May 2020

General antitrust

 The Indian Competition Authority holds a roundup covering the main developments of the past two months
Shardul Amarchand Mangaldas (New Delhi)
India 62 contributions 14841 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 58 contributions 13952 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 55 contributions 12584 visits
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Indian Competition Law Roundup: April-May 2020* In this Roundup, we highlight the main developments in Indian competition law in April and May 2020. The COVID-19 Response The CCI is Open for Business As stated in our April update on ‘Indian Competition Law and COVID-19’, the Competition (...)

The EU Commission proposes a European recovery plan which would be funded by borrowing on the financial markets
Baker McKenzie (London)
United Kingdom 1 contribution 25 visits
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Baker McKenzie (London)
United Kingdom 1 contribution 25 visits
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Baker McKenzie (London)
United Kingdom 1 contribution 25 visits
On 27 May 2020, the European Commission put forward its proposal for a European Recovery Plan (ERP) with a new EUR 750 billion funding via its financial recovery instrument, called the "Next Generation EU" which would be funded by borrowing on the financial markets. If approved by the Member (...)

The OECD issues note on competition and emergency procurement during COVID-19 Free
OECD - Competition Division (Paris)
France 292 contributions 938484 visits
Health concerns, confinement measures and border closures adopted in the wake of the Covid-19 crisis have caused severe disruption in the supply and distribution chain of goods, works and services that the public sector needs. At the same time, public buyers around the world need some goods (...)

The Belgian Competition Authority issues new guidelines on the calculation of fines
Court of First Instance of Namur (Namur)
Belgium 224 contributions 42567 visits
New guidelines of the Belgian Competition Authority (the “BCA”) on the calculation of fines (the “Fining Guidelines”) were published on 25 May 2020 in the Belgian Official Journal. The Fining Guidelines replace the Guidelines on the calculation of fines adopted in 2014 by the BCA. The new Fining (...)

The Belgian Competition Authority adopts leniency guidelines
Court of First Instance of Namur (Namur)
Belgium 224 contributions 42567 visits
On 22 May 2020, new Leniency Guidelines (the “2020 Guidelines”) adopted by the Belgian Competition Authority (the “BCA”) were published in the Belgian Official Journal. The 2020 Guidelines replace the 2016 Leniency Guidelines and lay down the conditions to obtain total or partial immunity from (...)

The Belgian Competition Authority adopts guidelines regarding the calculation of fines, leniency applications and on the informal opinions of the Competition Authority’s President
Bird & Bird (Brussels)
Belgium 12 contributions 1565 visits
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Bird & Bird (Brussels)
Belgium 28 contributions 2086 visits
On 22 May 2020 the Belgian Competition Authority (BCA) published three new guidelines: (i) new guidelines regarding the informal opinions of the BCA’s President; (ii) new guidelines regarding the calculation of fines; and (iii) new leniency guidelines. Below we set out the most important (...)

The Moroccan Competition Authority publishes its first annual report since the adoption of the Moroccan competition law in 2014
UGGC (Paris)
France 9 contributions 11091 visits
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UGGC (Paris)
France 2 contributions 434 visits
The Moroccan Competition Council has published, during the summer of 2020, its first annual report since the adoption of the new Moroccan competition law in 2014 and the reactivation of the Competition Council at the end of 2018. Indeed, as stated in a previous article published in the (...)

The Hong Kong Competition Authority reminds businesses participating in anti-COVID-19 subsidy programs to adhere to the Competition Ordinance Free
Hong Kong Competition Commission
Hong Kong 24 contributions 4765 visits
Competition Commission reminds businesses participating in anti-epidemic subsidy programmes to adhere to the Competition Ordinance* The Competition Commission (Commission) is aware that the Government has recently introduced various subsidy programmes to assist businesses and individuals (...)

The Finnish Competition Authority’s investigation of the national agency for historical preservation results in commitment to pro-competitive measures (Finnish Heritage Agency)
Finnish Competition and Consumer Authority (Helsinki)
Finland 64 contributions 9818 visits
The Finnish Heritage Agency is committed to undertake measures to improve neutral competition conditions* The Finnish Competition and Consumer Authority (FCCA) has investigated into the business activities carried out by the Finnish Heritage Agency on the archaeological research market. As the (...)

The Hellenic Competition Authority requests a consultation from a Finnish firm on the competitiveness of the Greek mobile data connectivity market
Kyriakides Georgopoulos (Athens)
Greece 6 contributions 2000 visits
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Kyriakides Georgopoulos (Athens)
Greece 60 contributions 980 visits
In May 2020, the summary of a study of a Finnish research and consulting firm commissioned by the HCC was published on the competitiveness of the Greek mobile data connectivity market. In particular, the Hellenic Competition Commission (“HCC”) has requested from an independent Finnish consulting (...)

Anticompetitive practices

 The German Government adopts an amendment to act against restraints of competition to mitigate the consequences of COVID-19 pandemic on competition law enforcement Free
Court of First Instance of Namur (Namur)
Belgium 224 contributions 42567 visits
On 28 May 2020, an amendment to the Act against Restraints of Competition which aims at mitigating the consequences of the COVID-19 pandemic on competition law enforcement was published in the Federal Gazette. The amendment adjusts the law with regard to two specific provisions where companies (...)

The Indian Company Law Appellate Tribunal clarifies the emerging jurisprudence on hub-and-spoke cartel and standing requirements in a case concerning two ride-hailing platforms in the automobile services market for fixing cab fares through their apps (Uber / Ola)
Khaitan (New Delhi)
India 3 contributions 1290 visits
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Khaitan (New Delhi)
India 1 contribution 450 visits
In a relief to the multinational giant, Uber, and home-grown Ola (collectively, Ride-hailing Platforms), the National Company Law Appellate Tribunal (NCLAT) – India’s appeal tribunal for competition matters – dismissed an appeal filed by Samir Agrawal (Informant). In doing so, the NCLAT has upheld (...)

The Indian Competition Appellate Tribunal gives a decisive ruling for appeals of orders of the Indian Competition Authority (Maj. Pankaj Rai)
Gujarat National Law University (Gandhinagar)
India 3 contributions 439 visits
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Gujarat National Law University (Gandhinagar)
India 2 contributions 373 visits
The National Company Law Appellate Tribunal (NCLAT) in New Delhi, India’s appellate tribunal for competition matters has given a decisive ruling for appeals of orders of the Competition Commission of India (CCI). In Maj. Pankaj Rai v Secretary, Competition Commission of India decided in May, (...)

The New Zealand Competition Authority releases guidelines on anticompetitive agreements temporarily allowed due to COVID-19 Free
New Zealand Commerce Commission (Wellington)
New Zealand 81 contributions 11313 visits
Commission releases guidelines on approach to authorisations after law change* The Commerce Commission has released guidelines on its approach to authorisation of some agreements as a result of temporary changes made to the Commerce Act under the COVID-19 Response (Further Management Measures) (...)

The Swedish Competition Authority fines a municipality for illegal direct award of a contract for a golf course (Kalix Municipality)
Swedish Competition Authority (Stockholm)
Sweden 57 contributions 7703 visits
Kalix has performed an illegal direct award of the operation of a golf course* Kalix Municipality has performed an illegal direct award of the operation of a golf course. This is the conclusion of the Swedish Competition Authority, which is now presenting a claim for the municipality to be (...)

The Italian Competition Authority publishes its communication on cooperation agreements in the context of the COVID-19 pandemic Free
Portolano Cavallo (Milan)
Italy 38 contributions 4101 visits
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Portolano Cavallo (Paris)
France 3 contributions 130 visits
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Portolano Cavallo (Milan)
Italy 18 contributions 2666 visits
On May 27, 2020, for the first time the Italian Competition Authority (“AGCM”) applied its communication on cooperation agreements in the context of the COVID-19 emergency (“Italian Communication”), applicable since April 24, 2020. Two national associations of pharmaceutical distributors (...)

The Dutch Competition Authority fines a cigarette manufacturer for hub-and-spoke cartel (British American Tobacco International / JT International Company Netherlands / Philip Morris / Van Nelle Tabak Nederland)
Bird & Bird (Amsterdam)
Netherlands 6 contributions 1997 visits
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Bird & Bird (Amsterdam)
Netherlands 33 contributions 5644 visits
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Bird & Bird (The Hague)
Netherlands 11 contributions 3374 visits
On 27 May 2020, the Dutch Authority for Consumers and Markets ("ACM") imposed a fine of € 82 million on four cigarette manufacturers for indirect information exchanges in violation of Article 101 TFEU and 6 Dutch Competition Act. It is the first fine ACM has given for indirect information (...)

The OECD issues note on co-operation between competitors in the time of COVID-19 Free
OECD - Competition Division (Paris)
France 292 contributions 938484 visits
In the extraordinary circumstances of the COVID-19 crisis, there are a number of reasons that may push competing companies to collaborate with one another and a number of ways in which consumers and the economy may benefit from these collaborations. This note examines some typical situations (...)

The Portuguese Competition Authority imposes on the national football league a precautionary measure to suspend its no-poaching agreement, invoking issues caused by the COVID-19 pandemic (Portuguese Professional Football League) Free
Portuguese Competition Authority (Lisbon)
Portugal 71 contributions 19343 visits
Covid - 19: AdC imposes precautionary measure on the Portuguese Football League that suspends no-poach agreement* The AdC ordered the Portuguese Professional Football League (LPFP in Portuguese) to immediately suspend the no-poach agreement, an agreement to not recruit or hire another clubs’ (...)

The Paris Court of Appeal confirms the Competition Authority’s decision to fine an IT undertaking for obstructing a competition investigation (Akka)
Ashurst (Paris)
France 22 contributions 4213 visits
On 26 May 2020, the Paris Court of appeal ("Court") confirmed the fine imposed by the French Competition Authority ("FCA") on an undertaking for having obstructed a competition investigation. On 22 May 2019, the FCA adopted its first decision sanctioning a company for having obstructed a (...)

The Dutch Competition Authority allows hospitals and pharmaceutical wholesalers to collaborate during COVID-19 outbreak to prevent or reduce any shortages of essential drugs Free
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 153 contributions 22629 visits
ACM: room for collaboration involving the distribution of essential drugs for COVID-19 patients* Hospitals, hospital pharmacies, and pharmaceutical wholesalers are allowed to collaborate closely with each other during the current coronavirus (COVID-19) outbreak in order to prevent or reduce (...)

