March 2022

General antitrust

 The Mexican Competition Authority investigates barriers to competition in the online retail market
Mexican Competition Authority (Mexico City)
Mexico 130 contributions 25031 visits
Cofece investigates possible barriers to competition and essential inputs in retail e-commerce market* The investigated market corresponds to the retail purchase and sale of goods through the internet. This is the first investigation in digital markets to determine whether barriers to (...)

The UK Competition Authority calls for comments on draft guidance for new Vertical Agreements Block Exemption Order
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 9 contributions 1522 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 16 contributions 19159 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 37 contributions 37409 visits
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The UK Competition and Markets Authority (the “CMA”) is consulting on its draft guidance (“Draft Guidance”) for its proposed Vertical Agreements Block Exemption Order (“VABEO”). It invites comments by May 5, 2022. The Draft Guidance largely maintains the status quo. There are, however, a number of (...)

The Mexican Competition Authority opens a market investigation into barriers to entry in the e-commerce market following increased popularity throughout COVID-19 pandemic
Baker Mckenzie (Mexico)
Mexico 1 contribution 500 visits
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Baker Mckenzie (Mexico)
Mexico 2 contributions 924 visits
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Baker Mckenzie (Mexico)
Mexico 1 contribution 500 visits
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Mexico: COFECE investigates barriers to entry in the retail e-commerce market* In brief On 31 March 2022, the Investigating Authority of the Federal Economic Competition Commission (COFECE) published notice of the initiation of an investigation, into the retail electronic commerce (...)

The German Competition Authority launches sector inquiry into online credit scoring used in the German online retail sector
German Competition Authority (Bonn)
Germany 435 contributions 110430 visits
Bundeskartellamt launches sector inquiry into scoring in the online retail sector* The Bundeskartellamt has launched a sector inquiry under consumer protection law into “scoring” practices used in the online retail sector. It deals with retailers’ prac-tices to check consumers’ credit standing, (...)

The Mexican Competition Authority initiates investigation into possible barriers to competition and the existence of essential facilities in the e-commerce market
Mexican Competition Authority (Mexico City)
Mexico 130 contributions 25031 visits
Cofece investigates possible barriers to competition and essential inputs in retail e-commerce market* The investigated market corresponds to the retail purchase and sale of goods through the internet. This is the first investigation in digital markets to determine whether barriers to (...)

The Mexican Competition Authority publishes a preliminary opinion identifying barriers to competition along the value chain of jet fuel in Mexico
Mexican Competition Authority (Mexico City)
Mexico 130 contributions 25031 visits
Cofece’s Preliminary Opinion identifies barriers to competition along the value chain of jet fuel in Mexico* Barriers to competition inhibit innovation, investment, access to infrastructure and increase costs, which prevents the entry of new participants in this market. Jet fuel is the main (...)

The EU General Court partially annuls a €35.7M fine on a Japanese airline (Japan Airlines and others)
Van Bael & Bellis (Brussels)
Belgium 29 contributions 23682 visits
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Van Bael & Bellis (Brussels)
Belgium 10 contributions 5759 visits
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Van Bael & Bellis (Brussels)
Belgium 380 contributions 90727 visits
In a judgment issued on 30th March 2022, the General Court of the European Union partially annulled the European Commission decision of 17 March 2017 fining Japan Airlines, and a number of other airlines, for having entered into arrangements relating to fuel and security surcharges found to be (...)

The EU Commission publishes remarks made by the Executive Vice-President Vestager for the political agreement on the Digital Markets Act
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705557 visits
Remarks by Executive Vice-President Vestager for the political agreement on the Digital Markets Act* "Check against delivery" It is less than 18 months ago that the Commission tabled the two proposals for the Digital Markets Act and the Digital Service act. And here we are today. And with (...)

The EU Commission welcomes a political agreement on new rules to ensure fair and open digital markets
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705557 visits
Digital Markets Act: Commission welcomes political agreement on rules to ensure fair and open digital markets* The Commission welcomes the swift political agreement reached yesterday between the European Parliament and EU Member States on the Digital Markets Act (DMA). The regulation, agreed (...)

The EU Parliament and Member States reach an agreement on the final text of the Digital Markets Act
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 16 contributions 19159 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 3 contributions 964 visits
On Thursday, March 25, 2022, the European Parliament and EU Member States reached agreement on the final text of the Digital Markets Act (DMA). The DMA marks a paradigm shift in the regulation of digital markets, giving the European Commission unprecedented powers to regulate leading digital (...)

The UK Competition Authority prioritises digital markets and sustainability as key focus areas in its 2022-2023 annual plan
Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 246 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 11 contributions 1721 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 4 contributions 996 visits
Digital markets and Sustainability are key focus areas of the CMA’s 2022-2023 Annual Plan* On 24 March 2022, the Competition and Markets Authority (CMA) published its 2022-2023 Annual Plan, setting out the focus areas for the UK’s principal competition and consumer protection regulator. In (...)

The European Competition Network and the EU Council publish a joint statement in which they promise to be pragmatic in assessing the behaviour adopted by companies in response to the severe difficulties encountered in connection with Russia’s invasion of Ukraine
Orrick, Herrington & Sutcliffe (Paris)
France 17 contributions 25961 visits
After the various measures taken by countries, international organizations and companies to pressure Russia to stop its aggression against Ukraine, it is now the turn of the antitrust enforcers of the European Competition Network (ECN) to make their contribution. They did so by publishing a (...)

The European Competition Network issues a policy statement that permits "necessary and temporary" cooperation to address disruptions caused by the conflict in Ukraine
Jones Day (Brussels)
Belgium 43 contributions 17931 visits
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Jones Day (Brussels)
Belgium 16 contributions 4683 visits
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Jones Day (Brussels)
Belgium 10 contributions 2485 visits
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The European Competition Network ("ECN") issued a policy statement indicating that member agencies will not intervene in legitimate, cooperative efforts to address disruptions caused by the conflict in Ukraine and related sanctions. The ECN is a working group of competition authorities in (...)

The European Competition Network issues a joint statement on the application of competition law in the context of the war in Ukraine
European Commission - DG COMP (Brussels)
Belgium 715 contributions 216874 visits
Joint statement by the European Competition Network (ECN) on the application of competition law in the context of the war in Ukraine* The Competition and Consumer Protection Commission (CCPC) is a member of the European Competition Network (ECN). This is a network of 27 competition authorities (...)

The EFTA Surveillance Authority and the European Competition Network issue a joint statement on the application of competition rules in the context of Russia’s invasion of Ukraine
EFTA Surveillance Authority (Brussels)
Belgium 133 contributions 26898 visits
Joint statement from the European Competition Network on applying competition law in the context of the Russian invasion of Ukraine* Today the EFTA Surveillance Authority (ESA), the European Commission, and the EU/EEA national competition authorities issued a joint statement providing clarity (...)

The European Competition Network considers that companies may need to cooperate to mitigate the effects of the Russo-Ukrainian war and the EU Commission adopts a Temporary Crisis Framework permitting more State aid
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90727 visits
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Van Bael & Bellis (Brussels)
Belgium 9 contributions 1723 visits
Russian invasion of Ukraine prompts ECN guidance on application of EU competition rules and European Commission’s adoption of State aid crisis framework The Russian invasion of Ukraine on 24 February 2022 has prompted European competition enforcers to reassess the application of the EU (...)

The Austrian Competition Authority initiates a market inquiry into the national fuel market following complaints from market participants
Austrian Competition Authority (Vienna)
Austria 55 contributions 6090 visits
AFCA conducting market inquiry into Austrian fuel market* The Austrian Federal Competition Authority (AFCA) has launched a market inquiry into the Austrian fuel market. The AFCA is responsible for conducting competition sector inquiries in Austria. It may launch a sector inquiry where (...)

The European Competition Network issues a joint statement on the application of competition law in the context of the war in Ukraine
Allen & Overy (Brussels)
Belgium 22 contributions 4898 visits
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McDermott Will & Emery (Brussels)
Belgium 36 contributions 8482 visits
On March 21 2022, the European Competition Network (ECN), the network of authorities comprising the European Commission, the EFTA Surveillance Authority and the national competition authorities of all EU Member States (NCAs), issued a joint statement on the application of competition law in the (...)

The Italian Competition Authority issues detailed requests for information from leading Italian oil companies following increase in price of petrol and diesel
Italian Competition Authority (Rome)
Italy 64 contributions 16306 visits
DC10398 - ICA: requests for information about fuel prices sent to leading oil companies* With the assistance of the Guardia di Finanza (Italian Financial Police), the Authority notified the documentation at the offices of the companies Following the extraordinary increase in petrol and (...)

The Belgian Government sees the act transposing the ECN+ Directive and introducing several other amendments to competition law and the criminal code enter into force
Ashurst (Brussels)
Belgium 7 contributions 1203 visits
On 17 March 2022, the Belgian Act transposing the ECN+ Directive and also introducing several other amendments to Belgian Competition law (ie, Book IV of the Code on Economic Law) and the Belgian Criminal Code entered into force. Key takeaways The ECN+ Directive aims to empower EU National (...)

The Chinese Supreme Court releases its interpretation on several issues concerning the application of the Anti-unfair competition law
AnJie Broad Law (Beijing)
China 11 contributions 1639 visits
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AnJie Broad Law (Beijing)
China 39 contributions 12079 visits
Supreme People’s Court releases interpretation of Anti-Unfair Competition Law* On 17 March 2022, the Supreme People’s Court of China released the Interpretation on Several Issues Concerning the Application of the Anti-Unfair Competition Law. The document, which took effect on 20 March 2022, (...)

The Middle East and North Africa Competition Authorities launch the Arab Competition Network
Allen & Overy (Brussels)
Belgium 3 contributions 3126 visits
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Davis Polk (London)
United Kingdom 4 contributions 3004 visits
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Allen & Overy (Brussels)
Belgium 1 contribution 284 visits
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Middle East and North Africa Competition Authorities launch the Arab Competition Network Enhanced cooperation among antitrust regulatory authorities in the MENA region On 16 March 2022, Middle East and North Africa (MENA) competition authorities officially launched the Arab Competition (...)

The UK Competition Authority launches investigation into suspected anti-competitive conduct involving vehicle manufacturers in relation to the recycling of old or written-off vehicles
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90677 visits
CMA launches investigation into recycling of cars and vans The CMA has launched an investigation into suspected anti-competitive conduct in relation to the recycling of old or written-off vehicles The Competition and Markets Authority (CMA) has reason to suspect anti-competitive behaviour has (...)

The UK Competition Authority publishes environmental sustainability advice to the government
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90677 visits
CMA publishes environmental sustainability advice to government* The CMA has published advice on how competition and consumer laws can help meet the UK’s environmental goals, and has outlined plans for a Sustainability Taskforce. Advice suggests clarifying the law on providing environmental (...)

The UK Competition Authority and EU Commission offer further detail on how competition law can support sustainability
Osborne Clarke (London)
United Kingdom 2 contributions 6928 visits
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1 contribution 44 visits
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Osborne Clarke (London)
United Kingdom 1 contribution 44 visits
UK and EU regulators offer further detail on how competition law can support sustainability* What are the implications of CMA and European Commission proposals for businesses in sustainability collaborations with competitors? Competition authorities in the UK and EU have published details of (...)

The Mexican Competition Authority makes recommendations that will favor users of taxi and bus services at the Felipe Ángeles International Airport
Mexican Competition Authority (Mexico City)
Mexico 130 contributions 25031 visits
COFECE makes recommendations that will favor users of taxi and bus services at the Felipe Ángeles International Airport* The scheme presented by the airport for the opinion of Cofece, is consistent with the principles of competition and will be an important precedent for other airports. Cofece (...)

The US DoJ and Department of Labor strengthen their partnership to protect workers through greater coordination and information sharing, cross-agency training and outreach
US Department of Justice (Washington)
United States 163 contributions 68584 visits
Departments of Justice and Labor Strengthen Partnership to Protect Workers* The Agencies Will Enhance Enforcement Efforts Through Greater Coordination and Information Sharing, Cross-Agency Training and Outreach The Justice Department’s Antitrust Division and the Labor Department signed a (...)

The Romanian Competition Authority monitors the fuels market and investigates the increase in prices
Romanian Competition Council (Bucharest)
Romania 138 contributions 24581 visits
The Competition Council monitors the fuels market and investigates the increase in prices* The Romanian Competition Council monitors the fuel market and investigates situations where prices have raised without any economic justification. The anticipation of a certain price that should be (...)

The US DoJ and Department of Labor release a Memorandum of Understanding to strengthen and coordinate enforcement efforts in labour markets
McDermott Will & Emery (Chicago)
United States 13 contributions 3216 visits
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McDermott Will & Emery (Chicago)
United States 1 contribution 709 visits
Continuing the recent string of actions across the Biden administration in response to the July 2021 Executive Order on “Promoting Competition in the American Economy,” on March 7, 2022, the US Treasury Department (Treasury) released a report titled “The State of Labor Market Competition,” and on (...)

The OECD suspends Russia and Belarus from participating in its activities as a sanction for Russia’s military aggression against Ukraine
Lithuanian Competition Authority (Vilnius)
Lithuania 100 contributions 19322 visits
OECD suspends participation of Russia and Belarus in organisation‘s activities* On March 8 the Organisation for Economic Co-operation and Development (OECD) decided to suspend the participation of Russia and Belarus in all OECD bodies, including the meetings of the OECD Competition Committee (...)

The Canadian Government imposes strict new rules on FDI from Russia in light of the Russo-Ukrainian war
Davies Ward Phillips & Vineberg (Toronto)
Canada 21 contributions 3829 visits
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Davies Ward Phillips & Vineberg (Toronto)
Canada 3 contributions 549 visits
On March 8, 2022, the government of Canada issued a policy statement regarding the review of Russian investments under the Investment Canada Act (ICA). The policy statement was issued in response to Russia’s invasion of Ukraine, which the government called “unprovoked and unjustifiable”, and (...)

