March 2023

General antitrust

 The Belgian Competition Authority assesses a sustainability initiative on living wages in the banana sector
Belgian Competition Authority (Brussels)
Belgium 95 contributions 21365 visits
The Belgian Competition Authority assesses a sustainability initiative on ’living wages in the banana sector* The Belgian Competition Authority considers that the sustainability initiative of IDH Sustainable Trade and certain large retail chains to promote living wages in the banana sector, (...)

The US DoJ, FTC, and EU Commission hold the third meeting of the EU-US Joint Technology Competition Policy Dialogue
US Department of Justice (Washington)
United States 163 contributions 68584 visits
Justice Department, Federal Trade Commission and European Commission Hold Third U.S.-EU Joint Technology Competition Policy Dialogue* The Justice Department’s Antitrust Division Assistant Attorney General Jonathan Kanter, Federal Trade Commission (FTC) Chair Lina M. Khan, and Executive Vice (...)

The Turkish Competition Authority releases the final report of the FMCG retail sector inquiry
Turkish Competition Authority (Ankara)
Turkey 25 contributions 2780 visits
Türkiye FMCG Retail Sector Inquiry Final Report Published* Fast Moving Consumer Goods (FMCG) retail sector is one of the important areas that are under the microscope of the Competition Authority due to its structure and key role in the economy. The Authority regularly monitors the sector (...)

The New Zealand Competition Authority publishes the Misuse of Market Power Guidelines aimed at helping businesses understand the market power test ahead of the proposed Market Power Law
New Zealand Commerce Commission (Wellington)
Nouvelle-Zélande 149 contributions 21565 visites
New market power law will help stamp out anti-competitive behaviour* Commerce Commission issues guidelines to help businesses understand new market power test. The Commerce Commission today published its Misuse of market power guidelines, ahead of a law change that will make it easier to take (...)

The Saudi Arabian Competition Authority announces a number of resolutions regarding the enforcement of competition law at its 80th meeting
Saudi Arabian Competition Authority (Riyadh)
Saudi Arabia 15 contributions 1098 visits
GAC’s Board Convenes the 80th Meeting and Issues a Number of Resolutions* On Wednesday, 23/08/1444 AH corresponding to 15/3/2023 AD, Chairman of the Board of Directors of the General Authority for Competition His Excellency Dr. Ahmed Abdulkarim Alkholifey presided over the 80th meeting of the (...)

The Spanish Competition Authority opens a public consultation on the state of competition in the healthcare insurance market to improve the levels of competition and the quality of services
Spanish Competition Authority (CNMC) (Madrid)
Espagne 127 contributions 28108 visites
The CNMC opens a public consultation on health care insurance* Competition Promotion Thus began a study on the conditions of competition in insurance and health care services in Spain. The CNMC will analyze aspects such as the concentration in the offer or the relationship between insurance (...)

The Luxembourg Parliament implements nationally the EU Digital Markets Act and Foreign Subsidies Regulation
Luxembourg Competition Council (Liège)
8 contributions 1149 visits
Adoption of the bill on the Digital Markets Act and foreign subsidies: new missions for the Autorité de la concurrence* On March 23, 2023, the Chamber of Deputies adopted bill 8164 which implements in Luxembourg regulation 2022/1925 on digital markets (known as the "Digital Markets Act or DMA) (...)

The Chinese Competition Authority enacts the final implementing regulations for the amended Anti-Monopoly Law
Hogan Lovells (Beijing)
China 80 contributions 18871 visits
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Hogan Lovells Fidelity (Shanghai)
8 contributions 1875 visits
On 24 March 2023, China’s antitrust authority – the State Administration for Market Regulation (“SAMR”) – issued four regulations implementing the recently amended Anti-Monopoly Law (“AML”), which cover four areas respectively, i.e., monopoly agreements, abuse of dominance, merger review and (...)

The UK Competition Authority publishes its annual plan for 2023/2024 which aims to promote environmental sustainability, support digital markets and effective trading in the country
Van Bael & Bellis (London)
2 contributions 121 visits
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Van Bael & Bellis (London)
10 contributions 1924 visits
On 23 March 2023, the UK Competition and Markets Authority published its annual plan for 2023 to 2024 (“Annual Plan”). The Annual Plan outlines the CMA’s areas of focus for the next 12 months (starting 1 April 2023) and, taking on a new approach in this year’s plan, also maps out the authority’s (...)

The Austrian Competition Authority cooperates closely with the EU Commission on the enforcement of the Digital Markets Act
Austrian Competition Authority (Vienna)
Austria 55 contributions 6090 visits
EU Digital Markets Act – AFCA cooperates closely with European Commission* The European Regulation on contestable and fair markets in the digital sector (Digital Markets Act – DMA) entered into force on 1 November 2022. The Act prohibits companies that provide digital platform services and act (...)

The New Zealand Competition Authority issues guidance on businesses collaborating in response to an emergency
New Zealand Commerce Commission (Wellington)
Nouvelle-Zélande 149 contributions 21565 visites
Guidance for businesses collaborating in response to an emergency* The Commerce Commission has today issued new guidance to help businesses understand how and when they can collaborate in response to an emergency – such as working together in regions impacted by Cyclone Gabrielle. “It’s been (...)

The US FTC opens a request for information regarding the business practices of cloud computing providers that could impact competition and data security in the healthcare, finance, transportation, e-commerce and defence industries
US Federal Trade Commission (FTC) (Washington)
États-Unis 155 contributions 37911 visites
FTC Seeks Comment on Business Practices of Cloud Computing Providers that Could Impact Competition and Data Security* Agency staff seek comment on cloud computing impact on specific industries including healthcare, finance, transportation, e-commerce and defense The Federal Trade Commission (...)

The Turkish Competition Authority initiates a sector inquiry to determine the competition law issues that can arise as a result of major earthquakes
Turkish Competition Authority (Ankara)
Turkey 25 contributions 2780 visits
A sector inquiry was initiated to determine the competition problems that may arise in the markets in terms of eleven provinces affected by the earthquakes that took place on February 6, 2023.* The Competition Board initiated a sector inquiry to determine the competition problems that may (...)

The Mexican Competition Authority determines the existence of barriers to competition in the relevant markets of the value chain of jet fuel
Mexican Competition Authority (Mexico City)
Mexique 130 contributions 25029 visites
Cofece determined the existence of barriers to competition in the relevant markets of the value chain of jet fuel* The barriers to competition identified generate restrictions to the efficient functioning of the markets for the commercialization, storage, and sale of jet fuel, the main input (...)

The Austrian Competition Authority conducts online survey to suppliers operating in the food industry within the scope of a sector inquiry
Austrian Competition Authority (Vienna)
Austria 55 contributions 6090 visits
AFCA conducts online survey of suppliers to the food industry* The Austrian Federal Competition Authority (AFCA) launched a sector inquiry into the food industry on 25 October 2022. The current situation of rising prices, supply chain bottlenecks and increasing inflation made a more detailed (...)

The New Zealand Competition Authority issues guidance on anticompetitive land covenants
New Zealand Commerce Commission (Wellington)
Nouvelle-Zélande 149 contributions 21565 visites
Anti-competitive land covenants may be limiting competition, Commission says* The Commerce Commission has today issued guidance around anti-competitive land covenants, which may be limiting competition across many sectors of the New Zealand economy. The Anti-competitive land covenants Fact (...)

The Canadian Competition Authority recommends significant improvements to the Competition Act to address market concentration issues, information-gathering powers, and the streamlining of investigative and judicial processes
Canadian Competition Bureau (Gatineau)
Canada 65 contributions 9253 visites
Competition Bureau provides recommendations to improve competition law in Canada* Bureau recommends strengthening laws based on enforcement experience The Competition Bureau is pleased to present its submission in response to the Government of Canada’s ongoing consultation on the future of (...)

The US FTC asks for comments on the current environment for franchisors exerting control over franchisees and workers
US Federal Trade Commission (FTC) (Washington)
États-Unis 155 contributions 37911 visites
FTC Seeks Public Comment on Franchisors Exerting Control Over Franchisees and Workers* Public urged to provide input on franchise agreements and franchisor business practices The Federal Trade Commission requests comment on franchise agreements and franchisor business practices, including how (...)