The EU Commission publishes a report on the vertical block exemption regulation and the accompanying guidelines on vertical restraints
Covington & Burling (Brussels)
Belgium 14 contributions 5161 visits
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Covington & Burling (Brussels)
Belgium 34 contributions 11227 visits
On 25 May 2020, the European Commission (“Commission”) has published its Final Report of the support studies for the evaluation of its Vertical Block Exemption Regulation (“VBER”) and the accompanying Guidelines on Vertical Restraints (the “Final Report”). The Final Report was published following a (...)

The Lithuanian Competition Authority warns travel organizers not to interfere with travel agencies’ pricing or discount decisions
Lithuanian Competition Authority (Vilnius)
Lithuania 74 contributions 11908 visits
Konkurencijos taryba warns travel agencies to refrain from anti-competitive behaviour* The Lithuanian competition authority Konkurencijos taryba responded to information on social media and warned travel agencies that their actions may be viewed as anti-competitive when some of them requested (...)

The Portuguese Competition Authority issues guidance aimed at three business associations in the pharmaceutical and financial sectors to reaffirm the need to apply competition rules during the COVID-19 pandemic (National Association of Pharmacies / Portuguese Banking Association / Association of Specialized Credit Institutions) Free
Portuguese Competition Authority (Lisbon)
Portugal 71 contributions 19343 visits
Covid-19: AdC warns associations of the need to comply with competition rules* The Competition Authority (AdC) issued guidance aimed at three business associations in the pharmaceutical and financial sectors, in the context of the Covid-19 pandemic, reaffirming the need to apply competition (...)

The Spanish Supreme Court sheds light on the liability of cartel members not directly active in the relevant market (FENIN)
Callol, Coca & Asociados (Madrid)
Spain 126 contributions 37170 visits
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Callol, Coca & Asociados (Madrid)
Spain 60 contributions 2305 visits
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Callol, Coca & Asociados (Madrid)
Spain 23 contributions 2154 visits
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In 2016, the CNMC fined €128.8 million on seven manufacturers, a business association (the Spanish Federation of Healthcare Technology Companies (FENIN)) and four individuals for setting up a price-fixing cartel of adult diapers sold in pharmacies (Decision of 26 May 2016, AIO, file S/DC/0504/14 (...)

The US Court of Appeals for the Ninth Circuit rules against a sports association’s policy of limiting the compensation paid to student-athletes and affirms limited injunctions (NCAA / Alston)
Hogan Lovells (Washington)
United States 1 contribution 49 visits
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Hogan Lovells (Washington)
United States 1 contribution 49 visits
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Hogan Lovells (Washington)
United States 1 contribution 49 visits
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On 18 May 2020 the U.S. Court of Appeals for the Ninth Circuit ruled against the National Collegiate Athletic Association (NCAA) in an antitrust case challenging the association’s policy of limiting the compensation paid to student-athletes. The decision is the latest concerning the NCAA’s (...)

The US DoJ announces its first approval of a COVID-19 competitor collaboration which is not involving medical supplies Free
Robins Kaplan (New York)
United States 1 contribution 405 visits
DOJ Signs Off On First COVID-Related Competitor Collaboration Not Involving Medical Supplies* On May 15, 2020, the Antitrust Division of the Department of Justice announced its first approval of a COVID-19 competitor collaboration that does not involve equipment or medications directly related (...)

The US DoJ allows collaboration among the nation’s leading hog farmers to address meat shortages caused by the COVID-19 pandemic (National Pork Producers Council) Free
US Department of Justice (Washington)
United States 102 contributions 28512 visits
Department of Justice Supports National Pork Producers Council’s Ability to Combat Meat Shortage* The Department of Justice (Department) issued a letter to today to the National Pork Producers Council, the nation’s leading association of hog farmers, to address its proposed responses to (...)

The Slovakian Council of the Antimonopoly Office imposes fines totaling €6.7 million for a cartel agreement between dealers of motor vehicles (Volkswagen)
Bird & Bird (Bratislava)
Slovakia 1 contribution 150 visits
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Bird & Bird (Prague)
Czech Republic 25 contributions 3359 visits
On 15 May 2020 the Council of the Antimonopoly Office of the Slovak Republic ("CAOS") changed the first-instance decision of the Antimonopoly Office of the Slovak Republic ("AOS") dated 3 February 2020 and imposed fines totalling of EUR 6,7 million for a cartel agreements between dealers of (...)

The EU Court of Justice partially annuls the General Court power cables cartel decision and reduces the fine imposed by €200,000 (NKT)
Van Bael & Bellis (Brussels)
Belgium 367 contributions 82281 visits
On 14 May 2020, the Court of Justice of the European Union (the “Court of Justice”) partly set aside a judgment of the General Court dismissing the action brought by NKT Verwaltungs GmbH (formerly nkt cables GmbH) and NKT A/S (formerly NKT Holding A/S) (together, “NKT”) in the Power Cables cartel (...)

The EU Court of Justice partially quashes the General Court’s decision and reduces the fines on eleven producers of high voltage power cables for their participation in a global market-sharing cartel (NKT)
Ashurst (Brussels)
Belgium 1 contribution 219 visits
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Ashurst (Brussels)
Belgium 44 contributions 42779 visits
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Ashurst (Brussels)
Belgium 30 contributions 5384 visits
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On 14 May 2020, the European Court of Justice (the "ECJ") partially quashed the General Court’s (the "GC") judgment upholding the European Commission’s ("Commission") power cables cartel decision with respect to NKT and its wholly owned subsidiary NKT Verwaltungs (together "NKT" or the (...)

The Hong Kong Competition Authority accepts voluntary commitments by three major online travel agents (Booking.com / Expedia / Trip.com)
Hong Kong Competition Commission
Hong Kong 24 contributions 4765 visits
Competition Commission accepts commitments offered by online travel agents* The Competition Commission (Commission) today announced the acceptance of voluntary commitments offered under section 60 of the Competition Ordinance (Ordinance) by three major online travel agents (OTAs), namely (...)

The US FTC approves final orders settling charges that reciprocal agreements between furniture rent-to-own operators are anticompetitive (Aaron’s / Buddy’s Newco / Rent-A-Center)
US Federal Trade Commission (FTC) (Washington)
United States 80 contributions 15233 visits
FTC Approves Final Orders Settling Charges that Rent-to-Own Operators Restrained Competition through Reciprocal Purchase Agreements* Following a public comment period, the Federal Trade Commission has approved final orders settling charges that rent-to-own operators Aaron’s Inc., Buddy’s Newco, (...)

The Turkish Competition Authority initiates its first pandemic related investigation against 29 undertakings operating in the different levels of food and cleaning/hygiene products market and announces that it will investigate the pricing behaviours Free
ACTECON (Istanbul)
Turkey 18 contributions 6602 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 7 contributions 1355 visits
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Esin (Istanbul)
Turkey 2 contributions 561 visits
The Turkish Competition Authority (“TCA”) on March 23, 2020 gave its heads up to undertakings that it was “closely following the price increases”, which it referred to as “opportunistic” during the pandemic . As such, the TCA warned in its announcement that it will impose the highest fines allowed by (...)

The Danish Competition Authority submits for public hearing new version of guidelines on joint bidding
Danish Competition and Consumer Authority (Copenhagen)
Denmark 109 contributions 28612 visits
Public hearing on guidelines on joint bidding* The Danish Competition and Consumer Authority has published a draft version of the guidelines “When companies bid jointly – guidelines for joint bidding under competition law”. The guidelines are now in public hearing. The Danish Competition and (...)

The US DoJ fines generic pharmaceutical company $24.1million for fixing price of widely used cholesterol medication and files for deferred prosecution agreement (Apotex)
US Department of Justice (Washington)
United States 102 contributions 28512 visits
Generic Pharmaceutical Company Admits to Fixing Price of Widely Used Cholesterol Medication* Apotex Corp. Agrees to Pay a $24.1 Million Criminal Penalty Apotex Corp., a generic pharmaceutical company headquartered in Florida, was charged with fixing the price of the generic drug pravastatin, (...)

The Guangzhou Intellectual Property Court rules its first trademark infringement and unfair competition case regarding parallel import, in which it finds such acts should constitute neither trademark infringement nor unfair competition (Opel Electric / Guangdong Shifu Electric)
King & Wood Mallesons (Beijing)
China 1 contribution 137 visits
First Trademark Infringement and Unfair Competition Case regarding Parallel Import Concluded by Guangzhou IP Court* Recently, Guangzhou IP Court ruled on its first trademark infringement and unfair competition case regarding parallel import, in which it found such acts should neither (...)

The German Federal Supreme Court rules that the European Central Bank should have explicitly considered whether there was an appropriate balance between the monetary policy effects of the Public Sector Purchase Programme and the economic effects, and the ruling denies the primacy of EU law over the German Basic Law (Dr. W... a.e.)
Delcade Avocats & Solicitors (Paris)
France 7 contributions 3488 visits
On 5 May 2020, the German Federal Constitutional Court sitting in Karlsruhe adopted its Dr. W... e.a. ruling by seven votes to one which results in a genuine declaration of war at the Court of Justice of the European Union. Dr. W… e.a. denies the primacy of EU law over the German Basic Law and (...)

The EU Commission announces the adoption of exceptional derogations from EU competition rules to allow certain types of cooperation in the agri-food industry during the COVID-19 outbreak Free
Morgan Lewis (London)
United Kingdom 3 contributions 516 visits
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Morgan Lewis (London)
United Kingdom 28 contributions 14811 visits
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Morgan Lewis (London)
United Kingdom 24 contributions 6562 visits
The European Commission (EC) on May 4 announced the adoption of exceptional derogations from EU competition rules to allow certain types of cooperation in the following sectors: milk and milk products, potatoes, and live plants and flowers, as part of a wider package to support the agri-food (...)

The UK Parliament adopts a dairy produce order which aims at relaxing UK competition law on certain aspects of cooperation between dairy suppliers and service producers to deal with the issues in the supply chain caused by the COVID-19 pandemic Free
Morgan Lewis (London)
United Kingdom 28 contributions 14811 visits
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Morgan Lewis (London)
United Kingdom 24 contributions 6562 visits
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Morgan Lewis (London)
United Kingdom 3 contributions 516 visits
The UK Parliament on May 1 adopted the Dairy Produce Order, which temporarily relaxes the application of UK competition law to certain types of cooperation between either dairy produce suppliers or logistic service providers to address issues in the supply chain caused by the ongoing (...)

