herbert Smith Freehills (Brussels)
Belgium 16 contributions 4882 visits
On 18 March 2021, the Italian Administrative Highest Court (Consiglio di Stato) referred a case to the CJEU for a preliminary ruling regarding a request for revocation of its judgment with regard an antitrust infringement by Novartis-Roche. The CJEU has been asked to rule on whether the (...)

The EU Court of Justice issues its first ruling on the use of so-called ’hybrid settlement’ procedures in cases in which settlement decisions do not cover all parties to an infringement (Pometon)
Ashurst (Brussels)
Belgium 36 contributions 8610 visits
In its ruling in Pometon (C-440/19 P), the European Court of Justice ("ECJ") issued its first ruling on the use of so-called ’hybrid settlement’ procedures in cases in which settlement decisions do not cover all parties to an infringement. What you need to know – key takeaways The ECJ has (...)

The Italian Highest Administrative Court refers a case involving an anti-competitive arrangement concerning the sale of eye medication for the second time to the EU Court of Justice (Avastin / Lucentis)
Van Bael & Bellis (Brussels)
France 38 contributions 20666 visits
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Van Bael & Bellis (Brussels)
Belgium 19 contributions 7430 visits
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Van Bael & Bellis (Brussels)
United Kingdom 145 contributions 50290 visits
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1. Background of Case On 18 March 2021, the Italian highest administrative court, the Consiglio di Stato (the CS), decided to refer a case under its review for the second time to the Court of Justice of the European Union (CJEU) pursuant to Article 267 TFEU. The case finds its origin in a (...)

The Turkish Competition Authority introduces a settlement mechanism under national competition law
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 162 contributions 75090 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 1871 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 7 contributions 2170 visits
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In an effort to take one step further in harmonizing the Turkish Competition Law with the EU legislation, the Turkish Competition Authority (“Authority”) has recently introduced the settlement mechanism under Article 43 of the Law No. 4054 on the Protection of Competition (“Law No. 4054”) and the (...)

The EU Court of Justice partially annuls a judgment of the General Court reducing to €2.6 million the fine imposed on a company for its participation in the steel abrasives cartel (Pometon)
Herbert Smith Freehills (Brussels)
Belgium 41 contributions 16300 visits
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Herbert Smith Freehills (Brussels)
Belgium 16 contributions 4882 visits
In March 2021, the Court of Justice of the EU ("CJEU") partially annulled a judgment of the General Court ("GC"), reducing from €3.8 million to €2.6 million the fine imposed on Pometon S.p.A ("Pometon") for its participation in the steel abrasives cartel. The CJEU granted the fine reduction (...)

The Turkish High State Court upholds the Competition Authority’s non-fining decision by implementing the non bis in idem principle (Mey İçki / Antalya Alkollü / Efe Alkollü)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 162 contributions 75090 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 1 contribution 498 visits
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Trendyol (Ankara)
Turkey 1 contribution 498 visits
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Introduction In April 2016, the Turkish Competition Board (the “Board”) launched an investigation against Mey İçki San. ve Tic. A.Ş. (“Mey İçki”), a subsidiary of Diageo plc. The investigation aimed to explore the validity of the allegations regarding Mey İçki`s abuse of dominance in the Turkish (...)

The Australian High Court grants leave to appeal the decision of the Federal Court regarding access to the Port of Newcastle (Port of Newcastle Operations / Glencore)
Ashurst (Brisbane)
Australia 1 contribution 188 visits
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Ashurst (Perth)
Australia 4 contributions 457 visits
On 12 March 2021, the High Court of Australia (the "High Court") granted Port of Newcastle Operations Pty Ltd ("PNO") special leave to appeal the decision of the Full Court of the Federal Court of Australia ("Full Court") regarding access to the Port of Newcastle (the "Port"). Key takeaways (...)