The Spanish Court of Valencia applies the EU Court of Justice’s ruling on judicial damages estimation in a trucks cartel case (Tráficos Manuel Ferrer / Daimler)
Allegro Consulting (Brussels)
Belgium 3 contributions 739 visits
Shortly after the publication of the Tráficos Manuel Ferrer judgment by the Court of Justice of the European Union (CJEU) in response to a request for a preliminary ruling (16 February 2023), the judge from the Valencia court who had referred the questions to the CJEU delivered his judgment in (...)

The Austrian Competition Authority launches inquiry into online food delivery platforms to identify any structural factors that might indicate a distortion of competition
Austrian Competition Authority (Vienna)
Austria 55 contributions 6090 visits
AFCA launches inquiry into online food delivery platforms* Major digital and technology companies with outstanding international market power have been at the centre of public debate in recent years. A debate that has subsequently been picked up by politicians and competition authorities. (...)

The EFTA Surveillance Authority and the EU Commission discuss closer cooperation
EFTA Surveillance Authority (Brussels)
Belgique 133 contributions 26895 visites
ESA and European Commission discuss closer cooperation* The College of the EFTA Surveillance Authority (ESA) led by President Arne Røksund, met with European Commission Vice-President Maroš Šefčovič to explore ways to further strengthen cooperation between the two institutions. The Agreement on (...)

The Australian Competition Authority announces new compliance and enforcement priorities geared towards promoting competitive markets and protecting consumers in response to current economic challenges
White & Case (Sydney)
Australia 3 contributions 915 visits
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White & Case (Sydney)
Australia 2 contributions 866 visits
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White & Case (Sydney)
Australia 1 contribution 559 visits
The Australian Competition and Consumer Commission (ACCC) announced its 2023-24 Compliance and Enforcement Priorities this week. The priorities are weighted towards protecting consumers in a year characterised by inflationary pressures, particularly with respect to essential services, the (...)

The French Competition Authority launches a public consultation into competition in the land passenger transport sector
Autorité de la concurrence (Paris)
France 727 contributions 380618 visites
The Autorité de la concurrence launches a public consultation until 31 March as part of its inquiry into the land passenger transport sector* Background As part of its inquiry into the land passenger transport sector, the Autorité de la concurrence is launching a public consultation to collect (...)

The Mexican Competition Authority publishes new Guidelines to digitalise the operations of the Commission and its procedures to improve efficiency
Mexican Competition Authority (Mexico City)
Mexique 130 contributions 25029 visites
Cofece issues the Guidelines for the use of electronic means during the investigation, the sequel to the procedure, the verification and incidents processed before the Commission.* These will have permanent validity, unlike those issued previously due to the emergency derived from COVID-19. (...)

The Mexican Competition Authority issues guidelines for the use of electronic means during the investigation, filings and notifcations
Mexican Competition Authority (Mexico City)
Mexique 130 contributions 25029 visites
Cofece issues the Guidelines for the use of electronic means during the investigation, the sequel to the procedure, the verification and incidents processed before the Commission.* These will have permanent validity, unlike those issued previously due to the emergency derived from COVID-19. (...)

The US DoJ joins with the Latin American Competition Authorities to launch parallel investigations and enforcement actions involving alleged anticompetitive restrictions on digital products and in-app purchases, digital advertising, self-preferencing, and various exclusivity arrangements
White & Case (Washington)
United States 9 contributions 1298 visits
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White & Case (Washington)
United States 46 contributions 26456 visits
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White & Case (Washington)
United States 30 contributions 18286 visits
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Latin America has emerged as a major growth market for the tech sector and digital markets, particularly in the tech hotbeds of Brazil, Chile, Colombia, and Mexico. While digital markets have been in the crosshairs of the US Department of Justice (DOJ) for quite some time, Latin American (...)

The Dutch Competition Authority advocates for far-reaching horizontal cooperation among competitors to promote and achieve sustainability goals
Baker McKenzie (Amsterdam)
Netherlands 3 contributions 6213 visits
Sustainability is raising issues within competition law and various regulators in Europe are becoming increasingly vocal about enforcement policies in their own and other countries. Both in the daily press and in the recent Journal of Antitrust Enforcement, Martijn Snoep, the Chairman of The (...)

Anticompetitive practices

 The Australian Competition Authority proposes to grant an interim authorisation to allow for collaboration among major supermarkets to address recycling challenges, following the liquidation of a major recycling company
Australian Competition and Consumer Commission (Canberra)
Australie 370 contributions 78244 visites
Cooperation proposed to continue on soft plastics recycling after REDcycle liquidation* The ACCC proposes to grant authorisation with conditions for 12 months to allow the major supermarkets to continue collaborating on a short-term solution to manage the soft plastics stockpile and to (...)

The Danish Competition Authority adopts a decision concerning price coordination between members of an association of undertakings active in the retail of baby and children’s products (Ønskebørn)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 127 contributions 34979 visits
The Danish Competition Council has adopted a decision concerning price coordination between members of an association of undertakings* On March 29 2023, the Danish Competition Council (DCC) adopted a decision concerning ØnskeBørn A/S (Ønskebørn). In its decision, the DCC concludes that Ønskebørn (...)

The US DoJ secures three convictions for a bid rigging scheme which defrauded the military of $7M (Alan Carson / Valerie Hayes / Philip Flores)
US Department of Justice (Washington)
United States 163 contributions 68584 visits
Military Contractors Convicted for $7 Million Procurement Fraud Scheme* A federal jury in the Northern District of Georgia convicted three military contractors today on one count of conspiring to defraud the United States and two counts of major fraud. According to court documents and (...)

The Spanish Competition Authority initiates disciplinary proceedings against a Big Tech company for possible anti-competitive practices affecting Spanish publishers of press publications and news agencies (Google)
Spanish Competition Authority (CNMC) (Madrid)
Espagne 127 contributions 28108 visites
The CNMC initiates disciplinary proceedings against Google for possible anti-competitive practices affecting Spanish publishers of press publications and news agencies * The behaviour under investigation allegedly involves an abusive exploitation by Google of its dominant position in the (...)

The Romanian Competition Authority suggests that agricultural producers will be better protected by new rules prohibiting unfair trading practices
Romanian Competition Council (Bucharest)
Roumanie 138 contributions 24578 visites
FARMERS AND PRODUCERS ARE BETTER PROTECTED BY THE REGULATION TARGETING UNFAIR AGRI-FOOD TRADING PRACTICES* The interests of local producers and farmers in the agri-food supply chain, as well as those of consumers, will be better protected by the regulation recently approved by the Government. (...)

The Canadian Competition Authority fines an engineering firm $485,000 as part of the settlement deal to conclude its investigation of the firm’s role in a bid-rigging scheme that targeted municipal infrastructure contracts in Québec and Montreal between 2002 and 2011 (BPR)
Canadian Competition Bureau (Gatineau)
Canada 65 contributions 9253 visites
BPR to pay $485,000 following seventh Québec bid-rigging settlement* Engineering firm BPR-Infrastructure Inc. has been ordered to pay $485,000 for bid-rigging related to consulting engineering services for municipal infrastructure contracts in the province of Québec. The payment is part of a (...)

The Hong Kong Competition Authority files the first cartel court case on the government subsidy scheme before the Competition Tribunal
Hong Kong Competition Commission (Hong Kong)
Hong Kong 47 contributions 10042 visites
Competition Commission takes first cartel case relating to government subsidy scheme to Competition Tribunal* The Competition Commission (“Commission”) has today commenced proceedings in the Competition Tribunal (“Tribunal”) against four undertakings and three individuals, namely: Multisoft (...)

The French Competition Authority sends a Statement of Objections to three companies in the Caribbean air transport sector for suspected anticompetitive practices
Autorité de la concurrence (Paris)
France 727 contributions 380618 visites
The Autorité’s General Rapporteur sends statement of objections to three companies in the intra-Caribbean regional air transport sector* The General Rapporteur of the Autorité de la concurrence announces that statements of objections were sent a few days ago to three companies in the sector of (...)

The Polish Competition Authority fines a bike distributor for imposing exclusive distribution agreements on dealers (Merida bicycles)
Polish Competition Authority (Warsaw)
Pologne 109 contributions 19928 visites
A fine of almost pln 2.5 million pln for Merida Polska* For 6 years, the Merida company prohibited its distributors to sell bikes online. As a result, the market has been divided and consumers’ capabilities have been limited only to choosing the nearest traditional stores. President of UOKiK (...)