The Belgian Parliament transposes the ECN+ Directive into the national legislation and introduces filing fees in concentration notifications
McDermott Will & Emery (Brussels)
Belgium 36 contributions 8482 visits
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McDermott Will & Emery (Brussels)
Belgium 12 contributions 4527 visits
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Allen & Overy (Brussels)
Belgium 22 contributions 4898 visits
On March 7, 2022, changes to both the Belgian Code of Economic Law (CEL) as well as the Belgian Criminal Code (BCC) were published in the Belgian Official Gazette (Belgisch Staatsblad, Moniteur belge). The main changes include: Introducing a filing fee in notifications of concentrations (...)

The Lithuanian Competition Authority urges retail chains not to use their market power unfairly as suppliers suspend their ties with Russia and Belarus
Lithuanian Competition Authority (Vilnius)
Lithuania 100 contributions 19322 visits
“After” suppliers suspend their ties with Russia and Belarus, Lithuanian konkurencijos taryba urges retail chains not to use their market power unfairly* The Lithuanian competition authority Konkurencijos taryba has sent a letter to the firms managing five major retail chains urging them to take (...)

The Mexican Competition Authority recommends not to approve the constitutional reform initiative in electricity matters due to the risks of affecting consumers and companies
Mexican Competition Authority (Mexico City)
Mexico 130 contributions 25031 visits
Due to the risks of affecting consumers and companies, Cofece recommends not to approve the constitutional reform initiative in electricity matters* The approval of the Initiative would suppress competition in the sector and eliminate the regulation mechanisms that allow its efficient (...)

The Slovak Competition Authority releases a statement of support for the suspension of the Russian Federation in international cooperation in the field of competition protection
Slovak Competition Authority (Bratislava)
Slovakia 53 contributions 5152 visits
In connection with events in Ukraine, ICN Chair suspended the participation of the Russian Federation in international cooperation in the field of competition protection* AMO SR supports the ICN Chair´s decision. The International Competition Network (ICN) represents a global platform for (...)

The Lithuanian, Latvian, Estonian, and Polish Competition Authority jointly urge the OECD and UNCTAD to exclude Russian Government and individual experts from future events as a sanction for the country’s military aggression against Ukraine
Lithuanian Competition Authority (Vilnius)
Lithuania 100 contributions 19322 visits
Joint statements to OECD and UNCTAD by Lithuanian, Latvian, Estonian, Polish Competition Authorities in support of Ukraine* We, the heads of the Lithuanian, Estonian, Latvian and Polish Competition Authorities, support the condemnation by our national governments of Russia‘s open large-scale (...)

The International Competition Network suspends the Russian Competition Authority’s participation in its activities in an effort to condemn the state’s act of aggression against Ukraine
International Competition Network (ICN)
United States 6 contributions 2969 visits
ICN Chair’s Statement – Current events in Ukraine* The International Competition Network (ICN) is a network of 140 competition authorities from 130 jurisdictions. The ICN was founded to facilitate cooperation and convergence between authorities worldwide. Russia’s competition authority, the (...)

The Canadian Competition Authority releases new guidelines for consumers to recognize and report online reviews in violation of the Canadian federal competition Act
Steve Szentesi Law Corporation (Vancouver)
Canada 55 contributions 14245 visits
New Competition Bureau Guidelines for Online Reviews* On March 2, 2022, the Competition Bureau released new guidelinesfor consumers to recognize, reject and report false and misleading online reviews, which can violate the general civil or criminal misleading advertising provisions of the (...)

The EU Commission publishes revised draft guidance for horizontal agreements
Herbert Smith Freehills (Brussels)
Belgium 110 contributions 68874 visits
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Herbert Smith Freehills (Brussels)
Belgium 42 contributions 16382 visits
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Herbert Smith Freehills (Brussels)
Belgium 16 contributions 4886 visits
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In March the European Commission (“Commission”) published, for consultation, its draft revised Guidelines on the application of Article 101 TFEU to horizontal cooperation agreements (“draft revised Horizontal Guidelines”). The proposed revisions are important as they update and expand the existing (...)

The EU Commission proposes for public comment its new competitor cooperation guidelines which are tougher on information sharing but provide scope for sustainability agreements
Skadden, Arps, Slate, Meagher & Flom (Brussels)
United Kingdom 57 contributions 23875 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 67 contributions 30439 visits
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Université Catholique de Lille
Belgium 37 contributions 11968 visits
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The European Commission (Commission) is accepting public comment on its proposed revisions to European Union regulations and guidance on common competitor cooperation arrangements, which are due to expire on 31 December 2022. Cooperation agreements among existing or potential competitors (i.e., (...)

The EU Commission includes for the first time in its draft revision of the horizontal cooperation guidance a specific section on consortia agreements
Herbert Smith Freehills (Brussels)
Belgium 110 contributions 68874 visits
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Herbert Smith Freehills (Brussels)
Belgium 1 contribution 254 visits
The European Commission’s draft revision of the horizontal cooperation guidance published on March 1, 2022, for the first time includes a specific section on the assessment of consortia agreements. Up to now, there has been very limited guidance in case law and in the existing horizontal (...)

Anticompetitive practices

 The UK Competition Appeal Tribunal rules on first ever carriage dispute in UK FX Cartel Class action (Evans / O’Higgins)
Ashurst (London)
United Kingdom 3 contributions 548 visits
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Ashurst (London)
United Kingdom 14 contributions 2385 visits
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Ashurst (London)
United Kingdom 7 contributions 1303 visits
On 31 March 2022, the Competition Appeal Tribunal (’CAT’) refused to certify two claims advanced against a number of UK banks for their participation in a foreign exchange spot rate manipulation cartel as opt-out collective proceedings. The novel issue before the CAT at the certification hearing (...)

The UK Competition Appeal Tribunal rules that class action proceedings may only be brought on an opt-in basis where the class of potential complainants is sophisticated and thus opt-in is practicable (Evans / O’Higgins)
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8571 visits
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Herbert Smith Freehills (London)
United Kingdom 1 contribution 353 visits
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Herbert Smith Freehills (London)
United Kingdom 1 contribution 353 visits
The UK Competition Appeal Tribunal (“CAT“) has ruled for the first time that collective proceedings can only proceed on an opt-in basis, rather than the opt-out basis sought by the class applicants. The ruling came in the O’Higgins/Evans case, concerning two competing applications for a Collective (...)

The Lithuanian Supreme Administrative Court affirms the decision of the national competition authority to fine two companies a total of over €170K for cartel behaviour (Jadrana / Pasvalio melioracija)
Lithuanian Competition Authority (Vilnius)
Lithuania 100 contributions 19322 visits
Dispute over fines to cartelists settled in court* On March 30 the Supreme Administrative Court of Lithuania (Court) has approved settlement agreements between the Lithuanian competition authority Konkurencijos taryba and the companies Jadrana and Pasvalio melioracija in which EUR 18,720 and (...)

The Swiss Federal Supreme Court rules that agency privilege will not protect firms from liability for exclusivity agreements partitioning the domestic market (Les Editions Flammarion)
Lenz & Staehelin (Geneva)
Switzerland 7 contributions 40860 visits
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Lenz & Staehelin (Zurich)
Switzerland 11 contributions 2407 visits
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Lenz & Staehelin (Zurich)
Switzerland 1 contribution 28 visits
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The Federal Supreme Court published its judgment regarding Les Editions Flammarion SA in the book market case and excludes the application of the agency privilege to exclusivity clauses partitioning the Swiss market. Investigation of the French-language book market Following an investigation (...)

The UK Competition Appeal Tribunal allows planned forex class action against big banks with the proviso that class members must opt-in to the litigation (Evans / O’Higgins)
Hausfeld (London)
United States 10 contributions 4659 visits
London, 31 March 2022 – Today, the Competition Appeal Tribunal (CAT) has handed down its judgment in FX Claim UK, the opt-out collective action brought by Phillip Evans, deciding that the proposed FX collective proceedings can be certified, but on an opt-in basis only. Mr Evans intends to (...)

The UK Competition Authority publishes its decision to fine manufacturers of Hydrocortisone tablets £260 million for excessive pricing relying on a "Cost+" model (Auden Mckenzie / Actavis)
Baker McKenzie (London)
United Kingdom 7 contributions 21380 visits
The CMA’s full text decision in the long-running Hydrocortisone case, originally initiated in 2016 and in which the CMA imposed record fines, is now published and it shows a slight rethink of the CMA’s approach to excessive pricing in the pharma sector. The definition of excessive pricing as an (...)

The Hungarian Competition Authority fines three construction companies for market sharing and price-fixing (Ponty-Poronty / Operon / Építő Szolgáltató)
Hungarian Competition Authority (Budapest)
Hungary 89 contributions 18228 visits
The GVH imposed fines for involvement in a public procurement cartel * 31 March 2022, Budapest – The Hungarian Competition Authority (GVH) fined three construction companies HUF 42.8 million for market sharing and price fixing. The undertakings tried to acquire a public investment in Baja (...)

The Portuguese Competition Authority sanctions four supermarket chains for retail price fixing practices (Auchan / Lidl / Modelo / Continente / Pingo Doce)
Portuguese Competition Authority (Lisbon)
Portugal 111 contributions 27498 visits
AdC sanctions Auchan, Lidl, Modelo Continente, Pingo Doce, a supplier of soft drinks and two managers for colluding on prices to the detriment of consumers* The decision The AdC (Portuguese Competition Authority) has sanctioned four supermarket chains – Auchan, Lidl, Modelo Continente and (...)

The EU General Court dismisses appeals by 13 airlines against a readopted decision which imposed fines of €799M for price coordination (Airfreight cartel)
Van Bael & Bellis (Brussels)
Belgium 8 contributions 1649 visits
On 30 March 2022, the General Court of the European Union (“General Court”) handed down thirteen separate judgments on appeals brought by airfreight carriers against the Commission’s re-adopted decision in the Airfreight case. Background In November 2010, the European Commission (“Commission”) (...)

The Japanese Competition Authority issues cease and desist orders and surcharge payment orders against participants in biddings for pharmaceutical procurement ordered by Japan Community Health Care Organization (Alfresa / Toho / Suzuken)
Japan Fair Trade Commission (Tokyo)
Japan 130 contributions 23035 visits
The JFTC issued cease and desist orders and surcharge payment orders against participants in biddings for pharmaceutical procurement ordered by Japan Community Health Care Organization* The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) today issued cease and desist orders (...)

The EU General Court dismisses the appeals of airlines fined for forming a cartel and upholds the €790M fine (Airfreight cartel)
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 96007 visits
Cartel on the airfreight market: the General Court rules on actions brought by multiple airlines* On 9 November 2010, the European Commission adopted a decision [1] against multiple undertakings operating on the airfreight market (‘the carriers’) which had participated in a pricing cartel (...)

The German Competition Authority has no serious competition law concerns against an industry agreement to improve animal welfare in milk production (QM-Milch)
German Competition Authority (Bonn)
Germany 435 contributions 110425 visits
Increasing animal welfare in milk production – Bundeskartellamt tolerates the introduction of the QM+ programme* The Bundeskartellamt has no serious competition law concerns against the “industry agreement milk” (Branchenvereinbarung Milch) presented by QM-Milch e.V. to improve animal welfare in (...)

The Italian Competition Authority fines ferry operator €3.7 million for excessive pricing (Caronte & Tourist)
Italian Competition Authority (Rome)
Italy 64 contributions 16303 visits
The Italian Competition Authority (the “ICA”) fined ferry operator Caronte & Tourist (“C&T”) €3.7 million for having charged excessive prices on a ferry transportation route between Sicily and Calabria between 2017 and 2019 (the “Decision”). I. The investigation In July 2020, the ICA opened (...)

The Bulgarian Competition Authority initiates proceedings against 7 work shoe and clothing producers for suspected bid rigging (Technomat Mercury / Kavaler Union 2001 / Apollo / Kriston / Lorton / Labor-Productive Cooperative of the Disabled Zdravohod / Krasi Style 8)
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgaria 17 contributions 2362 visits
CPC initiates proceedings to establish the possible existence of a cartel agreement aimed at manipulating procedures for the awarding of public contracts with the subject of production and supply of official clothing and footwear* In fulfillment of one of the main priorities for the (...)

The Austrian Competition Authority files an action at the cartel court against a cabinet manufacturer for cartel activity (Cabinetmaking Cartel / Fürst)
Austrian Competition Authority (Vienna)
Austria 55 contributions 6090 visits
Joiner cartel: AFCA files another application with Cartel Court* In the course of its investigations into the joinery/cabinetmaking industry, the Austrian Federal Competition Authority (AFCA) filed an application with the Cartel Court on 28 March 2022 for a finding of an infringement pursuant (...)

The Spanish Competition Authority investigates possible anti-competitive practices in the food supply market to communities dependent on public bodies
Spanish Competition Authority (CNMC) (Madrid)
Spain 127 contributions 28108 visits
The CNMC investigates possible anti-competitive practices in the food supply market to communities dependent on public bodies* Such practices involve agreements for the tempering and allocation of tenders called in Spain. On 22 and 23 March, the CNMC carried out on-site inspections at the (...)

The Australian Federal High Court fines an ice cream production company $12M for exclusive dealing (Peters)
Ashurst (Sydney)
United States 17 contributions 2300 visits
The Federal Court has ordered Australasian Food Group, trading as Peters (’Peters’), to pay a $12 million penalty after the ACCC alleged, and Peters admitted, that its exclusive distribution agreement with PFD Food Services (’PFD’) had the likely effect of substantially lessening competition. Key (...)

The Japanese FTC approves commitment plans submitted by two sport companies based on infringement of Antimonopoly act (Amer Sports / Wilson Sporting Goods)
Japan Fair Trade Commission (Tokyo)
Japan 130 contributions 23033 visits
Approval of the Commitment Plans submitted by Amer Sports Japan, Inc. and Wilson Sporting Goods Co.* The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) has investigated Amer Sports Japan, Inc. (hereinafter referred to as “ASJ”) and Wilson Sporting Goods Co. (hereinafter (...)