The New Zealand Competition Authority issues guidance on business collaboration during COVID-19 Free
New Zealand Commerce Commission (Wellington)
New Zealand 81 contributions 11313 visits
COVID-19: Commission issues guidance on business collaboration* The Commerce Commission has issued guidance on how it is assessing business collaborations that are being entered into in response to COVID-19. Commission Chair Anna Rawlings said the guidance aims to provide clarity and (...)

The UK Government’s dairy produce order which relaxes the application of competition law in the dairy sector during COVID-19 pandemic has expired Free
Morgan Lewis (London)
United Kingdom 28 contributions 14811 visits
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Morgan Lewis (London)
United Kingdom 24 contributions 6562 visits
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Morgan Lewis (London)
United Kingdom 3 contributions 516 visits
The UK government’s Dairy Produce Order of May 1, 2020, which temporarily relaxed the application of UK competition law to certain types of cooperation in the dairy sector between dairy produce suppliers or dairy logistic service providers during the ongoing coronavirus (COVID-19) pandemic, (...)

Unilateral Practices

 The Belgian Government passes a law prohibiting companies from abusing non-dominant positions vis-à-vis companies that are economically dependent on them
Hogan Lovells (Brussels)
Belgium 6 contributions 1396 visits
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Hogan Lovells (Brussels)
Belgium 4 contributions 812 visits
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King & Spalding (Brussels)
8 contributions 3453 visits
A new form of competition law infringement will be enforceable in Belgium* (in addition to the prohibitions on anti-competitive agreements and abuses of a dominant position). The new Article IV.2/1 of the Belgian Competition Act (CA) will prohibit companies from abusing a non-dominant position (...)

The Indian Competition Appellate Tribunal interprets strictly ’sufficient cause’ in an appellate framework for Competition matters to tackle forum shopping practices (MAJ. PANKAJ RAI / NITT)
Gujarat National Law University (Gandhinagar)
India 2 contributions 373 visits
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Gujarat National Law University (Gandhinagar)
India 3 contributions 439 visits
The National Company Law Appellate Tribunal (NCLAT) in New Delhi, India’s appellate tribunal for competition matters has given a decisive ruling for appeals of orders of the Competition Commission of India (CCI). In Maj. Pankaj Rai v Secretary, Competition Commission of India decided in May, (...)

The Croatian Competition Authority finds a lack of standing to act against a public forestry and woodland management company for allegations of discriminatory behavior in the public tenders for the sale of wood chips and firewood for the production of electricity and heat (Hrvatske šume)
Croatian Competition Agency (Zagreb)
Croatia 73 contributions 12587 visits
Lack of standing to act against Hrvatske šume* Following a complaint by an anonymous complainant alleging discriminatory behaviour, in the market investigation that the Croatian Competition Agency (CCA) carried out within the case Class: 034-08/19-01/022, it investigated the contracts on the (...)

The Mexican Competition Authority launches public consultation on the guide to process the investigation procedure for absolute monopolistic practices
Mexican Competition Authority (Mexico City)
Mexico 88 contributions 17204 visits
COFECE launches public consultation on the guide to process the investigation procedure for absolute monopolistic practices* PUBLIC CONSULTATION ON THE DRAFT MODIFICATIONS TO THE GUIDE TO FILE THE INVESTIGATION PROCEDURE FOR ABSOLUTE MONOPOLISTIC PRACTICES Pursuant to articles 28, paragraphs (...)

The Amsterdam Court of Appeal finds no abuse of dominance by one of the largest national real estate agencies in its ranking of online advertisements (VBO / NVM / Funda)
Bird & Bird (Amsterdam)
Netherlands 2 contributions 354 visits
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Bird & Bird (Amsterdam)
Netherlands 33 contributions 5644 visits
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Bird & Bird (The Hague)
Netherlands 29 contributions 5008 visits
On 26 May 2020, the Amsterdam Court of Appeal (“Court”) delivered its judgment in a dispute between the real estate association VBO Makelaars (“VBO”) versus the Dutch Association of Real Estate Agents (“NVM”) over the online real estate platform of Funda Real Estate (“Funda”). The Court assumed that (...)

The Amsterdam Court of Appeal dismisses a claim that a real estate agency’s self-preferencing strategy is abusive because the competitive position remained unaffected (VBO / NVM / Funda)
European Court of Justice (Luxembourg)
Luxembourg 9 contributions 1283 visits
On 26 May 2020, the Amsterdam Court of Appeal (the “Court”) handed down its judgment in the dispute between the real estate agent association VBO (“VBO”) and Funda Real Estate (“Funda”) and the Dutch Association of Real Estate Agents (“NVM”). The Court upheld the judgment of the District Court finding (...)

The OECD issues note on exploitative pricing in the time of COVID-19 Free
OECD - Competition Division (Paris)
France 292 contributions 938484 visits
One of the many consequences of the COVID-19 crisis is the disruption of supply chains. Together with increased demand, this has led to shortages in a number of essential products. These shortages are influencing the behaviour of firms and may have led to potentially exploitative prices in some (...)

The Amsterdam Court of Appeal rules that there is no abuse of dominance by one of the largest national real estate agencies in the online housing market (VBO / NVM / Funda)
Leiden Law School (Hague)
Netherlands 1 contribution 164 visits
In its judgment, on the 26th May 2020, the Amsterdam Court of Appeal (‘the Court’) ruled that there is no abuse of Funda’s dominant position. The Court hereby dismissed the claim which had been filed by VBO Estate Agents in The Netherlands against Funda. This judgment ended a six-year-old dispute (...)

The Finnish Competition Authority proposes a €9 million fine against import & hardware company for resale price maintenance (Isojoen Konehalli Oy)
Finnish Competition and Consumer Authority (Helsinki)
Finland 64 contributions 9818 visits
FCCA proposes a penalty of EUR 9 million to IKH for resale price maintenance* The Finnish Competition and Consumer Authority (FCCA) proposes that the Market Court impose a penalty of EUR 9 million on Isojoen Konehalli Oy (IKH) for engaging in illegal resale price maintenance (RPM). In (...)

The Turkish Regional Administrative Court annuls the Competition Authority’s decision that concluded a violation but no fine because the same action and subject had already previously been fined (Mey İçki)
ACTECON (Istanbul)
Turkey 18 contributions 6602 visits
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ACTECON (Istanbul)
Turkey 6 contributions 1677 visits
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ACTECON (Istanbul)
Turkey 5 contributions 939 visits
The Regional Administrative Court Found the Turkish Competition Authority’s Decision concerning Mey İçki Unlawful: Abuse of the Dominance Should Be Evaluated Separately in terms of Each Product Market!* Introduction The Ankara Regional Administrative Court’s 8th Administrative Chamber (“Regional (...)

The Kosovo Competition Authority fines 14 oil derivative companies for disrupting competition in the fuel market
Kosovo Competition Commission
1 contribution 19 visits
Fines over 4 Million Euros on fuel companies* The Kosovo Competition Authority has decided to impose fines in the total amount of € 4,040,450.78 of the total revenues of the six (6) months of 2018 to 14 oil derivative companies, which have been under investigation by the KCA since from 2019 (...)

The German Federal Court of Justice issues a judgment in a case involving SEP licensing negotiations on FRAND terms between two companies active in the mobile telecommunications market (Sisvel / Haier)
Van Bael & Bellis (Brussels)
Belgium 119 contributions 30836 visits
On 5 May 2020, the German Federal Court of Justice (Bundesgerichtshof - the “FCJ”) delivered a judgment in a case pitting Sisvel against Haier which deals with the licensing of Standard Essential Patents (“SEP”) on terms that are fair, reasonable and non-discriminatory (“FRAND”). This is the first (...)

The German Federal Court of Justice rules on SEP licensing negotiations on FRAND terms in the mobile telecommunications market (Sisvel / Haier)
McDermott Will & Emery (Dusseldorf)
Germany 2 contributions 517 visits
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McDermott Will & Emery (Dusseldorf)
Germany 2 contributions 517 visits
The German Federal Court of Justice (FCJ) has issued its decision in a landmark case regarding standard essential patents (SEPs) and fair, reasonable and nondiscriminatory (FRAND) licensing of SEPs. The judgment, dated 5 May 2020, was handed down in litigation between the Sisvel patent pool and (...)

The German Federal Court of Justice clarifies obligations of parties in SEP licensing negotiations on FRAND terms (Sisvel / Haier)
Van Bael & Bellis (Brussels)
Belgium 19 contributions 2410 visits
In its judgment of 5 May 2020, the Federal Court of Justice (“FCJ”) overturned the appeal ruling of the Higher Regional Court of Düsseldorf (the “Düsseldorf Court”) and found that Haier’s mobile telephones and tablets infringed Sisvel’s standard-essential patent (“SEP”) and that Sisvel had not abused (...)

The Dutch Competition Authority suspends enforcement proceedings against a national postal operator because the initiating competitor has since been acquired by the national postal operator, resulting in fundamental changes in the market organization (PostNL / Sandd)
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 153 contributions 22629 visits
ACM suspends enforcement proceedings against Dutch postal operator PostNL* The Netherlands Authority for Consumers and Markets (ACM) has decided to suspend its enforcement proceedings against Dutch postal operator PostNL, which had been initiated following a request for enforcement filed by (...)

The Cypriot Competition Authority fines detergent seller €3.3M for abuse of dominance and obstruction of parallel imports of its products by competitors (Κ.A.C. Constantinides Trading / GPM-Henkel)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 14 contributions 2687 visits
The Commission for the Protection of Competition has imposed on Henkel AG & Co. KGaA, jointly and severally with GPM-Henkel Ltd, a total administrative fine amounting to €3.302.000 (three million, three hundred and two thousand euro) for infringement of Section 6(1)(b) of the Law and the (...)