The Austrian Competition Authority files an application to fine two companies engaged in energy submetering (Meßtechnik Gesellschaft / Meßtechnik FMB)
Austrian Competition Authority (Vienna)
Austria 55 contributions 6090 visits
AFCA files application to fine two companies engaged in energy submetering* Following its investigations into submetering, the Austrian Federal Competition Authority (AFCA) filed another application with the Cartel Court on 16 March 2023 to impose a fine on two additional companies for having (...)

The Brazilian Competition Authority fines 5 undertakings and 7 individuals for engaging in anticompetitive practices in government procurement bidding processes (Caenge / Construtora ASP / Construtora / Brito Construções / Construtora São Bento ...)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12964 visits
CADE convicts cartel members in procurements for public works in Juazeiro do Norte (CE)* The cartel impacted engineering services in schools of the municipality. The cartelists are to pay fines amounting to BRL 1.1 million. On 8 March 2023, the Administrative Council for Economic Defense (...)

The UK High Court issues second landmark ruling in a FRAND royalty rates dispute (InterDigital / Lenovo)
Van Bael & Bellis (Brussels)
Belgium 4 contributions 320 visits
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Van Bael & Bellis (Brussels)
Belgium 27 contributions 4932 visits
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Van Bael & Bellis (Brussels)
Royaume-Uni 145 contributions 50400 visites
On 16 March 2023, Justice Mellor J. of the England and Wales High Court issued a landmark judgment in case HP-2019-000032 between InterDigital and Lenovo, the second ever UK ruling to define global fair, reasonable and non-discriminatory (“FRAND”) royalty rates. The case was brought before a UK (...)

The US FTC requires a glass manufacturer to drop noncompete clauses for its employees (Anchor Glass Container / Lynx Finance)
US Federal Trade Commission (FTC) (Washington)
États-Unis 155 contributions 37911 visites
FTC Takes Action Against Another Company That Imposed Harmful Noncompete Restrictions on Its Workers* Agency action puts an end to noncompete restrictions that Anchor Glass Container Corp. imposed on its employees The Federal Trade Commission ordered manufacturing company Anchor Glass (...)

The EU Court of Justice sets aside in part the judgments of the General Court and, consequently, annuls the decisions of the Commission ordering inspections at the premises of a number of French undertakings in the distribution sector on account of suspicions of anticompetitive practices (Les Mousquetaires / ITM Entreprises / Casino / Guichard-Perrachon / Achats Marchandises Casino / Intermarché Casino Achats) Free
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 95969 visites
Judgments of the Court in Cases C-682/20 P |Les Mousquetaires and ITM Entreprises v Commission, C-690/20 P Casino, Guichard-Perrachon and Achats Marchandises Casino v Commission and C-693/20 P Intermarché Casino Achats v Commission* The Court sets aside in part the judgments of the General (...)

The EU Court of Justice sets aside in part the judgments of the General Court and, consequently, annuls the decisions of the Commission ordering inspections at the premises of a number of French undertakings in the distribution sector on account of suspicions of anticompetitive practices (Intermarché Casino Achats)
White & Case (Paris)
France 17 contributions 25104 visits
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White & Case (Brussels)
Belgium 25 contributions 16033 visits
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White & Case (Paris)
France 1 contribution 666 visits
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In its judgments of March 9, 2023 the Court of Justice of the EU (CJEU) annulled the General Court’s (GC) judgment that had partly upheld the European Commission’s (EC) inspection decision, and ruled that the EC had failed to fulfil its obligation to properly record the interviews it conducted (...)

The US DoJ continues enforcement action to address interlocking directorates across 10 different companies (Qualys / SumoLogic / F5 / N-able / Dynatrace / SolarWinds...)
US Department of Justice (Washington)
United States 163 contributions 68584 visits
Justice Department’s Ongoing Section 8 Enforcement Prevents More Potentially Illegal Interlocking Directorates* Antitrust Division Continues to Focus on Competitors Sharing Company Directors in Violation of Section 8 of the Clayton Act The Justice Department announced today that five more (...)

The Austrian Competition Authority files an application at the Cartel Court to impose a fine on companies for price fixing and bid rigging in the award of market research studies contracts (Karmasin Research / BB Research / Beinschab / Edeltraud)
Austrian Competition Authority (Vienna)
Austria 55 contributions 6090 visits
Karmasin, BB Research Affairs, Edeltraud Geppel-Mikes* AFCA files applications for fines on KARMASIN RESEARCH & IDENTITY GMBH, BB Research Affairs GmbH and Beinschab Business GmbH, and Edeltraud Geppel-Mikes The Austrian Federal Competition Authority (AFCA) has filed applications for the (...)

The French Competition Authority fines a group of companies and two wholesale importers for maintaining exclusive import rights in French Guiana and Guadeloupe (Arvitis group / Sodis Chrismay / Sodipa)
Autorité de la concurrence (Paris)
France 727 contributions 380618 visites
Canard-Duchêne champagnes: Several Arvitis group companies and two wholesale importers fined for maintaining exclusive import rights* Canard-Duchêne champagnes: The Autorité de la concurrence fines several Arvitis group companies and two wholesale importers for maintaining exclusive import rights (...)

The US FTC approves final order requiring Michigan-based security companies to drop noncompete restrictions that they imposed on workers (Prudential Security / Prudential Command)
US Federal Trade Commission (FTC) (Washington)
États-Unis 155 contributions 37911 visites
FTC Approves Final Order Requiring Michigan-Based Security Companies to Drop Noncompete Restrictions That They Imposed on Workers* Following a public comment period, the Federal Trade Commission finalized consent orders settling charges that two affiliated Michigan-based security companies and (...)

The US Court of Appeals for the Second Circuit reinforces that policies of a professional association may constitute direct evidence of a concerted practice without allegations of an "agreement to agree" (Relevent Sports / USSF / FIFA)
FOSS Patents
Germany 3 contributions 1119 visits
The U.S. Court of Appeals for the Second Circuit reinforces its holding that a membership-based organization’s policy may constitute direct evidence of concerted action without allegations of an ’agreement to agree’: Relevent Sports v. United States Soccer Federation & Fédération Internationale (...)

The EU Commission confirms it undertook dawn raids in the fragrance sector with assistance from the UK Competition Authority, US DoJ and the Swiss Competition Authority
European Commission - DG COMP (Brussels)
Belgique 1296 contributions 2705241 visites
Antitrust: Commission confirms unannounced inspections in the fragrance sector* On 7 March 2023, the European Commission carried out unannounced inspections at the premises of companies and an association active in the fragrance industry in various Member States. In parallel, the Commission (...)

The UK Competition Authority launches an investigation into fragrances and fragrance ingredients with cooperation from EU Commission, the Swiss Competition Authority and the US DoJ (Firmenich International / Givaudan / International Flavours & Fragrances / Symrise)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 363 contributions 90676 visites
CMA launches investigation into fragrances and fragrance ingredients* The CMA has launched an investigation into suspected anti-competitive conduct in relation to the supply of fragrances and fragrance ingredients. The Competition and Markets Authority (CMA) has reason to suspect (...)

The US FTC extends the deadline for public comment over its proposed rule to ban noncompete clauses
US Federal Trade Commission (FTC) (Washington)
États-Unis 155 contributions 37911 visites
FTC Extends Public Comment Period on Its Proposed Rule to Ban Noncompete Clauses Until April 19* The Federal Trade Commission voted to extend the public comment period for its proposed new rule to ban employers from imposing noncompetes on their workers. With the extension, the FTC will now be (...)

The New Caledonian Competition Authority imposes sanctions on a company over an exclusive import agreement in the importation and distribution of electronic cigarettes (NSVI)
New Caledonia Competition Authority (Noumea)
New Caledonia 23 contributions 1047 visits
The Autorité sanctions an exclusive import agreement in the sector of import and distribution of electronic cigarettes* In a decision of March 1, 2023, the Autorité sanctions the company New Smart Vibes Import (NSVI) for having benefited from exclusive import rights on disposable electronic (...)

The Polish Competition Authority imposes fine on two transportation companies for bid rigging (Adam Tours / Roal)
Polish Competition Authority (Warsaw)
Pologne 109 contributions 19928 visites
Fines and charges for passenger transport companies* The President of UOKiK imposed fines for collusive bidding on two companies from Kraków. Proceedings are underway against three entrepreneurs from the Lublin Province who may have also illegally influenced the tender process. There is a fine (...)

