May 2020

General antitrust

 The OECD issues note on competition and emergency procurement during COVID-19 Free
OECD - Competition Division (Paris)
France 283 contributions 619594 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 (...)

Anticompetitive practices

 The New Zealand Competition Authority releases guidelines on anticompetitive agreements temporarily allowed due to COVID-19 Free
New Zealand Commerce Commission
New Zealand 36 contributions 4020 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 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 52 contributions 13483 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 Dutch Competition Authority allows hospitals, hospital pharmacies, 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 104 contributions 12829 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 OECD issues note on co-operation between competitors in the time of COVID-19 Free
OECD - Competition Division (Paris)
France 283 contributions 619594 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 Lithuanian Competition Authority warns travel organizers not to interfere with travel agencies’ pricing or discount decisions
Lithuanian Competition Authority (Vilnius)
Lithuania 51 contributions 7691 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 Belgian Competition Authority adopts new leniency guidelines
Van Bael & Bellis (Brussels)
Belgium 219 contributions 35421 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 Portuguese Competition Authority issues guidance aimed at 3 business associations in the pharmaceutical and financial sectors reaffirming 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 52 contributions 13483 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 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 358 contributions 69896 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 Hong Kong Competition Authority accepts voluntary commitments by 3 major online travel agents (Booking.com / Expedia / Trip.com)
Hong Kong Competition Commission
Hong Kong 16 contributions 1958 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 23 contributions 1832 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 15 contributions 5616 visits
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ACTECON (Istanbul)
Turkey 1 contribution 362 visits
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ACTECON (Istanbul)
Turkey 1 contribution 362 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 90 contributions 19442 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 - Antitrust Division (Washington)
United States 28 contributions 4277 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 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 45 contributions 6167 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 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 51 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 3 contributions 1686 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 New Zealand Competition Authority issues guidance on business collaboration during COVID-19 Free
New Zealand Commerce Commission
New Zealand 36 contributions 4020 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 (...)

Unilateral Practices

 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 53 contributions 8915 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 60 contributions 10434 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 OECD issues note on exploitative pricing in the time of COVID-19 Free
OECD - Competition Division (Paris)
France 283 contributions 619594 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 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 9 contributions 1769 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 (...)

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 45 contributions 6167 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 Ankara Regional Administrative Court annuls the Turkish 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 15 contributions 5616 visits
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ACTECON (Istanbul)
Turkey 4 contributions 1183 visits
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ACTECON (Istanbul)
Turkey 3 contributions 487 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 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 104 contributions 12829 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 (...)