Mergers

 The Australian Competition Authority seeks public comment on proposed divestments in an animal health business merger (Bayer / Elanco)
Australian Competition and Consumer Commission (Canberra)
Australia 259 contributions 49041 visits
Elanco proposes divestments of some animal health products in Bayer acquisition* The ACCC is seeking views on a divestment undertaking offered by Elanco in relation to its proposed acquisition of Bayer Aktiengesellschaft’s animal health business. The ACCC has preliminary competition concerns (...)

The US FTC finishes public consultation period and clears a pharmaceutical merger subject to divestments in highly concentrated markets that supply biopharmaceutical companies with key inputs (Danaher / GE Biopharma)
US Federal Trade Commission (FTC) (Washington)
United States 80 contributions 15233 visits
FTC Approves Final Order Settling Charges that Danaher Corporation’s Acquisition of GE Biopharma Was Anticompetitive* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Danaher Corporation’s acquisition of GE Biopharma would likely (...)

The German Parliament mitigates the consequences of COVID-19 by adopting a bill and temporarily amending national competition law to extend merger control review periods and suspend interest payments for antitrust fines Free
Morgan Lewis (Brussels)
Belgium 8 contributions 2741 visits
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Buntscheck (Munich)
3 contributions 873 visits
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Morgan Lewis (Brussels)
Belgium 2 contributions 578 visits
Two key amendments to the German competition law entered into effect on May 29, 2020, temporarily extending merger control review periods and temporarily suspending interest payments for antitrust fines, further to a bill adopted by the German Parliament to mitigate the consequences of the (...)

The EU Commission waives all structural remedies committed to by merging pharmaceutical parties due to new significant permanent changes in market conditions during the divestiture process (Takeda / Shire)
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
Mergers: Commission waives the commitments made by Takeda to obtain clearance of its acquisition of Shire* The European Commission has waived, under the EU Merger Regulation, the commitments made by Takeda to obtain clearance of its acquisition of Shire. The Commission approved the (...)

The Italian Administrative Supreme Court reinstates remedies imposed by the Competition Authority to mitigate the effects of the acquisition of certain assets of the digital terrestrial Pay-TV (Sky Italia / R2)
Ashurst (Brussels)
Belgium 44 contributions 42779 visits
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Ashurst (Milan)
Italy 101 contributions 25095 visits
On 28 May 2020, the Italian Administrative Supreme Court ("CoS") reinstated remedies imposed by the Italian Competition Authority ("ICA" or "Authority") to mitigate the effects of the acquisition by Sky Italia Holding S.p.A. ("Sky") of certain assets of the digital terrestrial Pay-TV owned by (...)

The EU Commission waives commitments regarding the merger between two pharmaceutical companies (Takeda / Shire)
Zepos & Yannopoulos (Athens)
Greece 32 contributions 2021 visits
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Zepos & Yannopoulos (Athens)
Greece 32 contributions 1634 visits
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Zepos & Yannopoulos (Athens)
Greece 28 contributions 1371 visits
On 28 May 2020, the European Commission waived in their entirety the structural remedies that had been submitted by Takeda in 2018 to have its acquisition of Shire greenlit. The Commission’s market investigation with regard to Takeda’s waiver request revealed a number of permanent, significant (...)

The US FTC clears merger of medical device companies subject to the divestment of one’s myoelectric elbows business to competitors (College Park Industries / Össur Hf)
US Federal Trade Commission (FTC) (Washington)
United States 80 contributions 15233 visits
FTC Approves Final Order Imposing Conditions on Össur Hf’s Acquisition of College Park Industries, Inc.* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Össur Hf’s proposed acquisition of College Park Industries, Inc. would violate (...)

The EU General Court annuls the Commission’s decision to block the proposed merger in the UK sector of the mobile telephony market (Telefónica UK / Hutchison 3G UK)
General Court of the European Union (Luxembourg)
Luxembourg 31 contributions 11323 visits
The General Court annuls the Commission’s decision to block the proposed acquisition of Telefónica UK by Hutchison 3G UK in the sector of the mobile telephony market* On 11 May 2016, [1] the Commission adopted a decision in which it blocked, under the Merger Regulation, [2] the proposed (...)

The EU General Court annuls the Commission’s decision prohibiting a proposed acquisition between two telecom operators with potentially significant implications for the EU merger control policy (Telefónica UK / Hutchison 3G UK)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 42567 visits
1. SUMMARY On 28 May 2020, the EU’s General Court handed down a ruling annulling the European Commission’s decision prohibiting the proposed acquisition of Telefónica UK (“O2”) by Hutchison 3G UK (“Three”). The ruling has potentially significant implications for mergers in the telecoms sector, as (...)

The EU General Court overturns the EU Commission’s prohibition of a mobile telecommunications merger (Telefónica UK / Hutchison 3G UK)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 7 contributions 6327 visits
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Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 8 contributions 1793 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 24 contributions 30754 visits
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In a landmark Judgment delivered on May 28, the General Court overturned the European Commission’s 2016 prohibition of the Three/O2 UK mobile telecommunications merger. The Judgment raises the bar for the Commission in respect of (1) the legal standard the Commission must meet; (2) the closeness (...)

The EU General Court annuls the Commission’s decision prohibiting an oligopolistic merger between two mobile network operators in the telecommunication sector on the basis that it did not result in the creation or strengthening of a dominant position (Telefónica UK / Hutchison 3G UK)
Herbert Smith Freehills (London)
United Kingdom 14 contributions 4325 visits
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Herbert Smith Freehills (Brussels)
Belgium 80 contributions 54034 visits
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Herbert Smith Freehills (London)
United Kingdom 38 contributions 11254 visits
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On 28 May 2020 the General Court handed down its ruling in CK Telecoms UK Investment Ltd v European Commission (Case T-399/16) in which it annulled the EU Commission’s decision which prohibited the proposed acquisition by CK Hutchison Holdings Ltd (Hutchison) of Telefónica Europe plc (O2). The (...)

The EU General Court annuls the Commission’s decision prohibiting the acquisition of two telecommunication companies (Telefónica UK / Hutchison 3G UK)
Government Legal Department (London)
17 contributions 1774 visits
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Van Bael & Bellis (Brussels)
Belgium 226 contributions 64729 visits
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Van Bael & Bellis (Brussels)
Belgium 19 contributions 4829 visits
1. Summary On 28 May 2020, the EU General Court handed down a ruling annulling the European Commission’s (“Commission”) decision prohibiting the proposed acquisition of Telefónica UK (“O2”) by Hutchison 3G UK (“Three”). The ruling has potentially significant implications for mergers in the telecoms (...)

The EU General Court annuls the Commission’s prohibition of a merger between two of UK’s four mobile network operators after finding errors in the analysis of alleged anticompetitive effects whilst conducting its acquisition review (Telefónica UK / Hutchison 3G UK)
Baker Botts (Brussels)
Belgium 23 contributions 13324 visits
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Baker Botts (Brussels)
Belgium 9 contributions 5300 visits
Firm Thought Leadership In what is destined to rank as one of the most significant judicial knockbacks of the European Commission (“Commission”) in the area of merger control for many years, the EU’s General Court (“Court”) has annulled the decision by the Commission in 2016 to prohibit the merger (...)

The Danish Competition Authority conditionally clears an acquisition in the natural gas sector subject to the divestment of 107,000 consumers (SEAS-NVE / Ørsted)
Bird & Bird (Copenhagen)
Denmark 24 contributions 1966 visits
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Bird & Bird (Copenhagen)
Denmark 34 contributions 4536 visits
On 28 May 2020, the Danish Competition and Consumer Authority (DCCA) received a complete notification of SEAS-NVE A/S’ (SEAS-NVE) acquisition of control of several subsidiaries of Ørsted A/S. Based on an overall assessment, the DCCA assessed that the merger would give rise to unilateral effects (...)

The EU General Court annuls the Commission’s decision prohibiting a merger between two telecommunication companies (Telefónica UK / Hutchison 3G UK)
DG COMP (Brussels)
Belgium 13 contributions 9095 visits
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Shearman & Sterling (Brussels)
Belgium 13 contributions 4743 visits
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Shearman & Sterling (London)
United Kingdom 16 contributions 11096 visits
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Under the leadership of Margrethe Vestager, the European Commission has taken an increasing interventionist stand across all areas of antitrust enforcement, in particular in merger control. The EU’s General Court dealt that aggressive agenda a massive blow by annulling the first of her many (...)

Non-collusive oligopoly gap: The EU General Court annuls the Commission’s prohibition of a four-to-three merger in the UK telecoms sector, in the first judgment to directly deal with the legal test for “gap cases” (Telefónica UK / Hutchison 3G UK)
University of Tokyo
Japan 10 contributions 5168 visits
In May 2020, the General Court rendered its long-awaited judgment on the appeal against the Commission’s decision to prohibit Hutchison’s acquisition of O2, a deal that would have combined two of the UK’s four mobile network operators. The judgment is a resounding victory for the applicant, (...)

The EU General Court annuls the Commission’s prohibition of the merger between two telecommunications companies and clarifies the application of the SIEC test to non-coordinated effects in oligopolistic markets (Hutchison 3G / Telefonica)
Zepos & Yannopoulos (Athens)
Greece 32 contributions 2021 visits
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Zepos & Yannopoulos (Athens)
Greece 32 contributions 1634 visits
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Zepos & Yannopoulos (Athens)
Greece 28 contributions 1371 visits
On 28 May 2020, the EU General Court issued a ruling annulling the European Commission’s decision prohibiting the proposed acquisition of Telefónica UK by Hutchison 3G UK. The Commission had examined this transaction as a “four-to-three” merger and had blocked it in 2016, in line with its generally (...)

The French Competition Authority clears merger in food retail sector in La Réunion after in-depth investigation, subject to conditions (Vindémia / Groupe Bernard Hayot)
French Competition Authority (Paris)
France 659 contributions 289290 visits
Food retail sector in La Réunion: the Autorité de la concurrence clears the acquisition of Vindémia by Groupe Bernard Hayot, subject to conditions* On 24 January 2020, Groupe Bernard Hayot (GBH) notified the Autorité de la concurrence of its acquisition of sole control of Vindémia Group, which (...)

The German Competition Authority clears second largest private hospital merger in phase I (Asklepios / Rhön-Klinikum)
German Competition Authority (Bonn)
Germany 353 contributions 81025 visits
Bundeskartellamt clears merger between Asklepios and Rhön-Klinikum* The Bundeskartellamt has cleared the planned acquisition of up to 100% of the shares in and sole control of Rhön Klinikum AG, Bad Neustadt/Saale, by Asklepios Kliniken GmbH & Co. KGaA, Hamburg, in the first phase of merger (...)