The EU Court of Justice confirms that the date of publication of the Commission’s decision in the EU Official Journal is an appropriate starting date for the limitation period applicable to private damages claims (QJ / IP / Deutsche Bank)
Van Bael & Bellis (Brussels)
Belgium 32 contributions 6831 visits
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Van Bael & Bellis (Brussels)
Belgium 7 contributions 627 visits
On 6 March 2023, the European Court of Justice (“ECJ”) issued an order in Joined Cases C-198/22 and C-199/22 (QJ and IP v Deutsche Bank AG), upholding a national rule under which the limitation period for professionals and consumers alike to bring a private damages action starts to run as of the (...)

The Hellenic Competition Authority advances its investigation over potential anti-competitive practices in the financial sector by appointing a Commissioner-Rapporteur
Hellenic Competition Commission (Athens)
Greece 115 contributions 15849 visits
Case prioritization and assignment to a Commissioner-Rapporteur – potential anti-competitive practices in the financial sector* SUBJECT: Case prioritization and assignment to a Commissioner-Rapporteur – potential anti-competitive practices in the financial sector On 2 March 2023, the Hellenic (...)

The Dutch Competition Authority concludes that higher energy prices paid by consumers are not unreasonable and are not a result of anticompetitive conduct but instead due to turbulence in the energy markets (Eneco / Essent / Vattenfall)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 201 contributions 33290 visites
ACM: the tariffs of the three largest energy suppliers are not unreasonable* An investigation conducted by the Netherlands Authority of Consumers and Markets (ACM) has shown that energy suppliers Eneco, Essent, and Vattenfall currently do not charge unreasonable tariffs. The profits earned (...)

Unilateral Practices

 The German Competition Authority initiates proceeding against a Big Tech firm to examine whether the company is of paramount significance for competition across markets (Microsoft)
German Competition Authority (Bonn)
Allemagne 435 contributions 110422 visites
Bundeskartellamt / Digital economy* Examination of Microsoft’s significance for competition across markets Bonn, 28 March 2023: Today the Bundeskartellamt has initiated a proceeding against Microsoft to examine whether the company is of paramount significance for competition across markets. (...)

The EU Commission announces Guidelines on exclusionary abuses and amends Guidance on enforcement priorities
European Commission - DG COMP (Brussels)
Belgique 1296 contributions 2705241 visites
Antitrust: Commission announces Guidelines on exclusionary abuses and amends Guidance on enforcement priorities* The European Commission has launched a Call for Evidence seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance. In parallel, it has published a (...)

The EU Commission announces Guidelines on exclusionary abuses which acknowledge the central role of an effects-based approach in abuse of dominance cases
Van Bael & Bellis (Brussels)
Belgium 22 contributions 4263 visits
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Van Bael & Bellis (Brussels)
Belgium 32 contributions 6831 visits
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Van Bael & Bellis (Brussels)
Belgium 46 contributions 11424 visits
On 27 March 2023, the European Commission (“Commission”) launched a new legislative and policy initiative which aims to replace the Commission’s 2008 guidance on its enforcement priorities in Article 102 cases involving allegedly exclusionary conduct (the “2008 Guidance Paper”) with formal Article (...)

The Canadian Competition Authority enters into a consent agreement with a nuclear pharmaceutical company to address competition concerns with its contracting practices in the radiopharmaceutical industry (Isologic)
Canadian Competition Bureau (Gatineau)
Canada 65 contributions 9253 visites
Competition Bureau reaches agreement with Isologic to protect competition in healthcare* The Competition Bureau announced today that it has entered into a consent agreement with Isologic Innovative Radiopharmaceuticals Inc. (Isologic) to address competition concerns with its contracting (...)

The Belgian Competition Authority opens abuse of dominance proceedings over a below thresholds acquisition, in the first case following the Towercast precedent (Proximus / Edpnet)
Van Bael & Bellis (Brussels)
France 38 contributions 20740 visites
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Van Bael & Bellis (Brussels)
Belgique 47 contributions 23686 visites
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Van Bael & Bellis (Brussels)
Royaume-Uni 145 contributions 50400 visites
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The Belgian Competition Authority ( BCA ) announced yesterday that it would review the acquisition of Edpnet by telecommunications operator Proximus under the rules prohibiting abusive conduct by dominant companies (see, attached press release). Edpnet supplies broadband communications services (...)

The US FTC files an amicus brief arguing that a company has used unlawful strategies to delay the entry of a generic-brand drug into the market for the treatment of Parkinson’s disease (Sage Chemical / TruPharma / Supernus Pharmaceutical)
US Federal Trade Commission (FTC) (Washington)
États-Unis 155 contributions 37911 visites
FTC Files Amicus Brief in Sage Chemical vs. Supernus Pharmaceutical Supporting Competition in the Market for Drug Used to Treat Advanced Parkinson’s Disease* The Federal Trade Commission filed a brief as Amicus Curiae in the U.S. District Court for the District of Delaware in a case related to (...)

The Dutch Competition Authority warns suppliers of smart sports devices, food supplements and portable TV receivers over potential resale price maintenance
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 201 contributions 33290 visites
ACM warns suppliers that restrict the freedom of retailers to set their own retail prices* Over the past several months, the Netherlands Authority for Consumers and Markets (ACM) has warned various suppliers that they may have exercised undue influence over the retail prices of their products (...)

The EU Court of Justice rules that Article 102 TFEU permits ex post merger control, at the national level, with a non-Community dimension (Towercast) Free
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 95969 visites
The prohibition of abuse of a dominant position laid down by the Treaties permits an ex post control, at national level, of a concentration of undertakings with a non-Community dimension* The temporal effects of a judgment of the Court confirming the applicability of that prohibition should (...)

The EU Court of Justice rules that non-notifiable merger deals can be challenged and reviewed under the abuse of dominance rules (Towercast)
Jones Day (Brussels)
Belgium 17 contributions 8586 visits
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Jones Day (Paris)
France 29 contributions 24926 visits
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Jones Day (Brussels)
Belgium 15 contributions 7270 visits
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In Short The Development: The Court of Justice of the European Union ("ECJ") held that national competition authorities ("NCA") may investigate and block an M&A transaction that violates Article 102 of the Treaty on the Functioning of the European Union to the extent it is not reportable (...)

The EU Court of Justice rules that non-notifiable mergers can be reviewed under abuse of dominance rules (Towercast)
Herbert Smith Freehills (Brussels)
Belgique 42 contributions 16373 visites
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Herbert Smith Freehills (Paris)
France 94 contributions 44925 visits
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Herbert Smith Freehills (Brussels)
Belgique 110 contributions 68863 visites
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INTRODUCTION On 16 March 2023, the Court of Justice of the European Union (CJEU) issued its keenly anticipated judgment in Towercast(Judgment), following a request for a preliminary ruling by the Court of Appeal, Paris (Court of Appeal). The Judgment clarifies that acquisitions by dominant (...)

The Spanish Competition Authority investigates a power generation company and its parent for possibly abusing its dominance by benefitting its own downstream operations (Luminora / Soltec)
Spanish Competition Authority (CNMC) (Madrid)
Espagne 127 contributions 28108 visites
The CNMC investigates the power generation company Luminora and its parent company Soltec for a possible abuse of a dominant position* Luminora is the company designated as the so-called “single node interlocutor” (IUN in Spanish) in the market for access to the electricity transmission network. (...)

The German Competition Authority closes an abuse of dominance investigation after a diagnostics service provider for armoured vehicles offers commitments to supply (Rheinmetall Landsysteme / FFG Flensburg Fahrzeugbau)
German Competition Authority (Bonn)
Allemagne 435 contributions 110422 visites
Bundeskartellamt safeguards competition in maintenance of “Boxer” wheeled armoured transport vehicles* Bonn, 13 March 2023: The Bundeskartellamt’s abuse proceeding resulted in Rheinmetall Landsysteme GmbH providing diagnostic software developed by Rheinmetall for “Boxer” wheeled armoured transport (...)

The German Competition Authority closes an abuse of dominance investigation in the market for armoured transport vehicle maintenance following supply commitments by an armoured vehicle diagnostics service provider (Rheinmetall Landsysteme / FFG Flensburg Fahrzeugbau) Free
Fieldfisher (Düsseldorf)
Germany 1 contribution 60 visits
Introduction In a press release dated 13 March 2023, the German Cartel Office (BKartA) stated that Rheinmetall must share its maintenance software for wheeled armoured transport vehicles with its competitors for cartel law reasons. In the context of an abuse of dominance proceeding, the (...)