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 149 contributions 16001 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 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 23 contributions 1832 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 7 contributions 1301 visits
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Morgan Lewis (Frankfurt)
Germany 3 contributions 646 visits
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Morgan Lewis (Belgium)
Belgium 2 contributions 402 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 623 contributions 1267977 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 US FTC clears merger of medical device companies subject to divestment of one’s myoelectric elbows business to competitors (College Park Industries / Össur Hf)
US Federal Trade Commission (FTC) (Washington)
United States 23 contributions 1832 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)
European Court of Justice (Luxembourg)
Luxembourg 12 contributions 1831 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 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 (Hutchison / Telefónica UK)
Herbert Smith Freehills (London)
United Kingdom 6 contributions 1306 visits
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Herbert Smith Freehills (Brussels)
Belgium 57 contributions 42432 visits
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Herbert Smith Freehills (London)
Belgium 19 contributions 3653 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 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 14 contributions 8716 visits
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Baker Botts (Brussels)
Belgium 6 contributions 3201 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 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 543 contributions 182390 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 282 contributions 52947 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 623 contributions 1267977 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 German Government tightens national foreign direct investment screening regime to better protect security-relevant businesses in the health sector from non-EEA take-overs in light of COVID-19 outbreak Free
Morgan Lewis (Washington)
United States 1 contribution 295 visits
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Morgan Lewis (Frankfurt)
Germany 2 contributions 591 visits
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Morgan Lewis (Frankfurt)
Germany 5 contributions 1603 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 Federal 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 1 contribution 49 visits
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Jones Day (Brussels)
Belgium 2 contributions 256 visits
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Jones Day (Frankfurt)
Germany 5 contributions 1476 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 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 104 contributions 12829 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 37 visits
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McDermott Will & Emery (Chicago)
United States 1 contribution 37 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 104 contributions 12829 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 2 contributions 93 visits
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King & Wood Mallesons (Beijing)
China 1 contribution 60 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 45 contributions 6167 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 543 contributions 182390 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 - Antitrust Division (Washington)
United States 28 contributions 4277 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 1 contribution 47 visits
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Baker Botts (Washington)
United States 1 contribution 47 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 543 contributions 182390 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 clears merger of travel agencies (Barceló / Globalia)
Spanish Competition Authority (Madrid)
Spain 8 contributions 942 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 41 contributions 5884 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 UK Competition Authority blocks a sports-fashion retailer acquisition finding that even with COVID-19 significantly impacting the relevant sector, the transaction would lead to a substantial lessening of competition nationally (JD Sports / Foot asylum) Free
Van Bael & Bellis (Brussels)
Belgium 228 contributions 57505 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 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 149 contributions 16001 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 COVID-19 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 109 contributions 22139 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 US FTC clears merger of 2 Big Pharma companies after they agreed to divest 3 drugs businesses (AbbVie / Allergan)
US Federal Trade Commission (FTC) (Washington)
United States 23 contributions 1832 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 623 contributions 1267977 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 109 contributions 22139 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 - Antitrust Division (Washington)
United States 28 contributions 4277 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 117 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 228 contributions 57505 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 moves to block acquisition of a major dairy farmer’s fluid milk processing plants to another out of bankruptcy in Illinois, Wisconsin, and New England, but approves a third dairy farmer buying plants in in the South and Midwest (Dairy Farmers of America / Dean Foods) (Dean Foods / Prairie Farms)
US Department of Justice - Antitrust Division (Washington)
United States 28 contributions 4277 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 - Antitrust Division (Washington)
United States 28 contributions 4277 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 (...)

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 623 contributions 1267977 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 623 contributions 1267977 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 623 contributions 1267977 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 623 contributions 1267977 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 623 contributions 1267977 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 623 contributions 1267977 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 economy in COVID-19 outbreak Free
DG COMP (Brussels)
Belgium 623 contributions 1267977 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 623 contributions 1267977 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 623 contributions 1267977 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 623 contributions 1267977 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)
European Court of Justice (Luxembourg)
Luxembourg 12 contributions 1831 visits
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 to the notion of State aid under EU law following an action for annulment brought by airline companies against a decision of the EU Commission finding an Italian aid to be illegal and incompatible with the internal market (Volotea / Germanwings / EasyJet)
Van Bael & Bellis (Brussels)
Belgium 116 contributions 20164 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)
Belgique 621 contributions 1267924 visites
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)
Belgique 621 contributions 1267924 visites
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)
Belgique 621 contributions 1267924 visites
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 €25 million Belgian aid scheme to support COVID-19 related research and development activities in Wallonia Free
DG COMP (Brussels)
Belgique 621 contributions 1267924 visites
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 compensation for early closure of coal fired power plant in the Netherlands (Hemweg)
DG COMP (Brussels)
Belgique 621 contributions 1267924 visites
The European Commission has concluded that the compensation of €52.5 million granted to coal fired power plant Hemweg by the Netherlands for the early closure imposed on the plant is in line with EU State aid rules. The measure will contribute to reducing CO2 without unduly distorting (...)