The EU Commission opens in-depth investigation into a proposed merger between 2 leading airlines operating routes between Canada and Europe while recognizing the target markets are significantly impacted by the COVID-19 outbreak (Transat / Air Canada) Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
Mergers: Commission opens in-depth investigation into proposed acquisition of Transat by Air Canada* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Transat by Air Canada, under the EU Merger Regulation. The Commission is concerned that the (...)

The UK Competition Authority cancels its Phase II investigation as building supply companies abandon merger (Kingspan / Building Solutions)
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 234 contributions 56048 visits
Building supply companies abandon merger during CMA investigation* Kingspan has abandoned its proposed deal with Building Solutions during an in-depth CMA probe. The Competition and Markets Authority (CMA) has therefore today confirmed that it will be cancelling its Phase 2 merger (...)

The Dutch Competition Authority conditionally allows a joint venture of the nation’s largest public-transport company and of the transport network company to create a travel app together (Dutch Railways NS / Pon)
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 153 contributions 22629 visits
Mobility service provider Pon en Dutch Railways NS are conditionally allowed to create travel app together* Dutch Railways NS and Pon are allowed to create a new company, which will operate an app that allows consumers to plan, book and pay for their trips, combining different modes of (...)

The Californian Government debates a bill which, if passed, would broaden the type of healthcare transactions that require California AG review and approval prior to any acquisition of or affiliation with a healthcare facility or provider
McDermott Will & Emery (Los Angeles)
United States 1 contribution 63 visits
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McDermott Will & Emery (Chicago)
United States 1 contribution 63 visits
California Senate Bill (SB) 977, if passed, would broaden the type of healthcare transactions that require California Attorney General (AG) review and approval. SB 977 would require that a healthcare system, private equity group or hedge fund provide written notice to, and obtain the written (...)

The Dutch Competition Authority clears merger between 2 educational institutions because they offer education to different target audiences (TIO University of Applied Sciences / NCOI)
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 153 contributions 22629 visits
ACM clears acquisition of educational institution TIO by rival institution NCOI* Dutch educational institution NCOI is allowed to acquire rival institution TIO University of Applied Sciences. Both TIO and NCOI offer professional courses, as well as accredited vocational programs at the upper (...)

The Chinese State Administration for Market Regulation clears an acquisition in auto parts sector subject to conditions (ZF / WABCO)
King & Wood Mallesons (Beijing)
China 13 contributions 1393 visits
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King & Wood Mallesons (Beijing)
China 3 contributions 555 visits
On 15 May 2020, the State Administration for Market Regulation (“SAMR”) in China conditionally approved ZF Friedrichshafen AG (“ZF”)’s acquisition of WABCO Holdings, Inc. (“WABCO”, ZF and WABCO collectively as the “Parties”) following a 180-day extended Phase 2 review. It is noteworthy that the SAMR is (...)

The Finnish Competition Authority opens in-depth investigation into a merger of 2 financial services companies (Loomis / Automatia)
Finnish Competition and Consumer Authority (Helsinki)
Finland 64 contributions 9818 visits
FCCA opens in-depth investigation into the proposed merger of Loomis and Automatia* The Finnish Competition and Consumer Authority (FCCA) has initiated further proceedings regarding the proposed merger in which Loomis AB would acquire Automatia Pankkiautomaatit Oy from the banking companies (...)

The French Competition Authority clears the acquisition of certain jet manufacturer’s assets by aerospace components manufacturer (Short Brothers / Bombardier / Spirit)
French Competition Authority (Paris)
France 659 contributions 289290 visits
The Autorité de la concurrence clears the acquisition of Bombardier assets by Spirit* The Spirit group notified the Autorité de la concurrence of its plans to acquire sole control of the companies Short Brothers plc. and Bombardier North Africa SAS, as well as certain assets belonging to (...)

The US DoJ files proposed final judgment with US District Court for the Northern District of Ohio requiring divestiture following historic arbitration win (Novelis / Aleris Corporation)
US Department of Justice (Washington)
United States 102 contributions 28512 visits
Justice Department Requires Divestiture Following Historic Arbitration Win* Divestiture Will Preserve Competition for Aluminum Automotive Body Sheet in North America The Department of Justice announced today that it has filed a proposed final judgment with the U.S. District Court for the (...)

The US DoJ moves to vacate its loss in a booking services market acquisition decision on the basis that the competition effects may heighten the agencies’ burden of proof and merger enforcement (Sabre / Farelogix)
Baker Botts (Washington)
United States 2 contributions 268 visits
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Baker Botts (Washington)
United States 1 contribution 111 visits
On May 12, 2020, the Department of Justice moved the U.S. Court of Appeals for the Third Circuit to vacate the U.S. District Court for the District of Delaware’s U.S. v. Sabre Corp. opinion. In an opinion released on April 7, the court rejected DOJ’s challenge to the proposed merger of Sabre and (...)

The French Competition Authority clears merger in the conference organization markets (Europa Group / Comexposium)
French Competition Authority (Paris)
France 659 contributions 289290 visits
The Autorité clears the takeover of the group Europa by Comexposium* The Autorité de la concurrence has examined the proposed acquisition of full control of the group Europa, which is active in the organisation of conferences and other events sector, by Comexposium. The parties to the (...)

The Spanish Competition Authority authorizes the merger of travel agencies (Barceló / Globalia)
Callol, Coca & Asociados (Madrid)
Spain 23 contributions 2154 visits
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Callol, Coca & Asociados (Madrid)
Spain 64 contributions 20207 visits
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Callol, Coca & Asociados (Madrid)
Spain 60 contributions 2305 visits
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On 8 May 2020, the CNMC has authorized in phase 1 the acquisition by Barceló Corporación Empresarial (Barceló) of exclusive control of assets belonging to Globalia Corporación Empresarial (Globalia), essentially, its wholesale and retail travel agency and occasional road passenger transportation (...)

The Australian Competition Authority blocks a proposed merger between a fixed-line provider and a mobile network operator (TPG / VHA)
Ashurst (Sydney)
Australia 8 contributions 2323 visits
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Ashurst (Sydney)
Australia 5 contributions 220 visits
Following an 8 month investigation, on 8 May 2019, the Australian Competition and Consumer Commission ("ACCC") announced its decision to oppose the proposed merger between fixed-line provider TPG Telecom ("TPG") and mobile network operator Vodafone Hutchinson Pty Limited ("VHA"). VHA and TPG (...)

The Spanish Competition Authority clears merger of travel agencies (Barceló / Globalia) Free
Spanish Competition Authority (Madrid)
Spain 61 contributions 12726 visits
The CNMC authorises Barceló to purchase Globalia’s travel agency business* The CNMC has authorised, in the first phase, Barceló to acquire exclusive control of Globalia’s travel agency business. We do not anticipate this operation to have any adverse effects on competition in the markets affected (...)

The Irish Competition Authority announces commencement of a simplified merger notification procedure regime
Irish Competition Authority (Dublin)
Ireland 58 contributions 9940 visits
Simplified Merger Notification Procedure Regime to commence on 1 July 2020* The Competition and Consumer Protection Commission (CCPC) has announced that a simplified merger notification procedure regime will officially commence on Wednesday 1 July 2020. The CCPC considers that the simplified (...)

The Australian Full Court dismisses the Competition Authority’s appeal in its attempts to block acquisition of a rail terminal by dominant rail freight carrier on the East coast, creating significant implications for applying the SLC test in Australia (Pacific National / Aurizon)
Australian Competition and Consumer Commission (Canberra)
Australia 259 contributions 49041 visits
Federal Court dismisses ACCC appeal on PN Aurizon case* The Full Court of the Federal Court has today delivered its judgment on the ACCC’s appeal in relation to proceedings brought to stop Pacific National’s acquisition of the Acacia Ridge Terminal in Brisbane by Aurizon (ASX: AZJ). The ACCC (...)

The UK Competition Authority blocks sports-fashion merger finding that even with the COVID-19 pandemic significantly impacting the relevant sector, there would still be negative effects on the competition if the merger proceeded (JD Sports / Footasylum) Free
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 234 contributions 56048 visits
CMA blocks sports-fashion merger* The CMA has blocked JD Sports’ purchase of close competitor Footasylum after finding it would leave shoppers worse off. Following an in-depth Phase 2 investigation, the Competition and Markets Authority (CMA) has concluded that this transaction would lead to a (...)

The Australian Full Court dismisses the Competition Authority’s appeal in its attempt to prohibit a merger and confirms the test to be applied when assessing whether a firm’s conduct will be likely to have the effect of substantially lessening competition (Pacific National / Aurizon)
Herbert Smith Freehills (Sydney)
Australia 8 contributions 297 visits
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Herbert Smith Freehills (Sydney)
Australia 14 contributions 436 visits
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Herbert Smith Freehills (Melbourne)
Australia 7 contributions 323 visits
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The Full Federal Court has dismissed the ACCC’s appeal in respect of its case against Pacific National and Aurizon. In dismissing the ACCC’s appeal, the Full Federal Court confirmed the test to be applied when assessing whether a firm’s conduct will be likely to have the effect of substantially (...)

The UK Competition Authority blocks a sports-fashion retailer acquisition finding that even with the COVID-19 pandemic significantly impacting the relevant sector, the transaction would lead to a substantial lessening of competition nationally (JD Sports / Footasylum) Free
Van Bael & Bellis (Brussels)
Belgium 226 contributions 64729 visits
On 6 May 2020, the UK’s Competition and Markets Authority (“CMA”) blocked the sports-fashion retailer JD Sports’ already completed purchase of sportswear retailer Foot- asylum. The CMA concluded that the parties were close competitors and the transaction would lead to a substan- tial lessening of (...)

The US FTC clears merger of two big pharma companies after they agreed to divest 3 drugs businesses (AbbVie / Allergan)
US Federal Trade Commission (FTC) (Washington)
United States 80 contributions 15233 visits
FTC Imposes Conditions on AbbVie Inc.’s Acquisition of Allergan plc* Agency requires companies to divest three drugs Pharmaceutical companies AbbVie Inc. and Allergan plc have agreed to divest assets to settle Federal Trade Commission charges that AbbVie’s proposed $63 billion acquisition of (...)