The Czech Competition Authority concludes administrative proceedings against a company for abuse of dominance following commitments not to impose mandatory installation and maintenance obligations on clients (Honeywell)
Czech Competition Authority (Brno)
Czech Republic 40 contributions 5538 visits
THE OFFICE ACCEPTS HONEYWELL’S COMMITMENTS* The Office for the Protection of Competition (hereinafter referred to as „the Office“) terminated administrative proceedings against the undertaking Honeywell, spol. s r.o. for possible abuse of dominant position after committing not to require (...)

The Slovak Competition Authority initiates an administrative proceeding for an undertaking providing online intermediary services on discount portals
Slovak Competition Authority (Bratislava)
Slovakia 53 contributions 5152 visits
ABUSE OF DOMINANT POSITION: AMO SR initiated an administrative proceeding in connection with providing online intermediary services on discount portals in Slovakia* The administrative proceeding concerns the possible abuse of dominant position. On 8 March 2023 the Antimonopoly Office of the (...)

The Australian Competition Authority publishes an ’issues paper’ on expanding digital platform ecosystems as part of its five-year Digital Platform Services Inquiry
Australian Competition and Consumer Commission (Canberra)
Australie 370 contributions 78244 visites
Expanding digital platform ecosystems to be examined by ACCC* The ACCC will examine the expanding ecosystems of digital platform service providers in Australia as part of its’ five-year Digital Platform Services Inquiry. Large digital platform service providers, like Alphabet (Google), Amazon, (...)

The Swiss Competition Authority initiates an investigation to asses possible collusions in the fragrance market (Firmenich International / Givaudan / International Flavors & Fragrances / Symrise)
Swiss Competition Commission (Bern)
Switzerland 2 contributions 145 visits
COMCO investigates possible collusions in the fragrance market* Berne, 08.03.2023 – The Swiss Competition Commission (COMCO) has opened an investigation in the fragrance sector. There are suspicions that producers have colluded. COMCO has indications that several undertakings active in the (...)

The Croatian Competition Authority opens an ex officio infringement proceeding in the business-to-business food supply chain to identify whether a company used its strong bargaining power to impose unfair trading practices on its suppliers (Studenac)
Croatian Competition Agency (Zagreb)
Croatie 117 contributions 18521 visites
Implementation of the UTPs Act: CCA opens proceeding against STUDENAC retailer* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and (...)

Mergers

 The Indonesian Competition Authority announces a major overhaul of the national merger regulation
Ashurst (Singapore)
Singapore 13 contributions 14921 visits
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Ashurst (Abū Dhabī)
United Arab Emirates 5 contributions 1230 visits
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Ashurst (Jakarta)
1 contribution 122 visits
Amendments to Indonesia’s merger regulation are a welcome change, as the Indonesian regulator shifts its focus to transactions more likely to affect competition in local markets. Summary The Indonesia Competition Commission (ICC) has issued two new regulations that introduce significant changes (...)

The US DoJ alongside four state Attorney Generals files an action to block the proposed merger of two large low cost airlines (JetBlue / Spirit)
US Department of Justice (Washington)
United States 163 contributions 68584 visits
Four Additional States Join Justice Department’s Suit to Block JetBlue’s Acquisition of Spirit Airlines* Today, the Attorneys General of California, Maryland, New Jersey, and North Carolina joined a civil antitrust lawsuit filed by the Justice Department’s Antitrust Division, the Commonwealth of (...)

The Spanish Competition Authority conditionally approves an acquisition in the market for gift vouchers (Smartbox / Wonderbox)
Spanish Competition Authority (CNMC) (Madrid)
Espagne 127 contributions 28108 visites
The CNMC approves the acquisition of Smartbox by Wonderbox subject to commitments* The acquisition affects the market for “multi-choice” vouchers in Spain. The two companies sell gift boxes containing vouchers for gastronomic activities, hotel stays, leisure and beauty services, among others. (...)

The Australian Competition Authority grants an interim authorisation to permit the coordination of passenger and cargo transport operations in the aviation industry (Qantas / China Eastern)
Australian Competition and Consumer Commission (Canberra)
Australie 370 contributions 78244 visites
Interim authorisation granted to Qantas and China Eastern* Qantas Airways, China Eastern and their related entities can continue coordinating their passenger and cargo transport operations following an interim authorisation from the ACCC. Under an existing authorisation granted in 2021 Qantas (...)

The EU Court of Justice AG Ćapeta opines that EU law does not preclude national legislation which allows for the screening of foreign direct investment of third country provenance even if implemented via an EU-based company (Xella Magyarország)
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 95969 visites
Advocate General’s Opinion in Case C-106/22 | Xella Magyarország* Advocate General Ćapeta: EU law does not, in principle, preclude national legislation which allows for the screening of foreign direct investment of third country provenance even if implemented via an EU-based company Such (...)

The French Competition Authority unconditionally clears the acquisition of an egg producer by an agro-industrial operator (Ovoteam / LDC)
Autorité de la concurrence (Paris)
France 727 contributions 380618 visites
The Autorité de la concurrence clears the acquisition of Ovoteam by the LDC group* Background On 28 February 2023, the LDC group notified the Autorité de la concurrence of its plan to acquire the company Ovoteam. This follow the acquisition of the Matines business by the LDC group in October (...)

The Portuguese Competition Authority approves a merger in the market for the management of industrial waste (Urbaser / Industrial Waste)
Portuguese Competition Authority (Lisbon)
Portugal 111 contributions 27496 visites
The AdC issued a non-opposition decision to the merger 8/2023 - Urbaser / Industrial Waste NewCo* On March 29, 2023, the Board of Directors of the Competition Authority, in the exercise of the powers conferred upon it by Article 19 (1) d) of its statutes, approved by Decree-Law 125/2014 of 18 (...)

The New Zealand Competition Authority publishes a Statement of Issues relating to the proposed acquisition of certain passive mobile telecommunications infrastructure assets of two telecoms (Connexa / 2degrees)
New Zealand Commerce Commission (Wellington)
Nouvelle-Zélande 149 contributions 21565 visites
Statement of Issues released for Connexa / 2degrees passive mobile tower* The Commerce Commission has published a statement of issues relating to an application from Connexa Limited (Connexa) to acquire certain passive mobile telecommunications infrastructure assets from Two Degrees Networks (...)

The EU Commission clears the acquisition of an online homework and study help app company by a Big Tech (Photomath / Google)
European Commission - DG COMP (Brussels)
Belgique 1296 contributions 2705241 visites
Mergers: Commission clears acquisition of Photomath by Google* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of Photomath, Inc. (‘Photomath’) by Google LLC (‘Google’). The Commission concluded that the transaction would raise no (...)

The Hellenic Competition Authority announces the assessment of the effectiveness of the commitments proposed by a ferry operator (Attica)
Hellenic Competition Commission (Athens)
Greece 115 contributions 15849 visits
Assessment of the effectiveness of ATTICA’s commitments* SUBJECT: Assessment of the competitive conditions and the effectiveness of the commitments undertaken by ATTICA GROUP (“ATTICA”) under Decision No. 658/2018 of the Hellenic Competition Commission (“HCC”), for the ferry routes from Attica (...)

The Romanian Competition Authority assesses the takeover bid of an energy services company by a petroleum exploration firm and two investment firms (ALTEO Energy / MOL RES Investments / Riverland / Főnix)
Romanian Competition Council (Bucharest)
Roumanie 138 contributions 24578 visites
THE COMPETITION COUNCIL ASSESSES THE TAKEOVER OF ALTEO ENERGY SERVICES BY MOL RES INVESTMENTS, RIVERLAND MAGÁNTŐKEALAP AND FŐNIX MAGÁNTŐKEALAP* The Competition Council assesses the transaction whereby MOL RES Investments Zrt., Riverland Magántőkealap and Főnix Magántőkealap intend to take over ALTEO (...)

The Romanian Competition Authority approves the takeover of a diagnostic and treatment centre by a healthcare company (Med Life / Provita)
Romanian Competition Council (Bucharest)
Roumanie 138 contributions 24578 visites
COMPETITION COUNCIL APPROVED THE TAKEOVER OF PROVITA DIAGNOSTIC AND TREATMENT CENTER BY MED LIFE* The Competition Council approved the transaction through which Med Life SA takes over Provita Diagnostic and Treatment Center. Med Life Group companies are active in the private health care (...)