The German Competition Authority greenlights collective negotiations by independent breweries (Die Freien Brauer)
German Competition Authority (Bonn)
Germany 435 contributions 110425 visits
No objections to collective negotiations by Die Freien Brauer GmbH & Co. KG* The Bundeskartellamt does not have any competition concerns regarding the collective assessment and negotiations by the breweries organised in the association “Die Freien Brauer GmbH & Co. KG” (“Die Freien (...)

The US District Court for the District of Columbia dismisses the FTC’s claims of anticompetitive horizontal agreement involving opioid medication (Endo / Impax)
Hausfeld (Washington)
United States 2 contributions 181 visits
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Hausfeld (Philadelphia)
United States 3 contributions 255 visits
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Hausfeld (Washington)
Chile 1 contribution 96 visits
On March 24, 2022, Judge Royce C. Lamberth of the U.S. District Court for the District of Columbia dismissed the Federal Trade Commission’s (the “Commission”) complaint against Endo Pharmaceuticals Inc. (“Endo”), Impax Laboratories, LLC (“Impax”) and Impax’s owner, Amneal Pharmaceuticals, Inc. (...)

The Australian Competition Authority refuses to give an authorisation for the provisions of a settlement and licence agreement between pharmaceutical companies (Celgene / Juno / Natco)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78246 visits
ACCC not satisfied of claimed benefits from proposed settlement between pharmaceutical companies* The ACCC proposes to deny authorisation for the provisions of a settlement and licence agreement between Celgene and generic drug companies, Juno and Natco. The companies are seeking authorisation (...)

The Brazilian Competition Authority fines maritime vehicle shipping providers for participation in a cartel (Hoegh Autoliners)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12964 visits
CADE fines maritime vehicle shipping providers for participation in cartel* The firm Hoegh Autoliners Holdings AS and an individual were fined BRL 26.4 million On 23 March, the Tribunal of the Administrative Council for Economic Defense (CADE) found the company Hoegh Autoliners Holdings AS (...)

The Czech Competition Authority imposes fines for cartel behaviour in the market for AV Equipment suppliers (AV Media Systems)
Czech Competition Authority (Brno)
Czech Republic 40 contributions 5538 visits
The Office imposed fines for cartel of AV Equipment suppliers* By its first-instance decision, the Office for the Protection of Competition imposed fines in the total amount of CZK 2 442 000 on the undertakings AV MEDIA SYSTEMS, a.s., M plus spol. s r.o., Nowatron Elektronik, spol. s r.o. and (...)

The German Competition Authority initiates proceeding against medical aids associations for coordinated price increases to the detriment of health insurance companies (ARGE)
German Competition Authority (Bonn)
Germany 435 contributions 110425 visits
Bundeskartellamt initiates proceeding against medical aids associations for coordinated price increases to the detriment of health insurance companies * Several associations of suppliers of medical aids joined forces to demand coordinated price increases in the rehabilitation and care (...)

The Mexican Competition Authority investigates possible relative monopolistic practices in the market for the production, distribution and commercialization of household insecticides in national territory
Mexican Competition Authority (Mexico City)
Mexico 130 contributions 25029 visits
Cofece investigates possible relative monopolistic practices in the market of production, distribution and commercialization of household insecticides in national territory* This inquiry should not be understood as a prejudgment, but as an action by the authority to verify compliance with the (...)

The Brazilian Competition Authority fines two companies and five individuals for anticompetitive conduct in the resin market (Royal Química / Cempre Apoio Educacional)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12964 visits
Cartel in the resin market is fined 46.8 million reais* The authority convicted two companies and five individuals for the anticompetitive conduct On 23 March 2022, the Administrative Council for Economic Defense (CADE) convicted the firms Royal Química and Cempre Apoio Educacional, in (...)

The Hellenic Competition Authority conducts unannounced inspections on companies active in catering services provision
Hellenic Competition Commission (Athens)
Greece 115 contributions 15849 visits
Unannounced inspections in companies active in catering services provision* Subject: Unannounced inspections of the Hellenic Competition Commission in companies active in catering services provision On 22/3/2022, officials of the Hellenic Competition Commission (HCC) carried out unannounced (...)

The German Competition Authority closes its investigation into cooperation between two major telecommunications companies after the companies agree to share their networks with a third company (Vodafone / Telekom Deutschland / Telefónica)
German Competition Authority (Bonn)
Germany 435 contributions 110425 visits
Assessment of “grey spots cooperation” under competition law concluded On 21 March 2022, the Bundeskartellamt ended its proceeding to assess the “grey spots cooperation” in the mobile market under competition law. The planned cooperation which originally only involved Vodafone GmbH (Vodafone) and (...)

The Supreme People’s Court of China invalidates a mediation agreement on the grounds that it constituted a horizontal monopoly agreement (Huaming / Taipu)
AnJie Broad Law (Beijing)
China 39 contributions 12079 visits
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AnJie Broad Law (Beijing)
China 11 contributions 1639 visits
On 22 February 2022, the Intellectual Property Court of the Supreme People’s Court of China (SPC IPC) invalidated a mediation agreement, ruling that it constituted a horizontal monopoly agreement, which is prohibited under paragraph 13(1) of the Antimonopoly Law (AML). In the case at hand, (...)

The Supreme People’s Court of China issues a judgment which finds that a patent settlement agreement constitutes a horizontal monopoly agreement in violation of Anti-Monopoly Law (Huaming / Taipu)
Ashurst (Singapore)
Singapore 13 contributions 14921 visits
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Ashurst (Abū Dhabī)
United Arab Emirates 5 contributions 1225 visits
The Supreme People’s Court of China (’SPC’) issued a judgment on 21 March 2022 which found that a patent settlement between Shanghai Huaming Power Equipment Manufacturing (’Huaming’) and Wuhan Taipu Transformer Switch (’Taipu’) constituted a horizontal monopoly agreement in violation of China’s (...)

The US District Court for the Eastern District of Tennessee indicts 2 individuals and 4 companies for price fixing DVDs and Blu-Ray discs sold on an e-commerce platform (Victor Btesh / Bruce Fish / BDF / Michelle’s DVD Funhouse)
US Department of Justice (Washington)
United States 163 contributions 68589 visits
Two Individuals and Four Companies Indicted for Price Fixing DVDs and Blu-Ray Discs Sold on the Amazon Marketplace* A federal grand jury in Knoxville, Tennessee, returned an indictment charging two individuals and four companies with participating in a conspiracy to fix prices of DVDs and (...)

The Hellenic Competition Authority issues settlement decision following investigations into the market for the supply of impregnated wooden poles (Dritsa-Kagli / Elviex and Eteth / Kiriakos & Nikolaos Harakidis / Kiriiakos Emporiadis)
Hellenic Competition Commission (Athens)
Greece 115 contributions 15849 visits
Settlement Procedure: Decision on the ex officio investigation into the market for the supply of impregnated wooden poles (772/2022)* Subject: Decision on the ex officio investigation carried out into tenders, in particular of PPC-HEDNO, OTE et al., for the procurement of impregnated wooden (...)

The German Competition Authority declares that it has no objections to the further development of a payment system envisaged by a banking industry committee after initial plans for an exclusivity agreement were given up (Deutsche Kreditwirtschaft)
German Competition Authority (Bonn)
Germany 435 contributions 110425 visits
Bundeskartellamt has no objections to the further development of the giropay online payment system after initial plans for an exclusivity agreement were given up* The Bundeskartellamt has no objections to the further development of the giropay payment system envisaged by Deutsche (...)

The Estonian Supreme Court dismisses complaint which requires the Competition Authority to continue supervising the pricing policy of a postal company (AS Express post)
Estonian Competition Authority (Tallinn)
Estonia 11 contributions 1357 visits
The Supreme Court did not satisfy the complaint of Eesti Post against the Estonian Competition Authority* On Monday, 14 March, the Supreme Court dismissed the complaint of AS Eesti Post, the purpose of which was to oblige the Estonian Competition Authority to continue supervision over the (...)

The Hellenic Competition Authority conducts a sector inquiry into the market for financial technologies
Hellenic Competition Commission (Athens)
Greece 115 contributions 15849 visits
Sector Inquiry on Financial technologies (Fintech)* Subject: Sector Inquiry on Financial technologies (Fintech) Following the publication, on 22/12/2021, of the Interim Report on the sector inquiry on Financial Technologies of the Hellenic Competition Commission (HCC) (available in Greek here (...)

The Japanese FTC investigates hotel reservations company for restriction of competition (Bookings.com)
Japan Fair Trade Commission (Tokyo)
Japan 130 contributions 23033 visits
Approval of the Commitment Plan submitted by Booking.com B.V.* The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) has investigated Booking.com B.V. in accordance with the provisions of the Antimonopoly Act (hereinafter referred to simply as the “Act”), and suspected that the (...)

The EU Commission carries out unannounced inspections in the automotive sector
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
Antitrust: Commission carries out unannounced inspections in the automotive sector* On 15 March 2022, the European Commission has conducted unannounced inspections at the premises of companies and associations active in the automotive sector located in several Member States. In parallel, the (...)

The Spanish Competition Authority approves a report that analyses the conditions proposed by a professional football association to market broadcasting rights (La Liga)
Spanish Competition Authority (CNMC) (Madrid)
Spain 127 contributions 28108 visits
The CNMC analyses the proposals of La Liga to market the broadcasting rights of the 1st and 2nd divisions in Malta, Italy, Portugal and the Netherlands* The CNMC’s recommendation is to guarantee a competitive, transparent, and non-discriminatory tendering process Some of the conditions proposed (...)

The Portuguese Competition Authority issues a Statement of Objections to four companies for concerted practices resulting in higher supermarket prices (Modelo Continente / Pingo Doce / Auchan / Johnson & Johnson)
Portuguese Competition Authority (Lisbon)
Portugal 111 contributions 27497 visits
AdC issued SO to Modelo Continente, Pingo Doce, Auchan and Johnson & Johnson for aligning consumer prices* The AdC (Portuguese Competition Authority) has issued one Statement of Objections to three food distribution groups Modelo Continente, Pingo Doce and Auchan and the supplier of (...)

The Spanish Competition Authority imposes fines totalling €24M on 3 steel companies for disclosing information about prices, exchanging information about third party prices and sharing data on the technical shutdowns of their facilities (Balboa / Sidenor / ArcelorMittal)
Spanish Competition Authority (CNMC) (Madrid)
Spain 127 contributions 28108 visits
The CNMC fines three steel companies 24 million euros for two very serious infringements in the scrap purchase market in Spain* The companies disclosed information to one another regarding the prices they would offer to iron scrap suppliers. In addition, they shared data on the technical (...)

The EU Commission opens an investigation into possible anticompetitive conduct by Big Tech companies in online display advertising (Google / Meta)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705486 visits
Antitrust: Commission opens investigation into possible anticompetitive conduct by Google and Meta, in online display advertising* The European Commission has opened a formal antitrust investigation to assess whether an agreement between Google and Meta (formerly Facebook) for online display (...)

The UK Competition Authority investigates Big Tech companies over advertising tech concerns (Google / Meta)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
CMA investigates Google and Meta over ad tech concerns* The CMA is taking a closer look at Google and Meta’s conduct over concerns that they hampered competition in markets for online display advertising services. CMA and European Commission launch parallel probes into Google and Meta’s “Jedi (...)

The Spanish Competition Authority investigates several companies for the possible rigging of public tenders related to security and surveillance services
Spanish Competition Authority (CNMC) (Madrid)
Spain 127 contributions 28108 visits
The CNMC investigates several companies for the possible rigging of public tenders related to security and surveillance services* The possible agreements involving the rigging and allocation of tenders might have affected several public authorities. From March 1 to March 4, the CNMC carried out (...)

The Mexican Competition Authority announces possible collusion in the market for production, distribution and commercialization of corn tortilla
Mexican Competition Authority (Mexico City)
Mexico 130 contributions 25029 visits
COFECE notifies several economic agents of a statement of probable responsibility for a possible collusion in the sale of tortillas in Huixtla, Chiapas* The Investigative Authority concluded its inquiry and issued the statement in which it indicates the probable existence of collusion. With the (...)

The Hellenic Competition Authority carries out unannounced inspections in the market for medical products following a tender process
Hellenic Competition Commission (Athens)
Greece 115 contributions 15849 visits
Hellenic Competition Commission carries out unannounced inspections* Subject: Hellenic Competition Commission carries out unannounced inspections Athens, March 10, 2022 - Today, the Hellenic Competition Commission (HCC) carried out unannounced inspections (dawn raids) following recent press (...)

The Turkish Competition Authority concludes anticompetitive investigations on three port logistics companies and fines only the dominant one (Ortadoğu Antalya Liman İşletmeleri / Medlog Lojistik Gemicilik Turizm / MSC Gemi Acenteliği)
Turkish Competition Authority (Ankara)
Turkey 25 contributions 2780 visits
The investigation concerning Ortadoğu Antalya Liman İşletmeleri A.Ş., MSC Gemi Acenteliği A.Ş. and Medlog Lojistik Gemicilik Turizm A.Ş. concluded (8.3.2022) (9.3.2022)* The investigation conducted to determine whether articles 4 and 6 were violated, concerning Ortadoğu Antalya Liman İşletmeleri (...)

The Hellenic Competition Authority imposes an administrative fine on four electrical engineering associations for restriction of competition in engineering public procurement contracts (OSEHK / SEE / SEHK / SEMEEK / ACEEME)
Hellenic Competition Commission (Athens)
Greece 115 contributions 15849 visits
The Commission for the Protection of Competition imposed an administrative fine on OSEHK, SEE, SEHK, SEMEEK and ACEEME for infringements of section 3(1)(b) of the Protection of Competition Laws and of the corresponding article 101 (1)(b) of the Treaty on the Functioning of the European Union.* (...)

The Hellenic Competition Authority conducts unannounced inspection in the construction sector
Hellenic Competition Commission (Athens)
Greece 115 contributions 15849 visits
Unannounced inspections in the construction sector* The Hellenic Competition Commission carries out unannounced inspections in the construction sector in the context of the investigation under Article 11 of Law 3959/2011 (regulatory intervention in sectors of the economy) Athens, March 9, (...)