The UK Court of Appeal confirms that collective proceedings’ funding arrangements are not damages-based agreements (Trucks Cartel)
Ashurst (London)
United Kingdom 14 contributions 2382 visits
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Ashurst (London)
United Kingdom 7 contributions 1300 visits
On 5 March 2021, the Court of Appeal upheld a decision of the Competition Appeal Tribunal ("CAT") that the funding arrangements in place in two collective proceedings arising from the Trucks cartel are not damages-based agreements ("DBAs"). What you need to know - key takeaways The decision (...)

The Indian Competition Authority amends its regulations to fix the composition of the bench in final hearings
Shardul Amarchand Mangaldas (New Delhi)
India 58 contributions 16041 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 56 contributions 15409 visits
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Shardul Amarchand Mangaldas (Mumbai)
United States 70 contributions 19180 visits
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The CCI amended the Competition Commission of India (Meeting for Transaction of Business) Regulations, 2009 to address the composition of the CCI “coram” (bench) in final hearings. It is now provided that, during such final hearings, the coram of the CCI shall remain constant and it alone will (...)

The Croatian Supreme Court upholds the Competition Authority’s infringement decision in the orthodontists’ cartel case (Croatian Orthodontic Society)
Croatian Competition Agency (Zagreb)
Croatia 116 contributions 18380 visits
INFRINGEMENT DECISION OF THE CCA IN THE ORTHODONTISTS’ CARTEL CASE UPHELD BY THE SUPREME COURT* By its ruling of 2 March 2021 in the administrative dispute of the claimant – the Croatian Orthodontists Society – against the decision of the Croatian Competition Agency of 12 June 2014, and based on (...)

The EU Court of Justice rules on the access to external communication records and the possibility of using such data as evidence during criminal proceedings (Prokuratuur)
Portolano Cavallo (Milan)
Italy 4 contributions 392 visits
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Portolano Cavallo (Milan)
Italy 4 contributions 970 visits
On March 2, 2021, the Court of Justice of the European Union (“CJEU”) ruled on (i) the criteria for establishing the lawfulness of public authorities accessing external communication records (“ECR”) stored by electronic service providers to carry out criminal investigations; and (ii) the (...)

The EU Court of Justice confirms the General Court’s analysis and applies the State imputability condition in the specific case of a measure implemented by a private entity (Banca Popolare di Bari)
University of Liège
France 393 contributions 670154 visits
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BonelliErede (Brussels)
Belgium 1 contribution 286 visits
The Court of Justice (‘the Court’), sitting as a Grand Chamber, dismissed an appeal lodged by the European Commission (‘the Commission’) against the General Court’s judgment annulling the Commission’s negative decision concerning the intervention of the Fondo interbancario di tutela dei depositi (...)

The Swedish Competition Authority develops a new method of determining fines
Bird & Bird (Copenhagen)
Denmark 9 contributions 3686 visits
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Bird & Bird (Copenhagen)
Denmark 36 contributions 7605 visits
The revision of the method for determining the size of fines has inter alia happened as a result of the recent implementation of the ECN+ Directive, which has increased the decision-making powers of the SCA, including providing the SCA with the power to impose fines on companies on its own. (...)

Regulatory

 The UK Competition Authority publishes new guidelines for M&A transactions, with notable changes including a reduced bar for the SLC test and a reduced focus on market shares
Latham & Watkins (London)
United Kingdom 2 contributions 731 visits
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Covington & Burling (Brussels)
Belgium 9 contributions 10023 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The new Merger Assessment Guidelines are out. Revised guidelines are long overdue, as the outgoing MAGs have a Jurassic quality in dating back to September 2010. (...)

International

 USA: The Supreme Court hears arguments in the case involving a challenge to the NCAA’s regulations that restrict the amount of financial aid that colleges may provide to athletes (N.C.A.A. / Alston)
University of Wisconsin
United States 5 contributions 12567 visits
The NCAA in the Supreme Court—Analytic confusion resulting in inexplicable results The Supreme Court recently heard arguments in NCAA v. Alston. The case involves a challenge to the NCAA’s regulations that restrict the amount of financial aid that colleges may provide to athletes. The lower (...)

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