The Brazilian Competition Authority reviews a proposed acquisition in the automobile industry (Webmotors / Carsales)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 46 contributions 12964 visits
Cade to review the stake acquisition of Webmotors by Carsales* Upon completion of the transaction, the company will hold 70% of Webmotors’ shares. The Administrative Council for Economic Defense (CADE) is to review the acquisition by Carsales of a 70% stake in the company Webmotors. The notice (...)

The UK Competition Authority narrows the scope of concerns in its phase 2 review of a merger between a Big Tech company and a leading video game publisher (Microsoft / Activision Blizzard)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 363 contributions 90676 visites
CMA narrows scope of concerns in Microsoft – Activision review* The CMA has today issued updated provisional findings in its assessment of Microsoft’s proposed acquisition of Activision. New evidence provisionally alleviates concerns in relation to supply of gaming consoles in the UK Previously (...)

The UK Competition Authority preliminarily determines that the $61B acquisition of a firm offering server virtualisation software by a computer component producer may result in lessened competition and higher prices (VMware / Broadcom)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 363 contributions 90676 visites
Tech deal could make computer servers more expensive for UK businesses* Broadcom’s deal to buy VMware could lead to less innovation and drive up the cost of computer parts used by government, banks and telecoms. Broadcom, a leading US-based technology company, makes and sells specialist (...)

The Austrian Cartel Court fines an asset and facility management company for two illegal acquisitions (ADOMO)
Austrian Competition Authority (Vienna)
Austria 55 contributions 6090 visits
Cartel Court fines ADOMO Beteiligungs GmbH for illegal merger in two cases at AFCA’s request* On 22 March 2023, the Cartel Court imposed fines of EUR 65,000 and EUR 85,000 (25 Kt 12/22 k and 24 Kt 9/22 m) on ADOMO Beteiligungs GmbH following a request submitted by the Austrian Federal (...)

The French Competition Authority clears the acquisition of a DIY store by a discount homeware retailer subject to a divestment of 5 shops (Le Chamois / Gifi)
Autorité de la concurrence (Paris)
France 727 contributions 380618 visites
The Autorité de la concurrence clears the acquisition of Bricolex shops owner Le Chamois by Gifi group, subject to conditions* Background The Autorité de la concurrence authorises, subject to conditions, the Gifi group, which operates in the sector of bazaar and decoration products (...)

The Icelandic Competition Authority clears a proposed merger in the fishing industry (Ísfélag Vestmannaeyja / Rammi)
Icelandic Competition Authority
7 contributions 1374 visits
Merger of Ísfélag Vestmannaeyja and Rammi approved* The ICA recently took a position on the merger of Ísfélag Vestmannaeyja hf. and Ramma hf. The merger was duly notified on 10 February 2023, and the statutory deadlines then began to run. The investigation ended on phase I on 17 March 2023. It (...)

The EU Commission greenlights the acquisition of two Belgian telecoms by their leading French rival following commitments to grant access to the network to a rival for a period of ten years (VOO / Brutélé / Orange)
European Commission - DG COMP (Brussels)
Belgique 1296 contributions 2705241 visites
Mergers: Commission clears the acquisition of VOO and Brutélé by Orange, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of VOO and Brutélé by Orange. The approval is conditional on full compliance with a commitments package (...)

The UK Competition Authority preliminarily determines that a merger worth £1.2B could reduce competition in the healthcare data management market and lead to higher healthcare costs (UnitedHealth / EMIS)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 363 contributions 90676 visites
Healthcare deal could lead to higher costs for NHS* Deal to combine healthcare tech and data specialists could lead to lower quality and more expensive software options for the NHS. An initial investigation by the Competition and Markets Authority (CMA) has found UnitedHealth’s £1.2bn deal to (...)

The EU Court of Justice rules that Article 102 TFEU permits ex post review of completed mergers at the national level, with a non-Community dimension (Towercast)
Freshfields Bruckhaus Deringer (Berlin)
Germany 5 contributions 5368 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 7 contributions 2350 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 328 visits
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The European Court of Justice ( CJEU ) handed down its judgment in Towercast on 16 March 2023, confirming Advocate General Juliane Kokott’s Opinion from October 2022 that the prohibition on abuse of dominance under Article 102 TFEU is applicable to certain non-reportable mergers by dominant (...)

The EU Court of Justice confirms that the national authorities can review ex post below-threshold mergers under abuse of dominance rules (Towercast)
White & Case (Brussels)
Belgium 18 contributions 9331 visits
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White & Case (Brussels)
Belgium 25 contributions 16033 visits
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White & Case (Brussels)
Belgium 38 contributions 64618 visits
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The long-awaited European Court of Justice’s judgment in Towercast confirmed that national competition authorities (and national courts) can apply abuse of dominance rules to mergers that did not trigger EU and national merger control thresholds, and were not referred to the European Commission (...)

The EU Court of Justice confirms the ex post application of abuse of dominance rules to non-notifiable mergers (Towercast)
Van Bael & Bellis (Brussels)
Belgium 30 contributions 7675 visits
On 16 March 2023, the Court of Justice (ECJ) issued a preliminary ruling in case C-449/21, Towercast SASU v. Autorité de la concurrence and others (“Towercast”) finding that concentrations that are not subject to any ex-ante notification requirement under national or EU merger control rules may (...)

The EU Court of Justice agrees with AG Kokott and confirms that Art. 102 TFEU permits the reviewing of completed mergers where the concentration did not reach the requisite control thresholds (Towercast)
Hogan Lovells (Paris)
France 14 contributions 7310 visits
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Hogan Lovells (Paris)
Belgium 21 contributions 5476 visits
On 16 March 2023, in a preliminary ruling issued in the Towercast case, the Court of Justice ruled that a concentration below national merger control thresholds could be subject to a review under article 102 TFUE. This much awaited judgment is a revival of the 1973 Court of Justice’s Continental (...)

The US Surface Transportation Board approves merger creating North America’s first continental railway (CP / KCS)
Journal of Parliamentary and Political Law (Ottawa)
France 47 contributions 19921 visites
Introduction The CPR locomotive (‘CP’) has finally arrived at the train station. The destination of this railway is no longer unknown after the US Surface Transportation Board (‘STB’ or ‘board’) approved its merger proposal on 15 March 2023 with Kansas City Southern railway (‘KCS’). This merger (...)

The UK Competition Authority preliminarily determines that a completed acquisition of 132 petrol stations by a supermarket may result in higher prices or fewer choices for consumers (Asda / Co-op)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 363 contributions 90676 visites
Supermarket petrol station merger could increase prices for motorists and shoppers* CMA investigation finds Asda’s purchase of 132 petrol stations and attached grocery stores from the Co-op could mean higher prices or less choice for motorists or shoppers in 13 areas. In January 2023, the (...)

The EU Commission clears the acquisition of a nitrogen producer by a rival (Borealis NITRO / AGROFERT)
European Commission - DG COMP (Brussels)
Belgique 1296 contributions 2705241 visites
Mergers: Commission clears acquisition of Borealis NITRO by AGROFERT* The European Commission has approved unconditionally, under the EU Merger Regulation, the acquisition of the nitrogen business of Borealis AG (‘Borealis NITRO’) by AGROFERT Group (‘AGROFERT’). The Commission concluded that the (...)

The Spanish Competition Authority fines a telephone company €6M for breaching the commitments it made when acquiring a cable TV firm (Telefónica / DTS)
Spanish Competition Authority (CNMC) (Madrid)
Espagne 127 contributions 28108 visites
The CNMC fines Telefónica 6 million euros for breaching the commitments made in its merger with DTS.* In 2015, Telefónica voluntarily submitted a series of commitments that would allow it to acquire DTS and preserve market competition, including not imposing minimum-term conditions on its (...)

The Belgian Competition Authority clears a proposed acquisition in the architecture and engineering services market (VK Global / Sweco)
Belgian Competition Authority (Brussels)
Belgium 95 contributions 21365 visits
The Belgian Competition Authority approves the acquisition of sole control of VK Global NV andits subsidiaries by Sweco Belgium BV* On 10 March 2023, the Belgian Competition Authority (BCA) approved the acquisition of sole control of VK Global and its subsidiaries (together: "VK") by Sweco (...)