The Turkish Competition Authority concludes antitrust infringement investigations conducted on private healthcare institutions and association of undertakings and makes no finding of liability
Turkish Competition Authority (Ankara)
Turkey 25 contributions 2780 visits
Investigation conducted about certain private healthcare institutions and associations of undertakings was concluded (2.3.2022) (9.3.2022)* The investigation whether certain private healthcare institutions and associations of undertakings violated article 4 of the Act no 4054 on the Protection (...)

The US District Court for the District of Minnesota indicts a concrete company and its CEO for rigging bids for public contracts (Kamida)
US Department of Justice (Washington)
United States 163 contributions 68589 visits
Minnesota Concrete Company and its CEO Indicted for Rigging Bids for Public Contracts* Second charge filed for long-running conspiracy that targeted local governments and public schools in Minnesota A federal grand jury returned an indictment charging Kamida Inc., a Minnesota-based concrete (...)

The UK Competition Authority publishes an open letter to electric chargepoint operators and motorway service area operators following its investigation into suspected breaches of competition law about long-term exclusive arrangements
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
CMA open letter to motorway service area operators and electric vehicle chargepoint operators* The Competition and Markets Authority (CMA) has published an open letter to electric vehicle chargepoint operators and motorway service area operators following its investigation into suspected (...)

The UK Competition Authority unlocks electric vehicle charging competition for motorway drivers (Gridserve / Electric Highway)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
CMA unlocks electric vehicle charging competition for motorway drivers* The CMA has secured commitments from Gridserve which will unlock competition and increase choice of electric vehicle chargepoints on motorways for drivers. Following the launch of its investigation in July 2021, the (...)

The Hellenic Competition Authority issues decision following investigation for restriction of competition through coordination on minimum remuneration rates in the market for the installation and maintenance of elevators
Hellenic Competition Commission (Athens)
Greece 115 contributions 15849 visits
Decision No 758/2021 – Ex officio investigation in the market for the installation and maintenance of elevators* Subject: Decision on the ex-officio investigation in the market for the installation and maintenance of elevators in the northern part of Greece for possible violation of Article 1 (...)

The Spanish Competition Authority fines three steel companies €24M for anti-competitive exchanges of information in the market for scrap iron (Siderúgica Balboa / Sidenor Aceros Especiales / Arcelormittal Aceralia Basque)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45175 visits
The CNMC fines three steel companies €24 million for anti-competitive exchanges of information in the market for the purchase of scrap iron prohibited by Article 1 of the Spanish Competition Act and Article 101 TFEU. The CNMC has fined two infringements involving, on the one hand, informaton (...)

The Japanese FTC fines printing companies for bid rigging in a contract for the national ministry for pensions
Hungarian Competition Authority (Budapest)
Hungary 89 contributions 18228 visits
The JFTC issued cease and desist orders and surcharge payment orders against participants in bidding for specific data printing services ordered by the Japan Pension Service* Today, the Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) issued cease and desist orders and (...)

The Turkish Competition Authority clears automotive companies of allegations of stockpiling and sensitive competitive information exchange
ACTECON (Istanbul)
Turkey 17 contributions 2507 visits
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ACTECON (Istanbul)
Turkey 22 contributions 3419 visits
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ACTECON (Istanbul)
Turkey 6 contributions 352 visits
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Introduction The automotive sector has been on the radar of the Turkish Competition Authority (“TCA”) for a long time. In this sense, the TCA conducted an investigation (“Investigation”) regarding the allegations that some undertakings operating in the first-hand and second-hand automotive markets (...)

The French Competition Authority fines several companies for anticompetitive agreements in the waste collection and management sector (Ortec / Excoffier / Trigénium / TREDI)
French Competition Authority (Paris)
France 727 contributions 380655 visits
The Autorité fines several companies for anticompetitive agreements in the waste collection and management sector in Haute-Savoie* Background Following dawn raids and an investigation report sent by the Brigade interrégionale d’enquêtes de concurrence d’Auvergne Rhône-Alpes, the Autorité handed out (...)

The US District Court for the Eastern District of Michigan accepts a guilty plea by a German national for leading a parking heaters price fixing conspiracy (Espar / Hohensee)
US Department of Justice (Washington)
United States 163 contributions 68584 visits
Fugitive Executive Pleads Guilty in Parking Heaters Price-Fixing Conspiracy* A German national pleaded guilty in the Eastern District of Michigan to leading a price-fixing conspiracy from 2007 to 2012 and was sentenced to time served. Volker Hohensee, a German national and onetime Canadian (...)

The Hong Kong Competition Authority invites car owners and independent car repair workshops to provide information in its investigation into warranty terms and conditions
Hong Kong Competition Commission (Hong Kong)
Hong Kong 47 contributions 10042 visits
Competition Commission invites passenger car owners and independent car repair workshops to provide information in its investigation into warranty terms and conditions* The Competition Commission (“Commission”) is conducting an investigation under the Competition Ordinance (“Ordinance”) into (...)

The US Attorney General Merrick Garland and DoJ Criminal Division Assistant Attorney General Kenneth Polite Jr. address the DoJ’s increased commitment to investigating and prosecuting corporate crime
McDermott Will & Emery (Los Angeles)
United States 1 contribution 389 visits
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McDermott Will & Emery (Washington)
United States 8 contributions 4098 visits
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McDermott Will & Emery (Boston)
United States 1 contribution 389 visits
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In March 3, 2022, speeches at the American Bar Association’s Annual National Institute on White Collar Crime (ABA White Collar Institute), US Attorney General (AG) Merrick Garland and US Assistant Attorney General for the Criminal Division (AAG) Kenneth Polite Jr. addressed the US Department of (...)

The Polish Competition Authority finds that the exchange of information between pharmaceutical wholesalers may have restricted competition in the market and resulted in higher prices for consumers in pharmacies
Polish Competition Authority (Warsaw)
Poland 109 contributions 19928 visits
Data exchange between pharmaceutical wholesalers - charges presented by the President of UOKiK* The exchange of information between pharmaceutical wholesalers may have restricted competition in the market and resulted in higher prices for consumers in pharmacies. Through specialised IT tools, (...)

The EU Commission invites comments on its draft revised rules on horizontal cooperation agreements
Herbert Smith Freehills (Brussels)
Belgium 110 contributions 68863 visits
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Herbert Smith Freehills (Brussels)
Belgium 42 contributions 16373 visits
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Herbert Smith Freehills (London)
United Kingdom 56 contributions 20013 visits
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On 1 March 2022 the EU Commission published, for consultation, its draft revised rules on horizontal cooperation agreements. The rules consist of two horizontal block exemption Regulations (covering Research & Development agreements and Specialisation agreements) and Guidelines on the (...)

The EU Commission consults on draft guidance on sustainability agreements
Free University of Brussels (ULB)
Belgium 17 contributions 29226 visits
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Ashurst (Brussels)
Belgium 3 contributions 841 visits
On 1 March 2022, the European Commission ("Commission") published its draft revised Horizontal Block Exemption Regulations and Horizontal Guidelines, which include a new chapter on the assessment of sustainability agreements under competition law. The consultation is open until 26 April 2022. (...)

The EU Commission publishes for consultation two draft revised horizontal block exemption regulations on research & development and specialisation agreements, as well as draft revised horizontal cooperation guidelines
White & Case (Brussels)
Belgium 15 contributions 10348 visits
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White & Case (Düsseldorf)
France 32 contributions 12804 visits
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White & Case (Brussels)
Belgium 33 contributions 12272 visits
On 1 March 2022, the European Commission ("EC") published for consultation two draft revised horizontal block exemption regulations ("HBERs") on research & development ("R&D") and specialisation agreements, as well as draft revised horizontal cooperation guidelines ("Horizontal (...)

The EU Commission invites comments on draft revised rules on horizontal cooperation agreements between companies
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705543 visits
Antitrust: Commission invites comments on draft revised rules on horizontal cooperation agreements between companies* The European Commission has launched today a public consultation inviting all interested parties to comment on two draft revised Horizontal Block Exemption Regulations on (...)

The Italian Competition Authority fines three regional providers of public sector uniforms €36,000 for bid rigging (Galleria / Gim / Orsi)
Municipality of Cagliari
159 contributions 131192 visits
The Italian Competition Authority finds a bid rigging practice in the market for professional clothing* The Italian Competition Authority (ICA) has recently closed its antitrust enquiry opened in the Professional Work Wear case issuing an infringement decision. It found three suppliers of (...)

The Dutch Competition Authority investigates a possible cartel in the food processing sector
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33292 visits
ACM investigates possible cartel in the food processing sector* The Netherlands Authority for Consumers and Markets (ACM) is carrying out an investigation into a possible cartel in the food processing sector. As part of that investigation, ACM recently conducted dawn raids at several companies (...)

Unilateral Practices

 The 7th Ankara Administrative Court of first instance issues a decision which requires the Competition Authority to investigate allegations of denigration and deceptive practices by a dominant undertaking as potential competition concerns (EAE Elektrik)
ACTECON (Istanbul)
Turkey 12 contributions 4088 visits
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ACTECON (Istanbul)
Turkey 5 contributions 1712 visits
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ACTECON (Istanbul)
Turkey 9 contributions 2264 visits
In recent years, competition authorities around the world have been scrutinising new types of behaviour that might be deemed abusive within the context of antitrust laws. Although those relating to digital markets receive the most attention, not a day passes by without a surprising decision (...)

The UK Competition Authority publishes its decision to fine a pharmaceutical company £155M for excessive pricing and £111.5M for market exclusion agreements (Auden McKenzie / Actavis)
Toyota (Brussels)
Belgium 36 contributions 7544 visits
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Van Bael & Bellis (Brussels)
France 38 contributions 20740 visits
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Van Bael & Bellis (Brussels)
Belgium 23 contributions 24026 visits
On 31 March 2022, the CMA published one of its longest decisions (1077 pages), in which it imposed fines of £155 million on Accord-UK (previously Auden McKenzie/Actavis) for excessive price increases on hydrocortisone tablets after they were de-branded and fell outside the UK NHS price (...)

The Lithuanian Competition Authority terminates an investigation into suspected abuse of dominance in the waste management sector (Toksika)
Lithuanian Competition Authority (Vilnius)
Lithuania 100 contributions 19322 visits
Following amendment of service contract with customers by Toksika, Konkurencijos Taryba terminates investigation into suspected abuse of dominance* The Lithuanian competition authority has terminated an investigation into a suspected abuse of dominance by a hazardous waste management company (...)

The Italian Competition Authority fines ferry operator for excessive pricing (Caronte & Tourist)
Link Campus University (Rome)
Italy 5 contributions 3319 visits
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Cleary Gottlieb Steen & Hamilton (London)
United States 3 contributions 423 visits
The Italian Competition Authority (the “ICA”) fined ferry operator Caronte & Tourist (“C&T”) €3.7 million for having charged excessive prices on a ferry transportation route between Sicily and Calabria between 2017 and 2019 (the “Decision”). I. The investigation In July 2020, the ICA opened (...)

The Dutch Competition Authority assesses the adjusted proposal of a Big Tech company regarding its conditions for dating apps (Apple)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33292 visits
ACM to assess adjusted proposal of Apple regarding its conditions for dating apps* On Sunday, March 27, Apple adjusted its proposal concerning compliance with the requirements set by the Netherlands Authority for Consumers and Markets (ACM) under Dutch and European competition rules. ACM (...)

The Regional Administrative Court of Lazio annuls a decision to fine a online ticket seller €10.8M for abuse of dominance on the grounds that mergers cannot be considered abusive, thus declaring Continental Can inapplicable following the passing of the EUMR (TicketOne)
Van Bael & Bellis (Brussels)
Belgium 22 contributions 4263 visits
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Toyota (Brussels)
Belgium 36 contributions 7544 visits
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Van Bael & Bellis (Brussels)
Belgium 23 contributions 24026 visits
On 24 March 2022, an Italian administrative court (“TAR Lazio” or “court”) annulled the Italian Competition Authority (“ICA”) decision imposing a fine of €10.8 million on several companies belonging to the music ticketing and marketing group CTS Eventim-TicketOne (“TicketOne”) for abuse of its (...)

The UK Competition Authority fines a lighting supplier £1.5M for breaking competition law by restricting the level of discounts retailers could offer online (Dar Lighting)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
Dar Lighting fined after ignoring warnings on restricting discounts* The CMA has fined Dar Lighting Ltd £1.5 million for breaking competition law by restricting the level of discounts retailers could offer online. The lighting supplier failed to take sufficient action after 2 written warnings (...)

The UK Competition Authority fines a lighting products supplier £1.5M for engaging in resale price maintenance (Dar Lighting)
DWF (Manchester)
France 1 contribution 14 visits
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DWF (London)
2 contributions 3363 visits
The CMA has fined Dar Lighting Limited £1.5M for engaging in resale price maintenance. In this article we explore this case, which serve as a useful reminder that businesses can still fall foul of competition law even in the absence of direct anti-competitive provisions. Background The UK (...)

The Australian Competition Authority takes action against alleged misleading conduct by a Big Tech company for publishing crypto ads on social media (Meta)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78246 visits
ACCC takes action over alleged misleading conduct by Meta for publishing scam celebrity crypto ads on Facebook* The ACCC has instituted Federal Court proceedings against Facebook owner Meta Platforms, Inc. and Meta Platforms Ireland Limited (together: Meta) alleging that they engaged in (...)

The Slovak Competition Authority imposes a fine of €58, 000 on an undertaking for abuse of dominant position in the market for collective rights management
Slovak Competition Authority (Bratislava)
Slovakia 53 contributions 5152 visits
ABUSE OF DOMINANT POSITION: AMO SR imposed an almost 58 thousand euros fine for the abuse of dominant position in collective rights management* The conduct of undertaking concerned by decision was anti-competitive. On 23 February 2022 the Antimonopoly Office of the Slovak Republic, the (...)