The EU Commission clears acquisition of large specialised refiner of copper scrap by the world’s largest refiner of copper scrap (Aurubis / Metallo)
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
Mergers: Commission clears Aurubis’ acquisition of Metallo* The European Commission has approved, under the EU Merger Regulation, Aurubis’ acquisition of Metallo, a large copper scrap refiner. The Commission concluded that the merger would not adversely affect competition in the European (...)

The UK Competition Authority stops its phase II investigation after 2 education publishers decide to abandon the merger (McGraw-Hill Education / Cengage Learning)
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 234 contributions 56048 visits
Publishing merger abandoned after CMA investigation* McGraw-Hill Education has abandoned its proposed deal with Cengage Learning after competition concerns raised by the CMA. The Competition and Markets Authority (CMA) has therefore today confirmed that it will be cancelling its Phase 2 (...)

The US DOJ announced that the second and third largest textbook publisher abandoned their merger after the DOJ expressed serious concerns about the harm to competition (McGraw-Hill Education / Cengage Learning)
US Department of Justice (Washington)
United States 102 contributions 28512 visits
Cengage and McGraw-Hill Terminate Merger Agreement in Response to Antitrust Concerns* Cengage Learning Holdings II Inc. and McGraw-Hill Education Inc. mutually agreed to abandon their plans to merge after the Department of Justice informed the companies it had serious concerns that the (...)

The Kenyan Competition Authority approves a merger, subject to conditions, between two telecommunications companies (Airtel / Telkom)
Mosoti & Company advocates (Kenya)
2 contributions 199 visits
Kenya’s Competition Tribunal: Airtel/Telkom merger generates first decision* On 4th May 2020, the Kenyan Competition Tribunal made its first decision after considering the application for review of the Airtel-Telkom merger where they contested 7 out of 8 the conditions imposed. The competition (...)

The EU Commission approves an acquisition between two large EEA purchasers of copper scrap following an in-depth investigation and concludes that the merger does not adversely affect competition (Metallo / Aurubis)
Van Bael & Bellis (Brussels)
Belgium 226 contributions 64729 visits
On 4 May 2020, the Commission approved German Aurubis’ € 380 million acquisition of Belgian rival Metallo following an in-depth investigation. Aurubis is Europe’s largest integrated copper producer, selling copper shapes, semi-finished copper and various copper alloy products. It also processes (...)

The US DoJ blocks the acquisition of a major dairy farmer’s fluid milk processing plants but approves a third dairy farmer buying plants (Dairy Farmers of America / Dean Foods / Prairie Farms)
US Department of Justice (Washington)
United States 102 contributions 28512 visits
Justice Department Requires Divestitures as Dean Foods Sells Fluid Milk Processing Plants to DFA out of Bankruptcy* Department Also Closes Investigation into Acquisition of Other Dean Plants by Prairie Farms The Department of Justice announced today the conclusion of its investigation into (...)

The US DoJ welcomes the UK Competition Authority’s prohibition of a merger between two travel technology companies resulting in the parties abandoning merger worldwide, even though in the US the DoJ’s prohibition was rejected by US District Court (Sabre / Farelogix)
US Department of Justice (Washington)
United States 102 contributions 28512 visits
Statement from Assistant Attorney General Makan Delrahim on Sabre and Farelogix Decision to Abandon Merger* Sabre Corporation and Farelogix, Inc. announced today the termination of their merger agreement. The Department of Justice filed a civil antitrust lawsuit on Aug. 20, 2019, to block (...)

The US DoJ brings for the first time a merger enforcement action using arbitration and forces the divestiture of aluminium production in North America (Novelis / Aleris Corporation)
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 13 contributions 3660 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 9 contributions 5625 visits
DOJ Merger Enforcement Arbitration: A Sign of Things To Come?* On March 2020, the Antitrust Division Of the Department Of Justice successfully secured the divestiture by Novelis of Aleris Corporation’s North American aluminum production facilities in U.S. v. Novelis et al. with an unorthodox (...)

State Aid

 The EU Commission approves €1.6 billion Polish scheme to compensate companies for damages suffered due to COVID-19 outbreak and provide liquidity support Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves € 1.6 billion Polish scheme to compensate companies for damages suffered due to coronavirus outbreak and provide liquidity support* The European Commission has approved, under EU State aid rules, an approximately €1.6 billion (PLN 7.5 billion) Polish scheme that (...)

The EU Commission approves €600 million Finnish guarantee scheme to support maritime companies affected by the COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €600 million Finnish guarantee scheme to support maritime companies affected by the coronavirus outbreak* The European Commission has approved a €600 million Finnish aid scheme to support the maritime companies in the context of the coronavirus outbreak. The scheme (...)

The EU Commission approves Lithuanian fund to enable up to €1 billion of liquidity and capital support to medium-sized and large enterprises affected by the COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves Lithuanian fund to enable up to €1 billion of liquidity and capital support to medium-sized and large enterprises affected by the coronavirus outbreak* The European Commission has approved Lithuanian plans to set up a fund with a target size of up to €1 billion (...)

The EU Commission approves Dutch guarantee scheme to stabilise trade credit insurance market in COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves Dutch guarantee scheme to stabilise trade credit insurance market in coronavirus outbreak* The European Commission has approved, under EU State aid rules, a Dutch guarantee scheme to support the trade credit insurance market in face of the coronavirus outbreak. (...)

The EU Commission approves €2.2 billion Polish subsidised loan scheme for large enterprises affected by COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €2.2 billion Polish subsidised loan scheme for large enterprises affected by coronavirus outbreak* The European Commission has approved a Polish subsidised loan scheme to support large enterprisesin the context of the coronavirus outbreak. The measure was approved (...)

The EU Commission approves €8 billion Austrian scheme to compensate companies for damage caused by COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €8 billion Austrian scheme to compensate companies for damage caused by coronavirus outbreak* The European Commission has found a €8 billion Austrian scheme to compensate companies for damages related to the coronavirus outbreak to be in line with EU State aid (...)

The EU Commission approves €9 billion Italian “umbrella” scheme to support the economy in COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €9 billion Italian “umbrella” scheme to support economy in coronavirus outbreak* The European Commission has approved a €9 billion Italian “umbrella” scheme to support the Italian economy in the context of the coronavirus outbreak. The scheme was approved under the (...)

The EU Commission approves €18.5 billion Czech guarantee scheme for companies affected by COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €18.5 billion Czech guarantee scheme for companies affected by coronavirus outbreak* The European Commission has approved an approximately €18.5 billion (CZK 500 billion) Czech scheme for guarantees on loans to support lending to companies with up to 500 employees (...)

The EU Commission approves Danish guarantee scheme to stabilise trade credit insurance market in COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves Danish guarantee scheme to stabilise trade credit insurance market in coronavirus outbreak* The European Commission has approved, under EU State aid rules, a Danish guarantee scheme to support the trade credit insurance market in face of the coronavirus outbreak. (...)

The EU Commission approves State financing granted by Spain for Correos’s universal postal service obligation (Correos)
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves State financing granted by Spain for Correos’s universal postal service obligation* The European Commission has found the compensation granted by Spain to Correos to fulfil its public service mission (so-called “universal service obligation” or USO) during the (...)

The EU General Court reaffirms the Commission’s decision declaring illegal the aid from Italy to several airlines serving Sardinia (Volotea / Germanwings / EasyJet)
General Court of the European Union (Luxembourg)
Luxembourg 31 contributions 11320 visites
The General Court dismisses the actions against the Commission decision declaring illegal the aid from Italy to several airlines serving Sardinia* The operators of the Sardinian airports were not the beneficiaries of the aid but merely intermediaries between the Autonomous Region and the (...)

The EU General Court provides guidance on the notion of State aid under EU law following action for annulment brought by airline companies against a decision of the Commission finding an Italian aid to be illegal and incompatible with the internal market (Volotea / Germanwings / EasyJet)
Van Bael & Bellis (Brussels)
Belgium 144 contributions 28494 visits
On 13 May 2020, the General Court delivered three judgments in Cases T-607/17,T-716/17,T-8/18, concerning Volotea, Germanwings and easyJet, respectively (the “Applicants”). These judgments follow actions for annulment brought by the Applicants against a decision of the Commission finding that (...)

The EU Commission approves €11.5 million Maltese scheme to support investments in the production of COVID-19-relevant products Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €11.5 million Maltese scheme to support investments in the production of coronavirus-relevant products* The European Commission has approved a Maltese aid scheme of €11.5 million to support investments in the production of productsthat are relevant to the (...)

The EU Commission approves €1.5 million Latvian scheme to support companies active in the agricultural sector affected by COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €1.5 million Latvian scheme to support companies active in the agricultural sector affected by coronavirus outbreak* The European Commission has approved a €1.5 million Latvian scheme to support companies active in the primary agricultural production sector (...)

The EU Commission approves €322 million Croatian loan guarantees and subsidised loans scheme for micro, small and medium-sized companies affected by COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €322 million Croatian loan guarantees and subsidised loans scheme for micro, small and medium-sized companies affected by coronavirus outbreak* The European Commission has approved an approximately €322 million (HRK 2.450 million) Croatian scheme for loan (...)

The EU Commission approves a €25 million Belgian State aid scheme to support COVID-19 related research and development activities in Wallonia Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €25 million Belgian aid scheme to support coronavirus related research and development activities in Wallonia* The European Commission has approved a €25 million Belgian aid scheme to support coronavirus related research and development (R&D) in Wallonia.The (...)

The EU Commission approves French guarantee scheme for exporting small and midsize companies affected by COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves French guarantee scheme for exporting small and midsize companies affected by coronavirus outbreak* The European Commission has approved, under EU State aid rules, a French guarantee scheme for small and midsize companies with export activities that are affected (...)

The EU Commission invites comments on an updated proposal on simplified rules for State aid combined with EU support, inspired by temporary rules for aid to tackle the COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission invites comments on updated proposal on simplified rules for State aid combined with EU support* The European Commission is inviting Member States and other stakeholders to comment on its updated proposal to exempt from prior Commission scrutiny under EU State aid rules (...)