The US FTC seeks to block the merger of two top mortgage loan technology providers (Intercontinental Exchange / Black Knight)
US Federal Trade Commission (FTC) (Washington)
États-Unis 155 contributions 37911 visites
FTC Acts to Block Deal Combining the Two Top Mortgage Loan Technology Providers* Intercontinental Exchange Inc.’s proposed acquisition of rival Black Knight, Inc. would harm competition and lead to higher costs for lenders and homebuyers The Federal Trade Commission is taking action to block (...)

The Austrian Competition Authority publishes Guidelines on pre-notification procedures in merger control
Austrian Competition Authority (Vienna)
Austria 55 contributions 6090 visits
AFCA publishes Guidelines on Pre-notification Procedures in Merger Control* More transparent pre-notification procedures for planned mergers Companies can submit documents to the Austrian Federal Competition Authority (AFCA) as part of a pre-notification procedure before actually notifying (...)

The US DoJ sues to block the acquisition of a low-cost airline by its closest rival for $3.8B (JetBlue / Spirit) Free
US Department of Justice (Washington)
United States 163 contributions 68584 visits
Justice Department Sues to Block JetBlue’s Proposed Acquisition of Spirit Acquisition Would Allow JetBlue to Eliminate Its Largest Ultra-Low-Cost Rival, Further Concentrate the Airline Industry, and Harm American Travelers The Justice Department, together with Attorneys General of the (...)

The Belgian Competition Authority approves the acquisition of joint control over a risk management firm by two insurance companies (Vanbreda / Allianz / Unibreda)
Belgian Competition Authority (Brussels)
Belgium 95 contributions 21365 visits
Belgian Competition Authority approves the acquisition of joint control over Vanbreda Nederland B.V. by Allianz Nederland Groep N.V. and Unibreda NV* On 7 March 2023 the Belgian Competition Authority (BCA) approved the acquisition of joint control over Vanbreda Nederland B.V. by Allianz (...)

The Turkish Competition Authority fines an undertaking for failure to notify the acquisition of a major social media company (Elon Musk / Twitter)
ACTECON (Istanbul)
Turkey 26 contributions 9294 visits
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ACTECON (Istanbul)
Turkey 12 contributions 2663 visits
The Turkish Competition Authority Fines Elon Musk due to Failure to Notify the Twitter Deal* On 06.03.2023, the Turkish Competition Authority (’TCA”) announced its decision to fine Elon Musk due to failure to notify the $44 billion deal to acquire Twitter. The TCA’s reasoned decision is not (...)

The Turkish Competition Authority fines a tech entrepreneur for gun jumping over the acquisition of a social media platform (Elon Musk / Twitter)
Turkish Competition Authority (Ankara)
Turkey 25 contributions 2780 visits
The Examination about the Acquisition of the Sole Control of Twitter Inc. by Elon R. MUSK concluded. (6.3.2023) (10.3.2023)* In the Competition Board meeting dated 02.03.2023, as a result of the ex officio examination of the acquisition of the sole control of Twitter Inc. by Elon R. MUSK (...)

The UK Competition Authority raises competition concerns in the provision of various veterinary public health inspections in relation to the merger of leading providers of specialised veterinary services that support the UK food supply chain (Eville & Jones / Vorenta)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 363 contributions 90676 visites
Merger could mean costlier and lower quality inspections for food industry* CMA’s investigation into Eville & Jones’ acquisition of Vorenta has raised competition concerns in the provision of various veterinary public health inspections Eville & Jones and Vorenta are leading providers (...)

The Luxembourg Competition Authority joins a request under the EU Merger Regulation to assess the proposed acquisition in the interactive product design and whiteboarding software market (Figma / Adobe)
Luxembourg Competition Council (Liège)
8 contributions 1149 visits
The Luxembourg Competition Authority joins a request under the EU Merger Regulation to assess the proposed acquisition of Figma by Adobe* On January 30, the Luxembourg Competition Authority has joined for the first time a referral request under article 22 of the EU Merger Regulation (EUMR). (...)

The Luxembourg Competition Authority joins the EU merger control request to refer a proposed merger between two collaborative design platforms to the Commission for investigation (Adobe / Figma)
Arendt & Medernach (Luxembourg)
Luxembourg 55 contributions 108777 visits
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Arendt & Medernach
Luxembourg 1 contribution 114 visits
Following its statement issued on 29 April 2021 signaling willingness to refer M&As to the EU Commission, the Luxembourg Competition Authority has taken a first substantial step towards a more effective merger control. On 6 March 2023, the Luxembourg Competition Authority published a (...)

The Australian Competition Authority grants interim authorisation to two airlines to continue operating joint ventures in the Asian market for flights (Jetstar / Qantas)
Australian Competition and Consumer Commission (Canberra)
Australie 370 contributions 78244 visites
Interim authorisation granted to Jetstar’s Asian brands* The ACCC has granted interim authorisation to Qantas Airways Ltd (ASX:QAN) and Jetstar Airways Pty Ltd for the continued coordination of two Jetstar Asian-based joint ventures and, in certain circumstances between Jetstar Japan and Japan (...)

The Canadian Competition Tribunal rules in favour of the Competition Authority and imposes structural remedies in a merger between the two largest suppliers of oilfield waste service providers in the Western Canada Sedimentary Basin area (Secure / Tervita)
Canadian Competition Bureau (Gatineau)
Canada 65 contributions 9253 visites
Competition Bureau successful in challenge of Secure and Tervita merger* News release Competition Tribunal orders Secure to sell 29 facilities to resolve ongoing harm to competition in Western Canada On March 3, 2023, the Competition Tribunal ruled in favour of the Commissioner of (...)

The Spanish Competition Authority approves a supermarket’s acquisition of 234 retail distribution outlets and a logistics platform subject to divestments (Alcampo / Dia Group)
Spanish Competition Authority (CNMC) (Madrid)
Espagne 127 contributions 28108 visites
The CNMC approves Alcampo’s acquisition of several supermarkets of the Dia group subject to commitments* Alcampo has committed to divesting in Ejea de los Caballeros and in an area in the centre of Zaragoza in order to maintain competition in these areas. Without these commitments, retail prices (...)

The Dutch Competition Authority blocks the acquisition of a media company by a rival because it would have created too powerful a company in the media sector (RTL / Talpa)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 201 contributions 33290 visites
ACM definitively blocks acquisition of media company Talpa by rival company RTL* The Netherlands Authority for Consumers and Markets (ACM) has blocked the acquisition of media company Talpa by rival company RTL, because it would have created too powerful a company in the media sector. If the (...)

The UK Competition Authority provisionally clears a merger in the satellite communications market following an in-depth investigation (Viasat / Inmarsat)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 363 contributions 90676 visites
CMA provisionally clears satellite comms deal following in-depth review* The decision comes after a Phase 2 review revealed Viasat and Inmarsat will likely face significant competition from both emerging and established players as the sector expands. While Viasat and Inmarsat compete closely, (...)

The Mexican Competition Authority fines an IT manufacturing giant for gun jumping in the acquisition of a leading global provider of workplace collaboration solutions (HP / POLY)
Mexican Competition Authority (Mexico City)
Mexique 130 contributions 25029 visites
Cofece imposes a fine of 61.5 million Mexican pesos on two economic agents for failing to process all the steps of the concentration notification procedure* The concentration was authorized after verifying that it does not affect competition and free market access. Mexico City, March 1, 2023. (...)

State Aid

 The EU General Court of Justice dismisses an appeal filed against the Commission’s decision approving the aid granted by Romania to an airline in the context of the COVID-19 pandemic (Blue Air) Free
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 29064 visits
Judgment of the General Court in Case T-142/21 | Wizz Air Hungary v Commission (Blue Air; COVID-19 and rescue aid)* The action against the Commission’s decision approving the aid granted by Romania to the airline Blue Air in the context of the Covid-19 pandemic is dismissed in its entirety On (...)

The EU Commission approves €1B Finnish scheme to support companies in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgique 1296 contributions 2705241 visites
State aid: Commission approves €1 billion Finnish scheme to support companies in the context of Russia’s war against Ukraine* The European Commission has approved a €1 billion Finnish scheme to support companies in the context of Russia’s war against Ukraine. The scheme was approved under the (...)