The Australian Competition Authority accepts a court-enforceable undertaking from a racing company after raising competition concerns relating to speedway racing in Victoria (Speedway Australia)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78246 visits
Speedway Australia undertakes to address competition concerns involving sprintcar tracks* The ACCC has accepted a court-enforceable undertaking from N.A.S.R. Incorporated, trading as Speedway Australia, after the ACCC raised competition concerns relating to speedway racing in Victoria. The (...)

The Paris Court of Appeal rules that a Big Tech firm did not abruptly terminate a contract with an advertising partner because the termination was objectively justified and a legitimate exercise of commercial freedom (Ulysse / Google)
McDermott Will & Emery (Paris)
France 122 contributions 63550 visits
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McDermott Will & Emery (Paris)
France 20 contributions 6285 visits
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McDermott Will & Emery (Paris)
France 21 contributions 3540 visits
On March 11, 2022, the Paris Court of Appeals overturned in its entirety a May 31, 2019 judgment of the Paris Commercial Court, which had ordered Google to compensate an advertiser, Ulysse Service (’Ulysse’), for the abrupt termination of established commercial relationships. In this case, the (...)

The Croatian High Administrative Court strikes out a claim by a food wholesaler which sought to overturn a fine for the implementation of unfair trade practices (Kaufland Hrvatska)
Croatian Competition Agency (Zagreb)
Croatia 117 contributions 18521 visits
UTPS: ANOTHER LEGALLY VALID DECISION: HIGH ADMINISTRATIVE COURT DISMISSES APPEAL OF RE-SELLER KAUFLAND* The High Administrative Court of the Republic of Croatia dismissed the appeal of the re-seller Kaufland Hrvatska k.d. from Zagreb and upheld the ruling of the Administrative Court in Zagreb (...)

The Paris Court of Appeal rejects a damage claim based on an abuse of dominant position without definition of the relevant market (Schneider Electric)
Kramer Levin Naftalis & Frankel (Paris)
France 3 contributions 698 visits
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Kramer Levin Naftalis & Frankel (Paris)
France 2 contributions 89 visits
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Kramer Levin Naftalis & Frankel (Paris)
France 2 contributions 89 visits
In a decision dated March 9, 2022 (No. 19/19747), the Paris Court of Appeal ruled on a competition damage claim action for abuse of dominant position brought against Schneider Electric France and Schneider Electric SA by a company specializing in the installation, maintenance and repair of all (...)

The German Competition Authority finds the 2023 fuel supply and distribution licenses award model of a concession company compatible with competition law (Tank & Rast)
German Competition Authority (Bonn)
Germany 435 contributions 110423 visits
Fuel sales at motorway petrol stations - Tank & Rast’s new award model does not violate competition law* The Bundeskartellamt has no serious competition concerns about plans by Tank & Rast GmbH, Bonn for the award of fuel supply and distribution licences for motorway petrol stations for (...)

The US DoJ declares that it is prepared to bring criminal charges against individuals who violate the prohibition on market monopolization
Hogan Lovells (Washington)
United States 6 contributions 2747 visits
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Hogan Lovells (Washington)
United States 10 contributions 3475 visits
In remarks made during a panel discussion at the ABA’s National Institute on White Collar Crime on 2 March, Antitrust Division Deputy Assistant Attorney General Richard Powers said that the Department of Justice Antitrust Division (the Division) is prepared to bring criminal charges against (...)

Mergers

 The Rotterdam District Court rules on an appeal against the Competition Authority’s merger clearance decision and finds that merger control rules do not aim to protect competitors on the market potentially affected by the establishment of a joint venture (T-Mobile)
Bird & Bird (The Hague)
Netherlands 34 contributions 8380 visits
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Bird & Bird (The Hague)
Netherlands 7 contributions 4181 visits
Summary On 31 March 2022, the Rotterdam District Court ruled on an appeal lodged by T-Mobile Netherlands against a merger clearance decision by the Dutch Authority for Consumers and Markets (ACM) of 12 May 2021 that KPN and APG did not require a licence for the creation of a concentration (the (...)

The New Zealand Competition Authority clears a merger between two distributors of medical equipment and consumables to hospitals and medical professionals (EBOS Medical Devices / LifeHealthcare)
New Zealand Commerce Commission (Wellington)
New Zealand 149 contributions 21564 visits
EBOS cleared to acquire the New Zealand LifeHealthcare business* The Commerce Commission has granted clearance to EBOS Medical Devices Australia Pty Limited (EBOS) in relation to its proposed acquisition of the New Zealand LifeHealthcare business. Both EBOS and LifeHealthcare are (...)

The EU Commission refers to the French Competition Authority the examination of the effects of an acquisition of control in the pharmaceutical distribution sector (McKesson / Phoenix)
French Competition Authority (Paris)
France 727 contributions 380655 visits
The European Commission refers to the Autorité de la concurrence the examination of the effects in France of the acquisition of control of McKesson Europe by the Phoenix Group* The European Commission refers to the Autorité de la concurrence the examination of the effects in France of the (...)

The EU Commission partially refers an acquisition in the pharmaceutical sector to the French Competition authority and unconditionally clears the proposed merger outside France (McKesson / Phoenix)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705543 visits
Mergers: Commission partially refers acquisition of a part of McKesson by Phoenix to France’s competition authority and clears proposed merger outside France* The European Commission has partially referred the proposed acquisition of a part of McKesson by Phoenix to the French competition (...)

The UK Competition Authority announces unconditional clearance at phase 1 of the merger between two dairy processing companies on account of failing firm defence (Freshways / Medina)
Travers Smith (London)
United Kingdom 1 contribution 22 visits
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Travers Smith (London)
United Kingdom 1 contribution 22 visits
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Travers Smith (London)
United Kingdom 1 contribution 22 visits
Overview At the end of March 2022, the UK Competition and Markets Authority (CMA) announced the unconditional clearance at Phase 1 of Freshways group’s (Freshways) acquisition of the Medina group (Medina). This dairy processing and products merger provides a rare example of a deal being (...)

The Slovak Competition Authority approves a merger between two life insurance companies (NN Group / Finportal)
Slovak Competition Authority (Bratislava)
Slovakia 53 contributions 5152 visits
MERGERS: AMO SR approved the merger of undertakings NN Group N.V. and Finportal, a.s.* The merger is grounded in the acquisition of exclusive control of undertaking NN Group N.V. over the company Finportal, a.s. On 30 March 2022 the Antimonopoly Office of the Slovak Republic, the Division of (...)

The German Competition Authority clears merger between two regional hospitals (Sankt Elisabeth Hospital / Katholische Hospitalvereinigung Ostwestfalen)
German Competition Authority (Bonn)
Germany 435 contributions 110423 visits
Bundeskartellamt clears merger between Catholic hospitals in Bielefeld and Gütersloh* The Bundeskartellamt has cleared the acquisition of Sankt Elisabeth Hospital GmbH in Gütersloh by Katholische Hospitalvereinigung Ostwestfalen GmbH based in the neighbouring city of Bielefeld. Both hospital (...)

The US DoJ announces withdrawal of shipping equipment giants merger after it refused their settlement proposal and threatened to sue them (Cargotec / Konecranes)
US Department of Justice (Washington)
United States 163 contributions 68584 visits
Shipping Equipment Giants Cargotec and Konecranes Abandon Merger After Justice Department Threatens to Sue* Deal Would Have Eliminated Competition for Shipping Container Handling Equipment and Harmed the Global Supply Chain Cargotec Corporation (Cargotec) confirmed today that it has abandoned (...)

The UK Competition Authority blocks the merger of two companies offering container handling equipment and services to port terminals following a phase II investigation (Cargotec / Konecranes)
Van Bael & Bellis (London)
16 contributions 3382 visits
,
Van Bael & Bellis (London)
10 contributions 1924 visits
Introduction On 29 March 2022, the UK Competition and Markets Authority (“CMA”) announced that – following an in-depth, Phase 2 investigation – it had prohibited the proposed merger between Cargotec and Konecranes. The CMA noted that it was not satisfied with the remedies package proposed by the (...)

The UK Competition Authority blocks the proposed merger between two industrials after its in-depth investigation identified substantial competition concerns (Cargotec / Konecranes)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
CMA blocks planned Cargotec / Konecranes merger* The CMA has blocked the proposed merger between Cargotec and Konecranes after its in-depth investigation identified substantial competition concerns. Cargotec and Konecranes both offer a range of container handling equipment and services to (...)

The UK Competition Authority and US DoJ block the merger of two Finnish suppliers of equipment to port operators and reject the remedies offered by the parties (Cargotec / Konecranes)
Morrison & Foerster (Washington)
United States 2 contributions 781 visits
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Morrison & Foerster (London)
United Kingdom 4 contributions 1986 visits
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Morrison & Foerster (Brussels)
Belgium 1 contribution 643 visits
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Cargotec/Konecranes: Failed shipping equipment merger illustrates aggressive UK/U.S. enforcement and increased skepticism of remedies* On March 29, 2022, global container handling equipment providers [Cargotec and Konecranes] abandoned their proposed $5 billion merger after the United Kingdom (...)

The Belgian Competition Authority approves conditionally the joint acquisition by two media companies of six other media companies (DPG Media / Rossel & Cie / RTL Belgium / Audiopresse / New Contact / Radio H...)
Belgian Competition Authority (Brussels)
Belgium 95 contributions 21361 visits
The Competition College has approved conditionally the acquisition by DPG Media NV and Rossel & Cie SA of joint control of RTL Belgium SA, Audiopresse SA, New Contact SA, Radio H SA, RTL BELux SA and RTL BELux SA & Cie SECS, and indirectly of all shares of their subsidiaries* The (...)

The German Competition Authority unconditionally clears an agricultural wholesaler’s acquisition of joint control of a private agricultural trading company (BAT / Rudolf Peters)
German Competition Authority (Bonn)
Germany 435 contributions 110423 visits
Proposed merger in the agricultural trade: Bundeskartellamt clears BAT’s acquisition of joint control of Rudolf Peters* In the agricultural trading sector, the Bundeskartellamt has cleared the increase in the number of shares held by BAT Agrar GmbH in Rudolf Peters Landhandel GmbH & Co. KG (...)

The German Competition Authority approves a merger between an agricultural retail trading company and an agricultural wholesale company (BAT Agrar / Rudolf Peters Landhandel)
German Competition Authority (Bonn)
Germany 435 contributions 110423 visits
Proposed merger in the agricultural trade: Bundeskartellamt clears BAT’s acquisition of joint control of Rudolf Peters* Bonn, 28 March 2022: In the agricultural trading sector, the Bundeskartellamt has cleared the increase in the number of shares held by BAT Agrar GmbH in Rudolf Peters (...)

The Canadian Competition Authority announces annual increase of filing fees for merger reviews
Canadian Competition Bureau (Gatineau)
Canada 65 contributions 9254 visits
2022 Adjustment to filing fees for Competition Bureau merger reviews will come into effect on April 1* The Competition Bureau announced today that the filing fee for merger reviews is set to increase from $74,905.57 to $77,452.36 pursuant to a required annual adjustment set out in the Service (...)

The Latvian Competition Authority approves a merger between a subsidiary and a parent company active in the grain processing industry (Dobeles dzirnavnieks / Rīgas Dzirnavnieks)
Latvian Competition Council (Riga)
Latvia 117 contributions 22716 visits
The CC allows JSC “Dobeles dzirnavnieks” to merge with the parent company of JSC “Rīgas Dzirnavnieks”* On March 4, the Competition Council (the CC) decided to allow JSC “Dobeles dzirnavnieks” to acquire the Lithuanian grain processing company AB “Baltic Mill”, which owns several grain processing and (...)

The US FTC requires the divestiture of an energy producer’s entire business and assets in Utah prior to its acquisition by a private equity fund (EnCap / EP Energy)
US Federal Trade Commission (FTC) (Washington)
United States 155 contributions 37911 visits
FTC Requires ENCAP to Sell Off EP Energy Corp.’s Entire Utah Oil Business amid Concerns that Deal would Increase Pain at the Pump* Agency Seeks to Prevent Private Equity Fund from Eliminating Significant Competitor in Utah Waxy Crude Oil The Federal Trade Commission will require the (...)

The Australian Competition Authority unconditionally clears the merger of a distributor of medical devices and a distributor of medical products (Pacific Health Group / EBOS)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78246 visits
EBOS’ proposed acquisition of Pacific Health Group not opposed* The ACCC will not oppose the proposed acquisition of Australian Pacific Health Supplies TopCo1 Pty Limited and its subsidiaries (Pacific Health Group) by EBOS Group Limited (ASX: EBO), through its subsidiary EBOS Medical Devices (...)

The Hellenic Competition Authority clears the proposed acquisition of the payment card acceptance unit of two financial services companies based on compatibility with competition in the market for card payment systems (Alpha Bank / Nexi)
Hellenic Competition Commission (Athens)
Greece 115 contributions 15849 visits
Clearance of the proposed acquisition of sole control, over the Merchant Acquiring Business Unit of Alpha Bank SA by Nexi SpA* Subject: Approval of the notification of acquisition of sole control, by Nexi SpA on the Merchant Acquiring Business Unit of Alpha Bank SA according to article 6 par. (...)

The UK Competition Authority finds that an acquisition of the largest independent operator of petrol stations by a major retail chain could lead to higher fuel prices in 121 locations across the country (CD&R / Morrisons)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
Morrisons purchase raises competition concerns over fuel * CMA finds CD&R’s acquisition of Morrisons could lead to higher fuel prices in 121 locations across the country where both firms own forecourts. In January, the Competition and Markets Authority (CMA) opened its investigation into (...)