The EU Commission approves €10.3 billion UK scheme to support self-employed individuals and members of partnerships during the COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves € 10.3 billion UK scheme to support self-employed individuals and members of partnerships during the coronavirus outbreak* The European Commission has approved a GBP 9 billion (approximately € 10.3 billion) UK aid scheme to support self-employed individuals and (...)

The EU Commission approves €500 million Greek scheme to support the self-employed affected by COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €500 million Greek scheme to support the self-employed affected by coronavirus outbreak* The European Commission has approved a €500 million Greek scheme to support self-employed individuals, including self-employed managers of small companies in sectors affected (...)

The EU Commission approves €450 million Polish scheme in the form of loans and guarantees to support companies affected by COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €450 million Polish scheme to support companies affected by coronavirus outbreak* The European Commission has approved a €450 million scheme (approximately PLN 2 billion)to support the Polish economy in the context of the coronavirus outbreak. The support measures (...)

The EU Commission approves €650 million Dutch scheme to compensate companies in the floriculture, specialty horticulture, and potato sectors for damage caused by COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €650 million Dutch scheme to compensate companies in the floriculture, specialty horticulture and potato sectors for damage caused by coronavirus outbreak* The European Commission has found a €650 million Dutch scheme that compensates companies in the floriculture, (...)

The EU Commission expands Temporary Framework to a recapitalization and subordinated debt measures to further support the economy in the context of the COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission expands Temporary Framework to recapitalisation and subordinated debt measures to further support the economy in the context of the coronavirus outbreak* The European Commission has adopted a second amendment to extend the scope of the State aid Temporary Framework (...)

The EU Commission extends its COVID-19 State aid rules to recapitalisation and subordinated debt measure Free
White & Case (Brussels)
Belgium 11 contributions 3664 visits
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White & Case (Brussels)
Belgium 7 contributions 1777 visits
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White & Case (Brussels)
Germany 5 contributions 1420 visits
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In anticipation of the wave of requests from stricken companies due to the COVID-19 outbreak for more long-term State support, on 8 May, the Commission extended the scope of its State aid Temporary Framework to allow Member States to take stakes in non-financial companies affected by the (...)

The EU Commission authorises State aid measure following the COVID-19 outbreak to help companies cover their immediate liquidity needs through bank loans guaranteed by EU member states Free
Hogan Lovells (Paris)
France 24 contributions 9382 visits
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Hogan Lovells (Milan)
Italy 8 contributions 2549 visits
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Hogan Lovells (Madrid)
Spain 46 contributions 90916 visits
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The first State aid measures authorized by the European Commission (Commission) following the COVID-19 outbreak were aimed at helping companies to cover their immediate liquidity needs, mainly through bank loans guaranteed by EU Member States. The significant losses incurred by companies as a (...)

The EU Commission revises its temporary framework for State aid to allow capital injections by EU member states into non financial firms affected by the COVID-19 outbreak Free
Morgan Lewis (London)
United Kingdom 24 contributions 6562 visits
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Morgan Lewis (London)
United Kingdom 4 contributions 1828 visits
The European Commission has revised its Temporary Framework for State Aid to support the economy during the coronavirus (COVID-19) pandemic to allow capital injections by EU member states into nonfinancial firms affected by the pandemic. To support the economy in the current COVID-19 pandemic, (...)

The EU Commission includes recapitalisation measures in the temporary framework for State aid measures to support the economy during the COVID-19 outbreak
Covington & Burling (Brussels)
Belgium 34 contributions 11227 visits
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Covington & Burling (Brussels)
Belgium 1 contribution 69 visits
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Covington & Burling (Brussels)
Belgium 7 contributions 1613 visits
On 8 May 2020, the European Commission (“Commission”) adopted a second amendment (the “New Amendment”) to the Temporary Framework for State aid measures to support the economy during the COVID-19 outbreak (the “Temporary Framework”) (see our previous post on the Temporary Framework here and on the (...)

The EU Commission approves €40 million rescue aid to Croatian mechanical engineering company (Ðuro Ðaković)
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €40 million rescue aid to Croatian mechanical engineering company Ðuro Ðaković* The European Commission has approved, under EU State aid rules, Croatia’s decision to grant mechanical engineering company Ðuro Ðaković a State guarantee for a €40.31 million (HRK 300 (...)

The EU Commission approves €314 million Hungarian guarantee scheme to support SMEs active in the agri-food value chain during the COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €314 million Hungarian guarantee scheme to support SMEs active in the agri-food value chain during the coronavirus outbreak* The European Commission has approved a Hungarian scheme to support the agri-food value chain in the context of the coronavirus outbreak, (...)

The EU Advocate General Hogan releases its opinion on State aid for a new nuclear power plant in the UK (Hinkley Point C)
Lund University
Sweden 3 contributions 3484 visits
Hinkley Point C – Is semi-permeable membrane protecting the internal market’s nucleus?* Who would have thought that a case from the UK would potentially shape the EU State aid policy for years to come, being decided just around the time of the UK’s exit from the EU? This situation is made all (...)

The EU Commission approves a €7.3 million Czech scheme to support research and development activities related to COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €7.3 million Czech scheme to support research and development activities related to coronavirus outbreak* The European Commission has approved a CZK 200 million (approximately €7.3 million) Czech aid scheme to support research and development (R&D) activities (...)

The EU Commission approves €40 million Finnish direct grant schemes to support companies in the agriculture and fishery sectors affected by COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €40 million Finnish direct grant schemes to support companies in the agriculture and fishery sectors affected by coronavirus outbreak* The European Commission has approved two Finnish schemes, with a total budget of €40 million, to support the agricultural and (...)

The EU Commission approves €10 million Greek direct grant scheme to support companies in the floriculture sector affected by the COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €10 million Greek scheme to support companies in the floriculture sector affected by the coronavirus outbreak* The European Commission has approved a €10 million Greek State aid scheme to support the floriculture primary production sector in the context of the (...)

The EU Commission approves €296 million Danish loan schemes to support start-ups affected by COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €296 million Danish loan schemes to support start-ups affected by coronavirus outbreak* The European Commission has approved two Danish loan schemes to support start-up companies in the context of the coronavirus outbreak. The loan schemes, with a total budget of (...)

The EU Commission approves €5.2 billion Czech guarantee scheme for loans to large exporting companies affected by COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €5.2 billion Czech guarantee scheme for loans to large exporting companies affected by coronavirus outbreak* The European Commission has approved an approximately €5.2 billion (CZK 142 billion) Czech guarantee scheme for large companies with export activities (...)

The EU Commission approves a Belgian €250 million subordinated loan scheme to support start-ups, scale-ups, and SMEs affected by the COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves Belgian €250 million subordinated loan scheme to support start-ups, scale-ups and SMEs affected by the coronavirus outbreak* The European Commission has approved a Belgian scheme of €250 million, financed by the Flemish region, to support companies in the context (...)

The EU Commission approves French plans to provide €7 billion in urgent liquidity support to Air France due to the COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves French plans to provide €7 billion in urgent liquidity support to Air France* The European Commission has approved, under EU State aid rules, a €7 billion French aid measure consisting of a State guarantee on loans and a shareholder loan to Air France to provide (...)

The EU Commission approves €30 million Italian scheme to support SMEs in the agriculture and fishery sectors affected by COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 873 contributions 1936189 visits
State aid: Commission approves €30 million Italian scheme to support SMEs in the agriculture and fishery sectors affected by coronavirus outbreak* The European Commission has approved a €30 million Italian scheme to support small and medium-sized enterprises (SMEs) in the agricultural and (...)

Procedures

 The Mexican Competition Authority extends for the fourth time its suspension of legal timelines for some procedures due to the COVID-19 pandemic and expands the list of suspended proceedings Free
Mexican Competition Authority (Mexico City)
Mexico 88 contributions 17204 visits
Fourth agreement of the Board of Commissioners on the suspension of legal terms for some procedures filed before COFECE* Procedures and procedural stages established in the third agreement on the suspension of legal terms published on April 30 remain exempted and others are added. COFECE’s (...)

The Prague Municipal Court terminates private damages proceedings concerning harm caused by an interior design cartel (Hyundai Motor Manufacturing Czech / Wiesner-Hager Project / Artspect / Iridium)
Skils (Prague)
Czech Republic 34 contributions 25151 visits
Following a settlement the Municipal Court in Prague, on 26 May 2020, eventually terminated proceedings concerning follow-on cartel damages claim lodged by Hyundai Motor Manufacturing Czech originally against three companies, namely Wiesner-Hager Project, Artspect and Iridium. Background to (...)

The Mexican Competition Authority accepts the First Circuit Collegiate Court’s precedent confirming that the Competition Authority is the national regulator with competence over digital platform merger cases (Uber / Cornershop)
Mexican Competition Authority (Mexico City)
Mexico 88 contributions 17204 visits
The Judiciary reaches the decision that COFECE is the competent authority to resolve the concentration between Uber and Cornershop* The Mexican Federal Economic Competition Commission (COFECE or Commission) became aware, through the live broadcast of today’s session of the First Circuit (...)

The UK Competition Authority publishes a second update from its COVID-19 taskforce Free
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 234 contributions 56048 visits
Update on CMA COVID-19 Taskforce* The CMA has published a second update from its COVID-19 Taskforce, which monitors and responds to competition and consumer problems arising from the pandemic. As part of the Taskforce’s work, it is asking the public for information about businesses behaving (...)

The High Court of Delhi sides with the Indian Competition Authority and resolves the jurisdictional issue between the latter and the Intellectual Property Rights Authorities under the Patents Act (Monsanto)
Hidayatullah National Law University (Raipur)
India 1 contribution 121 visits
Following the appeal made against several orders of Competition Commission of India (“CCI”) by Monsanto Holdings Pvt. Ltd. (“MHPL”), the Delhi High Court on 20th May, 2020 handed down the judgement of MHPL & Ors. v. CCI, clarifying mainly the jurisdictional issues between the IPR authorities (...)

The French Competition Authority announces reinstatement of certain statutory limits as first measures of the gradual lifting of the state of health emergency in France due to COVID-19 Free
French Competition Authority (Paris)
France 659 contributions 289290 visits
Gradual lifting of the state of health emergency in France: re-instating statutory time limits* The time limits applying to various procedures have been suspended since 12 March 2020, the date on which the health emergency period started in France. Order No. 2020-560 of 13 May 2020 setting out (...)