The EU Commission approves French guarantee scheme for exporting small and midsize companies affected by COVID-19 outbreak Free
DG COMP (Brussels)
Belgique 621 contributions 1267924 visites
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 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)
Belgique 621 contributions 1267924 visites
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)
Belgique 621 contributions 1267924 visites
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)
Belgique 621 contributions 1267924 visites
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)
Belgique 621 contributions 1267924 visites
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, speciality horticulture and potato sectors for damage caused by COVID-19 outbreak Free
DG COMP (Brussels)
Belgique 621 contributions 1267924 visites
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 recapitalisation and subordinated debt measures to further support the economy in the context of the COVID-19 outbreak Free
DG COMP (Brussels)
Belgique 621 contributions 1267924 visites
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 2753 visits
,
White & Case (Brussels)
Belgium 4 contributions 572 visits
,
White & Case (Brussels)
Germany 5 contributions 1010 visits
…
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 14 contributions 5799 visits
,
Hogan Lovells (Milan)
Italy 6 contributions 1027 visits
,
Hogan Lovells (Madrid)
Spain 45 contributions 89358 visits
…
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 14 contributions 3133 visits
,
Morgan Lewis (London)
United Kingdom 3 contributions 1397 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 approves €40 million rescue aid to Croatian mechanical engineering company (Ðuro Ðaković)
DG COMP (Brussels)
Belgique 621 contributions 1267924 visites
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)
Belgique 621 contributions 1267924 visites
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 Commission approves €7.3 million Czech scheme to support research and development activities related to COVID-19 outbreak Free
DG COMP (Brussels)
Belgique 621 contributions 1267924 visites
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)
Belgique 621 contributions 1267924 visites
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)
Belgique 621 contributions 1267924 visites
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)
Belgique 621 contributions 1267924 visites
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)
Belgique 621 contributions 1267924 visites
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 Belgian €250 million subordinated loan scheme to support start-ups, scale-ups and SMEs affected by the COVID-19 outbreak Free
DG COMP (Brussels)
Belgique 621 contributions 1267924 visites
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)
Belgique 621 contributions 1267924 visites
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)
Belgique 621 contributions 1267924 visites
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 60 contributions 10430 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 Belgian Competition Authority issues new guidelines on the calculation of fines
Van Bael & Bellis (Brussels)
Belgium 219 contributions 35421 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 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 60 contributions 10430 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)
Royaume-Uni 109 contributions 22136 visites
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 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
Autorité de la concurrence (Paris)
France 543 contributions 182373 visites
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
Autorité de la concurrence (Paris)
France 543 contributions 182373 visites
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)
Danemark 90 contributions 19439 visites
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 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 16 contributions 1958 visites
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 Latvian Competition Authority develops a self-assessment tool, aimed at facilitating assessment of participation of public administrative bodies in a capital company
Konkurences padome (Riga)
Lettonie 87 contributions 13012 visites
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 10464 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)
Roumanie 44 contributions 8999 visites
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 60 contributions 10430 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 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 - Antitrust Division (Washington)
United States 28 contributions 4264 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 US DoJ announces its first approval of a COVID-19 competitor collaboration which is not involving medical supplies
Robins Kaplan (New York)
United States 1 contribution 282 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 Dutch Competition Authority recommends to the Dutch government to include a requirement to cooperate in the tender conditions for a new train service to Germany (Train between Eindhoven and Düsseldorf)
Netherlands Authority for Consumers & Markets (The Hague)
Pays-Bas 104 contributions 12827 visites
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 149 contributions 15994 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 Lithuanian Competition Authority suggests to the Government stricter liability for major retailers’ unfair practices with suppliers
Lithuanian Competition Authority (Vilnius)
Lituanie 51 contributions 7695 visites
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)
Allemagne 282 contributions 52943 visites
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)
Royaume-Uni 109 contributions 22136 visites
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 60 contributions 10430 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 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 2 contributions 230 visits
,
Morgan Lewis (London)
United Kingdom 25 contributions 12366 visits
,
Morgan Lewis (London)
United Kingdom 14 contributions 3133 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 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 19 contributions 7426 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 EU Commission adopts measures aimed at mitigating the effects of COVID-19 in the agri-food sector Free
Covington & Burling (Brussels)
Belgium 2 contributions 71 visits
,
Covington & Burling (Brussels)
Belgium 8 contributions 6330 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 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 25 contributions 12366 visits
,
Morgan Lewis (London)
United Kingdom 14 contributions 3133 visits
,
Morgan Lewis (London)
United Kingdom 2 contributions 230 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 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 149 contributions 15994 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 (...)

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