The Hellenic Competition Authority issues statement of objections following the proposed acquisition of 4 food product companies by an online food delivery company (Delivery Hero / Alfa Distributions / Inkat / Delivery.gr / E-table)
Hellenic Competition Commission (Athens)
Greece 115 contributions 15849 visits
Statement of Objections following the proposed acquisition by DELIVERY HERO SE Subject: Statement of Objections following the proposed acquisition by "DELIVERY HERO SE" over companies "ALPHA DISTRIBUTIONS SA", "INKAT SA", "DELIVERY IKE" and "E-TABLE IKE" under Greek merger control rules. The (...)

The Italian Regional Administrative Court of Lazio rules that completed mergers cannot be considered part of an abuse of dominance strategy (TicketOne)
Cleary Gottlieb Steen & Hamilton (Rome)
Italy 8 contributions 8671 visits
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Cleary Gottlieb Steen & Hamilton (Rome)
Italy 1 contribution 182 visits
A Completed Merger Cannot Be Considered as Part of an Abusive Strategy in the Framework of a Later Article 102 Decision* The Regional Administrative Court of Lazio, Italy (the “TAR Lazio”), annulled a decision by which in 2020 the Italian Competition Authority (the “ICA”) had imposed a fine on CTS (...)

The Norwegian Court of Appeal in Gulating overrules the Competition Tribunal and allows the acquisition between two online car auction companies (Schibsted / Nettbil)
Norwegian Competition Authority (Bergen)
Norway 31 contributions 3743 visits
The Court of Appeal allows Schibsted to acquire Nettbil* The Gulating Court of Appeal has today repealed the decision of the Competition Tribunal of 27 May 2021. The Court does not agree with the Norwegian Competition Authority that Schibsted’s acquisition of Nettbil would significantly impede (...)

The US FTC publishes a statement by the Competition Deputy Director John M. Newman on the Federal Appeals Court ruling affirming a preliminary injunction to halt the merger of New Jersey hospital networks (Hackensack Meridian / Englewood Healthcare)
US Federal Trade Commission (FTC) (Washington)
United States 155 contributions 37911 visits
Statement of Federal Trade Commission Bureau of Competition Deputy Director John M. Newman on Federal Appeals Court Ruling Affirming Preliminary Injunction to Halt Merger of New Jersey Hospital Networks* Federal Trade Commission Bureau of Competition Deputy Director John M. Newman issued this (...)

The US Court of Appeals for the Third Circuit upholds a district court decision granting a preliminary injunction against an acquisition in the health sector (Hackensack Meridian / Englewood Healthcare)
Cleary Gottlieb Steen & Hamilton (Washington)
United States 12 contributions 23150 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
United States 1 contribution 427 visits
On March 22, 2022, the Third Circuit upheld a district court decision granting a preliminary injunction against Hackensack Meridian Health’s plan to acquire Englewood Healthcare, pending the outcome of an administrative trial by the Federal Trade Commission. The decision aligns with the FTC’s (...)

The French Competition Authority unconditionally clears the merger between a retail store and a clearance store chain (Stokomani / Zouari)
French Competition Authority (Paris)
France 727 contributions 380655 visits
The Autorité clears the takeover of Stokomani group by the Zouari family* The Autorité de la concurrence clears the takeover by the Zouari family of the Stokomani group (bazaar and decoration products). On 23 February 2022, the Zouari family notified the Autorité of its plan to take exclusive (...)

The German Competition Authority clears a merger between a US chip manufacturer and a software division of a Swedish automotive supplier (Qualcomm / Veoneer)
German Competition Authority (Bonn)
Germany 435 contributions 110423 visits
Chips and perception software in driver assistance systems: Qualcomm can take over Veoneer’s Arriver business* The Bundeskartellamt has today cleared plans by the US chip manufacturer Qualcomm Incorporated to take over the software division of the Swedish automotive supplier Veoneer Inc. In (...)

The Turkish Competition Authority considers in its final examination the acquisition of cement and concrete companies by a cement manufacturer (Kayseri Cement Factory / Niğde Cement Factory / Ankara Grinding Facility / Malatya Packaging Facility / Çimko Çimento)
Turkish Competition Authority (Ankara)
Turkey 25 contributions 2781 visits
The application concerning the acquisition of Kayseri Cement Factory, Niğde Cement Factory, Ankara Grinding Facility, Malatya Packaging Facility and the assets of Ambar, Nevşehir, Aksaray, Kahramanmaraş, Ereğli, Başakpınar and Cırgalan Ready-Mixed Concrete Facilities within the body of Çimsa Çimento (...)

The Australian Competition Authority decides that it will not pursue an enforcement action in relation to the merger between a logistics company and a cargo port operator (Qube Logistics / Newcastle Agri Terminal)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78246 visits
ACCC to monitor effect of Qube’s acquisition of Newcastle Agri Terminal* The ACCC has decided it will not pursue enforcement action in relation to Qube’s (ASX:QUB) completed acquisition of Newcastle Agri Terminal (NAT) at this time. However, the ACCC remains concerned with potential impacts on (...)

The French Competition Authority begins an in-depth investigation into the merger of two media companies (TF1 / M6)
French Competition Authority (Paris)
France 727 contributions 380655 visits
TF1/M6: the Autorité de la concurrence opens an in-depth examination* Following a pre-notification phase, the Bouygues group notified the Autorité de la concurrence of its planned acquisition of the Métropole Télévision group on 17 February 2022. The Bouygues group The Bouygues group (“Bouygues”) (...)

The Hellenic Competition Authority approves the acquisition of 4 food service companies by an online delivery company (Delivery Hero / Alfa Distributions / Inkat / Delivery.gr / E-table)
Hellenic Competition Commission (Athens)
Greece 115 contributions 15849 visits
The HCC approves Delivery Hero’s acquisition of four companies subject to commitments*. Subject: Decision No. 775/2022 – approval of Delivery Hero’s acquisition of companies Alpha Distributions SA, Inkat SA, Delivery.gr Single Member P.C. and E-Table Single Member P.C., subject to commitments. (...)

The UK Competition Authority opens an in-depth phase investigation into the merger of 2 auction service providers for heavy construction machinery (Ritchie Bros / Euro Auctions)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
Ritchie Bros and Euro Auctions deal referred for an in-depth investigation* The CMA has referred Ritchie Bros’ planned purchase of Euro Auctions for an in-depth Phase 2 investigation, after finding competition concerns. Ritchie Bros and Euro Auctions are both auction service providers for (...)

The US DoJ sues to block the acquisition that would combine the 2 largest producers of pebbled FRP wall panels (Verzatec / Crane)
US Department of Justice (Washington)
United States 163 contributions 68584 visits
Justice Department Sues to Block Verzatec’s Proposed Acquisition of Crane* Acquisition Would Combine the Two Largest Producers of Pebbled FRP Wall Panels, Allowing Verzatec to Eliminate its Rival, Monopolize the Market and Harm American Businesses The Department of Justice filed a civil (...)

The UK Competition Authority provisionally confirms in a Phase II investigation that a merger between two helicopter services companies raises competition concerns (CHC / Babcock)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
Helicopter services deal raises competition concerns* The CMA has provisionally found that CHC’s purchase of Babcock’s oil and gas offshore helicopter transportation services business raises competition concerns. Following an in-depth Phase 2 investigation of this completed acquisition, the (...)

The Dutch Competition Authority fines the Dutch trade association for pharmacies for failure of notification on the acquisition of four pharmacies
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 201 contributions 33292 visits
ACM fines Dutch trade association for pharmacies for failing to notify ACM of acquisition of four pharmacies* The Netherlands Authority for Consumers and Markets (ACM) has imposed a fine of 350,000 euros on VNA, the Dutch trade association for pharmacies, for failing to notify ACM on time of (...)

The Hellenic Competition Authority approves the merger between two major energy companies (Siemens Energy / Siemens Electrotechnical)
Hellenic Competition Commission (Athens)
Greece 115 contributions 15849 visits
Approval of the notified merger concerning the acquisition by the company SIEMENS ENERGY AG* Subject: Approval of the notified merger, according to articles 5-10 of Law 3959/2011, concerning the acquisition by the company under the name "SIEMENS ENERGY AG" of sole control over the Greek Energy (...)

The Hellenic Competition Authority clears the proposed merger between two natural gas transmission companies (Depa Infrastructure / Italgas)
Hellenic Competition Commission (Athens)
Greece 115 contributions 15849 visits
Clearance of the proposed acquisition of sole control over DEPA INFRASTRUCTURE SA* Subject: Approval of the notification of acquisition of sole control, by "ITALGAS NEWCO S.R.L", 100% subsidiary of "ITALGAS S.P.A." on company "DEPA INFRASTRUCTURE Sa" and through it, its three subsidiaries, (...)

The Norwegian Competition Tribunal repeals the Competition Authority’s block on a merger between two mutual fund companies (DNB / Sbanken)
Norwegian Competition Authority (Bergen)
Norway 31 contributions 3743 visits
The Competition Appeals Tribunal repeals the Norwegian Competition Authority’s block of DNB’s acquisition of Sbanken* The Competition Appeals Tribunal today repealed the Norwegian Competition Authority’s decision against DNB’s acquisition of Sbanken. – We will now take a careful look at the (...)

The UK Competition Authority unconditionally clears a Phase II merger between a major record label and an "artist and label" services provider (AWAL / Sony)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
CMA clears Sony’s acquisition of AWAL* The CMA has cleared Sony’s acquisition of AWAL, an ‘artist and label’ (A&L) services provider, following an in-depth merger inquiry. The Competition and Markets Authority (CMA) referred the merger to an in-depth Phase 2 inquiry in September 2021, after (...)

The UK Competition Authority finds an acquisition deal between two major cyber security companies could reduce competition in cyber safety software options (Avast / NortonLifeLock)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
CMA finds NortonLifeLock purchase of Avast could reduce competition* The CMA has found that NortonLifeLock’s approximately £6bn purchase of Avast raises competition concerns and may now be referred for an in-depth investigation. NortonLifeLock and Avast both offer cyber safety software to (...)

The EU Commission unconditionally approves the merger between a major US online retail platform with audiovisual content and Hollywood film production company (Amazon / MGM)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705543 visits
Mergers: Commission approves acquisition of MGM by Amazon* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of MGM Holdings Inc. (‘MGM’) by Amazon.com Inc (‘Amazon’). The Commission concluded that the transaction would raise no (...)

The US DoJ and FTC extend the deadline for public comment on ways to strengthen enforcement against illegal mergers
US Department of Justice (Washington)
United States 163 contributions 68584 visits
Justice Department and FTC Extend Deadline for Public Comment on Ways to Strengthen Enforcement Against Illegal Mergers* Today, the Department of Justice and Federal Trade Commission (FTC) are extending by one month the deadline to submit comments as part of the enforcement agencies’ process to (...)

The New Zealand Competition Authority publishes Statement of Issues on merger between two tourism companies (THL / Apollo)
New Zealand Commerce Commission (Wellington)
New Zealand 149 contributions 21564 visits
Statement of Issues released for proposed THL/Apollo merger The Commerce Commission has published a statement of issues relating to an application from THL Group (Australia) Pty Ltd, a subsidiary of Tourism Holdings Limited, seeking clearance to acquire 100% of the shares in Apollo Tourism (...)

The US DoJ and FTC announce a joint spring enforcers summit to discuss modernizing merger guidelines and interagency collaboration
US Department of Justice (Washington)
United States 163 contributions 68584 visits
Justice Department and Federal Trade Commission to Hold Joint Spring Enforcers Summit* The Justice Department’s Antitrust Division and the Federal Trade Commission (FTC) will cohost a Spring Enforcers Summit on April 4. Assistant Attorney General Jonathan Kanter and FTC Chair Lina M. Khan, as (...)

The Turkish Competition Authority publishes amendments to the Horizontal Guidelines and Non-Horizontal Guidelines
Turkish Competition Authority (Ankara)
Turkey 25 contributions 2781 visits
Amendments related to the Communique Concerning Mergers and Acquisitions: Calling for the Authorization of the Competition Board and the Guidelines related to the Assessment of Mergers and Acquisitions (9.3.2022)* The Communiqué no 2010/4 Concerning the Mergers and Acquisitions Calling for the (...)

The New Zealand Competition Authority releases a statement of unresolved issues on a proposed acquisition of an animal health research company by the world’s biggest animal drug manufacturer (Zoetis / Jurox)
New Zealand Commerce Commission (Wellington)
New Zealand 149 contributions 21564 visits
Statement of Unresolved Issues released for proposed acquisition of Jurox by Zoetis* The Commerce Commission has published a Statement of Unresolved Issues relating to the application from Zoetis Inc. seeking clearance to acquire Betrola Pty Limited. Betrola owns the Jurox group of companies. (...)

The Indian Competition Authority fines a renewable energy firm for gun-jumping (Adani Green / SB Energy)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 7970 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 9761 visits
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Agriya - Chambers of Law (New Delhi)
India 76 contributions 6756 visits
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Adani Greens Energy Limited (“Adani Green/Acquirer”) was served with a show cause notice (“SCN”) on 14 August 2021 in relation to its acquisition of S.B. Energy Holding Limited (“S.B. Energy/Target”) (“Combination”). The notice for the Combination was filed on 18 May 2021, pursuant to the execution of (...)

The Indian Competition Authority fines a renewable energy firm a nominal sum for gun jumping in a first-of-its-kind decision (Adani Green / SB Energy)
Khaitan (Mumbai)
India 5 contributions 987 visits
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1 contribution 487 visits
In its order dated 9 March 2022, the Competition Commission of India (“CCI”) penalized Adani Green Energy Limited (“Adani Green”) for gun jumping in connection with its acquisition of S.B. Energy Holding Limited (“SB Energy” / “Target”). Per the CCI, the central issue was of Adani Green gaining access (...)

The New Zealand Competition Authority receives merger clearance notification for the merger between two cold storage service companies (Lineage Logistics / Cold Storage Nelson)
New Zealand Commerce Commission (Wellington)
New Zealand 149 contributions 21564 visits
Lineage Logistics seeks clearance to acquire Cold Storage Nelson* The Commerce Commission has received a clearance application from Lineage Logistics New Zealand (Lineage) in relation to its proposed acquisition of Cold Storage Nelson Limited (CSN). Lineage and CSN both supply cold storage (...)