The French Competition Authority reinstates deadlines for responding to statements of objections and reports which were suspended due to the COVID-19 outbreak Free
French Competition Authority (Paris)
France 659 contributions 289290 visits
Reinstatement of deadlines for responding to statements of objections and reports* In a press release dated 27 March 2020, the Autorité de la concurrence stated that “the two-month period available to companies to submit, in application of Article L. 463-2 of the French Commercial Code, their (...)

The Danish Maritime and Commercial High Court rules that pieces of information in decision from the Competition Authority are not exempt from publication (Teller’s / Nets)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 109 contributions 28612 visits
Danish Maritime and Commercial High Court: Pieces of information in decision from the Danish Competition Council are not exempt from publication* On May 11 2020, The Danish Maritime and Commercial High Court decided that a series of information in an August 2018-decision from the Danish (...)

The Latvian Competition Authority develops a self-assessment tool, aimed at facilitating assessment of participation of public administrative bodies in a capital company
Latvian Competition Council (Riga)
103 contributions 17945 visits
The CC develops a self-assessment tool, aimed at facilitating assessment of participation of public administrative bodies in a capital company* In 2020, majority of public administrative bodies pursuant to Section 88 of the State Administration Structure Law (the SASL) are obliged to carry out (...)

The Canadian Competition Authority announces that they are increasing their enforcement of deceptive COVID-19 marketing claims Free
Steve Szentesi Law Corporation (Vancouver)
Canada 52 contributions 12813 visits
Competition Bureau Escalates Enforcement of the Competition Act For COVID-19 Related Marketing Claims* On May 6, 2020, the Competition Bureau (Bureau) announced that it was increasing its enforcement of deceptive COVID-19 marketing claims (see: Competition Bureau cracking down on deceptive (...)

Regulatory

 The Romanian Competition Authority issues findings from its study on the impact of the collaborative economy on the competitive environment and the competition policy
Romanian Competition Council (Bucharest)
Romania 68 contributions 14055 visits
The Development of the Collaborative Economy and the Relaxation of Market Access Conditions for Traditional Service Providers Leads to the Improvement of Competition* The Coronavirus pandemic has demonstrated once again that digitalization, increasing the importance of platforms, technological (...)

The Mexican Competition Authority invites the public to complete a questionnaire on competition in rail transport
Mexican Competition Authority (Mexico City)
Mexico 88 contributions 17204 visits
COFECE invites the public to complete a questionnaire on competition in rail transport* With this exercise, the Commission initiates its works to draft a document about competition in the public service for rail freight transport aimed at detecting possible obstacles to the efficient (...)

The German Government tightens the national foreign direct investment screening regime to better protect security-relevant businesses in the health sector from non-EEA take-overs in light of the COVID-19 outbreak Free
Morgan Lewis (Washington)
United States 1 contribution 484 visits
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Morgan Lewis (Frankfurt)
Germany 4 contributions 1267 visits
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Morgan Lewis (Frankfurt)
Germany 7 contributions 2464 visits
A recent amendment to Germany’s foreign direct investment ordinance adds new businesses to the existing catalogue of critical infrastructures—in particular, in the health sector—that will be subject to foreign direct investment screening going forward. Germany is taking several legislative (...)

The German Government tightens foreign direct investment control in light of COVID-19 following the guidance from the EU Commission on a possible increased risk of attempts to acquire healthcare capacities Free
Jones Day (Brussels)
Belgium 8 contributions 2093 visits
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Jones Day (Frankfurt)
Germany 8 contributions 2280 visits
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DLA Piper (London)
United Kingdom 27 contributions 10650 visits
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On May 20, 2020, the German Federal government adopted the 15th amendment to the Foreign Trade and Payments Ordinance (AWV). The changes to the AWV will be effective shortly, after publication in the Federal Gazette. Prompted by the COVID-19 pandemic, the amendment expands the scope of (...)

The Dutch Competition Authority recommends to the government the inclusion of a requirement to cooperate in the tender conditions for a new train service to Germany
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 153 contributions 22629 visits
ACM recommends Dutch government to include a requirement to cooperate in the tender conditions for a new train service to Germany* A requirement to cooperate with other market participants may be included in the concession conditions of the international rail service between the Dutch city of (...)

The Australian Competition Authority revokes interim authorisation for car rental companies to jointly negotiate with cairns airport due to COVID-19 pandemic Free
Australian Competition and Consumer Commission (Canberra)
Australia 259 contributions 49041 visits
Interim authorisation for car rental companies revoked due to COVID-19* The ACCC has revoked an interim authorisation due to the change in market conditions caused by the COVID-19 pandemic. The ACCC granted the interim authorisation in February to five major car rental companies to jointly (...)

The Spanish Competition Authority identifies competition problems in the fifth stowage market’s framework agreement in the port state sector
Bird & Bird (Madrid)
Spain 27 contributions 3184 visits
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Ecija & Asociados (Madrid)
Spain 19 contributions 1337 visits
Since the European Court of Justice ("ECJ") judgment in 2014 in case Commission v. Spain (C-576/13), which declared the Spanish regime for stevedores incompatible with the freedom of establishment, there has been a progressive modification of the national regulation in order to liberalise the (...)

The Lithuanian Competition Authority suggests to the Government stricter liability for major retailers’ unfair practices with suppliers
Lithuanian Competition Authority (Vilnius)
Lithuania 74 contributions 11908 visits
Konkurencijos Taryba Suggests Stricter Liability For Major Retailers‘ Unfair Practices To Suppliers* After conducting the monitoring of the implementation of the Law on the Prohibition of Unfair Practices of Retailers (Law), in its report provided to the Government the Lithuanian competition (...)

The German Competition Authority reports substantial differences in fuel prices at different petrol stations, exacerbated by the effects on oil prices by the COVID-19 pandemic Free
German Competition Authority (Bonn)
Germany 353 contributions 81024 visits
Substantial price differences at petrol stations - Bundeskartellamt publishes Annual Report of the Market Transparency Unit for Fuels* The Bundeskartellamt has published its 2019 annual report on the work of its Market Transparency Unit for Fuels today. Andreas Mundt, President of the (...)

The UK Competition Authority consults on commitments offered by two major airlines in the Atlantic Joint Business Agreement to resolve competition concerns over airline routes with consideration for the effects of COVID-19 pandemic (American Airlines / British Airways) Free
United Kingdom’s Competition Authority - CMA (London)
United Kingdom 234 contributions 56048 visits
CMA consults on BA and American Airlines commitments* British Airways and American Airlines have offered commitments to resolve the CMA’s competition concerns over an agreement about airline routes between the UK and US. The airlines will make slots available at London Heathrow or Gatwick (...)

The Mexican Competition Authority issues recommendations to the National Energy Control Center Agreement on ensuring stability in the electricity markets during COVID-19 pandemic Free
Mexican Competition Authority (Mexico City)
Mexico 88 contributions 17204 visits
COFECE issues recommendations to the National Energy Control Center (CENACE) Agreement* During the health emergency, competitive electricity prices are of the utmost relevance. COFECE’s recommendations seek to avoid a permanent increase in electricity rates or an increase of subsidies by the (...)

The French Competition Authority, along with 7 other national public and administrative authorities, take action on climate change
Covington & Burling (Brussels)
Belgium 3 contributions 487 visits
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Van Bael & Bellis (Brussels)
Belgium 16 contributions 3107 visits
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Covington & Burling (Brussels)
Belgium 34 contributions 11227 visits
At a time when COVID-19 is having direct and indirect effects on the reduction of greenhouse gas (“GHG”) emissions and ensuing global warming, eight French regulators, including the French Competition Authority, issued on 5 May 2020 a joint working paper in which they highlight the need to take (...)

The EU Commission adopts measures aimed at mitigating the effects of COVID-19 in the agri-food sector Free
Covington & Burling (Brussels)
Belgium 3 contributions 487 visits
,
Covington & Burling (Brussels)
Belgium 34 contributions 11227 visits
In response to the ongoing COVID-19 pandemic, the European Commission (“EC”) is taking steps to stabilise the most affected sectors of the economy. As part of its efforts, the EC has announced its support for the agricultural and food sectors which are severely affected by the pandemic. This (...)

The EU Commission announces a package of measures to support the food and agriculture sector and mitigate the effects of the COVID-19 outbreak, including relaxing some antitrust rules on cooperation Free
Norton Rose Fulbright (Brussels)
Belgium 25 contributions 11285 visits
On May 4, 2020, the European Union (EU) announced a package of measures to support the food and agriculture sector and mitigate the effects of the COVID-19 outbreak, including relaxing some antitrust rules on cooperation. The European Commission (EC) had previously announced measures to (...)

The OECD reports on foreign direct investment flow regulation in EU Member States during the COVID-19 pandemic Free
Addleshaw Goddard (London)
United Kingdom 1 contribution 414 visits
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Addleshaw Goddard (London)
United Kingdom 9 contributions 6922 visits
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Addleshaw Goddard (London)
United Kingdom 1 contribution 414 visits
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UK FDI Hub: COVID-19 and foreign direct investment regulation* Introduction The OECD reports that even if economies begin recovering in the second half of the year, foreign direct investment (FDI) flows are expected to fall more than 30% in 2020 from 2019 levels, as a result of the policy (...)

The Australian Competition Authority allows electricity and gas companies to co-operate to provide financial relief to residential and business customers who may be financially impacted by the COVID-19 pandemic Free
Australian Competition and Consumer Commission (Canberra)
Australia 259 contributions 49041 visits
Electricity and gas companies to co-operate on relief package* The ACCC has granted conditional interim authorisation to allow the Australian Energy Council and wholesale and retail energy businesses to co-operate to provide financial relief to residential and business customers who may be (...)

International

 Spain : The Spanish Supreme Court confirms that undertakings not active in the market affected by the cartel can be part of the infringement (Textil Planas Oliveras)
Baker McKenzie (Madrid)
Spain 30 contributions 23439 visits
The Spanish Supreme Court has overturned a judgment of the Audiencia Nacional, finding that the decision of the Spanish Competition Authority (“CNMC”) did not err in sanctioning a company that participated in the infringement actively and knowingly, even though it does not compete in the affected (...)

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