The EU Commission Executive Vice-President Vestager announces new State aid investigations into multinationals’ tax rulings following a recent decision of the Court of Justice (Fiat Chrysler)
Covington & Burling (Brussels)
Belgium 47 contributions 17039 visits
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Covington & Burling (Brussels)
Belgique 14 contributions 3069 visites
The European Competition Commissioner, Margrethe Vestager, announced on 20 March 2023 that new State aid investigations into “aggressive tax planning” practices of multinationals can be expected. This follows an in-depth inquiry into tax ruling practices in European Union (“EU”) Member States for (...)

The EU Commission approves a Slovenian scheme worth €650M to support companies facing increased energy costs in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgique 1296 contributions 2705241 visites
State aid: Commission approves €650 million Slovenian scheme to support companies facing increased energy costs in context of Russia’s war against Ukraine* The European Commission has approved a €650 million Slovenian scheme to support companies facing increased energy costs in the context of (...)

The EFTA Surveillance Authority approves a Norwegian scheme for affordable homes in Oslo
EFTA Surveillance Authority (Brussels)
Belgique 133 contributions 26895 visites
ESA approves Norwegian scheme for affordable homes in Oslo* The EFTA Surveillance Authority has today approved a Norwegian measure for affordable homes in Oslo. During the past 30 years, there has been a significant increase in housing prices in Oslo. This has led to a situation where (...)

The EU Commission adopts a Temporary Crisis and Transition Framework to further support the transition towards a net-zero economy
European Commission - DG COMP (Brussels)
Belgique 1296 contributions 2705241 visites
State aid: Commission adopts Temporary Crisis and Transition Framework to further support transition towards net-zero economy* The European Commission has adopted today a new Temporary Crisis and Transition Framework to foster support measures in sectors which are key for the transition to a (...)

The EU Commission amends the General Block Exemption rules to further facilitate and speed up green and digital transitions
European Commission - DG COMP (Brussels)
Belgique 1296 contributions 2705241 visites
State aid: Commission amends General Block Exemption rules to further facilitate and speed up green and digital transition* The European Commission has endorsed a targeted amendment to the General Block Exemption Regulation (’GBER’) to further facilitate, simplify and speed up support for the (...)

The EU Commission adopts new state aid measures to foster the green energy transition
Van Bael & Bellis (Brussels)
Belgium 9 contributions 1723 visits
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Van Bael & Bellis (Brussels)
Belgium 152 contributions 32882 visits
On 9 March 2023, the European Commission (“Commission”) adopted two pieces of legislation in the field of State aid aimed, in particular, at favouring the EU’s green energy transition. More specifically, the Commission adopted the Temporary Crisis and Transition Framework for State Aid measures to (...)

The EU Commission adopts a Temporary Crisis and Transition Framework to relax State aid rules in response to the US Inflation Reduction Act
Covington & Burling (Brussels)
Belgium 47 contributions 17039 visits
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Covington & Burling (Brussels)
Belgique 14 contributions 3069 visites
As part of “A Green Deal Industrial Plan for the Net Zero Age” to respond to the US Inflation Reduction Act (IRA) (see our alert), the European Commission (the “Commission”) adopted on 9 March 2023 its Temporary Crisis and Transition Framework for State Aid measures to support the economy following (...)

The EU Commission adopts a Temporary Crisis and Transition Framework to relax State aid rules in support of green transition
Freshfields Bruckhaus Deringer (Brussels)
Belgium 4 contributions 389 visits
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Freshfields Bruckhaus Deringer (Berlin)
Germany 6 contributions 1324 visits
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Freshfields Bruckhaus Deringer (Vienna)
Austria 3 contributions 586 visits
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On 9 March, the European Commission ( Commission ) significantly amended its State aid framework to support the economy following Russia’s aggression against Ukraine. This revision of the existing Temporary Crisis Framework ( TCF ), which is now called Temporary Crisis and Transition Framework ( (...)

The EFTA Surveillance Authority initiates a formal investigation over a possible breach of State aid rules by Iceland in a submarine cable project
EFTA Surveillance Authority (Brussels)
Belgique 133 contributions 26895 visites
ESA investigates possible breach of State aid rules by Iceland in submarine cable project* The EFTA Surveillance Authority (ESA) has today initiated a formal investigation into alleged State aid granted by the Icelandic authorities to Farice. In December 2018, Farice signed a contract with (...)

The EU Commission approves an amendment to an Italian guarantee scheme, including up to a €3B budget increase, in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgique 1296 contributions 2705241 visites
State aid: Commission approves amendment to Italian guarantee scheme, including up to €3 billion budget increase, in context of Russia’s war against Ukraine* The European Commission has approved, under EU State aid rules, an amendment to an existing Italian guarantee scheme, including an up to (...)

The EU Commission extends an in-depth investigation into Germany’s plans to compensate lignite-fired power plants for early closure as part of the ’European Green Deal’ program (RWE / LEAG)
European Commission - DG COMP (Brussels)
Belgique 1296 contributions 2705241 visites
State aid: Commission extends in-depth investigation into Germany’s plans for early closure of lignite-fired power plants* The European Commission has extended the scope of its ongoing in-depth inquiry into Germany’s plans to compensate lignite-fired power plants operators for the early phase (...)

The EU Commission approves a French guarantee scheme worth €2B to support energy-consuming companies in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
Belgique 1296 contributions 2705241 visites
State aid: Commission approves €2 billion French guarantee scheme to support energy-consuming companies in the context of Russia’s war against Ukraine* The European Commission has approved a €2 billion French guarantee scheme to support energy-consuming companies in the context of Russia’s war (...)

Procedures

 The EU Court of Justice AG Compos proposes that an automobile company should benefit from the ne bis in idem principle to avoid sanctions for unfair practices in Italy, having been penalised in Germany (Volkswagen) Free
European Court of Justice (Luxembourg)
Luxembourg 328 contributions 95969 visites
Advocate General’s Opinion in Case C-27/22 | Volkswagen Group Italia and Volkswagen Aktiengesellschaft* According to Advocate General Campos Sánchez-Bordona, Volkswagen cannot be penalised in Italy for ‘Dieselgate’, after having been penalised in Germany, if there has not been sufficient (...)

The Spanish Competition Authority initiates disciplinary proceedings against a telecom for providing misleading information in the process of notifying a merger (MásMóvil)
Spanish Competition Authority (CNMC) (Madrid)
Espagne 127 contributions 28108 visites
The CNMC initiates disciplinary proceedings against MásMóvil* The company allegedly provided incomplete, incorrect, misleading or false information to the CNMC, during the preliminary proceedings on the need to notify the acquisition the Ahí+ group by MásMóvil. The Spanish Competition Act classifies (...)

Regulatory

 The EU Commission reviews draft legislative proposal to regulate the licensing framework for standard-essential patents
European University Institute (Florence)
Italy 2 contributions 460 visits
The European Commission is working on a legislative proposal that would regulate the licensing framework for standard-essential patents (SEPs). A regulatory proposal leaked to the press has already been the subject of extensive commentary (see here, here, and here). The proposed regulation (...)

The Turkish Competition Authority publishes the Final Report of the FMCG retail sector inquiry
ACTECON (Istanbul)
Turkey 22 contributions 3419 visits
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ACTECON (Istanbul)
Turkey 17 contributions 2507 visits
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ACTECON (Istanbul)
Turkey 5 contributions 943 visits
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The Fast-Moving Consumer Goods ("FMCG") retailing sector is one of the most important areas under the TCA’s focus due to its structure and key role in the economy. The TCA regularly monitors the sector with sensitivity and follows developments in the sector. In this context, following the (...)

The Dutch Competition Authority opens a consultation with market participants to assess whether a different form of access to the cable network is needed for ensuring effective competition with regard to high-speed broadband in Amsterdam
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 201 contributions 33290 visites
ACM: further assessment is needed in areas with high-speed broadband over cable only* The Netherlands Authority for Consumer and Markets (ACM) will assess whether measures are needed to promote competition in areas where people are only able to take out high-speed broadband plans (at least 200 (...)

The US DoJ continues its aggressive crackdown on illegal interlocking directorates thereby increasing the spotlight on private equity and technology firms and leading to the resignation of five more US company board directors
White & Case (Washington)
United States 17 contributions 6419 visits
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White & Case (Washington)
United States 5 contributions 1948 visits
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White & Case (Washington)
United States 3 contributions 1278 visits
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The Antitrust Division of the US Department of Justice ("DOJ") continues to aggressively pursue alleged illegal interlocking directorates that violate Section 8 of the Clayton Act, and in particular, interlocks involving private equity ("PE") firms and technology companies. On March 9, 2023, (...)

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