The Romanian Competition Authority approves the takeover of active assets of a steel production company by an alloy production company (COS Targoviste / AFV Acciaierie)
Romanian Competition Council (Bucharest)
Romania 138 contributions 24578 visits
The Competition council approved the taking over of active assets of COS Târgoviște by AFV ACCIAIERIE BELTRAME SPA, Italia* The Competition Council approved the transaction by which AFV Acciaierie Beltrame SpA, Italy, takes over the functional assets related to the production of steel and long (...)

The German Competition Authority clears a merger between two international pharmaceutical companies working with human blood plasma (Biotest / Grifols)
German Competition Authority (Bonn)
Germany 435 contributions 110423 visits
Vital medication based on blood plasma: Bundeskartellamt clears acquisition of Biotest by Grifols* The Bundeskartellamt has permitted the international pharmaceutical company Grifols AS based in Spain to acquire Biotest AG based in Dreieich (Hesse). Biotest is a globally active pharmaceutical (...)

The Austrian Competition Authority appeals against the decision of the Cartel Court granting conditional merger approval for a merger between a Big Tech company and a GIF library (Meta / Giphy)
Austrian Competition Authority (Vienna)
Austria 55 contributions 6089 visits
Meta (Facebook)/Giphy merger: AFCA appealing against conditional clearance* On 17 August 2021, the Austrian Federal Competition Authority (AFCA) filed a request with the Cartel Court (Z-5549) for an in-depth examination of the merger due to competition concerns (Phase II). The Cartel Court (...)

The Turkish Competition Authority publishes a Communiqué which amends the turnover thresholds required for merger notification
ACTECON (Istanbul)
Turkey 26 contributions 9294 visits
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ACTECON (Istanbul)
Turkey 22 contributions 3419 visits
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ACTECON (Istanbul)
Turkey 17 contributions 2507 visits
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On 04.03.2022, important amendments/additions have been introduced to the Communiqué Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board (“Communiqué No. 2010/4”). With this article, it is aimed to summarize these latest amendments in the Communiqué No. (...)

The Turkish Competition Authority amends the Communiqué on mergers by updating the turnover thresholds and changing the notification form and procedure
White & Case (Istanbul)
Turkey 1 contribution 629 visits
Turkish Competition Authority (the "TCA") has amended the Communiqué No. 2010/4 on Mergers and Acquisitions Subject to the Approval of the Competition Board (the "Merger Communiqué") through the Communiqué No. 2022/2 (the "Amendment") on March 4, 2022. In addition to updating the turnover (...)

The Turkish Competition Authority gears up to raise the jurisdictional turnover thresholds and to introduce specific rules to catch killer acquisitions
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 163 contributions 75522 visits
Communiqué No. 2022/2 on the Amendment of Communiqué No. 2010/4 (“ Communiqué No. 2010/4 ”) on the Mergers and Acquisitions Subject to the Approval of the Competition Board (“ Amendment Communiqué ”) has been published on the Official Gazette on March 4, 2022 and will enter into force on May 4, 2022. (...)

The US FTC approves a final order imposing divestitures and protecting retail fuel customers following the acquisition of 27 retail gasoline and diesel outlets (Global Partners / Richard Wiehl)
US Federal Trade Commission (FTC) (Washington)
United States 155 contributions 37911 visits
Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Global Partners LP’s acquisition of 27 retail gasoline and diesel outlets owned or operated by Richard Wiehl violates federal antitrust laws. Under the terms of the final settlement, (...)

The UK Competition Authority clears a merger, following an in-depth investigation, between an independent supplier of telecommunications infrastructure and a multinational conglomerate’s passive UK telecoms infrastructure (Cellnex / CK Hutchison)
UK Competition & Markets Authority - CMA (London)
United Kingdom 363 contributions 90676 visits
Tower site sale to address concerns in telecoms merger* Cellnex must sell over 1,000 telecoms tower sites to address competition concerns over its purchase of CK Hutchison’s UK towers. The decision by the Competition and Markets Authority (CMA) comes after an in-depth Phase 2 investigation (...)

The Australian Competition Authority authorizes a merger between two companies specialized in travel management services as it is unlikely to result in a substantial lessening of competition (Helloworld / CTM)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78246 visits
CTM’s proposed acquisition of Helloworld Corporate not opposed* The ACCC will not oppose the proposed acquisition of Helloworld Travel Limited’s (ASX: HLO) corporate travel management division (Helloworld Corporate) by Corporate Travel Management Limited, known as CTM (ASX: CTD). CTM and (...)

The Fijian Competition Authority approves the acquisition of an undertaking in the telecommunications market (Digicel / Telstra)
Fijian Competition & Consumer Commission - FCCC (Suva)
Fiji 10 contributions 365 visits
FCCC Approves Acquisition of Digicel Fiji (Pte) Limited by Telstra Corporation Limited* The Fijian Competition and Consumer Commission (FCCC) has given its final approval for the indirect acquisition of Digicel Fiji (Pte) Limited (Digicel Fiji) by Telstra Corporation Limited (Telstra). FCCC (...)

The US FTC publishes a statement regarding the termination of an attempted merger of two healthcare providers (Lifespan / Care New England)
US Federal Trade Commission (FTC) (Washington)
United States 155 contributions 37911 visits
Statement Regarding Termination of Attempted Merger of Rhode Island’s Two Largest Healthcare Providers* In response to the announcement that Lifespan Corp. (“Lifespan”) and Care New England Health System (“Care New England”) have terminated their proposed merger, FTC Bureau of Competition Director (...)

The Spanish Competition Authority unconditionally clears a pharmaceutical merger despite significant horizontal overlaps because in the given market potential supply problems are external to the market competitors (Grifols / Biotest)
Spanish Competition Authority (CNMC) (Madrid)
Spain 127 contributions 28108 visits
Grifols, SA acquires exclusive control of Biotest AG.* On 2 March 2022, the CNMC authorised Grifols, S.A. to acquire indirect exclusive control of Biotest AG in phase one. Grifols is a Spanish company involved in the research, development, manufacturing, marketing, and distribution of (...)

The Canadian Competition Authority announces review of the acquisitions transaction between two airline comapanies (Sunwing Airlines / Sunwing Vacations / Westjet Group)
Canadian Competition Bureau (Gatineau)
Canada 65 contributions 9254 visits
Competition Bureau will review the proposed acquisition of Sunwing by WestJet* The Competition Bureau acknowledges today’s announcement of the proposed acquisition of Sunwing Airlines Inc. and Sunwing Vacations Inc. by the WestJet Group. The Bureau will review the proposed transaction. Under (...)

The German Competition Authority clears the acquisition of 58 stores by a hypermarket chain subject to a management buyout (Real / Dr Tischendorf)
German Competition Authority (Bonn)
Germany 435 contributions 110423 visits
Bundeskartellamt clears acquisition and further operation of 58 “Real” stores – purchasing agreement to be reviewed separately* The Bundeskartellamt has today cleared under merger control the acquisition of 58 more “Real” stores by real Beteiligungs- und Service GmbH, Frankfurt am Main, from SCP (...)

The Mexican Competition Authority sanctions 3 companies in the auto parts industry for failure to file merger notifications (IAC Holdco /GCM / Franklin)
Mexican Competition Authority (Mexico City)
Mexico 130 contributions 25029 visits
Cofece sanctions IAC Holdco, GCM and Franklin, companies that participate in the market for auto parts, for not notifying two concentrations* The Commission imposed fines that amount more than 9 million 98 thousand Mexican pesos Mexico City, March 02, 2022.- The Board of the Federal Economic (...)

The New Zealand Competition Authority receives merger clearance notification for merger between two water filtration companies (Zenith Water / Waterlogic)
New Zealand Commerce Commission (Wellington)
New Zealand 149 contributions 21564 visits
Clearance sought for Zenith Water / Waterlogic merger* The Commerce Commission has received a clearance application from Osmosis Buyer Limited (Osmosis) to acquire Firewall Holdings S.À R.L (Firewall) as part of a global transaction. Osmosis’ New Zealand subsidiary, Zenith Heaters Limited (...)

The Croatian Competition Authority allows the implementation of exceptional circumstances steps in the merger between two financial institutions due to the extent of the economic sanctions against Russia (Hrvatska poštanska banka / Sberbank Hrvatska)
Croatian Competition Agency (Zagreb)
Croatia 117 contributions 18521 visits
Upon the request of the notifying party, the CCA allowed the implementation of certain steps in the implementation of the concentration in line with the Croatian Competition Act* On 1 March 2022 the Croatian Competition Agency (CCA) received a pre-notification of the concentration between the (...)

The US FTC sues to block a vertical acquisition between a major defence contractor and an independent US supplier of missile propulsion systems (Lockheed Martin / Aerojet Rocketdyne)
US Federal Trade Commission (FTC) (Washington)
United States 155 contributions 37911 visits
FTC Sues to Block Lockheed Martin Corporation’s $4.4 Billion Vertical Acquisition of Aerojet Rocketdyne Holdings Inc.* Agency Seeks to Prevent World’s Largest Defense Contractor from Eliminating Last Independent U.S. Missile Propulsion Provider and Further Consolidating Markets Critical to (...)

State Aid

 The UK Government publishes a consultation on how to define “subsidies of interest” and “subsidies of particular interest” under the new national subsidy control regime
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8571 visits
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Herbert Smith Freehills (London)
United Kingdom 9 contributions 1484 visits
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Herbert Smith Freehills (Brussels)
Belgium 8 contributions 2201 visits
…
On 25 March 2022, the UK Government published a consultation on how “subsidies of interest” and “subsidies of particular interest” are to be defined under the UK’s new subsidy control regime. These concepts are fundamental, as they determine which subsidies are to be referred to the UK’s Competition (...)

The EU Court of Justice rules that State resources transferred from one public authority to another for the management of public services are not State aid within the meaning of Article 107(1) TFEU (Hermann Albers)
Maastricht University
Belgium 338 contributions 58561 visits
Intra-State Transfers and the Discretion of Public Authorities* Resources transferred from one public authority to another for the purpose of being used to subsidise undertakings do not fall within the scope of Article 107(1) TFEU if the recipient authority has discretion in their (...)

The EU Commission adopts "Temporary Crisis Framework" for State aid measures to support the EU economy in the context of Russia’s invasion of Ukraine
Ashurst (Brussels)
Belgium 36 contributions 8627 visits
,
Ashurst (Paris)
France 390 contributions 449027 visits
,
Ashurst (London)
United Kingdom 18 contributions 6119 visits
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introduction The aggression against Ukraine by Russia, the sanctions imposed by the EU and its international partners and the retaliatory counter-measures have created significant economic uncertainties, and disrupted trade flows and supply chains in many sectors. They have also led to (...)

The EU Commission adopts a temporary crisis framework for state aid measures to support the economy following the aggression against Ukraine by Russia
Covington & Burling (Brussels)
Belgium 47 contributions 17037 visits
,
Parnima Consuting (Brunnen)
Switzerland 14 contributions 4219 visits
,
Covington & Burling (Brussels)
Belgium 14 contributions 3071 visits
On 23 March 2022, the European Commission (the “Commission”) adopted a Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia (the “Framework”). In a similar fashion to the temporary framework that the Commission has adopted to (...)

The EU Commission adopts Temporary Crisis Framework to enable Member States to provide more State aid to mitigate the effects of the Russo-Ukrainian war
King’s College (London)
United Kingdom 2 contributions 248 visits
Entrenching Emergency Soft Law* On the 23rd of March 2022 the European Commission adopted another Temporary Crisis Framework for State aid, this time in the context of Russia’s invasion of Ukraine (the Ukraine TF). The framework is meant to mitigate the economic impact of the war and EU (...)

The EU Commission adopts a Temporary Crisis Framework to permit increased State aid in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705543 visits
State aid: Commission adopts Temporary Crisis Framework to support the economy in context of Russia’s invasion of Ukraine* Today, the European Commission has adopted a Temporary Crisis Framework to enable Member States to use the flexibility foreseen under State aid rules to support the (...)

The EU Commission adopts State aid framework following similar COVID-19 framework providing loan guarantees, tax-breaks and other measures for energy-intensive industry
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 29 contributions 31465 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 2 contributions 325 visits
,
Cleary Gottlieb Steen & Hamilton (Rome)
Italy 8 contributions 8671 visits
On March 23, 2022, the Commission adopted a Communication setting out a temporary framework for the implementation of State aid rules to support the economy following the conflict in Ukraine (the “Temporary Crisis Framework”), shortly after consulting with the Member States. The Temporary Crisis (...)

The EU Commission adopts a State aid Crisis Framework to support the economy in relation to the Russo-Ukrainian conflict
Ashurst (Brussels)
Belgium 36 contributions 8627 visits
,
Ashurst (Paris)
France 390 contributions 449027 visits
,
Ashurst (London)
United Kingdom 18 contributions 6119 visits
…
Introduction The aggression against Ukraine by Russia, the sanctions imposed by the EU and its international partners and the retaliatory counter-measures have created significant economic uncertainties, and disrupted trade flows and supply chains in many sectors. They have also led to (...)

The EU Commission adopts a Temporary Crisis Framework to mitigate damage to European economies in the face of the Russo-Ukrainian war
Maastricht University
Belgium 338 contributions 58561 visits
A New Temporary Crisis Framework* Introduction A new Temporary Framework which is called “Temporary Crisis Framework” [TCF] to distinguish it from the currently applicable Temporary Framework on covid-19 related State aid was adopted on 23 March 2022, almost two years to the date of the (...)

The EU Commission adopts Temporary Crisis Framework for State aid measures to support the EU economy following Russia’s invasion of Ukraine
McDermott Will & Emery (Brussels)
Belgium 36 contributions 8482 visits
,
Allen & Overy (Brussels)
Belgium 22 contributions 4898 visits
,
McDermott Will & Emery (Brussels)
Belgium 12 contributions 4526 visits
To mitigate the negative economic and social consequences of Russian military aggression against Ukraine and to lessen the effect of the restrictive economic measures taken in response to the crisis, as well as retaliatory counter measures, the European Commission adopted the Temporary Crisis (...)

The EU Commission approves 2022-2027 regional aid map for Ireland
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705543 visits
State aid: Commission approves 2022-2027 regional aid map for Ireland* The European Commission has approved under EU State aid rules Ireland’s map for granting regional aid from 1 January 2022 to 31 December 2027 within the framework of the revised Regional aid Guidelines (’RAG’). The revised (...)

The EU Commission approves €209M of Hungarian aid for construction of a global information and communications technology company’s electric vehicle battery plant (SK On Hungary)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705543 visits
State aid: Commission approves €209 million Hungarian aid for construction of SK On Hungary’s electric vehicle battery plant* The European Commission has found that Hungary’s €209 million measure in favour of SK On Hungary is in line with EU State aid rules. The investment aid will support the (...)

The EU Commission approves an Austrian scheme worth €2B under the Recovery and Resilience Facility to support the roll-out of broadband networks
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705543 visits
State aid: Commission approves €2 billion Austrian scheme under Recovery and Resilience Facility to support roll out of broadband networks* The European Commission has approved, under EU State aid rules, a €2 billion Austrian aid scheme made available through the Recovery and Resilience Facility (...)

The EU Commission approves a €120M Spanish scheme under Recovery and Resilience Facility to support sustainable rail freight transport
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705543 visits
State aid: Commission approves €120 million Spanish scheme under Recovery and Resilience Facility to support sustainable rail freight transport* The European Commission has approved, under EU State aid rules, a €120 million Spanish scheme made available through the Recovery and Resilience (...)

The EU Commission decides that a Member State’s gas storage policy does not constitute illegal State aid just before announcing the Temporary Crisis Framework which includes gas storage
Maastricht University
Belgium 338 contributions 58561 visits
Introduction On 23 March 2022, the European Commission announced plans to mitigate the spike in energy prices caused by the war in Ukraine. Chief among those plans were proposals for joint gas purchases and gas storage. Increase in storage capacity has been a strategy followed by several (...)

The EU Commission approves a budget of €95 million in Polish aid for the expansion of a company’s electric vehicles battery plant (LG Chem)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705543 visits
State aid: Commission approves €95 million Polish aid for expansion of LG Chem’s electric vehicles battery plant* The European Commission has found that Poland’s €95 million measure in favour of LG Chem Group (‘LG Chem’) is in line with EU State aid rules. The investment aid will support the (...)

The EU Commission approves 2022-2027 regional aid map for Spain
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705543 visits
State aid: Commission approves 2022-2027 regional aid map for Spain* The European Commission has approved under EU State aid rules Spain’s map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines (’RAG’). The revised RAG, (...)

The EU Commission approves a €2.9 billion Spanish scheme to partially compensate energy-intensive companies for higher electricity prices resulting from indirect emission costs
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705543 visits
State aid: Commission approves €2.9 billion Spanish scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a Spanish scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU Commission approves a €1.4B Czech scheme to partially compensate energy-intensive companies for higher electricity prices as a result of indirect emission costs
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705543 visits
State aid: Commission approves €1.4 billion Czech scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a Czech scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU Commission opens an in-depth investigation into Greek support measures in favour of national postal operator (ELTA)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705543 visits
State aid: Commission opens in-depth investigation into Greek support measures in favour of postal operator Hellenic Post (ELTA)* The European Commission has opened an in-depth investigation to assess whether certain Greek support measures in favour of ELTA are in line with EU State aid (...)

The EU Commission sends a draft proposal to the Member States with the aim of establishing a State aid temporary crisis framework to support the EU economy in the wake of Russia’s invasion of Ukraine
McDermott Will & Emery (Brussels)
Belgium 36 contributions 8482 visits
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Allen & Overy (Brussels)
Belgium 22 contributions 4898 visits
,
McDermott Will & Emery (Brussels)
Belgium 12 contributions 4526 visits
The European Commission consults Member States on its draft proposal On March 10, 2022 the European Commission (Commission) sent a draft proposal to EU Member States with the aim of establishing a State aid Temporary Crisis Framework to support the EU economy in the wake of Russia’s invasion of (...)

The EU Commission approves a 2022-2027 regional aid map for Luxembourg
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705543 visits
State aid: Commission approves 2022-2027 regional aid map for Luxembourg* The European Commission has approved under EU State aid rules Luxembourg’s map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines (’RAG’). The (...)

The EU Commission approves a 2022-2027 regional aid map for Malta
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705543 visits
State aid: Commission approves 2022-2027 regional aid map for Malta* The European Commission has approved under EU State aid rules Malta’s map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines (’RAG’). The revised RAG, (...)

The EU Commission approves €687M Italian scheme to compensate commercial rail passenger operators for the damage suffered due to the COVID-19 pandemic Free
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705543 visits
State aid: Commission approves €687 million Italian scheme to compensate commercial rail passenger operators for the damage suffered due to the coronavirus pandemic* The European Commission has approved, under EU State aid rules, €687 million Italian support to compensate providers of (...)

The EU Commission approves a €2B Hungarian scheme aimed at providing investment support for sustainable recovery
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2705543 visits
State aid: Commission approves €2 billion Hungarian investment support scheme towards a sustainable recovery* The European Commission has approved a €2 billion Hungarian scheme aimed at providing investment support towards a sustainable recovery. The scheme was approved under the State aid (...)

The EU Commission finds that the benefits earned from State aid by an Italian company are valid and compatible with the internal market (Toremar)
Maastricht University
Belgium 338 contributions 58561 visits
Another Altmark Compliant Case!* Introduction It is very rare for measures of compensation for public service obligations to be found by the European Commission to be compliant with the Altmark conditions. Nonetheless, in the past two years the Commission has concluded that two Italian (...)

The EFTA Surveillance Authority approves amendments to a Norwegian support scheme for canceled and downscaled cultural events due to the COVID-19 outbreak Free
EFTA Surveillance Authority (Brussels)
Belgium 133 contributions 26895 visits
COVID-19 pandemic: ESA approves amendments to Norwegian support scheme for cancelled and downscaled cultural events* The EFTA Surveillance Authority (ESA) has today approved amendments to a scheme offering financial support to organisers and subcontractors of cultural events that have been (...)

Procedures

 The UK Competition Appeal Tribunal in its recent FX judgment demonstrates willingness to strike out poorly pleaded claims and deny opt-out certification (Evans / O’Higgins)
Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 1 contribution 85 visits
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
United Kingdom 57 contributions 23871 visits
,
Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 8 contributions 3554 visits
…
Takeaways The CAT is willing to consider strike-out seriously at the certification stage. The CAT considered striking out the claims of its own motion, and warned the proposed class representatives that they should consider ‘significant amendment and revision’ of their claims to avoid strike-out. (...)

The Lithuanian Competition authority fines two undertakings for obstructing an investigation (Būsto aplinka / Mano Būsto priežiūra)
Lithuanian Competition Authority (Vilnius)
Lithuania 100 contributions 19322 visits
Lithuanian Konkurencijos Taryba assigns individual sanctions to infringers in obstruction case The Lithuanian competition authority Konkurencijos taryba assigned individual sanctions to the companies Būsto aplinka and Mano Būsto priežiūra which obstructed the inspection conducted by the (...)

The Australian Federal Court orders an ice cream manufacturer and distributor to pay $12M in penalties for its anti-competitive conduct in relation to the distribution of ice creams sold in petrol stations and convenience stores (Peters Ice Cream)
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78246 visits
Peters Ice Cream to pay $12 million penalty for anti-competitive exclusive dealing* The Federal Court has ordered that Australasian Food Group, trading as Peters Ice Cream, pay a $12 million penalty for anti-competitive conduct in relation to the distribution of ice creams sold in petrol (...)

The Paris Court of Appeal rejects the appeal of the operator of the only multiplex cinema in New Caledonia, ruling that its complaint against the installation of a competing multiplex cinema was partly inadmissible as it did not fall within its jurisdiction (SECH)
New Caledonia Competition Authority (Noumea)
New Caledonia 23 contributions 1049 visits
Competition in the cinema sector: the SECH (Cinécity) "succeeds in its appeal" before the Paris Court of Appeal, which confirms in all respects the decision of rejection and inadmissibility of the Authority of October 5, 2020* In a judgment of March 24, 2022, the Paris Court of Appeal confirms (...)

The EU Court of Justice preliminarily rules that the ne bis in idem principle provides limited protection against sanctions following investigations of the same infringements of competition law (bpost) (Nordzucker)
Van Bael & Bellis (Brussels)
Belgium 46 contributions 11424 visits
,
Van Bael & Bellis (Brussels)
Belgium 32 contributions 6831 visits
On 22 March 2022, the European Court of Justice (the “ECJ”) handed down two judgments highlighting that the European Union’s ne bis in idem principle – the equivalent to the protection against double jeopardy – provides only limited protection in competition law proceedings where the same conduct (...)

The EU Court of Justice rules that the ne bis in idem principle provides limited protection when different Member State jurisdictions investigate the same infringement (Bpost) (Nordzucker)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45173 visits
In the Bpost case, two national authorities fined Bpost €2.3 million for applying a rebate system that discriminated against some of Bpost’s clients; second, the Belgian Competition Authority fined 37.4 million for abuse of dominant position because of the same rebate system. According to the (...)

The EU Court of Justice clarifies the protection provided by the non bis in idem principle in two judgments (Bpost) (Nordzucker)
Ashurst (Brussels)
Belgium 36 contributions 8627 visits
On 22 March 2022, the European Court of Justice ("ECJ") delivered two judgments clarifying the scope of protection of the non bis in idem (double jeopardy) principle which provides that a (natural or legal) person may only be sanctioned once for a single unlawful course of conduct where the (...)

The Canadian Competition Authority releases for public comment its new draft Information Bulletin on Transparency which explains the Authority’s communication during antitrust investigations
Journal of Parliamentary and Political Law (Ottawa)
France 47 contributions 19903 visits
Introduction Canada’s Competition Bureau, which assists the Commissioner of Competition (‘the Commissioner’) in the administration and enforcement of the Competition Act (‘the Act’), released its draft Information Bulletin on Transparency (‘the draft Bulletin’) on 8 March 2022, requesting public (...)

Regulatory

 The Spanish Competition Authority publishes its report on the draft bill modifying the penalty regime of the rail sector law
Spanish Competition Authority (CNMC) (Madrid)
Spain 127 contributions 28108 visits
CNMC considers that the fines envisaged in the future Railway Sector Law for companies in breach of the law are insufficient* The CNMC will be able to fine companies that fail to comply with its rulings up to a maximum of 300,000 euros. In Italy, France and the Netherlands, their regulators (...)

The EU Council and Parliament reach a political agreement on the regulation of contestable and fair markets in the digital sector
McDermott Will & Emery (Brussels)
Belgium 36 contributions 8482 visits
,
Arnold & Porter Kaye Scholer (Brussels)
France 64 contributions 98065 visits
,
Allen & Overy (Brussels)
Belgium 22 contributions 4898 visits
…
On March 24, 2022 the Council of the EU and the European Parliament reached political agreement on the “Regulation of the European Parliament and of the Council on contestable and fair markets in the digital sector” (Digital Markets Act or DMA). The political agreement comes just 15 months after (...)

The Fijian Competition Authority collaborates with local traders to ensure domestic consumers are protected from the overhead costs of international freight charges
Fijian Competition & Consumer Commission - FCCC (Suva)
Fiji 10 contributions 365 visits
Freight Rates Influence Prices of Goods in Fiji* A core function of the Fijian Competition and Consumer Commission (FCCC) is to control the prices of those goods in Fiji where competition is restricted or lessened. Price control prevents traders from charging prices which would make products (...)

The Spanish Competition Authority opens public consultation on the cost of access to railway stations, freight terminals and workshops
Spanish Competition Authority (CNMC) (Madrid)
Spain 127 contributions 28108 visits
The CNMC opens a public consultation on the cost of access to railway stations, freight terminals and workshops.* Access to these facilities, which belong to Adif, Renfe and other companies, is essential to allow freight and passenger transport companies to operate. The document will clarify (...)

The Australian Competition Authority joins other national regulators to create a forum for regulating digital platforms
Australian Competition and Consumer Commission (Canberra)
Australia 370 contributions 78246 visits
Agencies form Digital Platform Regulators Forum* The ACCC, Australian Communications and Media Authority, Office of the Australian Information Commissioner, and Office of the eSafety Commissioner have together formed the Digital Platform Regulators Forum. “The new Digital Platform Regulators (...)

The New Zealand Competition Authority issues a compliance advice letter to an electricity utility for failure to comply with industry standards for three successive years between 2018 and 2020 (Transpower)
New Zealand Commerce Commission (Wellington)
New Zealand 149 contributions 21564 visits
Transpower issued with compliance advice following Commission investigation* The Commerce Commission has issued Transpower New Zealand Limited (Transpower) with a compliance advice letter after an investigation into its contraventions of quality standards for the 2018, 2019 and 2020 years. (...)

The Belgian Parliament transposes the ECN+ Directive into law and publishes it in the Official Gazette
Belgian Competition Authority (Brussels)
Belgium 95 contributions 21361 visits
Transposition of the ECN+ Directive* The Act of 28 February 2022 transposing Directive (EU) 2019/1 of the European Parliament an of the Council of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of (...)

The Turkish Competition Authority alters its approach when analysing thresholds in merger cases involving ’technology’ companies
ACTECON (Istanbul)
Turkey 12 contributions 1515 visits
,
ACTECON (Istanbul)
Turkey 12 contributions 2664 visits
,
ACTECON (Istanbul)
Turkey 7 contributions 758 visits
Introduction On 4 March 2022, the Turkish Competition Authority (the “TCA”) increased the notification thresholds set in its merger regulation, i.e., Communiqué No. 2010/4 on the Mergers and Acquisitions Calling for the Authorisation of the Competition Board (“Communiqué No. 2010/4”). In addition (...)

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